16Action to be taken with respect to blood samples

16 Action to be taken with respect to blood samples

16 Action to be taken with respect to blood samples

(1) An authorised sample taker or other person by whom a sample of a rail safety worker’s blood is taken under this Regulation must—

(a) place the sample into a container, and

(b) fasten and seal the container, and

(c) mark or label the container for future identification, and

(d) give to the person from whom the sample is taken a certificate relating to the sample that contains sufficient information to enable the sample to be identified as a sample of that person’s blood, and

(e) as soon as reasonably practicable after the sample is taken, hand the sample to the authorised person who was present at the time the sample was taken.

(2) The authorised person to whom a sample of blood is handed under subclause (1) must—

(a) immediately on being handed the sample, place the sample in a security box of a type approved by the Commissioner of Police and lock the box, and

(b) as soon as reasonably practicable thereafter, arrange for the sample to be submitted to an approved laboratory for analysis by an analyst to determine the concentration of alcohol or drugs in the blood.

(3) The blood sample must be kept in the security box until it is submitted to an approved laboratory for analysis.

(4) The person from whom the sample was taken may, within 12 months after the taking of the sample, apply to the laboratory referred to in subclause (2) for a portion of the sample to be sent, for analysis at that person’s own expense, to a medical practitioner or laboratory nominated by that person.

(5) A medical practitioner, registered nurse or other sample taker of another jurisdiction who, under the Rail Safety National Law of that jurisdiction, takes a sample of blood in consequence of an occurrence in this jurisdiction may arrange for a portion of the sample to be submitted for an analysis by an analyst to determine the concentration of alcohol or drugs in the blood.