115Restrictions on testing

#### 115 Restrictions on testing 115 Restrictions on testing > A test supervisor or police officer cannot require a transport safety employee to undergo a breath test, submit to an assessment or a breath analysis or provide a sample of blood or urine— > > > (a) if the employee has been admitted to a hospital for medical treatment, unless the medical practitioner who attends the employee at the hospital or, if no medical practitioner is present to attend the employee, a registered nurse has been notified of the intention to make the requisition and the medical practitioner or nurse does not object on the ground that compliance would be prejudicial to the proper care or treatment of the employee, or > > > (b) if it appears to the test supervisor or police officer that it would, because of injuries sustained by the employee, be dangerous to the employee’s medical condition if the employee complied with the requisition, or > > > (c) at any time after the expiration of 4 hours from the time the employee carried out the transport safety work, or was due to commence the transport safety work, to which the requisition relates, or > > > (d) for an employee other than an employee who has been involved in an accident or irregular incident while carrying out transport safety work—after the employee has ceased to be on duty on a particular day, or > > > (e) at the employee’s home or temporary residence. > > **cl 115:** Rep 2017 (595), Sch 1 \[41\]. Ins 2021 (483), Sch 1\[2\].