Does a testing officer have the power of arrest?
No. Testing officers do not have the power of arrest. Only police officers are able to detain and force a rail safety worker to attend a police station. If a rail safety worker refuses to be tested, they should be advised that this is an offence under the Regulation, removed from rail safety work and dealt with in accordance with the operator’s drug and alcohol management program. This offence should be notified to ITSR on facsimile 8263 7256 or the following email address: danotifications@transportregulator.nsw.gov.au The form is available on ITSR’s website at www.transportregulator.nsw.gov.au ITSR reviews notifications and investigates serious offences.