Drug and Alcohol Testing Authorised Persons appointed by Rail Transport Operators Accredited in NSW Note Text in red indicates changes from the previous legislation The training material contained in this model training course is not an official ONRSR operational guideline This material is ma ID: 678027
Download Presentation The PPT/PDF document "1 Model Training Course for" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
1
Model Training Course for Drug and Alcohol Testing Authorised Persons appointed by Rail Transport Operators Accredited in NSW
Note: Text in red indicates changes from the previous legislation.
The training material contained in this model training course is not an official ONRSR operational guideline. This material is made available for the assistance of rail transport operators in NSW to facilitate the training of suitably experienced staff for appointment as ‘authorised persons’ to conduct drug and alcohol testing for or on behalf of accredited rail transport operators in NSW.
This material may not be suitable for all rail transport operators in NSW. Rail transport operators should ensure they develop and implement a training program that is appropriate and satisfactory for their purpose, having regard to the particular railway operations for which they are accredited and their obligations under the relevant legislation and guidelines.
ONRSR accepts no responsibility for any errors or omissions in the attached course material and makes no warranty as to the appropriateness of this model course for any particular rail transport operator. ONRSR reserves the right to change the course content without prior notice.
Copyright in this course material vests in the ONRSR. The course may be used for training purposes without reference to ONRSR, provided copyright is acknowledged and this disclaimer is attached.
Last
updated
: May 2013Slide2
2
Module 1: Course overview and legislative requirements
Aims, summary of course content, and learning outcomes of the training course
Key requirements of accredited rail transport operator drug and alcohol management programs (DAMPs)
Legal obligations of accredited rail transport operators under the
Rail Safety National Law (NSW)
Who can require rail safety workers to submit to testing?
Who is to be tested?
Offences for rail safety workers
Understanding alcohol and other drugs (optional)Slide3
3
Aims of the training course
To fulfil the training requirements considered by the Office of the National Rail Safety Regulator (ONRSR) to be appropriate for the performance of drug and alcohol testing authorised persons
.
To ensure that authorised persons have sufficient knowledge and skills to carry out their functions under the
Rail Safety National Law (NSW)
and under the rail transport operator’s DAMP.
To improve the quality and consistency of drug and alcohol testing in the rail industry in New South Wales.Slide4
4
Summary of content of authorised person training
Modules to be covered are:
1. Legislative requirements
2. Rights, roles and responsibilities
3. Planning the use of equipment and communicating about testing
4. Random testing
5. “For cause/on suspicion” testing
6. Post-incident testing
7. Managing notification responsibilities, record keeping and other testing issuesSlide5
5
On completion of the training participants should be able to:
outline the legislative requirements for drug and alcohol testing, including the offences under the
Rail Safety National Law (NSW)
,
outline their organisation’s requirements
and obligations for
drug and alcohol testing,
describe the respective rights, roles and responsibilities of rail transport operators, rail safety workers engaged in rail safety work, and those involved in the drug and alcohol testing process,
detail best practice principles that ensure privacy and confidentiality, duty of care, provision of information, fairness and gender and cultural sensitivity,
plan and conduct appropriate testing activities and respectful communications about testing activities and outcomes,
Overall learning outcomesSlide6
6
Overall learning outcomes (cont…)
On completion of the training participants should be able to
:
explain their organisation’s required procedures for random, targeted (eg “for cause/on suspicion”) and post-incident testing,
apply appropriate assessment tools and techniques to support testing and to facilitate self-disclosure by rail safety workers,
respond effectively to testing and assessment challenges, including responding to positive test results, providing testing in remote locations, dealing with refusal or failure to undergo testing, and collecting and validating additional assessment information, and
outline notification and record keeping requirements for drug and alcohol testing.Slide7
7
Key requirements of accredited rail transport operator DAMPs
The
Rail Safety National Law
in NSW comprises:
Rail Safety National Law (NSW) No 82a
(RSNL (NSW))
Rail Safety National Law National Regulations 2012
(the
National Regulations
)
Rail Safety (Adoption of National Law) Regulation 2012
(the
NSW Regulation)
Under clause 28 of the National
Regulations
, the DAMP must include the following:
a drug and alcohol policy,
systems and procedures for provision of information and education to rail safety workers on the DAMP,
systems and procedures to ensure confidentiality of personal information obtained from rail safety workers in relation to testing, counselling, treatment or rehabilitation,
details of the testing regime, including testing procedures and procedures for the management of workers in respect of testing resultsSlide8
8
Key requirements of accredited rail transport operator DAMPs (cont…)
measures to be taken by the operator for:
the establishment of rules relating to the use of drugs and alcohol by rail safety workers, and
the identification of workers who have drug and alcohol related problems and referral of workers to assessment, treatment, counselling or rehabilitation,
the obligations of rail safety workers with respect to the management of alcohol and other drug use, and the actions that may be taken by the rail transport operator if there is a breach of those obligations eg
requirement for a worker to notify the operator if a worker may be impaired by alcohol or any other drug,
the provision of education and rehabilitation measures for workers,
disciplinary action,
appeals and grievance mechanisms, and
protocols for fair procedures relating to the operation of the DAMP.Slide9
9
Key requirements of accredited rail transport operator DAMPs (cont…)
In addition, the drug and alcohol testing regime of a rail transport operator accredited in NSW must include the following:
random breath or urine testing
of not less than 25% of rail safety workers in each year, selected using risk management principles (does not apply to heritage operators)
drug and alcohol
testing of rail safety workers involved in a prescribed incident within three hours of the incident, unless there is a reasonable excuse for not doing so
written notification to the Regulator of positive test results, refusal or failure to be tested, and interference with blood or urine samples or with the concentration of alcohol or any other drug in a rail safety worker’s breath, blood or urine before submitting to testingSlide10
10
Exercise 1: Key requirements of your rail transport operator’s DAMP
Read
Information Sheet #1 – “What are the key requirements for rail transport operator DAMPs?”
