New South Wales Consolidated Regulations

RAIL SAFETY (DRUG AND ALCOHOL TESTING) REGULATION 2008

- Made under the Rail Safety Act 2008
- As at 1 January 2009
- Reg 609 of 2008

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions
   4.      Authorisation of testing officers

   PART 2 - DRUG AND ALCOHOL MANAGEMENT PROGRAMS

   5.      Matters to be included in drug and alcohol management programs
   6.      Risk management principles to be applied
   7.      Obligations of rail transport operators relating to use of alcohol or other drugs
   8.      Drug and alcohol policy
   9.      Matters relating to rail safety workers
   10.     Testing procedures
   11.     Testing officers

   PART 3 - OFFENCES RELATING TO ALCOHOL OR OTHER DRUGS

   12.     Offence-carrying out rail safety work with prescribed concentration of alcohol in breath or blood
   13.     Offence-carrying out rail safety work while under influence of alcohol or other drug
   14.     Double jeopardy

   PART 4 - TESTING FOR ALCOHOL OR OTHER DRUGS

   15.     Random and targeted testing of rail safety workers
   16.     Testing of rail safety workers in specified situations
   17.     Assessment of sobriety if breath testing device not available
   18.     Breath analysis of rail safety workers following breath testing
   19.     Blood or urine samples taken at hospitals from rail safety workers involved in accidents in carrying out rail safety work
   20.     Additional circumstances when blood or urine samples may be taken
   21.     Taking of blood or urine samples
   22.     Restrictions on requiring breath test, assessment, breath analysis or sample
   23.     Action to be taken with respect to blood samples
   24.     Action to be taken with respect to urine samples
   25.     Analysis of samples
   26.     Medical practitioners, nurses and testing officers-protection from liability

   PART 5 - OFFENCES RELATING TO TESTING FOR ALCOHOL OR OTHER DRUGS

   27.     Refusal to be tested
   28.     Failure to conduct test
   29.     Interfering with results of test
   30.     Taking of samples
   31.     Interfering or tampering with, or destroying, samples

   PART 6 - CERTIFICATE EVIDENCE IN PROCEEDINGS

   32.     Certificate evidence of concentration of alcohol in breath or blood determined by breath analysis
   33.     Certificate evidence of concentration of alcohol in blood determined by analysis of blood sample
   34.     Certificate evidence of presence of drugs
   35.     Certificate evidence of authorisation of testing officer

   PART 7 - MISCELLANEOUS

   36.     Notification of drug and alcohol testing
   37.     Savings and transitional provisions