8Restrictions on requiring breath test, sobriety assessment, breath analysis or sample

8 Restrictions on requiring breath test, sobriety assessment, breath analysis or sample

8 Restrictions on requiring breath test, sobriety assessment, breath analysis or sample

An authorised person must not require a rail safety worker to undergo a breath test, submit to a sobriety assessment, breath analysis or drug screening test or provide a sample of blood, oral fluid or urine—

(a) if it appears to the authorised person that it would (because of injuries sustained by the worker) be dangerous to the worker’s medical condition if the worker complied with the requisition, or

(b) at any time after the expiration of 3 hours from the time the worker carried out the rail safety work (or was due to commence the rail safety work) to which the requisition relates, or

(c) in the case of a person other than a worker who has been involved in an accident or irregular incident while carrying out rail safety work, after the person has ceased to be on duty on a particular day, or

(d) at the worker’s home.