(1) A rail transport operator must, within 48 hours after becoming aware, notify the Safety Director if a rail safety worker carrying out rail safety work for the rail transport operator has undergone a preliminary breath test, drug screening test or an assessment of drug impairment and the test statement indicates or shows a positive result.
Penalty: 10 penalty units.
(2) A notification under subregulation (1) must contain a statement of action specifying the response and proposed action to be taken by the rail transport operator against the rail safety worker as a consequence of the positive test result.
(3) A notification under subregulation (1) must be in writing and must be in an approved form.
(4) In this regulation, "positive result" means—
(a) if the rail safety worker has undergone a preliminary breath test, the test indicates that the rail safety worker's breath contains alcohol; or
(b) if the rail safety worker has undergone a drug screening test, the test shows that the rail safety worker may have a prescribed drug present in his or her oral fluid or blood; or
(c) if the rail safety worker has undergone an assessment of drug impairment, the assessment indicates that the rail safety worker may be impaired by a drug.
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