12Oral fluid analysis following drug screening test or request

12 Oral fluid analysis following drug screening test or request

12 Oral fluid analysis following drug screening test or request

(1) An authorised person may require a rail safety worker to provide an oral fluid sample in accordance with the directions of the authorised person for the purposes of an oral fluid analysis if—

(a) it appears to the authorised person from one or more drug screening tests carried out by the authorised person under the Rail Safety National Law (NSW) that the device by which the test was carried out indicates that there may be one or more drugs present in the person’s oral fluid, or

(b) the person refused to submit to a drug screening test required under that Law or fails to submit to that test in accordance with the directions of the authorised person.

(2) An authorised person may require a person to provide a blood sample in accordance with the directions of an authorised sample taker if the person—

(a) has attempted to provide an oral fluid sample as directed under this clause, but

(b) has been unable to comply with that direction (for example, because no oral fluid was able to be produced).

(3) If a police officer is entitled to require a rail safety worker to provide an oral fluid sample for an oral fluid analysis, the officer may—

(a) arrest the worker without a warrant, and

(b) take the worker with such force as may be necessary to a police station or such other place as the officer considers desirable and there detain the worker for the purposes of providing the oral fluid sample for the oral fluid analysis.

(4) If an authorised person (other than a police officer) is entitled to require a rail safety worker to provide an oral fluid sample for an oral fluid analysis, the authorised person may direct the worker to attend the nearest police station, or such other place as the authorised person may require, and there provide an oral fluid sample for an oral fluid analysis.