Review your rail transport operator’s DAMP.
Answer the following questions:
What are 3 key requirements of your rail transport operator’s DAMP?
What are the implications for you as an
authorised
person?
EXERCISESlide11
11
When is testing required?
Testing may be conducted on a random, targeted (eg “for cause/on suspicion”) or post-incident basis.
Testing is mandatory for prescribed incidents.
Accredited rail transport operators (except for heritage operators) are required to conduct random
breath or urine
testing of not less than 25% of their rail safety workers in each year.
Heritage operators may be targeted by the ONRSR’s random testing program.Slide12
12
Requirements for authorised persons….
Only authorised persons may require a rail safety worker to submit to testing.
An authorised person means a police officer, or a person appointed by the Regulator under section 124 of the
RSNL (NSW)
, who is a rail safety officer, or a person who the Regulator considers has
appropriate qualifications or experience
for the performance of relevant functions under the RSNL (NSW).
Authorised persons appointed under section 124 will be issued with an identity card by the Regulator.Slide13
13
Requirements for authorised persons (cont)
Authorised persons are required to produce their identity card if requested by a person who is required to submit to testing.
Accredited rail transport operators must ensure that authorised persons are trained according to training requirements considered appropriate by the ONRSR.
The ONRSR has the power to audit testing procedures and to revoke appointments. Slide14
14
Who is to be tested?
Rail safety workers who perform rail safety work are to be tested under the RSNL
(NSW)
.
The RSNL
(NSW)
defines a “rail safety worker” as
an
individual
who has carried out, is carrying out, or is about to carry out, rail safety work. This includes employees, contractors or volunteers.
The authority of an authorised person may be limited by the relevant instrument of appointment to a particular part of a participating jurisdiction, to a particular railway or to particular rail safety workers, or otherwise.
Rail transport operators may also test other employees (not rail safety
workers) under their DAMP (but this is not required under the RSNL(NSW)).Slide15
15
Rail safety work is….
S 8 of the RSNL (NSW) provides the full definition of rail safety work:
driving or despatching rolling stock;
signalling;
coupling or uncoupling rolling stock;
maintaining, repairing, modifying, monitoring, inspecting or testing rolling stock or rail infrastructure;
Installation of components in relation to rolling stock;
work on or about rail infrastructure relating to the design, construction, repair, modification, maintenance, monitoring, upgrading, inspection or testing of the rail infrastructure;
installation or maintenance of a telecommunications system relating to rail infrastructure, or of electricity supply to rail infrastructure, rolling stock or a telecommunications system;
work involving certification as to the safety of rail infrastructure or rolling stock;
work involving the decommissioning of rail infrastructure or rolling stock;
work involving the development, management or monitoring of safe working systems for railways;
work involving the management or monitoring of passenger safety on, in or at any railway.Slide16
16
Offences for rail safety workers under the
Rail Safety National Law (NSW)
Carrying out
, or attempting to carry out
, rail safety work while:
the prescribed concentration of alcohol (
ie
any concentration of alcohol
) is present in the worker’s breath or blood – section 128(1)(a) of the RSNL (NSW)
NB In NSW, a breath test may measure the amount of alcohol in a person’s
breath or blood
, expressed as the amount of alcohol in grams in 210
litres
of breath or 100
millilitres
of blood) - clause 5 of the NSW Regulation;
a prescribed drug is present in the worker’s oral fluid or blood
- section 128(1)(b) of the RSNL (NSW);
so much
under the influence of alcohol or a drug
as to be incapable of effectively discharging a function or duty of a rail safety worker
- section 128(1)(c) of the RSNL (NSW);
Refusal or failure to be tested - sections 126(3) and 127(3) of RSNL (NSW) and clause 21(1) of the NSW Regulation;
Failure to provide a sample of his or her own blood, oral fluid or urine – clause 21(2) of the NSW Regulation;
Interfering with test results - clause 22 of the NSW Regulation;
Hindering or obstructing a medical practitioner or nurse - clause 23(4) of the NSW Regulation;
and
Interfering or tampering with, or destroying blood or urine samples - clause 24 of the NSW Regulation.Slide17
17
Exercise 2: What are the legislative requirements for testing?
Read
Information Sheet #2 – “What the legislation says about drug and alcohol testing”.
Read
Information Sheet # 3 – “What are the main offences and penalties relating to alcohol or drugs?”
Turn to the Worksheet: Module 1: Exercise 2: “Quiz questions: What are the legislative requirements for testing” in your workbook.
Answer the quiz questions:
Yes or No
EXERCISESlide18
18
Exercise 3: Understanding alcohol and other drugs (optional exercise)
Read
Information Sheet #4 – “Understanding alcohol and other drugs”.
Answer the following questions:
What are 3 of the most significant impacts of alcohol and/or drug overuse on:
- the individual
- the workplace
EXERCISESlide19
19
Module 1: summary
Issues covered were:
Key requirements of accredited rail transport operator DAMPs
Legal obligations of accredited rail transport operators under the
Rail Safety National Law (NSW)
Who can require rail safety workers to submit to testing?
