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Table of Contents
1. SHORT TITLE 1. For ease of reference, these rules may be referred to as the "Railway Medical Rules". 2. SCOPE 2.1 These rules, which have been developed pursuant to Section 20 (1) (a) of the Railway Safety Act, define the Medical Fitness for Duty requirements for Safety Critical Positions within railway companies subject to the jurisdiction of the Department. 2.2 In the case of international train movements, a railway company may allow persons to perform limited service in Safety Critical Positions while using medical requirements stipulated by U.S. Federal Railroad Administration regulations. 3. DEFINITIONS 3.1 "Chief Medical Officer" means a physician licensed to practice medicine in Canada and who is employed or contracted by a railway company for the purpose of, among other things, directing and managing the area of Medical Fitness for Duty requirements and guidelines. 3.2 "Department" means the Department of Transport, Rail Safety Group. 3.3 "Medical Fitness for Duty" means that a determination was made by the Chief Medical Officer, subject to any restrictions or requirements imposed under Section 6 hereof, that a person has taken the medical assessments required by these rules, and that the person meets all of the Medical Fitness for Duty requirements provided herein. 3.4 "Safety Critical Position" has the same meaning as provided in the Railway Rules Governing Safety Critical Positions. 3.5 "person" means a person in a Safety Critical Position. 4. FREQUENCY OF MEDICAL ASSESSMENTS 4.1 Subject to sub-section 4.2, a person shall undergo a company organized Medical Fitness for Duty assessment:
4.2 Without varying the requirement of sub-section 4.1(c), no assessment shall be required under sub-section 4.1(b) if the person had previously occupied a Safety Critical Position which, in the opinion of the Chief Medical Officer, had similar mental and physical demands as the Safety Critical Position into which the person is entering. 4.3 The Chief Medical Officer may require additional assessments to those set out in Section 4.1 if:
5. ASSESSMENT FOR MEDICAL FITNESS FOR DUTY 5.1 The Medical Fitness for Duty for a person shall be assessed on an individual basis, taking into consideration medical conditions, both past and current, that could result in:
5.2 The medical conditions referred to in Section 5.1 shall include:
5.3 In addition to the medical conditions referred to in Section 5.2, the individual assessment of a person's Medical Fitness for Duty shall also take into consideration:
5.4 Notwithstanding sub-sections 5.1 and 5.2, the Chief Medical Officer may determine that any additional assessments required under sub-section 4.3 may be limited to assessments of particular medical conditions. 6. MEDICAL RESTRICTIONS 6.1 If the Chief Medical Officer, in making an individual assessment of a person's Medical Fitness for Duty, is of the opinion that there exists a threat to safe railway operations, the Chief Medical Officer may:
6.2 Upon completion of a Medical Fitness for Duty assessment, the Chief Medical Officer shall advise each person, and the person's supervisor of that person's Medical Fitness for Duty and of any restrictions or requirements imposed pursuant to sub-section 6.1. 7. RECORDS TO BE KEPT BY CHIEF MEDICAL OFFICER 7.1 The Chief Medical Officer of the railway company shall maintain records of all persons' medical assessments required hereunder and any restrictions required pursuant to sub-section 6.1. 7.2 The Chief Medical Officer shall maintain copies of all medical policies and guidelines used by a railway company for the examination or assessment of persons employed in Safety Critical Positions. 7.3 The Chief Medical Officer shall make records, policies, and guidelines related to these
rules available to the Department upon reasonable request. |
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