127Authorised person may require drug screening test, oral fluid analysis, urine test and blood test

127 Authorised person may require drug screening test, oral fluid analysis, urine test and blood test

127 Authorised person may require drug screening test, oral fluid analysis, urine test and blood test

(1) Subject to this section, an authorised person may at any time require a rail safety worker who—

(a) is about to carry out rail safety work; or

(b) is carrying out rail safety work; or

(c) is attempting to carry out rail safety work; or

(d) is still on railway premises after carrying out rail safety work; or

(e) without limiting a preceding paragraph—is involved in a prescribed notifiable occurrence; or

(e1) without limiting a preceding paragraph—is involved in an accident or irregular incident while carrying out rail safety work,

Note—

This paragraph is an additional New South Wales provision.

to submit to a drug screening test, oral fluid analysis, urine test or blood test (or any combination of these).

(2) For the purposes of making a requirement that a rail safety worker submit to a drug screening test, oral fluid analysis, urine test or blood test, an authorised person may—

(a) require the worker to provide the worker’s name and residential address; and

(b) give any other reasonable direction to the worker.

Example.

An authorised person may (for example) direct the rail safety worker to accompany the authorised person and attend at a specified place for the purposes of carrying out the drug screening test, oral fluid analysis, urine test or blood test.

(3) A rail safety worker must immediately comply with a direction given by an authorised person (whether under this section or the application Act) for the purpose of requiring the worker to submit to a drug screening test, oral fluid analysis, urine test or blood test (or any combination of these).

Maximum penalty—$10 000.

(4) The application Act and regulations made under the application Act may prescribe the manner in which a drug screening test, oral fluid analysis, urine test or blood test is to be conducted.

s 127: Am 2019 No 4, sec 8; 2019 No 14, Sch 2.20[1].