Who is to be tested?
Offences for rail safety workers
Understanding alcohol and other drugs (optional exercise)
Slide20
20
Module 2: Rights, roles and responsibilities
Principles of good practice
The obligations of the rail transport operator
The rights and obligations of rail safety workers who are tested
The role and powers of authorised persons and restrictions on testing
The role and powers of the ONRSR
Rail transport operators’ requirement to implement a DAMPSlide21
21
Principles of good practice:
Privacy and confidentiality
Duty of care
Provision of information
Fairness
Gender and cultural sensitivitySlide22
22
Privacy and confidentiality
The
Privacy and Personal Information Protection Act 1998
requires organisations to protect people’s privacy in a number of circumstances:
information may only be used for the lawful purpose for which it was collected;
collection of personal information directly from the individual and by other means;
retention and security of personal information;
personal information held by agencies;
limits on use of personal information;
limits on disclosure of personal information; and
special restrictions on disclosure of personal information.Slide23
23
Privacy and confidentiality (cont.)
Operators are required to notify the Regulator of matters specified in clauses 28(2)(b)
and 57(1)(b)(xxi)
of the National Regulations.
In addition, under section 244 of the
Rail Safety National Law (NSW
), it is an offence to disclose without lawful authority any information or document obtained while exercising any power or function under the RSNL.Slide24
24
Duty of Care
Rail transport operators and rail safety workers need to be aware of their responsibility to take reasonable steps to prevent injury and to ensure the safety of railway operations.
We all owe a duty of care to other employees, customers and the public. Slide25
25
Provision of information
It is important that rail safety workers are given clear information about the DAMP and how testing occurs.
This should include information about the limits on confidentiality, eg. rail transport operators are required to notify the Regulator of any of the matters specified in clauses 28(2)(b)
and 57(1)(b)(xxi) of the National Regulations
, including positive tests, and this information could ultimately lead to prosecution.
Rail safety workers also need to be aware of the consequences of refusing or failing to be tested. Slide26
26
Fairness
In the case of a positive test, the authorised person should:
explain to rail safety workers what is being alleged; and
listen to the rail safety worker’s explanation.
Fairness - the authorised person should treat the rail safety worker impartially. Slide27
27
Gender and cultural sensitivity
Gender and cultural sensitivity is based on a recognition of the diversity in the workplace and that all employees are to be treated with respect and in a non-discriminatory, non-threatening manner.
Rail transport operators’
DAMPs
need to take into account religious, cultural and gender issues and authorised persons must conduct their testing in ways that reflect these requirements.Slide28
Exercise 1: Duty of confidentiality on authorised persons (RSNL S244)
Scenario: Tanya is a person authorised to undertake drug and alcohol testing under RSNL. She conducts drug and alcohol tests on a rail safety worker, Dan, the driver of a train involved in a spectacular derailment in which miraculously no one is killed or injured.
Dan tests positive for alcohol. He is fully cooperative but during the testing breaks down sobbing. He tells Tanya he was drinking heavily the night before the accident. He was depressed because his wife has left him and his teenage son has been charged with a drug-related offence.
There is intense media interest in the incident. Dan is subsequently charged. Tanya gives evidence of the test results at the hearing. Dan is convicted and fined.
28Slide29
29
Exercise 1: Duty of confidentiality on authorised persons (RSNL S244) (cont.)
Part 1
Before the court hearing:
Tanya’s husband says, “I heard the driver was drunk – is that right?”
Part 2
Before the court hearing:
ONRSR investigators ask for the test results.
Part 3
Dan is convicted. The same night the conviction is reported on the TV news. Tanya’s husband says “That’s the bloke you tested – Gee – he got off lightly – people could’ve been killed.” Tanya then tells her husband about Dan’s wife and son.
EXERCISESlide30
30
The obligations of accredited rail transport operators
Testing requirements for rail transport operators to conduct random testing:
The rail transport operator’s DAMP must provide for the random
breath or urine testing
of not less than 25% of rail safety workers in each year.
Risk management principles must be used to select rail safety workers and to determine the type of test (breath or urine) to be conducted.
Heritage operators are not required to conduct random testing, but may be targeted by the ONRSR’s random testing program.
Operators may conduct oral fluid testing, but this will not form part of the 25% of random testing required by
clause 28(2)(a)(i) of the National Regulations
.Slide31
31
The obligations of accredited rail transport operators (cont...)
Testing requirements for rail transport operators to conduct targeted (eg “for cause/on suspicion”) testing:
The rail transport operator’s DAMP must provide for targeted (eg “for cause/on suspicion”) testing of rail safety workers.
The rail transport operator’s DAMP must provide for the testing of rail safety workers where
an authorised person has a reasonable belief
that the worker might be under the influence of alcohol or a drug. Slide32
32
The obligations of accredited rail transport operators (cont...)
Testing requirements for rail transport operators to conduct post-incident testing:
The rail transport operator’s
(including heritage operators)
DAMP must provide for the testing of rail safety workers involved in a prescribed incident (clause 28(2)(a)(ii) of the National Regulations).
Drug and alcohol
testing must take place within three hours of a prescribed incident, unless the rail transport operator provides a “reasonable excuse” for not doing so.
