You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Warning: This page is an archive.
General administrative information and links are not current and should not be used.
Contents (2008 - 97)
Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 23 November 2017 at 16:17)
Schedule 1
Schedule 1 Rail safety workers—alcohol or other drugs
(Section 19 (5))
1   Application of Schedule
This Schedule applies to the testing of rail safety workers for the presence of alcohol or drugs.
2   Regulations relating to alcohol and drug testing
(1)  The regulations may make provision for or with respect to the following:
(a)  the authorisation of persons (including rail safety officers):
(i)  to administer breath tests, breath analyses or other tests for the purpose of detecting the presence of alcohol or drugs, and
(ii)  to operate equipment for that purpose,
(b)  the circumstances when tests for detecting the presence of alcohol or drugs may be conducted, including (but not limited to) random testing and testing of rail safety workers when about to carry out, or while on duty for the purpose of carrying out, rail safety work,
(c)  the conduct of testing, which may include the taking of blood or urine samples or other body tissues or fluids,
(d)  the taking of samples of blood or urine or other body fluids or tissues,
(e)  the devices used in carrying out breath tests, breath analyses and other tests, including the calibration, inspection and testing of those devices,
(f)  the accreditation of persons conducting analyses for the presence of drugs,
(g)  the procedure for the handling and analysis of samples of blood or urine or other body tissues or fluids,
(h)  offences relating to the carrying out of rail safety work while under the influence of alcohol or any other drug,
(i)  offences relating to the carrying out of rail safety work while the prescribed concentration of alcohol is present in the rail safety worker’s breath or blood,
(j)  offences relating to the carrying out of rail safety work while a drug (other than alcohol), or a prescribed concentration or amount of any such drug, is present in the rail safety worker’s blood or urine or other body tissues or fluids,
(k)  offences relating to refusal or failure to undergo tests or otherwise comply with test procedures or interference with test results,
(l)  offences relating to refusal or failure to administer tests or take samples or to do so in accordance with required procedures,
(m)  evidence in proceedings as to matters relating to drug and alcohol testing,
(n)  without limiting paragraph (m), the use of certificates as to concentration of alcohol or presence of drugs as evidence of the matters stated in the certificate in proceedings for offences,
(o)  confidentiality of test results,
(p)  protection against liability for persons administering tests or taking samples of blood or urine or other body tissues or fluids,
(q)  disciplinary action that may be taken consequent on a breach of regulations made under this clause.
(2)  An offence under a regulation made under this clause relating to the carrying out of rail safety work by a rail safety worker while under the influence of alcohol or any other drug or while the prescribed concentration of alcohol or prescribed concentration or amount of another drug is present in the rail safety worker’s breath or blood or urine, a refusal or failure by a rail safety worker to undergo tests or otherwise comply with test procedures or an interference by a rail safety worker with test results, may, in addition to the penalty provided for by section 174 for offences under the regulations, be punishable by a period of imprisonment not exceeding 9 months.
(3)  Subject to the regulations, section 8B (Measurement of alcohol concentrations) of the Road Transport (Safety and Traffic Management) Act 1999 applies in relation to the measurement of the concentration of alcohol in a person’s breath or blood for the purposes of the regulations in the same way as it applies for the purposes of Part 2 of that Act.