Drug and alcohol testing
12 Drug and alcohol testing
Matters relating to drug and alcohol testing of transport safety employees engaged in bus services or ferry services, including the following matters—
the authorisation of persons (including authorised officers)—
to administer breath tests, breath analyses or other tests for the purpose of detecting the presence of alcohol or drugs, and
to operate equipment for that purpose,
the circumstances when tests for detecting the presence of alcohol or drugs may be conducted, including (but not limited to) random testing and testing of employees when about to carry out, or while on duty for the purpose of carrying out, transport safety work,
the conduct of testing, which may include the taking of blood or urine samples or other body tissues or fluids,
the taking of samples of blood or urine or other body tissues or fluids,
the devices used in carrying out breath tests, breath analyses and other tests, including the calibration, inspection and testing of those devices,
the accreditation of persons conducting analyses for the presence of drugs,
the procedure for the handling and analysis of samples of blood or urine or other body tissues or fluids,
offences relating to the carrying out of transport safety work while under the influence of alcohol or any other drug,
offences relating to the carrying out of transport safety work while the prescribed concentration of alcohol is present in the employee’s breath or blood,
offences relating to the carrying out of transport safety work while a drug (other than alcohol), or a prescribed concentration or amount of any such drug, is present in the employee’s blood or urine or other body tissues or fluids,
offences relating to refusal or failure to undergo tests or otherwise comply with test procedures or interference with test results,
offences relating to refusal or failure to administer tests or take samples or to do so in accordance with required procedures,
evidence in proceedings as to matters relating to drug and alcohol testing,
without limiting paragraph (m), the use of certificates as to concentration of alcohol or presence of drugs as evidence of the matters stated in the certificate in proceedings for offences,
confidentiality of test results,
protection against liability for persons administering tests or taking samples of blood or urine or other body tissues or fluids,
disciplinary action that may be taken consequent on a breach of regulations made under this clause.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.