Railway Safety Act

Marginal note:Medical examination

• 35 (1) A person who holds a position that is declared by regulations made under paragraph 18(1)(b) or by any rule in force under section 19 or 20 to be a position critical to safe railway operations, referred to in this section as a “designated position”, shall undergo a medical examination organized by the railway company concerned, including audio-metric and optometric examination, at intervals determined by the regulations made under subparagraph 18(1)(c)(iii) or by any rule in force under section 19 or 20.

• Marginal note:Physician or optometrist to disclose potentially hazardous conditions

  (2) If a physician or an optometrist believes, on reasonable grounds, that a patient is a person described in subsection (1), the physician or optometrist shall, if in their opinion the patient has a condition that is likely to pose a threat to safe railway operations,

  • (a) by notice sent without delay to a physician or optometrist specified by the railway company, inform the specified physician or optometrist of that opinion and the reasons for it, after the physician or optometrist has taken reasonable steps to first inform the patient, and

  • (b) without delay send a copy of that notice to the patient,

  and the patient is deemed to have consented to the disclosure required by paragraph (a).

• Marginal note:Holder of designated position to inform physician or optometrist

  (3) A person who holds a designated position in a railway company shall, prior to any examination by a physician or optometrist, advise the physician or optometrist that the person is the holder of such a position.

• Marginal note:Railway company may act in interests of safe railway operations

  (4) A railway company may make such use of any information provided pursuant to subsection (2) as it considers necessary in the interests of safe railway operations.

• Marginal note:Proceedings not to lie against physician or optometrist

  (5) No legal, disciplinary or other proceedings lie against a physician or optometrist for anything done by that physician or optometrist in good faith in compliance with this section.

• Marginal note:Information privileged

  (6) Information provided pursuant to subsection (2) is privileged and

  • (a) no person shall be required to disclose it or give evidence relating to it in any legal, disciplinary or other proceedings; and

  • (b) it is not admissible in any such proceedings, except

    • (i) as provided by subsection (4), or

    • (ii) where the patient consents.