Authorised persons may also test a worker who is involved in a prescribed notifiable occurrence
(sections 126(1)(e) and 127(1)(e) of the RSNL(NSW)) or is involved in an accident or irregular incident while carrying out rail safety work (sections 126(1)(e1) and 127(1)(e1) of the RSNL(NSW)).Slide33
33
Rail safety workers’ rights and obligations
All rail safety workers who are about to carry out, are carrying out,
are attempting to carry out, are still on railway premises after carrying out rail safety work, or are involved in a prescribed notifiable occurrence
, or are involved in an accident or irregular incident while carrying out rail safety work, may be required to submit to testing.
“About to carry out rail safety work” means the rail safety worker has left home or a temporary residence for work but has not yet commenced work (ie pre-sign-on).
Attempting to carry out rail safety work
”
means that a rail safety worker
is available to carry out rail safety work after signing on for duty.
Under clause 6 of the NSW Regulation, results of testing for a rail safety worker who was about to carry out rail safety work are
not
admissible as an offence under section 128 of the
Rail Safety National Law (NSW).Slide34
34
Rail safety workers’ rights and obligations (cont)
Refusing or failing to undergo testing is an offence.
(NB It is a defence to a prosecution for an offence under clause 21(1) of the NSW Regulation, if the worker was required to submit to a sobriety assessment and was unable to comply on medical grounds.)
Rail safety workers have the right:
to know the consequences of failure or refusal to undergo testing, and
to be advised of outcomes of testing.
Rail safety workers should be informed of:
the desirability of disclosing their use of prescription drugs;
the availability of counselling, treatment and rehabilitation.Slide35
35
Authorised person’s powers, roles and responsibilities
Authorised persons are appointed by rail transport operators under delegation from the Regulator,
and are issued with an ID card by the Regulator.
Authorised persons may
direct rail safety workers to:
undergo a breath test and/or provide a sample of urine
submit to a sobriety assessment
submit to a
breath analysis at the nearest police station or such other place as the authorised person may require
provide blood or urine samples at a hospital
undergo testing by a third party testing service provider, eg. provide urine samples to a collecting agency or blood/urine samples to a medical practitioner/registered nurse at a hospital
Authorised persons are protected from liability for “anything properly and necessarily done” in the course of administering a breath test or breath analysis, conducting a sobriety assessment or taking a sample of urine in the exercise of the functions of an authorised person under the RSNL (NSW) (clause 20(2) of the NSW Regulation).Slide36
36
Authorised person powers, roles and responsibilities (cont…)
Authorised persons (other than police officers)
must not
arrest or detain
rail safety workers.
Authorised persons must not require a rail safety worker to undergo a breath test, assessment, breath analysis or provide a sample of blood or urine (clause 8 of the NSW Regulation):
* if it appears to the authorised person
(because of injuries sustained by the worker)
that it would be dangerous to the worker’s medical condition,
*
3 hours
after the worker carried out the rail safety work (or was due to commence the rail safety work) to which the requisition relates,
* after a worker, who has not been involved in an accident or irregular incident, has ceased to be on duty on a particular day, or
* at the worker’s home, or
* if
the worker is admitted to a hospital after an accident and
the testing is against the advice of a medical practitioner or nurse (clause 13(2) of the NSW Regulation).Slide37
37
What is the main role of the ONRSR?
Enhancing rail safety by monitoring and enforcing the relevant legislation through:
monitoring notifications from rail transport operators of positive test results and refusals;
monitoring
monthly returns
(number of tests) from rail transport operators;
monitoring notifications of any breaches of the NSW Regulation in relation to interfering with test results, or interfering or tampering with or destroying samples;
auditing implementation of DAMPs; and
pursuing prosecutions.
May appoint authorised persons
or delegate this function to rail transport operators. (NB This function has been delegated to operators.)
Issue of identity cards for authorised persons.
May conduct testing.Slide38
38
Exercise 2: What are the rights and obligations of those involved in testing?
Read
Information Sheet #5 – “What are the rights and obligations of those involved with drug and alcohol testing?”
Turn to Worksheet: Module 2: Exercise 2: Quiz questions: “What are the rights, roles and obligations involved in testing?” in your workbook.
Answer the quiz questions:
Yes or No
EXERCISESlide39
39
Exercise 3: Rights, roles and obligations: rail transport operator’s DAMP
Refer to your rail transport operator’s DAMP as a guide.
Refer to Worksheet: Module 2: Exercise 3: – “Whose rights, roles and obligations?” in your workbook.
Read the 3 case studies and
answer the following question:
Is this good practice or poor practice?
EXERCISESlide40
40
Module 2: Summary
Issues covered were:
Principles of good practice – ensuring privacy and confidentiality, duty of care, provision of information, fairness and gender and cultural sensitivity
Obligations of rail transport operators in drug and alcohol testing
Rights and obligations of rail safety workers who are tested
The role and powers of authorised persons and restrictions on testing
The role and powers of the ONRSR
Rail transport operators’ requirement to implement a DAMPSlide41
41
Module 3: Planning the use of equipment and communicating about testing
Planning the use of alcohol breath testing, breath analysis and urine drug testing devices and/or accessing testing service providers
Communicating with rail safety workers who perform rail safety work about testing in a respectful and non-adversarial way
Communicating positive test results, including confirmatory testing
Responding to failure or refusal to undergo testing
The role of third party testing service providersSlide42
42
Drug & alcohol testing equipment & services
Breath testing devices
must:
comply with the AS 3547-1997, “
Breath alcohol testing devices for personal use
”, or be of a type approved by the Governor by order published in the Gazette for the purposes of the
Road Transport (Safety and Traffic Management) Act 1999
;
be fully maintained and calibrated at regular and agreed intervals
Urine samples
must be collected, transported, tested (if tested by a laboratory) and stored in accordance with the requirements of AS/NZS 4308:2008, “
Procedures for specimen collection and the detection and
quantitation
of drugs of abuse in urine
”.
