123Failure to conduct test

#### 123 Failure to conduct test 123 Failure to conduct test > > (1) An operator must ensure that a transport safety employee of the operator who is involved, or reasonably suspected of being involved, in a notifiable incident while carrying out transport safety work is required, within 4 hours after the incident— > > > > > (a) to undergo a breath test and, if it appears to the test supervisor as a result of the breath test that the prescribed concentration of alcohol may be present in the employee’s blood, a breath analysis, or > > > > > (b) to provide a sample of blood or urine in accordance with Division 2. > > > > Maximum penalty—50 penalty units. > > > (2) It is a condition of the accreditation of a bus operator that the operator must not, without reasonable excuse, fail to comply with the requirements of this clause. > > > (3) In this clause— > > > > notifiable incident means an accident or incident that the operator reasonably believes is likely to arouse serious public concern or that results in one or more of the following— > > > > > (a) the death of a person, > > > > > (b) an injury to a person that is, in the operator’s reasonable opinion, likely to require treatment at a hospital, > > > > > (c) the capsize, swamping, flooding or sinking of a ferry, > > > > > (d) a bus being prevented from continuing its journey. > > **cl 123:** Rep 2017 (595), Sch 1 \[41\]. Ins 2021 (483), Sch 1\[2\].