Rail Safety National Law (ACT) Act 2014

This section applies if, under section 28—

a sample of blood is taken from a rail safety worker for analysis; and

an analyst has collected the sealed container containing the sample from a one-way box.

The analyst must, as soon as practicable, arrange for the analysis of the sample of blood at an approved laboratory to work out, as far as practicable—

the concentration of alcohol in the blood; or

whether a prescribed drug is present in the blood.

If an authorised person has reasonable cause to suspect that the rail safety worker has a drug other than a prescribed drug or alcohol in the worker’s body, or that the worker’s behaviour may be affected by the presence of a drug other than a prescribed drug or alcohol in the worker’s body, the authorised person may ask the analyst to work out the following:

whether 1 or more drugs other than a prescribed drug or alcohol are present in the sample;

if a drug other than a prescribed drug or alcohol is present in the sample—the concentration, quantity or other measurement of the drug.

The analyst must, as far as practicable, comply with the authorised person’s request.

The analyst must take reasonable care to ensure that a part of the sample sufficient for analysis to be carried out for the rail safety worker (the preserved part) is protected and preserved until—

if a request is made under subsection (7)—the preserved part is sent to the laboratory nominated by the worker; or

in any other case—

1 year has passed since the sample was taken from the worker; or

if a request is made by the DPP under section 32 (Keeping of samples—request by DPP)—the proceeding to which the sample relates has finally been decided (including any appeals).

However, subsection (5) does not apply if the amount of the sample remaining after analysis under subsection (2) is insufficient for further analysis.

Before the end of the period mentioned in subsection (5) (b), the rail safety worker may ask that the preserved part of the sample be sent, at the worker’s expense, to a laboratory nominated by the person.

If a request is made under subsection (7), the analyst must ensure that the preserved part of the sample is sent to the nominated laboratory as soon as practicable.