113Additional circumstances when samples may be required

113 Additional circumstances when samples may be required

113 Additional circumstances when samples may be required

(1) A test supervisor may require a transport safety employee to provide a sample of the employee’s blood or urine if—

(a) the test supervisor is entitled under this Regulation to require the employee to submit to a breath analysis, and

(b) a breath analysing instrument is not readily available.

(2) A test supervisor may require a transport safety employee to provide a sample of the employee’s blood or urine if—

(a) the test supervisor has a reasonable belief that, by the way in which the employee acts, the employee may be under the influence of a drug, and

(b) the employee has undergone a breath test in accordance with this Regulation, and

(c) the result of the test does not permit the employee to be required to submit to a breath analysis, and

(d) the test supervisor has required the employee to submit to a sobriety assessment and—

(i) the employee refuses to submit to the assessment, or

(ii) after the assessment is made, the test supervisor has a reasonable belief that the employee is under the influence of a drug.

Note—

Under clause 108, a transport safety employee may be required at any time to provide urine samples.

(3) A requirement that a transport safety employee provide a sample is not open to challenge in proceedings on the basis that a breath analysing instrument was readily available.

cl 113: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2].