Rail Safety National Law National Regulations (Drug and Alcohol Testing) Amendment Regulations 2024 (WA)
Western Australia
Rail Safety National Law (WA) Rail Safety National Law Application Act 2024
Western Australia
Rail Safety National Law (WA) Rail Safety National Law Application Act 2024
Made by the Governor of South Australia on the unanimous recommendation of the responsible Ministers and with the advice and consent of the Executive Council of that State on 5 December 2024.
[Editorial note:
Regulations made under the
These regulations are the
These regulations come into operation 28 days after the day on which they are made.
[Editorial note:
These regulations will come into operation on 2 January 2025, 28 days after their making on 5 December 2024 by the Governor of South Australia. See the
In these regulations, a provision under a heading referring to the amendment of specified regulations amends the regulations so specified.
(1) Regulation 28(2)(a)(i) — delete subparagraph (i) and substitute:
(i) in each year on a random basis using risk management principles to select rail safety workers (being not less than 25% of all rail safety workers carrying out rail safety work within New South Wales in relation to the operator’s railway operations), the operator must require the workers to submit to a preliminary breath test, a breath analysis or a test for the presence of a drug; and
(2) Regulation 28(2)(b) — after subparagraph (iii) insert:
(iiia) an oral fluid analysis confirming the presence of a drug in the oral fluid of a rail safety worker; and
(3) Regulation 28(2)(b)(vi) — delete subparagraph (vi) and substitute:
(vi) any rail safety worker who, when required to do so under the drug and alcohol management program of the operator, fails to undergo a breath test, undergo a breath analysis, or provide a sample of blood, urine or oral fluid; and
(4) Regulation 28(2)(b)(vii) — delete subparagraph (vii) and substitute:
(vii) any incident or suspected incident involving the interference or tampering with, or the destruction of, a sample of a person’s blood, urine or oral fluid provided or taken under the drug and alcohol management program of the operator in contravention of that program; and
(5) Regulation 28(2)(b)(viii) — delete subparagraph (viii) and substitute:
(viii) any incident or suspected incident involving something being done in contravention of the drug and alcohol management program of the operator to introduce, or alter the concentration of, alcohol or any other drug in a rail safety worker’s breath, blood, urine or oral fluid before the worker submitted to a breath analysis or oral fluid analysis or provided a sample of blood or urine under that program.
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