Transport Infrastructure (Dangerous Goods By Rail) Regulation 2018

This section applies in relation to a task involved in the transport of dangerous goods, including the following—

packing dangerous goods;

consigning dangerous goods;

loading dangerous goods;

unloading dangerous goods;

handling a fumigated cargo transport unit;

marking a package containing dangerous goods;

placarding a placard load;

preparing transport documentation;

maintaining rail vehicles and equipment used in the transport of dangerous goods;

driving a rail vehicle transporting dangerous goods;

being the consignee of dangerous goods;

following the procedures required under part 14 in a dangerous situation.

A person who is responsible for managing or controlling the task must not employ, engage or permit someone else (the worker) to perform the task unless the worker—

has received instruction, and has satisfactorily finished training, specific to the task; or

is—

receiving instruction and training specific to the task; and

appropriately supervised in doing the task by a person who has received instruction, and has satisfactorily finished training, specific to the task;

to enable the worker to do the task safely and in compliance with this regulation.

Maximum penalty—40 penalty units.

A person must not manage, control or supervise the task unless the person has received instruction, and has satisfactorily finished training, specific to the task to enable the person to manage, control or supervise someone else to perform the task safely and in compliance with this regulation.Maximum penalty—40 penalty units.

Subsection (5) applies if a person responsible for managing or controlling the task claims that—

a person employed, engaged or permitted to do the task; or

a person who supervised a person employed, engaged or permitted to do the task;

has received instruction, and has satisfactorily finished training, specific to the task.

The chief executive may give the person responsible for managing or controlling the task a written notice asking the person, within 14 days after receiving the notice, to give the chief executive written evidence of the instruction and the satisfactory finishing of the training.

A person given a notice under subsection (5) must comply with the notice, unless the person has a reasonable excuse.Maximum penalty—15 penalty units.