On-site drug screening devices
must use an immunoassay technique that meets the screening test cut-off levels listed in Table 1 of AS/NZS 4308:2008.
Note:
1. Approved laboratory for urine samples – a laboratory accredited by NATA for the purposes of AS/NZS 4308:2008
On-site urine screening procedures are not required to comply with AS/NZS 4308:2008.Slide43
43
Exercise 1: Drug and alcohol testing equipment and procedures scenarios
Read Frequently Asked Question #4.
Read
Information Sheet #6 – “What are the requirements for drug and alcohol testing equipment and services?”
Refer to Worksheet: Module 3: Exercise 1: “Multiple choice scenarios” in your workbook.
Read the multiple choice scenarios and
decide:
Which is the most appropriate response –
A),B),C), or D)?
Why?
EXERCISESlide44
44
Exercise 2: Scripts for informing rail safety workers about testing
Refer to your rail transport operator’s DAMP.
Read Frequently Asked Question #5.
Turn to the Worksheet: Module 3: Exercise 2: “Scripts for informing rail safety workers about testing” in your workbook.
Role play the rail safety worker and the
authorised
person for either
:
“introduction to requiring a breath test”
“introduction to requiring a urine sample”
Debrief the role play using the “debrief of scripts for
authorised
persons” and discuss how the scripts may be improved.
EXERCISESlide45
45
Flowchart resource: procedures for a positive breath test or sobriety assessment
Is a breath testing device available?
Yes
No
Conduct breath test
Conduct sobriety assessment
Rail safety worker is about
to
/ is carrying out rail safety
work
Positive breath test or assessment?
Yes on breath test
Is breath analysis testing equipment available on-site or at nearest police station?
Yes on sobriety assessment
Authorised
person may
direct worker to attend breath analysis testing
Yes
No
Authorised
person may
direct worker to provide blood or urine sampleSlide46
46
Common steps that the authorised person may be required to implement after a positive test result:
notifying those who need to know within the organisation of the positive test result, in accordance with the operator’s procedures,
obtaining full details and documentation of the positive test result,
notifying the rail safety worker in a private and confidential manner,
advising the rail safety worker of the right to have any sample independently analysed,
arranging for the rail safety worker to discuss their test result with the rail transport operator, their manager and/ or HR manager,
maintaining appropriate records of the positive test result,
preparing a written statement, where required,
notifying the ONRSR in accordance with their procedures relating to a positive test result.
Turn to the Worksheet: Module 3: Exercise 3: “Scripts for responding to positive test results”.Slide47
47
Exercise 4: Scripts for responding to refusal or failure to undergo testing
Non-compliance by rail safety workers with the direction of an
authorised
person is a serious offence.
Refer to your rail transport operator’s DAMP and identify procedures for refusal or failure to submit to testing.
Turn to the Worksheet: Module 3: Exercise 4: “Scripts for responding to refusal or failure to undergo testing” in your workbook.
Review the scripts and compare the information with your rail transport operator’s DAMP.
Note any additional information you need to add based on your rail transport operator’s DAMP.
EXERCISESlide48
48
Legal requirements – authorised persons and third party testing service providers: who can do what?
Breath test:
authorised person or police officer
Breath analysis:
authorised person or police officer
Urine sample can be collected by:
authorised person, or collecting agency under direction of an authorised person, or police officer
Blood/urine sample taken at a hospital:
medical practitioner or suitably qualified registered nurse informed to do so by an authorised person or police officer
Urine screening:
on-site drug screening device (with an immunoassay technique that meets the screening test cut-off levels listed in Table 1 of AS/NZS 4308:2008) operated by an authorised person or collecting agency, or screening by analyst at an approved laboratory
Blood/urine analysis:
analyst at an
approved laboratory
Note:
Approved laboratory for blood samples
– the laboratory at the NSW Forensic and Analytical Science Service at Lidcombe
, Western Sydney Local Health District.
Approved laboratory for urine samples
– a laboratory accredited by NATA for the purposes of AS/NZS 4308:2008.
On-site urine screening procedures
are not required to comply with AS/NZS 4308:2008.
.Slide49
49
Legal requirements – authorised persons and third party testing service providers: blood samples
Action to take - blood samples (clause 16 of the NSW Regulation)
Medical practitioner/nurse must:
place blood sample into container
fasten and seal container
mark or label container for future identification
provide rail safety worker with identification certificate
hand sample over to authorised person/police officer asap
Authorised person/police officer must:
place sample in security box and lock the box
submit sample to approved laboratory asap for analysis by an analyst
Analysis of samples:
Blood analysis: to determine alcohol concentration or presence of alcohol or drug/s
Worker may, within 12 months, arrange for a portion of the sample to be analysed at their own expense by a medical practitioner or laboratorySlide50
50
Legal requirements – authorised persons and third party testing service providers: urine samples
Action to take - urine samples (clause 18 of NSW Regulation)
The collection, transportation, laboratory testing and storage of urine samples must comply with AS/NZS 4308:2008.
