48ROral fluid analysis

48R Oral fluid analysis

(1) This section applies if a rail safety worker is—

(a) required—

(i) to undergo an assessment of drug impairment under section 48O; or

(ii) to submit to a drug screening test under section 127(1) of the Rail Safety National Law (Victoria); and

(b) in the opinion of the authorised person who carries out that assessment or test—

(i) the assessment or test indicates that the worker's oral fluid contains a prescribed drug; or

(ii) the worker has refused or failed to carry out the assessment or test in the manner described in section 48P or 48Q(2) (as the case requires).

(2) An authorised person may require the rail safety worker to provide a sample of oral fluid for testing by a prescribed device.

(3) If an authorised person considers it necessary, the person may require the rail safety worker to provide a sample of oral fluid for analysis by a properly qualified analyst.

(4) If the authorised person considers it necessary for the purposes of subsection (2) or (3), the person may require the rail safety worker—

(a) to accompany any authorised person to a place or vehicle where a sample is to be provided; and

(i) the worker has provided the sample and any further sample required to be provided under subsection (5) and the sample has been tested by a prescribed device;

(ii) 3 hours after the worker last carried out or attempted to carry out the rail safety work or was involved in a prescribed notifiable occurrence.

(5) The authorised person who required a sample of oral fluid to be provided under subsection (2) may require the rail safety worker who provided it to provide one or more further samples if it appears to the person that the prescribed device is incapable of testing for the presence of a prescribed drug in the sample or samples because—

(a) the amount of sample provided was insufficient; or

(b) of a power failure or malfunctioning of the device.

(6) If the authorised person requires a sample of oral fluid to be provided under subsection (3), the person may require the rail safety worker who provided it to provide one or more further samples if it appears to the person that the amount of sample provided was insufficient for the purposes of testing for the presence of a prescribed drug.

(7) An authorised person who is a police officer may only carry out the procedure for the provision of a sample of oral fluid under this section if the police officer is authorised in writing by the Chief Commissioner of Police for the purposes of this section.

(8) The Chief Commissioner of Police may authorise a police officer for the purposes of this section if satisfied that the officer has the appropriate training to carry out the prescribed procedure for the provision of a sample.