Conduct of drug screening test
17 Conduct of drug screening test
This section applies if an authorised person requires a rail safety worker to submit to a drug screening test under the Rail Safety National Law (ACT), section 127 (Authorised person may require drug screening test, oral fluid analysis, urine test and blood test).
A drug screening test may only be carried out by—
a police officer; or
for an authorised person other than a police officer—an authorised person authorised to do so by the Regulator.
The rail safety worker must stay at the place where the drug screening test is being carried out for the time (not exceeding 30 minutes from the time the worker starts the test) reasonably necessary for the test to be completed in accordance with the authorised person’s directions.
Example—time reasonably necessary a drug screening device is not immediately available and the authorised person directs the worker to stay at the place while a device is made available
A rail safety worker is taken to have committed an offence against the Rail Safety National Law (ACT), s 127 if the worker fails to comply with the direction of an authorised person under this section—see s 36 (Failure to stay for drug screening test).
An authorised person must not require a rail safety worker to submit to a drug screening test—
if the worker was involved in a prescribed notifiable occurrence and—
the worker was taken to hospital—if more than 8 hours has passed since the worker’s arrival at the hospital; or
the worker was not taken to hospital—if more than 8 hours has passed since the prescribed notifiable occurrence happened; or
if the worker was not involved in a prescribed notifiable occurrence—if more than 8 hours has passed since the worker stopped carrying out rail safety work.
This Act’s bill:Explanatory statementSecond reading speech
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