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reg 40

Avoidance

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40 Avoidance

(1)

If a prison officer or contract prison officer is subject to a requirement under these regulations to —

(a)

undertake a test for alcohol consumption; or

(b)

undertake a drug test; or

(c)

provide a sample of breath, blood, urine or oral fluid,

then, unless prevented by urgent medical circumstances, that prison officer or contract prison officer must comply with the requirement prior to ceasing duty.

(2)

If a prison officer or contract prison officer is subject to a requirement under these regulations to provide a sample of breath for analysis by breath analysing equipment, that prison officer or contract prison officer must not provide 2 or more invalid samples unless there is a written medical explanation for the invalidity of those samples.

(3)

If a prison officer or contract prison officer is subject to a requirement under these regulations to provide a sample of blood, urine or oral fluid, that prison officer or contract prison officer must not provide 2 or more invalid samples unless there is a written medical explanation for the invalidity of those samples.

(4)

A prison officer or contract prison officer must not unnecessarily delay a testing or sampling process that is required to be undertaken under these regulations following a critical incident.

(5)

A prison officer or contract prison officer must not give an explanation under regulation 24 that they know to be false or misleading in a material particular.

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