r. 38 order to achieve a required competence, only carries out that work if the person is under the supervision of another person who is competent to carry out that particular rail safety work. 39 Assessment of rail safety worker competence Reg. 39(1) (1) A rail transport operator must assess, or cause to substituted by be assessed, the competence of each rail safety S.R. No. 9/2008 reg. 9, worker who is employed or engaged by the rail amended by transport operator— S.R. No. 59/2009 (a) in accordance with— reg. 8(1), substituted by (i) the provisions of the AQTF and any S.R. No. 30/2014 qualifications and units of competence reg. 40(1). recognised under the AQF applicable to that rail safety worker; or (ii) if subparagraph (i) does not apply, in accordance with any qualification or competence recognised by the rail industry and approved by the Safety Director; and (b) by reference to the actual knowledge, experience and skills required for the particular rail safety work to be carried out safely. (2) The Safety Director must publish a notice in the Reg. 39(2) substituted by Government Gazette of any competence approved S.R. No. 30/2014 under subregulation (1)(a)(ii). reg. 40(1). Reg. 39(3) (3) If a rail transport operator determines that a rail substituted by safety worker does not have the required S.R. No. 59/2009 competence to carry out rail safety work of a reg. 8(2), particular class, the rail transport operator may amended by require that— S.R. No. 30/2014 reg. 40(2).
order to achieve a required competence, only carries out that work if the person is under the supervision of another person who is competent to carry out that particular rail safety work. 39 Assessment of rail safety worker competence r. 38 Reg. 39(1) substituted by S.R. No. 9/2008 reg. 9, amended by S.R. No. 59/2009 reg. 8(1), substituted by S.R. No. 30/2014 reg. 40(1). (1) A rail transport operator must assess, or cause to be assessed, the competence of each rail safety worker who is employed or engaged by the rail transport operator— (a) in accordance with— (i) the provisions of the AQTF and any qualifications and units of competence recognised under the AQF applicable to that rail safety worker; or (ii) if subparagraph (i) does not apply, in accordance with any qualification or competence recognised by the rail industry and approved by the Safety Director; and (b) by reference to the actual knowledge, experience and skills required for the particular rail safety work to be carried out safely. Reg. 39(2) substituted by S.R. No. 30/2014 reg. 40(1). (2) The Safety Director must publish a notice in the Government Gazette of any competence approved under subregulation (1)(a)(ii). Reg. 39(3) substituted by S.R. No. 59/2009 reg. 8(2), amended by S.R. No. 30/2014 reg. 40(2). (3) If a rail transport operator determines that a rail safety worker does not have the required competence to carry out rail safety work of a particular class, the rail transport operator may require that—