(1) This section applies if a transport safety officer or police officer requires a rail safety worker to provide a sample of oral fluid under section 86CB for analysis and in the opinion of the officer—
(a) the worker is unable to furnish the required sample of oral fluid on medical grounds or because of some physical disability; or
(b) the prescribed device is incapable of testing for the presence in the sample of a prescribed drug for any reason whatsoever.
(2) The transport safety officer or police officer may require the rail safety worker to allow a registered medical practitioner or an approved health professional nominated by the officer who required the sample to take from the worker a sample of blood for analysis.
(3) For the purpose of subsection (2), a transport safety officer or police officer may require the rail safety worker—
(a) to accompany any transport safety officer or police officer to a place where the sample of the worker's blood is to be taken; and
(b) to remain there until the earlier of the following—
(i) the sample is taken;
(ii) 3 hours after the worker last carried out or attempted to carry out rail safety work or was involved in a prescribed notifiable occurrence.
(4) A rail safety worker who allows the taking of a sample of the rail safety worker's blood in accordance with section 86CB must not be convicted or found guilty of refusing to provide a sample of oral fluid in accordance with this section.
(5) A rail safety worker must not hinder or obstruct a registered medical practitioner or an approved health professional attempting to take a sample of the blood of any other rail safety worker in accordance with this section.
Penalty: $10 000.
(6) No action lies against a registered medical practitioner or an approved health professional in respect of anything properly and necessarily done by the practitioner or approved health professional in the course of taking any sample of blood that the practitioner or approved health professional believed on reasonable grounds was required to be taken from any rail safety worker under this section.
S. 86CG inserted by No. 68/2017 s. 99.