Screening testing may be carried out by an authorised person or collecting agency using an on-site drug screening device (with an immunoassay technique that meets the screening test cut-off levels listed in Table 1 of AS/NZS 4308:2008, or by an analyst at an approved laboratory.
If confirmatory testing is required (drug/s present):
for sample screened on-site, authorised person must arrange to submit sample to an approved laboratory, or
for sample screened at an approved laboratory, an analyst at an approved laboratory must conduct confirmatory testing on the sample
Analysis of samples:
Urine analysis: to determine presence of drug/s
Worker may, within 3 months, arrange for a portion of the sample to be analysed at their own expense at an approved laboratory
Note:
1. An approved laboratory is a laboratory accredited by NATA for the purposes of AS/NZS 4308:2008.
2. On-site urine screening procedures are not required to comply with AS/NZS 4308:2008.Slide51
51
Legal requirements – authorised persons and third party testing service providers: medical practitioners and nurses
If directed by an authorised person, a medical practitioner or registered nurse (who is accredited by a hospital as competent to perform the sampling procedures) must take a blood or urine sample (clauses 13 and 15 of the NSW Regulation).
Any medical practitioner or nurse who refuses or fails to take a blood sample or who does not comply with the requirements of clause 16 of the NSW Regulation is guilty of an offence (clause 23) unless:
taking a sample would be prejudicial to the rail safety worker’s proper care and treatment
the rail safety worker’s behaviour precludes the taking of a sample
they can demonstrate that there was other reasonable cause not to take the sample
It is the responsibility of the authorised person to ensure that urine samples taken at a hospital are dealt with in accordance with AS/NZS 4308:2008. (It is no longer the responsibility of medical practitioners and nurses.)
Medical practitioners and nurses are protected from liability for “anything properly and necessarily done” in the course of taking the samples (clause 20 of the NSW Regulation).Slide52
52
Certificates of Evidence
A “Certificate of Evidence” is given to certify:
concentration of alcohol in breath or blood determined by breath analysis (clause 28 of the NSW Regulation)
concentration of alcohol in blood determined by analysis of blood sample (clause 29 of the NSW Regulation)
presence of drugs in blood or urine determined by analysis of blood or urine samples (clause 29 of the NSW Regulation)Slide53
53
Module 3: summary
Topics covered were:
Planning the use of breath testing, breath analysis and urine drug testing devices and/or accessing testing service providers
Communicating with rail safety workers in a respectful and non-adversarial way
Communicating positive test results, including confirmatory testing
Responding to failure or refusal to undergo testing
The role of third party testing service providers such as medical practitioners, nurses and contracted testing service providers Slide54
54
Module 4: Random testing
Selecting and informing rail safety workers of random testing
Planning for random testing, including procedures and documentation
Random testing scenarios
NOTE:
Heritage operators are not required to conduct random testing.
Rail transport operators (except heritage rail transport operators) are required to randomly test not less than 25% of their rail safety workers in each year, selected using risk management principles.
Operators may conduct oral fluid testing, but this will not form part of the 25% of random testing required by
clause 28(2)(a)(i) of the National Regulations
.Slide55
55
Issues to consider in planning random testing
Determine:
how rail safety workers will be selected for testing and the type of testing (breath or urine) to be conducted; and
whether higher risk job categories may need to be tested more often;
the impact testing will have on railway operations;
the resources available to do the testing i.e. equipment, third party testing service providers, access to breath analysis devices & urine testing;
the amount of time each test requires;
the number of rail safety workers your rail transport operator needs to test per year; and
what and how testing information is to be documented.Slide56
56
Exercise 1: Planning random drug and alcohol testing activities (optional)
Refer to your rail transport operator’s DAMP.
Read
Information Sheet #7 – “Planning and
organising
issues for
authorised persons
”.
Read Frequently Asked Questions #8 and #9.
Complete the Worksheet: Module 4: Exercise 1: “Checklist for planning drug and alcohol testing activities” in your workbook.
EXERCISESlide57
57
Exercise 2: Random drug and alcohol testing practice scenarios
Refer to your rail transport operator’s DAMP.
Refer to the Worksheet: Module 4: Exercise 2: “Random drug and alcohol testing practice scenarios” in your workbook.
Record the factors to consider, suggested responses and proposed actions for each of the scenarios.
EXERCISESlide58
58
Module 4: summary
Issues covered were:
Selecting and informing rail safety workers of random testing
Planning for random testing, including procedures and documentation
Random testing scenariosSlide59
59
Module 5: “For cause/on suspicion” testing
Assessing the need for “for cause/on suspicion” testing: techniques, including sobriety assessment
Receiving and responding to information about rail safety workers allegedly under the influence
Assessment challenges - misreading the cues
Self-disclosure of medications in the workplace
Testing in remote locations (optional)
Additional recording requirements for “for cause/on suspicion” testing
Note: “For cause/on suspicion” testing is a form of targeted testing.Slide60
60
Do I have a reasonable belief that a worker might be under the influence of alcohol or a drug?
The most common ways of forming a reasonable belief or a suspicion is through observations and recognising possible indicators of being under the influence, and from disclosures or allegations made.
Authorised persons should consider whether the behaviour is out of character or is that person’s usual presentation.
Authorised persons should consider the symptoms and whether they may be due to causes other than drugs and alcohol, such as
an illness or other medical condition
.
