(a) prepare and implement a drug and alcohol program
for its transport safety employees that complies with guidelines approved by
TfNSW for the purposes of this section and published in the Gazette, and
(b)
ensure that all transport safety employees employed, or contracted, by the
operator to perform transport safety work are not under the influence of
alcohol or any other drug when about to carry out, or while on duty for the
purposes of carrying out (whether or not carrying out), transport safety work,
and
(c) report to TfNSW, if requested in writing by TfNSW to do so, as to the
implementation of the operator's drug and alcohol program.
: Maximum
penalty--500 penalty units.
(3) The drug and alcohol program is to include
any matters required to be included by the guidelines approved by TfNSW for
the purposes of this section.
(4) Without limiting subsection (2) (a), the
guidelines are to include provisions for or with respect to the following--
(5) TfNSW may at any time arrange with an
operator for the random testing of any person on duty for the purposes of
carrying out transport safety work with respect to services operated by the
operators for the presence of alcohol or any other drug to ensure that the
operator is complying with this section.
(a) has left home or a temporary
residence for work (being transport safety work), and
(b) has not commenced
work after having so left home or the temporary residence.
Note : Schedule 5
(which is given effect to by section 9C) applies to the testing of employees
and contractors of operators.
Editorial note : For guidelines under this
section, see Gazette No 58 of 19.3.2004, p 1478. From April 2021, PCO is no
longer updating notes in provisions of in force titles about related gazette
notices. To search for related gazette notices, please use the Gazette Search
functionality.
