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Colour-blind Man Rejected From Train Driver School Loses Discrimination Case

Colour-blind man rejected from train driver school loses discrimination case

A colour-blind man rejected from joining Queensland Rail’s train driver school has lost his discrimination case.

The Industrial Relations Commission found the man failed to meet the mandatory requirements of the job.

Specifically, the ability to recognise coloured signals.

Colour-blind man joined QR in 1998

Luke Brough started working for Queensland Rail as an apprentice carpenter in 1998.

He became a train guard and driver’s assistant in 2003, as a result of passing a practical colour vision test.

However, a decade later he failed two mandatory vision tests required by drivers.

The National Standard for Health Assessment of Rail Safety Workers requires drivers to differentiate between red and green signals.

As a result, the Commission rejected Brough’s application.

Impairment discrimination claim

However, Brough filed a claim for impairment discrimination in the Queensland Industrial Relations Commission.

He argued the vision requirements for a train driver are the same as a guard.

QR train operations inspector Troy Prebble appeared as a witness and confirmed this.

In response, QR maintained drivers must be capable of identifying signals 800 metres away at speeds of 140 kilometres an hour, but in contrast, a guard is required to recognise coloured signals at distances of 200 metres.

Finally, the Commission dismissed Brough’s complaint, ruling he did not meet the mandatory requirements of the job. 

Inherent requirement of the job

Miles Heffernan from Discrimination Claims said there are exemptions to discrimination laws.

For example, if your impairment prevents you from carrying out the inherent requirements of a job.

“An employer cannot discriminate against a worker on the basis of impairment, unless the impairment prevents a person from performing an inherent requirement of a job.

“Further, the law says employers must make reasonable adjustments to accommodate someone with an impairment.

“It is critical for a train driver to know the difference between a red and green signal – it’s a safety issue, and safety must come first.”


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