8Regulations relating to alcohol and drug testing

#### 8 Regulations relating to alcohol and drug testing 8 Regulations relating to alcohol and drug testing > > (1) The regulations may make provision for or with respect to the following— > > > > > (a) the authorisation of persons (including rail safety officers)— > > > > > > > (i) to administer breath tests, breath analyses, drug screening tests or other tests for the purpose of detecting the presence of alcohol or drugs, and > > > > > > > (ii) to operate equipment for that purpose, > > > > > (b) the circumstances when tests for detecting the presence of alcohol or drugs may be conducted, including (but not limited to) random testing and testing of rail safety workers when about to carry out, or while on duty for the purpose of carrying out, rail safety work, > > > > > (c) the conduct of testing, which may include the taking of blood or urine samples or other body tissues or fluids, > > > > > (d) the taking of samples of blood, oral fluids, urine or other body fluids or tissues, > > > > > (e) the devices used in carrying out breath tests, breath analyses and other tests, including the calibration, inspection and testing of those devices, > > > > > (f) the accreditation of persons conducting analyses for the presence of drugs, > > > > > (g) the procedure for the handling and analysis of samples of blood, oral fluids, urine or other body tissues or fluids, > > > > > (h) offences relating to refusal or failure to undergo tests or otherwise comply with test procedures or interference with test results, > > > > > (i) offences relating to refusal or failure to administer tests or take samples or to do so in accordance with required procedures, > > > > > (j) evidence in proceedings as to matters relating to drug and alcohol testing, > > > > > (k) without limiting paragraph (j), the use of certificates as to concentration of alcohol or presence of drugs as evidence of the matters stated in the certificate in proceedings for offences, > > > > > (l) confidentiality of test results, > > > > > (m) protection against liability for persons administering tests or taking samples of blood, urine or other body tissues or fluids, > > > > > (n) disciplinary action that may be taken consequent on a breach of regulations made under this section. > > > (2) The regulations may provide that an offence under a regulation made under this section relating to a refusal or failure by a rail safety worker to undergo tests or otherwise comply with test procedures or the interference by a rail safety worker with test results, may, in addition to the penalty provided for by section 10 for offences under the regulations, be punishable by a period of imprisonment not exceeding 9 months.