{"id":"rail-safety-national-law-wa-alcohol-and-drug-testing-regulations-2024","name":"Rail Safety National Law (WA) (Alcohol and Drug Testing) Regulations 2024","slug":"rail-safety-national-law-wa-alcohol-and-drug-testing-regulations-2024","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181796,"registerId":"wa-rail-safety-national-law-wa-alcohol-and-drug-testing-regulations-2024-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Rail Safety National Law (WA) (Alcohol and Drug Testing) Regulations 2024","content":"![Crest]()Western Australia\n\nRail Safety National Law (WA)  \nRail Safety National Law Application Act 2024\n\nRail Safety National Law (WA) (Alcohol and Drug Testing) Regulations 2024\n\nWestern Australia\n\nRail Safety National Law (WA) (Alcohol and Drug Testing) Regulations 2024\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Qualified person 1\n\nPart 2 — Breath testing for alcohol\n\n5. Preliminary testing device 3\n\n6. Carrying out preliminary breath test 3\n\n7. Breath analysis instrument 3\n\n8. Carrying out breath analysis 3\n\nPart 3 — Oral fluid testing for drugs\n\n9. Drug screening devices 4\n\n10. Carrying out drug screening test 4\n\n11. Collection of oral fluid samples 4\n\n12. Collection of oral fluid for oral fluid analysis 5\n\nPart 4 — Urine test\n\n13. Term used: urine sampling equipment 6\n\n14. Taking of urine sample 6\n\n15. Preparation of urine sampling equipment 6\n\nPart 5 — Blood testing\n\n16. Term used: blood sampling equipment 7\n\n17. Taking of blood sample 7\n\n18. Preparation of blood sampling equipment 7\n\n19. Analytical method 8\n\nPart 6 — Certificates\n\n20. Certificates by sample takers 9\n\n21. Certificates by analysts 9\n\nNotes\n\nCompilation table 11\n\nDefined terms\n\n  \n\nRail Safety National Law (WA)  \nRail Safety National Law Application Act 2024\n\nRail Safety National Law (WA) (Alcohol and Drug Testing) Regulations 2024\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\n\t\tThese regulations are the *Rail Safety National Law (WA) (Alcohol and Drug Testing) Regulations 2024*.\n\n##### 2. Commencement\n\nThese regulations come into operation on 1 October 2024.\n\n##### 3. Terms used\n\nIn these regulations —\n\napproved means approved by the Minister;\n\nqualified person has the meaning given in regulation 4;\n\ntechnologist has the meaning given in the *Road Traffic Act 1974* section 70(7);\n\nworker means a rail safety worker.\n\n##### 4. Qualified person\n\n(1) In this regulation —\n\nauthorised drug tester has the meaning given in the *Road Traffic Act 1974* section 65;\n\nregistered training organisation has the meaning given in the *National Vocational Education and Training Regulator Act 2011* (Commonwealth) section 3.\n\n(2) For the purposes of paragraph (c) of the definition of ***sample taker*** in section 21(1) of the Act, a person is a qualified person if the person —\n\n(a) for the purposes of Part 3 — is an authorised drug tester; or\n\n(b) has been trained by a registered training organisation —\n\n(i) for the purposes of Part 4 — to take a sample of urine from a person; or\n\n(ii) for the purposes of Part 5 — to take a sample of blood from a person.\n\n## Part 2 — Breath testing for alcohol\n\n##### 5. Preliminary testing device\n\nFor the purposes of paragraph (b) of the definition of ***preliminary testing device*** in section 21(1) of the Act, the device known as the AlcoQuant 6020 is a preliminary testing device.\n\n##### 6. Carrying out preliminary breath test\n\nAn authorised person must take all reasonable steps to carry out a preliminary breath test in accordance with the instructions of the manufacturer of the device used to carry out the test.\n\n##### 7. Breath analysis instrument\n\nFor the purposes of paragraph (b)(ii) of the definition of ***breath analysis instrument*** in section 21(1) of the Act, the device known as the Dräger Alcotest 9510 is a breath analysis instrument.\n\n##### 8. Carrying out breath analysis\n\nAn authorised person must take all reasonable steps to carry out a breath analysis as follows —\n\n(a) for a breath analysis carried out using breath analysing equipment (as defined in the *Road Traffic Act 1974* section 65) — in accordance with the instructions set out in the *Road Traffic (Breath Analysis) Regulations 1975* Schedule 2;\n\n(b) for a breath analysis carried out using another type of breath analysis instrument — in accordance with the instructions of the manufacturer of the instrument used to carry out the analysis.