The Railways (Safety Critical Work) Regulations 1994

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“approve” means approve for the time being in writing, and “approved” shall be construed accordingly;

“building operation” has the meaning assigned to it by section 176(1) of the Factories Act 1961(1);

“the Executive” means the Health and Safety Executive;

“factory” has the meaning assigned to it by section 175 of the Factories Act 1961 and premises to which section 123(1) or (2) or 125(1) of that Act applies;

“harbour” and “harbour area” have the meanings assigned to them by regulation 2(1) of the Dangerous Substances in Harbour Area Regulations 1987(2);

“means of identification” means a card or other document containing the name of the employee to whom it is issued, his photograph, the name of his employer and such other particulars as the employer wishes to include;

“mine” and “quarry” have the meanings assigned to them by section 180 of the Mines and Quarries Act 1954(3);

“railway operator” has the meaning assigned to it by the Railways (Safety Case) Regulations 1994(4) as if, in those Regulations, “railway” included any transport system and “train” included any vehicle;

“relevant assessments” means assessments (including medical assessments) which are relevant for the purpose of ascertaining the competence and fitness of the employee to undertake the safety critical work concerned (whether or not they have been approved under regulation 3(3));

“safety critical work” means work by a person—

(a)

as a driver, guard, conductor or signalman or in any other capacity in which he can control or affect the movement of a vehicle;

(b)

in a maintenance capacity or as a supervisor of, or look-out for, persons working in a maintenance capacity; and for this purpose, a person works in a maintenance capacity if his work involves—

(i)

maintenance, repair or alteration of —

(aa)

the permanent way or other means of guiding or supporting vehicles,

(bb)

signals or any other means of controlling the movement of vehicles, or

(cc)

any means of supplying electricity to vehicles or to the means of guiding or supporting vehicles, or

(ii)

coupling or uncoupling vehicles; or

(iii)

checking that vehicles are working properly before they are used on any occasion, system;

which could affect the health or safety of persons on a transport system;

“transport system” means a transport system to which Chapter I of Part II of the Transport and Works Act 1992(5) applies or would apply were it not for the exclusion in section 26(2) of that Act, except that it does not include any part of a transport system—

(a)

within a harbour or harbour area, or which is part of a factory, mine or quarry unless, in each case, it is being used or is intended to be used for the carriage of fare paying passengers;

(b)

used solely for the purpose of carrying out a building operation or work of engineering construction;

(c)

within a maintenance or goods depot;

“vehicle” means a vehicle used on a transport system and includes a mobile traction unit used on such a system;

“work of engineering construction” has the meaning assigned to it by section 176(1) of the Factories Act 1961.

(2) These Regulations shall apply to a self-employed person as they apply to an employer and an employee and as if that self-employed person were both an employer and employee.

(3) Any reference in these Regulations to a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.

(1)

1961 c. 34.

(2)

S.I. 1987/37.

(3)

1954 c. 90; section 180 was modified by S.I. 1974/2013.

(4)

S.I. 1994/237.

(5)

1992 c. 42.