Identifying the drug in the rail safety worker’s system is the role of the approved laboratory undertaking the toxicology tests.Slide61
61
Exercise 1: Case studies – indicators of being under the influence
Refer to the Worksheet: Module 5: Exercise 1: “Case studies: Indicators of being under the influence” in your workbook.
Refer to
Information Sheet #4 – “Understanding alcohol and other drugs”.
Consider the possible cause and your proposed action for each scenario.
Review the scripts for approaching a rail safety worker where you have a reasonable belief that the worker might be under the influence of alcohol or a drug.
EXERCISESlide62
62
Sobriety assessment
Under clause 10 of the NSW Regulation:
If the device required to carry out a breath test is not readily available, an authorised person may require a rail safety worker to submit to a sobriety assessment.
Under clause 11 of the NSW Regulation:
If it appears as a result of the breath test or sobriety assessment that the prescribed concentration of alcohol may be present in a rail safety worker’s breath or blood, or the worker refuses or fails to undergo a breath test or to submit to a sobriety assessment, the authorised person may require the worker to submit to a breath analysis.
Under clause 14 of the NSW Regulation:
Where an authorised person has a reasonable belief that, by the way in which a rail safety worker was acting, the worker might be under the influence of alcohol or a drug, the authorised person may require the worker to provide a sample of blood or urine if:
the worker has undergone a breath test and the test result does not permit the worker to be required to submit to a breath analysis, and
the worker either refuses to submit to a sobriety assessment or, after the assessment is made, the authorised person has a reasonable belief that the worker is under the influence of alcohol or a drug.Slide63
63
Exercise 2: “For cause/on suspicion” testing – drug and alcohol sobriety assessment
Review the Worksheet: Module 5: Exercise 2: “Drug and alcohol sobriety assessment” in your workbook and study the 2 sheets.
Divide into pairs, one participant to role play a rail safety worker under the influence of alcohol or drugs.
The other participant to commence a sobriety assessment using the drug and alcohol sobriety assessment sheet to identify all the indicators demonstrated by their colleague - the more the better!
NOTE: Research shows that sobriety testing, on its own, is not a reliable form of testing. Therefore this form of testing should be combined with other forms of testing such as breath analysis or urine testing.
EXERCISESlide64
64
Exercise 3: Responding to information about rail safety workers allegedly under the influence
Review the Worksheet: Module 5: Exercise 3: “Practice Checklist: questions to consider when assessing “reasonable belief of under the influence” in your workbook.
Identify 2-3 pieces of information which would support an allegation of being under the influence.
Identify 2-3 pieces of information that would challenge an allegation of being under the influence.
EXERCISESlide65
65
Exercise 4: Assessment challenges –misreading the cues
Read Frequently Asked Question #11.
Read the Worksheet: Module 5 “Reasonable belief of under the influence scenario – misreading the cues” in your workbook.
Answer the following questions:
Do you have a
reasonable belief that Joe may be under the influence? Why or why not?
How would you manage this situation if it occurred in your workplace?
EXERCISESlide66
66
Reasonable belief: self-disclosure of medications in the workplace
Rail safety workers should :
advise their manager/supervisor if they are taking prescribed medication or over-the-counter medication that may or does impair their fitness
prior
to commencing rail safety work or becoming affected while undertaking rail safety work, and
take advice on whether to cease rail safety work immediately
.
Authorised persons should ask the rail safety worker when undertaking a “for cause/on suspicion” test:
if they are taking prescription medication or over-the-counter medication?
what type of medication and what are the side-effects?
if they have informed their manager/supervisor? Slide67
67
Exercise 5: Testing in remote locations
Refer to your rail transport operator’s DAMP.
Read the Worksheet: Module 5: Exercise 5: “Testing in remote locations: challenges and solutions” in your workbook.
Brainstorm 2-3 challenges in doing “
for cause/on suspicion”
testing in remote locations.
Note 1-2 workable solutions for each challenge.
EXERCISESlide68
68
Additional recording requirements for “for cause/on suspicion” testing
There needs to be more than a hunch or hearsay before a rail safety worker can be required to undergo “for cause/on suspicion” testing.
The most common ways of forming a reasonable belief or a suspicion is through observations and recognising possible indicators of being under the influence, and from disclosures or allegations made.
In recording testing results, the focus should be on recording how or why an authorised person formed a reasonable belief that a rail safety worker was under the influence of alcohol or a drug.Slide69
69
Module 5: summary
Issues covered were:
Assessing reasonable belief: techniques, including sobriety assessment
Receiving and responding to information about rail safety workers allegedly under the influence
Assessment challenges – misreading the cues
Self-disclosure of medications in the workplace
Testing in remote locations (optional)
Additional recording requirements for “for cause/on suspicion” testingSlide70
70
Module 6: Post-incident testing
The types of incidents for which post-incident testing is required
Identifying who should be tested after incidents
Procedures for post-incident testing including testing in remote locations and restrictions on testing due to serious medical conditionsSlide71
71
Post-incident testing requirements
Unless a rail transport operator (including heritage operators) provides a “reasonable excuse” for not testing, testing must take place within 3 hours after a prescribed incident:
a collision between
rolling stock
a collision between
rolling stock
and a person
a collision between
rolling stock
and a road vehicle or plant equipment
the derailment of
rolling stock
a breach of the
rail infrastructure manager’s network rules
or
any other incident that the Regulator may declare in writing to a rail transport operator to be a type of prescribed incident in respect of the operator’s railway operations.
