Western Australian Current Acts

RAIL SAFETY NATIONAL LAW APPLICATION ACT 2024 - SECT 40

40 .         Authorisation to take blood sample: injured rail safety worker treated at hospital after notifiable occurrence

        (1)         This section applies if —

            (a)         a rail safety worker is injured as a result of a notifiable occurrence; and

            (b)         the worker is treated for the injury at a hospital within 12 hours after the occurrence; and

            (c)         an authorised person requires the worker to submit to a blood test under the Rail Safety National Law (WA) section 127(1).

        (2)         The authorised person may ask a sample taker at the hospital to ensure that a sample of the rail safety worker’s blood is taken as soon as practicable, even if the worker is unconscious.

        (3)         A sample taker at the hospital is authorised to take the sample.

        (4)         The sample taker is not obliged to take the sample if it is not reasonably practicable to do so in the circumstances.