Rail Safety National Law (Queensland) Regulation 2017 (Qld)

Rail Safety National Law (Queensland) Regulation 2017

Part 1 Preliminary

1 Short title This regulation may be cited as the Rail Safety National Law (Queensland) Regulation 2017.

2 Commencement This regulation commences at the end of 30 June 2017.

3 Definitions The dictionary in schedule 1 defines particular words used in this regulation.

Part 2 Drug and alcohol testing

4 Analyst's laboratory— Act , s 15 For section 15 of the Act, definition analyst, the following laboratories are prescribed— (a) for a laboratory test of a specimen of blood—Forensic and Scientific Services, Health Support Queensland, Department of Health; (b) for an analysis or laboratory test of a specimen of saliva—Racing Analytical Services Limited.

5 Preliminary breath test— Act , s 15 (1) For section 15 of the Act, definition preliminary breath test, a device that complies with AS 3547 is approved. (2) In this section— AS 3547 means the Australian Standard as in force from time to time under that designation (regardless of the edition or year of publication of the standard).

6 Preliminary saliva test— Act , s 15 For section 15 of the Act, definition preliminary saliva test, the Medvet Oral7 is approved.

7 Laboratory test— Act , s 15 (1) For section 15 of the Act, definition saliva analysis, a laboratory test that uses mass spectrometry to identify the presence of a prescribed drug is approved. (2) In this section— prescribed drug see section 15 of the Act.

8 Requirements for how to provide specimen of breath or saliva for analysis— Act , s 34 (1) For section 34 of the Act, a rail safety worker who is directed by an authorised person under section 28 or 29 of the Act to provide a specimen of the worker's breath for analysis must do so by— (a) placing the worker's mouth over the mouthpiece of the breath analysing instrument when, and in the manner, directed by the instrument operator; and (b) blowing directly and continuously (and without escape of breath otherwise) through the mouthpiece into the instrument until told to stop by the instrument operator. (2) For section 34 of the Act, a rail safety worker who is directed by an authorised person under section 28 or 29 of the Act to provide a specimen of the worker's saliva for analysis must do so by— (a) placing a collection unit, or allowing a collection unit to be placed, into or adjacent to the worker's mouth when, and in the manner, directed by the instrument operator; and (b) providing the specimen until told to stop by the instrument operator. (3) In this section— collection unit means— (a) a saliva collection swab from a Cozart DDS805 2-panel methamphetamine/THC test kit; or (b) a saliva collection swab from a Cozart DDS805AP test kit; or (c) a Dräger DCH 5000 (also known as a Draeger DCH 5000) attached to a Dräger DrugTest 5000 STK (also known as a Draeger DrugTest 5000 STK); or (d) a saliva collection swab from a Quantisal; or (e) an UltraSal-2.