\n\n## Part 3 — Oral fluid testing for drugs\n\n##### 9. Drug screening devices\n\nFor the purposes of paragraph (b) of the definition of ***drug screening device*** in section 21(1) of the Act, the following devices are drug screening devices —\n\n(a) the device known as the Medvet Oral7;\n\n(b) the device known as the Drugwipe II Twin THC/MET;\n\n(c) the device known as the Clonal Technologies Oral Fluid Drug Test 7;\n\n(d) the device known as the Oranoxis ToxWipe Oral 7+.\n\n[Regulation 9 amended: SL 2025/177 r. 4.]\n\n##### 10. Carrying out drug screening test\n\nAn authorised person must take all reasonable steps to carry out a drug screening test as follows —\n\n(a) for the Drugwipe II Twin THC/MET — in accordance with the instructions set out in the *Road Traffic (Drug Driving) Regulations 2007* regulation 5;\n\n(b) for another type of drug screening test — in accordance with the instructions of the manufacturer of the drug screening device used to carry out the test.\n\n##### 11. Collection of oral fluid samples\n\nFor the purposes of section 34(3)(c) of the Act, the following devices may be used for collecting oral fluid samples —\n\n(a) the device known as the Quantisal Oral Fluid Collection Device;\n\n(b) the device known as the Securetec Drugwipe II Twin Combo.\n\n##### 12. Collection of oral fluid for oral fluid analysis\n\nAn authorised person must take all reasonable steps to collect oral fluid for the purposes of an oral fluid analysis as follows —\n\n(a) for the collection of oral fluid using the Securetec Drugwipe II Twin Combo — in accordance with the instructions set out in the *Road Traffic (Drug Driving) Regulations 2007* Schedule 2 Division 1;\n\n(b) for the collection of oral fluid using another type of device — in accordance with the instructions of the manufacturer of the device used to collect the fluid.\n\n## Part 4 — Urine test\n\n##### 13. Term used: urine sampling equipment\n\nIn this Part —\n\nurine sampling equipment means equipment provided by an approved body for the purpose of collecting urine samples.\n\n##### 14. Taking of urine sample\n\n(1) A urine sample must be taken by a sample taker using only urine sampling equipment.\n\n(2) The sample taker must take all reasonable steps to use the urine sampling equipment in accordance with the instructions of the manufacturer of the equipment.\n\n##### 15. Preparation of urine sampling equipment\n\nBefore urine sampling equipment is provided to a sample taker for the taking of a urine sample, a technologist of the approved body that provided the equipment must —\n\n(a) complete and sign a certificate in an approved form; and\n\n(b) seal the equipment in a serially numbered package by signing the technologist’s name over the sealed portion or flap of the package.\n\n## Part 5 — Blood testing\n\n##### 16. Term used: blood sampling equipment\n\nIn this Part —\n\nblood sampling equipment means equipment prepared by a technologist —\n\n(a) of a body approved under the *Road Traffic (Blood Sampling and Analysis) Regulations 1975* regulation 6; and\n\n(b) for the purpose of collecting blood samples.\n\n##### 17. Taking of blood sample\n\n(1) A blood sample must be taken by a sample taker by venepuncture, using only blood sampling equipment.\n\n(2) The sample taker must take all reasonable steps to use the blood sampling equipment in accordance with the instructions of the manufacturer of the equipment.\n\n##### 18. Preparation of blood sampling equipment\n\nBefore blood sampling equipment is provided to a sample taker for the taking of a blood sample, a technologist of the approved body that provided the equipment must —\n\n(a) complete and sign a certificate in the form referred to in the *Road Traffic (Blood Sampling and Analysis) Regulations 1975* regulation 6(a); and\n\n(b) seal the equipment in a serially numbered package by signing the technologist’s name over the sealed portion or flap of the package.\n\n##### 19. Analytical method\n\nThe analytical method by which blood samples must be analysed for alcohol by an analyst is by —\n\n(a) ascertaining the change in concentration of a solution of a dichromate; or\n\n(b) gas chromatography.\n\n## Part 6 — Certificates\n\n##### 20. Certificates by sample takers\n\n(1) After taking a blood, oral fluid or urine sample, the sample taker must sign a certificate in an approved form specifying all of the following —\n\n(a) the name and address of the worker from whom the sample was taken (to the extent known);\n\n(b) the name of the sample taker;\n\n(c) whether the sample taker is a medical practitioner, registered nurse or qualified person;\n\n(d) the date and time when, and place where, the sample was taken;\n\n(e) for a blood or urine sample — that the sealed portion of the blood sampling equipment or urine sampling equipment was not broken before the equipment was used by the sample taker.