14Additional circumstances when blood or urine samples may be taken

14 Additional circumstances when blood or urine samples may be taken

14 Additional circumstances when blood or urine samples may be taken

(1) An authorised person may require a rail safety worker to provide a sample of the worker’s blood or urine if—

(a) the authorised person is entitled under the Rail Safety National Law (NSW) and this Regulation to require the worker to submit to a breath analysis, and

(b) a breath analysing instrument is not readily available.

(2) An authorised person who has a reasonable belief that, by the way in which a rail safety worker was acting, the worker might be under the influence of alcohol or a drug, may require the worker to provide a sample of the worker’s blood or urine if—

(a) the worker has undergone a preliminary breath test in accordance with this Regulation, and

(b) the result of the test does not permit the worker to be required to submit to a breath analysis, and

(c) the authorised person has required the worker to submit to a sobriety assessment and—

(i) the worker refuses to submit to the assessment, or

(ii) after the assessment is made, the authorised person has a reasonable belief that the worker is under the influence of alcohol or a drug.

(3) A requirement that a rail safety worker provide a sample is not open to challenge in any proceedings merely on the basis that a breath analysing instrument was readily available.