New South Wales Consolidated Acts

PASSENGER TRANSPORT ACT 1990 - SECT 9C

9C Accreditation conditions relating to drug and alcohol programs and testing

(1) Without limiting section 9B, it is a condition of an accreditation of an accredited service operator that carries on a public passenger service by means of a bus:

(a) that the operator prepare and implement a drug and alcohol program for its transport safety employees that complies with guidelines approved by the Director-General for the purposes of this section and published in the Gazette, and

(b) that the operator 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.

(2) The drug and alcohol program is to include any matters required to be included by the guidelines approved by the Director-General for the purposes of this section.

(3) Without limiting subsection (1) (a), the guidelines are to include provisions for or with respect to the following:

(a) protocols for fair procedures,

(b) education and assistance of transport safety employees.

(4) The Director-General may at any time arrange with accredited service operators for the random testing of any person on duty for the purposes of carrying out transport safety work for the presence of alcohol or any other drug to ensure that the accredited service operators are complying with the conditions imposed by this section.

(5) Nothing in this Act or the regulations derogates from the operation of Division 4 of Part 2 of the Road Transport (Safety and Traffic Management) Act 1999 or Part 3 of and Schedule 1 to the Marine Safety Act 1998 .

(6) Schedule 5 has effect.

(7) For the purposes of this section, a transport safety employee is to be regarded as being about to carry out transport safety work if the employee:

(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.