Western Australian Current Acts

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RAIL SAFETY NATIONAL LAW APPLICATION ACT 2024 - SECT 39

39 .         When rail safety worker is not obliged to comply with requirement to submit to blood test

        (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.



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