sec.42Certificate about failure to provide specimen of breath or saliva for analysis

### sec.42 Certificate about failure to provide specimen of breath or saliva for analysis This section applies if— a rail safety worker is directed under this part to provide a specimen of the worker’s breath or saliva for analysis; and the worker fails to provide a specimen for analysis as directed; and the instrument operator— is the authorised person who gave the direction; or witnessed the giving of the direction. As soon as practicable after the rail safety worker fails to provide the specimen, the instrument operator must sign 2 copies of a certificate in writing stating each of the following— the name of the rail safety worker; the name of the authorised person who gave the direction; the name of the operator; if the operator is not the authorised person mentioned in paragraph (b) —that the operator witnessed the giving of the direction to the worker; whether the direction was to provide a specimen of breath or saliva; the name and patent number, or name and model number, appearing on the breath analysing instrument; that the worker failed to provide a specimen of breath or saliva for analysis as directed; details of the worker’s failure to provide a specimen. (sec.42-ssec.1) This section applies if— a rail safety worker is directed under this part to provide a specimen of the worker’s breath or saliva for analysis; and the worker fails to provide a specimen for analysis as directed; and the instrument operator— is the authorised person who gave the direction; or witnessed the giving of the direction. (sec.42-ssec.2) As soon as practicable after the rail safety worker fails to provide the specimen, the instrument operator must sign 2 copies of a certificate in writing stating each of the following— the name of the rail safety worker; the name of the authorised person who gave the direction; the name of the operator; if the operator is not the authorised person mentioned in paragraph (b) —that the operator witnessed the giving of the direction to the worker; whether the direction was to provide a specimen of breath or saliva; the name and patent number, or name and model number, appearing on the breath analysing instrument; that the worker failed to provide a specimen of breath or saliva for analysis as directed; details of the worker’s failure to provide a specimen. - (a) a rail safety worker is directed under this part to provide a specimen of the worker’s breath or saliva for analysis; and - (b) the worker fails to provide a specimen for analysis as directed; and - (c) the instrument operator— (i) is the authorised person who gave the direction; or (ii) witnessed the giving of the direction. - (i) is the authorised person who gave the direction; or - (ii) witnessed the giving of the direction. - (i) is the authorised person who gave the direction; or - (ii) witnessed the giving of the direction. - (a) the name of the rail safety worker; - (b) the name of the authorised person who gave the direction; - (c) the name of the operator; - (d) if the operator is not the authorised person mentioned in paragraph (b) —that the operator witnessed the giving of the direction to the worker; - (e) whether the direction was to provide a specimen of breath or saliva; - (f) the name and patent number, or name and model number, appearing on the breath analysing instrument; - (g) that the worker failed to provide a specimen of breath or saliva for analysis as directed; - (h) details of the worker’s failure to provide a specimen.