\n\n(2) The sample taker must —\n\n(a) give 1 of the containers and the signed certificate to an authorised person; and\n\n(b) give the other container to the worker or the worker’s representative, or keep it on behalf of the worker.\n\n(3) The authorised person must —\n\n(a) give the container and the signed certificate to the Regulator; or\n\n(b) keep the container and the signed certificate on behalf of the Regulator.\n\n##### 21. Certificates by analysts\n\n(1) On completion of an analysis of a blood sample, a urine test or an oral fluid analysis, the analyst who performed or supervised the analysis or test must sign a certificate in an approved form specifying all of the following information —\n\n(a) the serial number marked on the container of the sample;\n\n(b) the name of the analyst;\n\n(c) the date the sample was received in the laboratory where the analysis or test was performed;\n\n(d) if the presence of alcohol is detected in the sample — the concentration of alcohol;\n\n(e) if the presence of a drug is detected in the sample — the type of drug;\n\n(f) any factors relating to the sample, analysis or test that might, in the opinion of the analyst signing the certificate, adversely affect the accuracy or validity of the analysis or test;\n\n(g) any other information relating to the sample, analysis or test the analyst considers appropriate.\n\n(2) The signed certificate must be given to, or kept by the analyst on behalf of, the Regulator.\n\n(3) A copy of the signed certificate must be given to —\n\n(a) the sample taker who took the sample; and\n\n(b) the worker.\n\n(4) The Regulator may provide a copy of the signed certificate to the rail transport operator who employs or engaged the worker if the certificate indicates the prescribed BAC or a prescribed drug was present in the worker’s sample.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Rail Safety National Law (WA) (Alcohol and Drug Testing) Regulations 2024* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Rail Safety National Law (WA) (Alcohol and Drug Testing) Regulations 2024* | SL 2024/192 18 Sep 2024 | 1 Oct 2024 (see r. 2) |\n| *Rail Safety National Law (WA) (Alcohol and Drug Testing) Amendment Regulations 2025* | SL 2025/177 15 Oct 2025 | r. 1 and 2 : 15 Oct 2025 (see r. 2(a))   Regulations other than r. 1 and 2: 16 Oct 2025 (see r. 2)b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\napproved 3\n\nauthorised drug tester 4(1)\n\nblood sampling equipment 16\n\nqualified person 3, 4(2)\n\nregistered training organisation 4(1)\n\ntechnologist 3\n\nurine sampling equipment 13\n\nworker 3\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from the original intent — the legislative text was not retrievable. Based on the title alone, the regulations appear narrowly focused on alcohol and drug testing within the rail safety context, which is consistent with what such regulations typically cover."},"complexity_factors":["Insufficient legislative text available to assess true complexity — the source page returned a 'no longer available' error","National law framework (Rail Safety National Law) interacting with state-level regulations adds inherent layering","Alcohol and drug testing regimes typically involve procedural, evidentiary, and workplace relations complexity","Score is conservatively low due to lack of actual content to analyse — real complexity could be significantly higher"],"plain_english_summary":"These regulations implement alcohol and drug testing rules for Western Australia’s rail sector as part of the Rail Safety National Law framework. They govern testing of safety‑critical rail workers and set standards that affect rail operators, employers and workers because they shape when and how fitness-for-duty is checked and how non‑compliance is treated. The full text isn’t available here; consult the Parliamentary Counsel’s Office or legal advice before relying on specifics."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulation’s functional scope—procedures and evidentiary rules for alcohol and drug testing of rail safety workers—remains the same, but the list of approved drug screening devices was expanded by a subsequent amendment (Regulation 9 amended: SL 2025/177 r. 4; see compilation table). The amendment therefore broadens the set of permitted screening equipment without altering the overall procedural framework."