(1) A rail safety
worker who is on railway premises after carrying out rail safety work is not
obliged to comply with a requirement made under the Rail Safety National Law
(WA) section 127(1) to submit to a blood test if —
(a) the
worker is not involved in a notifiable occurrence; and
(b) more
than 12 hours have passed since the worker finished carrying out the work.
(2) A rail safety
worker who is involved in a notifiable occurrence is not obliged to comply
with a requirement made under the Rail Safety National Law (WA) section 127(1)
to submit to a blood test if —
(a) more
than 12 hours have passed since the worker was involved in the occurrence; or
(b) the
worker —
(i)
has finished a shift during which the worker carried out
rail safety work; and
(ii)
has left the place where the worker finished the shift;
and
(iii)
was unaware of the occurrence when the worker finished
the shift.