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RAIL SAFETY (LOCAL OPERATIONS) ACT 2006 - SECT 86CB

Oral fluid analysis

    (1)     This section applies if a rail safety worker is—

        (a)     required—

              (i)     to submit to an assessment of drug impairment under section 86B; or

              (ii)     to submit to a drug screening test under section 86A; and

        (b)     in the opinion of the transport safety officer or police officer who carries out that assessment or test—

              (i)     the assessment or test indicates that the worker's oral fluid contains a prescribed drug; or

              (ii)     the worker has refused or failed to carry out the assessment or test in the manner described in section 86C or 86CA(2) (as the case requires).

    (2)     A transport safety officer or police officer authorised for the purposes of this section may require the rail safety worker to provide a sample of oral fluid for testing by a prescribed device.

    (3)     If a transport safety officer or police officer authorised for the purposes of this section considers it necessary, the officer may require the rail safety worker to provide a sample of oral fluid for analysis by a properly qualified analyst.

    (4)     If the transport safety officer or police officer considers it necessary for the purposes of subsection (2) or (3), the officer may require the rail safety worker—

        (a)     to accompany any transport safety officer or police officer to a place or vehicle where a sample is to be provided; and

        (b)     to remain there until the earlier of the following—

              (i)     the worker has provided the sample and any further sample required to be provided under subsection (5) and the sample has been tested by a prescribed device;

              (ii)     3 hours after the worker last carried out or attempted to carry out the rail safety work or was involved in a prescribed notifiable occurrence.

    (5)     The transport safety officer or police officer who required a sample of oral fluid to be provided under subsection (2) may require the rail safety worker who provided it to provide one or more further samples if it appears to the officer that the prescribed device is incapable of testing for the presence of a prescribed drug in the sample or samples because—

        (a)     the amount of sample provided was insufficient; or

        (b)     of a power failure or malfunctioning of the device.

    (6)     If the transport safety officer or police officer requires a sample of oral fluid to be provided under subsection (3), the officer may require the rail safety worker who provided it to provide one or more further samples if it appears to the officer that the amount of sample provided was insufficient for the purposes of testing for the presence of a prescribed drug.

    (7)     Only the following persons may carry out the procedure for the provision of a sample of oral fluid under this section—

        (a)     a transport safety officer authorised in writing by the Safety Director or the National Rail Safety Regulator for the purposes of this section;

        (b)     a police officer authorised in writing by the Chief Commissioner of Police for the purposes of this section.

    (8)     The Safety Director, the National Rail Safety Regulator or the Chief Commissioner of Police may, as the case requires, authorise a transport safety officer or police officer for the purposes of this section if satisfied that the officer has the appropriate training to carry out the prescribed procedure for the provision of a sample.

    (9)     A device prescribed for the purposes of the collection of a sample of oral fluid may be comprised of a collection unit and a testing unit and one or more other parts.

S. 86CC inserted by No. 68/2017 s. 99.



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