This legislation has been repealed.
(1) It is a condition
of accreditation that an accredited person must take all reasonable steps to
ensure that a railway employee who performs railway safety work—
(a) has
the capacity and skills, and is adequately trained, to perform the work; and
(b) is
of sufficient good health and fitness to perform the work; and
(c) does
not carry out railway safety work—
(i)
while there is present in his or her blood the prescribed
concentration of alcohol; or
(ii)
while under the influence of a drug.
(2) A railway employee
who carries out railway safety work—
(a)
while there is present in his or her blood the prescribed concentration of
alcohol; or
(b)
while under the influence of a drug,
is guilty of an offence.
Maximum penalty: $2 500.
(3) The Administrating
Authority may require an accredited person to carry out random testing (in
accordance with procedures set out in the regulations) of persons who are
about to carry out, or who are carrying out, railway safety work on a railway
owned or operated by the accredited person to ensure compliance with
subsections (1) and (2).