173Ferry services—drug and alcohol programs and testing

#### 173 Ferry services—drug and alcohol programs and testing 173 Ferry services—drug and alcohol programs and testing > > (1) Drug and alcohol programs An operator of a ferry service 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 by TfNSW in writing to do so, as to the implementation of the operator’s drug and alcohol program. > > > > Maximum penalty—500 penalty units. > > > (2) 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. > > > (3) Without limiting subsection (1) (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. > > > (4) Random testing TfNSW may at any time arrange with an operator of a ferry service for the random testing of any person about to carry out transport safety work or on duty for the purposes of carrying out transport safety work for the presence of alcohol or any other drug to ensure that the operator is complying with the conditions imposed by this section. > > > (5) Definition 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. > > > (6) Other Acts not affected Nothing in this Act or the regulations derogates from the operation of Part 3 of and Schedule 1 to the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121). > > Note. > > Schedule 2 contains regulation-making powers for procedures for testing for alcohol and other drugs.