108Random and targeted testing

#### 108 Random and targeted testing 108 Random and targeted testing > > (1) A test supervisor may require a transport safety employee, who the test supervisor has reasonable cause to believe is on duty for the purpose of carrying out transport safety work or about to carry out transport safety work, to do either or both of the following— > > > > > (a) undergo a breath test in accordance with the test supervisor’s directions, > > > > > (b) provide a sample of the employee’s urine for the purpose of testing for the presence of drugs. > > > (2) A test supervisor may select a transport safety employee for testing on a random or targeted basis. > > > (3) A transport safety employee may be— > > > > > (a) breath tested whether or not there is a suspicion the employee has recently consumed alcohol, and > > > > > (b) required to provide a urine sample whether or not there is a suspicion the employee has recently taken a drug. > > > (4) A transport safety employee is about to carry out transport safety work if the employee has left home or a temporary residence for work that is transport safety work but has not yet commenced the work. > > > (5) If a transport safety employee was about to carry out transport safety work, the following results may be used for the purposes of disciplinary proceedings against the employee but are not admissible in proceedings for an offence under this Regulation— > > > > > (a) the result of a breath test carried out under this clause or the result of a subsequent breath or other analysis, > > > > > (b) the result of a test or analysis performed on a sample of the employee’s urine that was provided under this clause. > > **cl 108:** Rep 2017 (595), Sch 1 \[41\]. Ins 2021 (483), Sch 1\[2\].