Rail Safety (Adoption of National Law) Regulation 2018
13Samples taken at hospitals from rail safety workers involved in accidents in carrying out rail safety work
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13 Samples taken at hospitals from rail safety workers involved in accidents in carrying out rail safety work
13 Samples taken at hospitals from rail safety workers involved in accidents in carrying out rail safety work
(1) If a rail safety worker attends or is admitted to a hospital for examination or treatment because the worker has been involved in an accident while carrying out rail safety work, an authorised person may require the worker to provide as soon as practicable a sample of the worker’s blood or urine in accordance with the directions of a medical practitioner who attends the worker at the hospital.
(2) A rail safety worker is not required to provide a sample of blood or urine unless the medical practitioner who attends the worker at the hospital (or, if no medical practitioner is present to attend the person, 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 worker.
(3) If there is no medical practitioner present to attend the person at the hospital, the blood or urine sample is to be taken by a registered nurse.
(4) Any such medical practitioner or nurse must take the sample if informed by the authorised person that the sample is required to be taken by the practitioner or nurse under this Regulation.
(5) A requirement under subclause (1) need not be made directly to the rail safety worker concerned but may be made through a medical practitioner or any such nurse who attends the worker at the hospital.
(6) Nothing in clause 29 enables evidence to be given of or in relation to the presence of a drug, or the presence of a particular concentration of a drug, in the blood or urine of a person charged with an offence under section 128 of the Rail Safety National Law (NSW) (as determined by an analysis of a sample obtained under this clause) unless the court is satisfied that the analysis was not arranged in contravention of this Regulation.