Victorian Numbered Acts

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BUS SAFETY ACT 2009 (NO. 13 OF 2009) - SECT 57

Form and content of alcohol and drug management policy

    (1)     An alcohol and drug management policy must—

        (a)     be in writing; and

        (b)     specify that a driver of a bus must not have alcohol or drugs present in his or her blood or breath immediately before, or while, driving a bus; and

        (c)     comply with any guidelines regarding the form and content of alcohol and drug management policies issued by the Safety Director.

    (2)     If an alcohol and drug management policy provides for testing of the presence of alcohol or drugs in the blood or breath of a bus safety worker employed or contracted by the accredited bus operator or registered bus operator, the policy must—

        (a)     specify circumstances in which a bus safety worker may be tested for the presence of alcohol or drugs in his or her blood or breath;

        (b)     specify the testing procedures for detecting alcohol or drugs in a person's blood or breath;

        (c)     specify the persons who may conduct the tests;

        (d)     specify how and where the tests are to be stored, handled or destroyed;

        (e)     specify that a test for the presence of alcohol or drugs may     not be conducted more frequently than—

              (i)     an hour before the bus safety worker is to carry out bus safety work or while the bus safety worker is carrying out bus safety work; or

              (ii)     if there is reasonable cause to test the bus safety worker at another time including—

    (A)     that the bus safety worker has been involved in an accident or incident;

    (B)     that there is reason to believe the bus safety worker is impaired by alcohol or drugs;

    (C)     that in the interests of safety, the bus safety worker ought to be tested;

        (f)     recognise the purpose of testing for presence of alcohol or drugs;

        (g)     specify measures to ensure that the results of any tests conducted pursuant to the policy are treated confidentially.

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