Victorian Numbered Regulations

RAIL SAFETY AMENDMENT REGULATIONS 2014 (SR NO 30 OF 2014) - REG 35

For regulations 29 to 34 of the Principal Regulations substitute —

    "     29     Devices prescribed for the purposes of oral fluid analysis and drug screening tests

For the purposes of the definitions of drug screening test and oral fluid analysis in section 70 of the Act, the following devices are prescribed—

        (a)     the oral fluid testing device known as the SECURETEC DRUGWIPE TWIN or the SECURETEC DRUGWIPE II TWIN;

        (b)     the oral fluid testing device known as the SECURETEC DRUGWIPE II TWIN COMBO;

        (c)     the oral fluid testing device known as the Cozart RapiScan;

        (d)     the oral fluid screening device known as the Medvet Oral7;

        (e)     the oral fluid screening device known as the Ultrasal-2 Saliva Collection Device;

        (f)     the oral fluid analysis device known as the Thermo TSQ Quantum Ultra;

        (g)     the oral fluid analysis device known as the Thermo TSQ Quantum Access;

        (h)     the oral fluid analysis device known as the Thermo LTQ Orbitrap Discovery;

              (i)     the oral fluid analysis device known as the AB Sciex QTrap 5500.

        30     Procedure for carrying out oral fluid analysis or drug screening tests

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For the purposes of a drug screening test or oral fluid analysis under section 86A of the Act, a transport safety officer or a police officer who conducts the test or analysis must—

        (a)     provide a fresh oral fluid collection unit for use by a person required to submit to the drug screening test or oral fluid analysis; and

        (b)     use only an oral fluid collection unit that has been kept in a sealed container until it is given to that person; and

        (c)     test or analyse any oral fluid sample produced by that person by using the device, or the oral fluid testing unit that is part of the device through which the sample was provided.

        31     Procedure after taking oral fluid sample

A transport safety officer or a police officer who is provided a sample of oral fluid by a person under a requirement under section 86A of the Act must ensure that the sample or, if the sample is broken into parts, each part of the sample has attached to it a label bearing—

        (a)     the name and signature of the police officer to whom the oral fluid sample was provided; and

        (b)     the date and time the sample was provided; and

        (c)     the name of the person who provided the sample or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person who provided the sample.

        32     Certificate under section 86J(5)

A certificate for the purposes of section 86J(5) of the Act must contain the following particulars—

        (a)     a statement by the registered medical practitioner or approved health professional that the requirements of these Regulations for the taking of blood samples have been complied with;

        (b)     the name of the person from whom the oral fluid sample was taken;

        (c)     the time and date the oral fluid sample was taken;

        (d)     the name and signature of the registered medical practitioner or approved health professional who took the oral fluid sample.

        33     Certificate under section 86J(6)

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A certificate under section 86J(6) of the Act must, in addition to a statement as to the presence of a drug in that sample of oral fluid, contain the following particulars—

        (a)     a statement by the analyst that he or she is an approved analyst within the meaning of section 86J of the Act;

        (b)     a statement as to the method of analysis used;

        (c)     the name and signature of the analyst;

        (d)     the date on which the analysis was conducted;

        (e)     a description of the contents of the identification label referred to in regulation 31 that was attached to the part of the oral fluid received for analysis.

        33A     Certificate under section 86J(7)

A certificate under section 86J(7) of the Act must contain the following particulars—

        (a)     a statement by the approved expert that he or she is an approved expert within the meaning of section 86J of the Act;

        (b)     a statement as to the usual effect of a specified substance or substances on behaviour when consumed or used (including its effect on a person's ability to carry out rail safety work properly);

        (c)     the name and signature of the approved expert.

        34     Duty to provide indicative positive results to Safety Director

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    (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.".