Adverse testing outcome: alcohol
34 Adverse testing outcome: alcohol
A selected prison officer returns a positive result to an alcohol test if that prison officer’s or contract prison officer’s preliminary test returns a presumptive positive test result for alcohol and that prison officer or contract prison officer subsequently returns a confirmed adverse test result for alcohol.
A selected prison officer is taken to return a presumptive positive test result for alcohol if the selected prison officer gives 2 or more invalid samples for a preliminary test without a written medical explanation for the invalidity of the samples.
If a selected prison officer is taken to return a presumptive positive test result for alcohol under subregulation (2), an approved person may request that the prison officer or contract prison officer provide a further sample of breath or the approved person may request a medical practitioner, nurse, nurse practitioner or phlebotomist to take a sample of blood or urine, or both, from that prison officer or contract prison officer.
A request for blood or urine under subregulation (3) must be a written request made by the approved person completing Schedule 1 Form 1 and handing that completed form to the relevant medical practitioner, nurse, nurse practitioner or phlebotomist.
If a selected prison officer is required to provide a further sample of breath for analysis by breath analysing equipment under subregulation (3), a positive result to that analysis is a confirmed adverse test result for alcohol for the purposes of these regulations.
A confirmed adverse test result for alcohol is to be recorded by the approved person by completing a form in accordance with regulation 18.
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