},"complexity_factors":["Multiple sample types (breath, oral fluid, urine, blood) each with distinct procedures and equipment requirements (Parts 2–5)","Cross-references to other statutes and regulations (Road Traffic Act 1974; Road Traffic (Breath Analysis) Regulations 1975; Road Traffic (Drug Driving) Regulations 2007; Road Traffic (Blood Sampling and Analysis) Regulations 1975)","Mixture of prescriptive rules (specified devices and analytical methods) and delegations to manufacturers’ instructions, producing conditional compliance paths (regs 6, 8, 10, 12, 14(2), 17(2))","Qualification and approval rules that rely on external certification and Ministerial approval, creating administrative discretion (reg 3, reg 4)","Chain-of-custody and evidentiary formalities (serially numbered sealing, technologist certificates, mandatory signed certificates by sample takers and analysts) that increase procedural detail (regs 15, 18, 20–21)","Amendment history and device list updates require tracking of compilation and later statutory instruments (Reg 9 amended: SL 2025/177 r. 4)","Technical laboratory requirements (specified analytical methods for blood) that require specialised capability (reg 19)"],"plain_english_summary":"These regulations set the practical rules for alcohol and drug testing of rail safety workers in Western Australia: which testing devices and analytical methods may be used, who may take samples, how breath, oral fluid, urine and blood samples must be collected, sealed and analysed, and how results are certified and handed to the Regulator. The Minister approves devices and approved bodies (reg 3). Authorised persons and qualified sample takers must follow manufacturers’ instructions or specified Road Traffic procedures; the Regulator may give positive results to the worker’s rail operator (regs 6–8, 11–21)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose of establishing technical and procedural standards for alcohol and drug testing of rail safety workers. The scope has not expanded beyond this specific operational framework."},"complexity_factors":["Short length (21 regulations across 6 Parts)","Minimal defined terms (only 8 defined terms in the interpretation section)","Straightforward structure with clear Part divisions by test type (breath, oral fluid, urine, blood)","Limited cross-referencing – primarily references to Road Traffic Act 1974 and associated regulations for procedural details rather than duplicating them","Simple conditional logic – mostly 'must' obligations with few exceptions or nested conditions","Technical but specific content – lists exact device names and model numbers (AlcoQuant 6020, Dräger Alcotest 9510, etc.) which creates precision but not complexity","Single amendment incorporated (SL 2025/177) adding one additional drug screening device"],"plain_english_summary":"These regulations set out the technical rules for alcohol and drug testing of rail safety workers in Western Australia. They specify exactly how breath, saliva, urine, and blood tests must be conducted to ensure results are legally valid and fair.\n\n**Who it affects:**\n- **Rail safety workers** – people who work on or around trains, tracks, and rail infrastructure where safety is critical\n- **Rail transport operators** – companies that employ these workers\n- **Sample takers** – the people authorised to collect samples (doctors, nurses, or specially trained testers)\n- **Analysts** – laboratory staff who test the samples\n\n**What it does:**\n- **Names specific devices** that can be used for testing (like the Dräger Alcotest 9510 for breath tests, or specific saliva test kits)\n- **Sets procedures** for how tests must be carried out, including following manufacturer instructions or existing road traffic testing rules\n- **Defines who can take samples** – requiring special training for urine and blood collection\n- **Requires certificates** – sample takers and analysts must sign formal documents confirming who was tested, when, where, and what the results were\n- **Protects workers' rights** – requires that workers receive copies of certificates and that equipment is sealed and tracked to prevent tampering\n\n**Why it matters:**\nRail workers operating under the influence of alcohol or drugs pose serious safety risks. These regulations ensure testing is done consistently and fairly, so results can be trusted in court or disciplinary proceedings. By linking to existing road traffic testing standards, it avoids reinventing the wheel and ensures proven methods are used."}},"importantCases":[],"_links":{"self":"/api/acts/rail-safety-national-law-wa-alcohol-and-drug-testing-regulations-2024","history":"/api/acts/rail-safety-national-law-wa-alcohol-and-drug-testing-regulations-2024/history","analysis":"/api/acts/rail-safety-national-law-wa-alcohol-and-drug-testing-regulations-2024/analysis","conflicts":"/api/acts/rail-safety-national-law-wa-alcohol-and-drug-testing-regulations-2024/conflicts","importantCases":"/api/acts/rail-safety-national-law-wa-alcohol-and-drug-testing-regulations-2024/important-cases","documents":"/api/acts/rail-safety-national-law-wa-alcohol-and-drug-testing-regulations-2024/documents"}}