Compulsory blood testing following a prescribed notifiable occurrence
29 Compulsory blood testing following a prescribed notifiable occurrence
If a rail safety worker suffers an injury as a result of a prescribed notifiable occurrence and, within 4 hours after the occurrence, the worker attends at, or is admitted to, a hospital or health centre to receive treatment for the injury, the person in charge of the hospital or health centre must ensure that a sample of the worker's blood is taken as soon as practicable (even though the worker might be unconscious).
If a rail safety worker suffers an injury as a result of a prescribed notifiable occurrence and the worker is dead on arrival at the hospital or health centre, or dies before a sample of blood has been taken, the medical practitioner who, under section 12 of the Coroners Act 1993, reports the death to a coroner must:
take a sample of blood from the body of the deceased or cause a sample to be taken; or
notify the coroner as soon as practicable that, in view of the circumstances in which the death occurred, a sample of blood should be taken from the body of the deceased.
The coroner, on receipt of notice under subsection (2)(b), may authorise and direct a pathologist to take a sample of blood from the body of the deceased.
A health practitioner is not obliged to take a sample of blood under this section if a sample of blood has previously been taken under this section by another health practitioner.
In this section:
health centre means a health centre within the meaning of the Medical Services Act 1982.
hospital means premises declared under section 6(2) of the Medical Services Act 1982 to be a hospital.
Division 5 Evidence
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