- Made under
- Health and Safety at Work Act 1974
- Enforced by
- ORR
- Status
- Amended (in force with amendments)
- Penalty ceiling
- Regulated
Does it bind you?
Business-side roles with duties under this instrument.
Plus 4 duties on the regulator, Crown ministers and public bodies — folded into the section list below.
Other Acts binding the same actors
If a role above is yours, these are the other instruments that most often bind it.
Any Person — also bound by 2684 other Acts
Conformity Assessment Body — also bound by 47 other Acts
Operator — also bound by 803 other Acts
Contractor — also bound by 171 other Acts
Applicant — also bound by 325 other Acts
Responsible Person — also bound by 115 other Acts
Employer — also bound by 701 other Acts
What it requires
Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.
INTRODUCTION
0 of 3 sections shown3 other sections in this Part — procedural and definitional
SAFETY MANAGEMENT, CERTIFICATION AND AUTHORISATION
1 of 19 sections shown- Consult safety representatives and employees before applying for safety certificate or authorisationEmployer
18 other sections in this Part — procedural and definitional
GENERAL DUTIES
0 of 4 sections shown4 other sections in this Part — procedural and definitional
SAFETY CRITICAL WORK
0 of 4 sections shown4 other sections in this Part — procedural and definitional
MISCELLANEOUS
0 of 9 sections shown9 other sections in this Part — procedural and definitional
Schedules
50 of 130 shown- Your safety management system must describe responsibilities, show management control, involve workers, and ensure continuous improvementOperator
- Provide required information with safety certificate applicationApplicant
- Include required safety information in safety certificate applicationApplicant
Other duties (1) — Crown / regulator
- ORR must use prescribed form for Part A safety certificatesStatutory regulator
- Use correct application forms for ECM and maintenance certificatesContractor
- Document your certification body's organisational structureConformity Assessment Body
- Ensure independence of certification decisions and staffConformity Assessment Body
- Ensure certification body and staff have required professional competenceConformity Assessment Body
- Base certification decisions on objective evidence onlyConformity Assessment Body
- Assess sufficient objective evidence before making a certification decisionConformity Assessment Body
- Certification body must publish audit and certification informationConformity Assessment Body
- Keep client commercial information confidentialConformity Assessment Body
- Certification bodies must establish a complaint-handling procedureConformity Assessment Body
- Certification body must have insurance or reserves to cover liability risksConformity Assessment Body
- Establish and implement a maintenance system with defined proceduresAny Person
- Continuously improve rail safety management systemResponsible Person
- Have a procedure to identify and manage safety-critical maintenanceAny Person
- Keep procedures guaranteeing vehicle interoperability and safety complianceAny Person
- Have procedures for maintenance facilities, equipment and toolsAny Person
- Create procedures for first maintenance file before new freight wagons operateAny Person
- Maintain procedures to update freight wagon maintenance fileAny Person
- Include key safety activities in competence management for maintenance developmentAny Person
- Ensure traceability of maintenance development documentationAny Person
- Have procedure to check maintenance entity competence before orderingAny Person
- Have a procedure for work package composition and maintenance order releaseAny Person
- Have a procedure for timely freight wagon maintenanceAny Person
- Establish and manage a maintenance system for freight wagonsAny Person
- Have a procedure to manage removal of freight wagons for maintenance or defectsAny Person
- Have a procedure defining freight wagon maintenance and release-to-service controlsAny Person
- You must have a return-to-operation notice procedureAny Person
- Include return to operation in your fleet maintenance competence processAny Person
- Provide maintenance delivery staff with complete safety informationAny Person
- Communicate fleet-maintenance return-to-service and use restrictions to usersAny Person
- Record maintenance orders and return-to-operation detailsAny Person
- Set up procedures for checking and controlling fleet maintenance informationAny Person
- Maintain procedures for correct use, storage and compliance of components and materialsAny Person
- Provide suitable maintenance equipment and tools safelyContractor
- Ensure each freight wagon has a certified maintenance entity before departureOperator
- Calibrate and protect measuring equipment to ensure valid resultsAny Person
- Have documented procedures to use, calibrate and maintain facilities and equipmentAny Person
- Have procedures to verify maintenance and issue release noticesAny Person
- Include safety-critical maintenance activities in competence managementAny Person
- Share maintenance delivery info with fleet management and development functionsAny Person
- Keep detailed records of all maintenance activities affecting safetyAny Person
- Certification bodies must comply with accreditation criteria and cooperate to harmonise assessmentsAny Person
- Apply and maintain ECM certification as entity in charge of maintenanceAny Person
- Ensure outsourced maintenance functions are certified or demonstrate complianceAny Person
Other duties (1) — Crown / regulator
- National safety authority must take decision and inform when ECM non-compliance suspectedStatutory regulator
Other duties (1) — Crown / regulator
- ORR must carry out annual safety assessment of national reference values and common safety targetsStatutory regulator
Other duties (1) — Crown / regulator
- ORR must classify and publish safety performance assessment outcomesStatutory regulator
80 other schedules
3 other provisions
Help complying
Guvnor’s practical routes through this instrument.
Set up a land transport business
For road hauliers, bus and coach operators, taxi and private hire firms, rail operators and pipeline operators. Put the employer duties in …
Set up a warehousing or transport support business
For new warehousing and transport-support businesses, from storage and cold stores to freight forwarding, customs clearance and cargo handling at ports, airports …
3 more guides that reference this instrument
Connected legislation
The wider family of instruments made under the same parent Act.
Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.