Blood sample after preliminary breath test or breath analysis requirement
26 Blood sample after preliminary breath test or breath analysis requirement
If a rail safety worker who is required by an authorised person to submit to a preliminary breath test or breath analysis under section 12, or a further breath analysis under section 16(1), refuses or fails to provide a sufficient sample of breath, the authorised person may require the worker to provide a sample of the worker's blood.
However, the authorised person cannot require a rail safety worker to provide a sample of his or her blood under subsection (1) if the worker is not obliged to submit to a preliminary breath test or breath analysis as mentioned in section 13.
An authorised person may also require a rail safety worker to provide a sample of his or her blood if, as a result of a preliminary breath test under section 12, the authorised person has formed the opinion the worker might have the prescribed BAC and it is not possible to conduct a breath analysis.
Examples for subsection (3)
1 There is no authorised person available to operate a breath analysis instrument.
2 Breath analysis is attempted but the instrument malfunctions.
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