48XBlood and urine tests

48X Blood and urine tests

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

(a) is required by an authorised person to submit to a blood test or urine test under section 127(1) of the Rail Safety National Law (Victoria); or

(b) undergoes an assessment of drug impairment when required under section 48O to do so and the assessment, in the opinion of the police officer carrying it out, indicates that the rail safety worker may be impaired by a drug or drugs.

(2) An authorised person may require the rail safety worker to—

(a) allow a registered medical practitioner or an approved health professional nominated by the person to take from the worker a sample of that worker's blood for analysis;

(b) furnish to a registered medical practitioner, an approved health professional or a person appointed under section 124 of the Rail Safety National Law (Victoria) nominated by the authorised person a sample of the worker's urine for analysis.

(3) For the purpose of subsection (2), an authorised person may require the rail safety worker—

(a) to accompany any authorised person to a place where the sample is to be taken or furnished; and

(i) the sample is taken or furnished;

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

(4) An authorised person must not require a rail safety worker to allow a sample of the worker's blood to be taken for analysis under subsection (2) if that worker has already had a sample of blood taken under section 48Y after carrying out rail safety work.

(5) A rail safety worker must not hinder or obstruct a registered medical practitioner or an approved health professional attempting to take a sample of the blood, or be furnished with a sample of the urine, of any other person in accordance with this section.

(6) No action lies against a registered medical practitioner or an approved health professional in respect of anything properly and necessarily done by the practitioner or approved health professional in the course of taking any sample of blood, or being furnished with any sample of urine, which the practitioner or approved health professional believed on reasonable grounds was required to be taken from, or furnished by, a rail safety worker under this section.

(7) If the rail safety worker on whom an assessment of drug impairment was carried out is subsequently charged with an offence under section 48H(1)(b), a copy of a written report on that assessment prepared by the police officer who carried it out and containing the prescribed particulars must be served with the summons or, if a summons is not issued, within 7 days after the filing of the charge‑sheet charging the offence.