Contents (2008 - 609)
Rail Safety (Drug and Alcohol Testing) Regulation 2008
Status information

Part 1 Preliminary

1 Name of Regulation
2 Commencement
3 Definitions
4 Authorisation of testing officers

Part 2 Drug and alcohol management programs

5 Matters to be included in drug and alcohol management programs
6 Risk management principles to be applied
7 Obligations of rail transport operators relating to use of alcohol or other drugs
8 Drug and alcohol policy
9 Matters relating to rail safety workers
10 Testing procedures
11 Testing officers

Part 3 Offences relating to alcohol or other drugs

12 Offence—carrying out rail safety work with prescribed concentration of alcohol in breath or blood
13 Offence—carrying out rail safety work while under influence of alcohol or other drug
14 Double jeopardy

Part 4 Testing for alcohol or other drugs

15 Random and targeted testing of rail safety workers
16 Testing of rail safety workers in specified situations
17 Assessment of sobriety if breath testing device not available
18 Breath analysis of rail safety workers following breath testing
19 Blood or urine samples taken at hospitals from rail safety workers involved in accidents in carrying out rail safety work
20 Additional circumstances when blood or urine samples may be taken
21 Taking of blood or urine samples
22 Restrictions on requiring breath test, assessment, breath analysis or sample
23 Action to be taken with respect to blood samples
24 Action to be taken with respect to urine samples
25 Analysis of samples
26 Medical practitioners, nurses and testing officers—protection from liability

Part 5 Offences relating to testing for alcohol or other drugs

27 Refusal to be tested
28 Failure to conduct test
29 Interfering with results of test
30 Taking of samples
31 Interfering or tampering with, or destroying, samples

Part 6 Certificate evidence in proceedings

32 Certificate evidence of concentration of alcohol in breath or blood determined by breath analysis
33 Certificate evidence of concentration of alcohol in blood determined by analysis of blood sample
34 Certificate evidence of presence of drugs
35 Certificate evidence of authorisation of testing officer

Part 7 Miscellaneous

36 Notification of drug and alcohol testing
37 Savings and transitional provisions

Historical notes