29Bus services—drug and alcohol programs and testing

#### 29 Bus services—drug and alcohol programs and testing 29 Bus services—drug and alcohol programs and testing > > (1) Drug and alcohol program It is a condition of an accreditation of an operator of a bus service— > > > > > (a) that the operator prepares and implements 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) that the operator ensures 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. > > > (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 relating to the operation of the drug and alcohol program, > > > > > (b) education and assistance of transport safety employees in relation to the drug and alcohol program. > > > (4) Random testing TfNSW may at any time arrange with accredited operators of bus services 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 operators are 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.