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

Blood tests

    (1)     This section applies if a rail safety worker

        (a)     is required by a transport safety officer or police officer to submit to a blood test under section 86A(1); or

        (b)     submits to an assessment of drug impairment when required under section 86B to do so and the assessment, in the opinion of the transport safety officer or police officer carrying it out, indicates that the rail safety worker may be impaired by a drug or drugs.

    (2)     A 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 to take from the worker a sample of that worker's 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 transport safety officer or police officer must not require a rail safety worker to allow a sample of the worker's blood to be taken for analysis under subsection (2) if that worker has already had a sample of blood taken under section 86E after carrying out rail safety work.

    (5)     A person 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 person 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 person under this section.

    (7)     If the person on whom an assessment of drug impairment was carried out is subsequently charged with an offence under section 77(1)(b), a copy of a written report on that assessment prepared by the transport safety officer or police officer who carried it out and containing the prescribed particulars must be served with the summons or, if a summons is not issued, within 7 days after the filing of the charge-sheet charging the offence.

S. 86E inserted by No. 23/2013 s. 89.



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