53CDrug and alcohol programs and testing relating to ferry services

#### 53C Drug and alcohol programs and testing relating to ferry services 53C Drug and alcohol programs and testing relating to ferry services > > (1) This section applies to a person (the operator) who carries on a public passenger service by means of a ferry. > > > (2) An operator must— > > > > > (a) prepare and implement a drug and alcohol program for its transport safety employees that complies with guidelines approved by TfNSW for the purposes of this section and published in the Gazette, and > > > > > (b) ensure that all transport safety employees employed, or contracted, by the operator to perform transport safety work are not under the influence of alcohol or any other drug when about to carry out, or while on duty for the purposes of carrying out (whether or not carrying out), transport safety work, and > > > > > (c) report to TfNSW, if requested in writing by TfNSW to do so, as to the implementation of the operator’s drug and alcohol program. > > > > Maximum penalty—500 penalty units. > > > (3) The drug and alcohol program is to include any matters required to be included by the guidelines approved by TfNSW for the purposes of this section. > > > (4) Without limiting subsection (2) (a), the guidelines are to include provisions for or with respect to the following— > > > > > (a) protocols for fair procedures, > > > > > (b) education and assistance of transport safety employees. > > > (5) TfNSW may at any time arrange with an operator for the random testing of any person on duty for the purposes of carrying out transport safety work with respect to services operated by the operators for the presence of alcohol or any other drug to ensure that the operator is complying with this section. > > > (6) For the purposes of this section, a transport safety employee is to be regarded as being about to carry out transport safety work if the employee— > > > > > (a) has left home or a temporary residence for work (being transport safety work), and > > > > > (b) has not commenced work after having so left home or the temporary residence. > > > (7) (Repealed) > > Note. > > Schedule 5 (which is given effect to by section 9C) applies to the testing of employees and contractors of operators. > > Editorial note. > > For guidelines under this section, see Gazette No 58 of 19.3.2004, p 1478. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality. > > **s 53C:** Ins 2002 No 96, Sch 6 \[3\]. Am 2003 No 65, Sch 3 \[20\]; 2005 No 55, Sch 3 \[26\] \[27\]; 2006 No 58, Sch 1.20 \[3\]; 2011 No 41, Sch 5.31 \[3\]; 2012 No 82, Sch 2.11 \[126\] \[127\].