48QDrug screening tests

48Q Drug screening tests

(1) This section applies if an authorised person requires a rail safety worker to submit to a drug screening test under section 127(1) of the Rail Safety National Law (Victoria).

(2) The authorised person may, for the purposes of carrying out a drug screening test, require the rail safety worker to place a prescribed device, or the collection unit of a prescribed device, into the worker's mouth and carry out the physical actions that are necessary to ensure that, in the opinion of the authorised person, a sufficient sample of oral fluid has been captured by the device or unit.

(3) A device prescribed for the purposes of carrying out drug screening tests may be comprised of a collection unit and a testing unit and one or more other parts.

(4) The authorised person who carries out a drug screening test may give any reasonable direction as to the physical actions that are necessary for the test to be carried out.

(5) The rail safety worker must remain at the place at which the drug screening test is being carried out until the sample of oral fluid collected in accordance with subsection (2) has been tested by a prescribed device.

(6) The rail safety worker is not obliged to undergo a drug screening test under this section if more than 3 hours have passed since the worker—

(a) last carried out or attempted to carry out rail safety work; or

(b) was involved in a prescribed notifiable occurrence.

S. 48R inserted by No. 41/2019 s. 17.