If a rail safety worker cannot be tested within the 3 hour limit after a prescribed incident, do they still have to be tested?
The test would not be required under the Regulation, because the results of a test conducted outside the 3 hour limit cannot be used in a prosecution. However, testing could still be undertaken if it is provided for in the rail transport operator’s drug and alcohol management program. If there is a positive test result, the rail safety worker should be removed from rail safety work and rehabilitation/disciplinary action undertaken in line with the drug and alcohol management program.
Related Questions
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