Both drug and alcohol testing is required after a prescribed incident in NSW.
Authorised persons may also test rail safety workers involved in a prescribed notifiable occurrence
or an accident or irregular incident
.Slide72
72
What may be considered a reasonable excuse for failing to conduct post-incident testing?
Logistical difficulty with testing within the 3 hour limit
NB. Distance may not necessarily be regarded as a reasonable excuse. Contingency plans should address the need for testing in remote locations.Slide73
73
Exercise 1: Case studies for post-incident testing
Refer to your rail transport operator’s DAMP.
Read the Worksheet: Module 6: Exercise 1: “Case studies for post-incident testing” in your workbook.
Answer the questions for each case study progressively.
EXERCISESlide74
74
Case studies for post-incident testing: Scenario 1 – the types of incidents for which post-incident testing is required
A driver of many years experience with a sound safety record has passed a “signal at danger”.Slide75
75
Case studies for post-incident testing: Scenario 2 – identifying who should be tested after incidents
A group of rail safety workers and some contractors for another rail transport operator are jointly working on rail safety work. They are witnesses to an accident which occurs during the performance of track work. One of the group of rail safety workers is injured as a result of the accident. One of the rail safety workers shouts “what were you doing, are you drunk or something?” at the contractor who appeared to have caused the accident.Slide76
76
Case studies for post-incident testing: Scenario 3 – procedures for post-incident testing
A rail safety worker engaged in rail safety work has been injured and has been taken to hospital for treatment following the derailment of a train.Slide77
77
Module 6: summary
Issues covered were:
The types of incidents for which post-incident testing is required
Identifying who should be tested after incidents
Procedures for post-incident testing including testing in remote locations and
restrictions on testing due to serious medical conditionsSlide78
78
Module 7: Managing notification responsibilities, record keeping and other testing issues
Record keeping requirements for documenting testing events and results
Notification and documentation requirements for reporting to ONRSR
Safety issues for authorised persons
Concluding the courseSlide79
79
Why is record keeping important for drug and alcohol testing?
The rail transport operator must be able to demonstrate it is complying with the RSNL(NSW).
The ONRSR requires positive tests and refusals or failures to undergo testing to be reported.
A clear “chain of custody” can be demonstrated for testing urine samples which complies with the Australian Standard and is therefore difficult to challenge legally.
The rights of individual rail safety workers are protected through complete and accurate records of their participation in testing and of testing outcomes.Slide80
80
Exercise 1: Rail transport operator record keeping requirements
Discuss your rail transport operator’s DAMP record keeping requirements.
Read the Worksheet: Module 7: Exercise 1: “Rail transport operators’ record keeping requirements” in your workbook.
Record the details under the relevant headings for 3 forms or records required to be kept for testing activities.
EXERCISESlide81
81
Notification to the ONRSR
Rail transport operators are required to notify the ONRSR of positive test results as a Category B notifiable occurrence on the OCCURRENCE NOTIFICATION FORM.
Rail transport operators in NSW are also required to notify the ONRSR of:
positive test results;
refusal or failure to undertake a test; and
any breaches of the NSW Regulation in relation to interfering with test results, or interfering or tampering with or destroying samples
NOTIFICATION FORM - Drug and Alcohol Testing in NSW - is used.
The forms are to be completed within 72 hours of receiving test results.
The authorised person should confirm that the rail safety worker was:
carrying out, or about to carry out, or
attempting to carry out
, rail safety work at the time of the test, or
still on railway premises after carrying out rail safety work, or
involved in a prescribed notifiable occurrence
, or
in an accident or irregular incident while carrying out rail safety work.Slide82
82
Drug and Alcohol Testing Monthly Return
Rail transport operators
(including heritage operators)
are required to notify the ONRSR on
a monthly basis
of the total number of drug and alcohol tests undertaken.
ONRSR FORM –
Periodic Information Monthly Return
is used.
Data is collected on
the total number of drug and alcohol tests undertaken
for a range of different worker categories.Slide83
83
Summary of the ONRSR’s role in drug and alcohol testing
ONRSR :
Receives:
notifications of positive test results and refusals / failures to undergo testing to determine appropriate action including prosecution
testing data (monthly) to monitor the overall testing program across the rail industry
notifications of any breaches of the NSW Regulation in relation to interfering with test results, or interfering or tampering with or destroying samples
Audits
DAMPs
to monitor compliance
May appoint authorised persons
or delegate this function to rail transport operators
Issues identity cards for authorised persons
May conduct testingSlide84
84
Exercise 2: Safety issues for authorised persons
Ask participants to consider a situation arising during testing when a rail safety worker becomes violent towards
an authorised person
?
Discuss the question: what are helpful things to do or say if a rail safety worker becomes violent towards the
authorised person
?
Refer to the checklist “What to do during an incident of violence and aggression” in your participant’s workbook.
EXERCISESlide85
85
Module 7: summary
Issues covered were:
Record keeping requirements for documenting testing events and results
Notification and documentation requirements for reporting to the ONRSR
Safety issues for authorised persons Slide86
86
Course conclusion:Summary of drug and alcohol testing
authorised
person training
Modules covered were:
1. Legislative requirements
2. Rights, roles and responsibilities
3. Planning the use of equipment and communicating about testing
4. Random testing
5. “For cause/on suspicion” testing
6. Post-incident testing
7. Managing notification responsibilities, record keeping and other testing issues