The reporter has raised a concern regarding the updated [Operator's] Fatigue Management System. The reporter states that the new version does not contain any requirement for rest prior to the first night shift, when previously a minimum of 4 hours of sleep opportunity at the employee's accommodation was required. Additionally, the minimum time between shifts has been reduced from 23 to 22 hours.
Given that many drivers are fly-in-fly-out workers, the reporter believes that this could result in an individual being awake without the opportunity for rest for an extended period of time with no requirement to complete a self-fatigue assessment on their first shift.
Further, the reporter states that these changes were not conducted through a consultative process as required by Rail Safety National Law.
With reference to the REPCON report of a concern regarding the updated Fatigue Management System where the reporter stated the following impacts to Rail Operations drivers:
1. The new version does not contain any requirement for Fly-In-Fly-Out (FIFO) workers to rest prior to the first night shift, when previously a minimum of 4 hours sleep opportunity at the employee's accommodation was required and;
2. The new version changed the minimum time between shifts from 23 to 22 hours and these changes were not conducted through a consultative process.
The Fatigue Management Plan, founded on [Code of Practice – Working Hours], describes [Operator's] systematic approach to controlling the risks associated with fatigue and complies with Work Health and Safety legislation. This document is an overarching document that generally applies to the business; however, divisions like Rail Operations have developed their own documentation based on their specific operational requirements that are more onerous than the Fatigue Management Plan due to the dynamic rostering patterns.
The Rail Operations team has an [instruction document] which is in place to specifically manage the key rostering processes and principles which support effective management of Rail Operations rosters and is managed through the approved crew rostering system. This document ensures a standardised and collaborative approach when applying rostering processes and principles to Rail Operations personnel. It is intended to ensure accountability to adhere to the processes and principles outlined in the document and support employee engagement.
The 4-hour rule is not currently documented within the [instruction], however it is current practice that rail crew officers schedule 4-hour breaks before commencing work on 'fly in' day and we are confirming this practice by including it in the [instruction] as part of the April 2023 document review.
The Fatigue Management Plan requires at least 22 hours break between day and night shift. When moving from day to night or night to day, Rail Operations employees must have a minimum of 23 hours off. This minimum of 23-hour break between day/night shifts is applied to allow for travel time between place of residence or camp and we are confirming this practice by including it in the [instruction] as part of the April 2023 document review.
Despite changes to the Fatigue Management Plan, Rail Operations have not changed their rostering practices and therefore no consultation has occurred with drivers.
ONRSR confirms it received ATSB REPCON report number RR2023-00003 dated 8 May 2023, regarding concerns with changes to the Fatigue Risk Management System (FRMS) at an accredited rail transport operator.
ONRSR has reviewed the reporter’s concerns and operator’s response. ONRSR has made further enquiries and is satisfied with the operator’s response stated in the REPCON.
In relation to notification of change requirements, ONRSR must be informed of certain operational changes that fall within the changes described in Regulation 9 of the Rail Safety National Law National Regulations 2012 and are within the scope of the rail transport operator’s accredited railway operations, as specified in their notice of accreditation. This helps ONRSR to better monitor railway operations and is one aspect of regulating management of change. Further details for rail transport operators are available on the ONRSR website at the following link: https://www.onrsr.com.au/operator-essentials/notify-onrsr-of-changes.
ONRSR has developed a Fatigue Risk Management Guideline to provide practical guidance to rail transport operators on how to manage the fatigue-related risks associated with rail safety work and set out ONRSR’s expectations for meeting the requirements of the RSNL.