New South Wales Consolidated Acts

RAIL SAFETY ACT 2008 - SECT 19

19 Drug and alcohol management program

(1) A rail transport operator must have a drug and alcohol management program for rail safety workers who carry out, or are about to carry out, rail safety work in connection with railway operations for which the operator is required to be accredited.

(2) The drug and alcohol management program is to include any matters required to be included by the regulations.

(3) Without limiting subsections (1) and (2), the regulations are to include requirements with respect to the following:

(a) protocols for fair procedures,

(b) education and assistance of rail safety workers.

(4) The ITSRR may at any time arrange with a rail transport operator for the random testing of any person on duty for the purpose of carrying out, or who is about to carry out, rail safety work for the presence of alcohol or any other drug to ensure that the operator is complying with this section.

(5) Schedule 1 has effect.

(6) For the purposes of this section, a rail safety worker is to be regarded as being about to carry out rail safety work if the worker:

(a) has left home or a temporary residence for work (being rail safety work), and

(b) has not commenced work after having so left home or the temporary residence.

Note: It is an offence to fail to comply with this section (see section 12 which requires this section to be complied with as part of the safety management system).