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RAIL SAFETY (LOCAL OPERATIONS) (DRUG AND ALCOHOL CONTROLS) REGULATIONS 2017 (SR NO 78 OF 2017) - REG 21

Duty to provide indicative positive results to Safety Director

    (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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