Rail Safety (National Uniform Legislation) Regulations 2013

These Regulations may be cited as the Rail Safety (National Uniform Legislation) Regulations 2013.

In these Regulations:

worker means a rail safety worker.

A device for carrying out breath analysis that is of a type known as a Dräger Alcotest 7110 is prescribed for the definition of breath analysis instrument in section 10(1) of the Act.

In this regulation:

Dräger Alcotest 7110 includes any device with the trade name "Dräger Alcotest", "Drager Alcotest" or "Draeger Alcotest" and associated with the number "7110".

For section 10(4) of the Act, the numerical value of a breath analysis instrument result expressed as BrAC in grams of alcohol per 210 L of exhaled breath corresponds to the same numerical value of a result expressed as BAC in grams per 100 ml of blood, as shown by the examples in the following table:

Table

Note for table

The results indicated in Column 1 are identical to the results indicated opposite in Column 2. The only difference is the unit of measurement by which the result is expressed.

Before an authorised person uses a breath analysis instrument for Part 4, Division 2 of the Act, the authorised person must prepare the instrument for the analysis by ensuring that:

the instrument is turned on; and

the words "READY TO START" appear on the display panel of the instrument.

An authorised person using a breath analysis instrument must provide an unused mouthpiece for use by the worker in providing each sample of breath in the breath analysis.

The authorised person must not carry out a breath analysis in relation to a worker if the authorised person suspects, on reasonable grounds, that the worker has consumed alcohol within the period of 15 minutes immediately before the proposed time for carrying out the breath analysis.

If, under Part 4 of the Act, an authorised person requires a worker to provide a sample of his or her blood, or a worker requests a sample of his or her blood be taken, the authorised person must make arrangements for the worker to be taken to a hospital or health centre for a health practitioner to take a sample of the worker's blood.

The authorised person must be present when the health practitioner takes the sample from the worker.

In this regulation:

health centre means a health centre within the meaning of the Medical Services Act 1982.

hospital means a hospital declared under section 6(2) of the Medical Services Act 1982.

A health practitioner who, under Part 4 of the Act, takes a sample of blood from a worker must do the following:

divide the sample into 3 approximately equal portions;

place each portion into a separate container;

seal each of the containers;

mark each of the containers with the sample's identification number.

On complying with subregulation (1), the health practitioner must sign a certificate specifying the following:

the identification number marked on the containers;

the name and address of the worker from whom the sample was taken (to the extent known);

the name of the health practitioner, and whether he or she is a medical practitioner, a registered nurse or a qualified person;

the date and time when, and place where, the sample was taken.

The health practitioner must then:

make 2 of the containers and the signed certificate available to the authorised person mentioned in regulation 6 or another authorised person; and

for the other container:

if the worker requests - give it to the worker; or

otherwise - retain it on the worker's behalf.

On the completion of an analysis under Part 4 of the Act, the person who performed or supervised the analysis must sign a certificate specifying the following information:

the identification number marked on the container of the sample;

the name of the person, whether he or she is an analyst or a person employed by an analyst and whether he or she performed the analysis or supervised the person who performed the analysis;

the date the sample was received in the laboratory where the analysis was performed;

if the presence of alcohol is detected in the sample - the concentration of alcohol;

if the presence of a drug is detected in the sample - the type of drug;

any factors relating to the sample or analysis that might, in the opinion of the person signing the certificate, adversely affect the accuracy or validity of the analysis;

any other information relating to the sample or analysis the person considers appropriate.

The signed certificate must be given to, or retained on behalf of, the Regulator.

A copy of the signed certificate must be made available to the health practitioner who took the sample and the worker.

The Regulator may provide a copy of the signed certificate to a rail transport operator who employs a worker if the certificate indicates the prescribed BAC or a prohibited drug was present in the worker's sample of blood.