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May 2013

Participant’s workbook

Model training course for drug and alcohol testing authorised persons appointed by rail transport

operators accredited in NSW

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 tests 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.

Contents

PARTICIPANT’S WORKBOOKWORKBOOK

Course outline

Overall learning outcomes

Module 1: Course overview and legislative requirements

Overall Learning Outcomes Module 1 Content Module 1 Learning Outcomes Exercise 1: Key requirements of your rail transport operator’s drug and alcohol management program Exercise 2: Quiz questions: Legislative requirements for testing Information Sheet #1: What are the key requirements for drug and alcohol management programs? Information Sheet #2: What the legislation says for drug and alcohol testing? Information Sheet #3: What are the main offences and penalties relating to alcohol or other drugs? Information Sheet #4: Understanding alcohol and other drugs

Module 2: Rights, roles and responsibilities

Module 2 Content Module 2 Learning outcomes Principles of good practice in testing Exercise 1:Duty of Confidentiality on Authorised Persons (RSNL s244) Exercise 2: Quiz questions: Rights , roles and obligations Exercise 3: Worksheet: Whose rights, roles and obligations Information Sheet #5: What are the rights and obligations of those involved with drug and alcohol testing?

Module 3: Planning the use of equipment and communicating about testing

Module 3 Content Module 3 Learning outcomes Exercise 1: Drug and alcohol testing equipment and procedures multiple choice scenarios Exercise 2: Worksheet: Scripts for authorised persons Exercise 2 (Cont.) : Debrief of scripts for authorised persons Flowchart Resource: Procedures for a positive breath test or sobriety assessment Exercise 3: Scripts for responding to positive test results Exercise 4: Scripts for responding to refusal or failure to undergo testing Pro-forma: Breath analysis conducted in accordance with the Rail Safety National Law (NSW) and

Certificate of Evidence under Clause 28 of the Rail Safety (Adoption of National Law) Regulation 2012 Information Sheet # 6: What are the requirements for drug and alcohol testing equipment and services?

Module 4: Random testing

Module 4 Content Module 4 Learning outcomes Exercise 1 : Planning random drug and alcohol testing activities Exercise 2: Random drug and alcohol testing scenarios Information Sheet #7: Planning and organising issues for authorised persons

DRUG AND ALCOHOL TESTING AUTHORISED PERSONS’ TRAINING COURSE – PARTICIPANT’S WORKBOOK | PAGE 2 OF 66

Module 5: “For cause/on suspicion” testing

Module 5 Content Module 5 Learning outcomes Exercise 1: Case Studies Exercise: Indicators of being under the influence Sample 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 Exercise 2: Worksheet: “For cause/on suspicion” testing – drug and alcohol sobriety assessment Exercise 3: Worksheet: Responding to information about rail safety workers allegedly under the influence Exercise 4: Assessment challenges - misreading the cues Exercise 5: Testing in remote locations (optional)

Module 6: Post-incident testing

Module 6 Content Module 6 Learning outcomes Exercise 1: Case studies for post-incident testing

Module 7: Managing notification responsibilities, record keeping and other testing issues; course conclusion

Module 7 Content Module 7 Learning outcomes Exercise 1: Rail transport operator record keeping requirements (optional) Resource Sheet: Managing notification responsibilities, record keeping and other testing issues Checklist of what to do during an incident of violence and aggression Course conclusion

Frequently Asked Questions

1. What does a new drug and alcohol testing authorised person need to know in terms of knowledge and skills?2. How do people get selected to become drug and alcohol testing authorised persons? Are they nominated,

directed or do they apply for a position as an authorised person?3. What are the different approaches to testing?4. How do you resource drug and alcohol testing? Do authorised persons undertake all forms of testing? Can

you use contracted testing services, particularly for drug testing?5. How do you explain to rail safety workers the different types of testing requirements?6. What records do I need to maintain of testing activities?7. What confidentiality and privacy provisions do I need to follow?8. How is the random testing program planned?9. What indicators are used for “for cause/on suspicion” testing?10. What are the procedures the authorised person may be involved in if there is a positive drug test?11. What personal safety issues may an authorised person sometimes need to contend with in drug testing e.g.

infection control or dealing with aggression and violence?12. How would you arrange for testing in remote locations?13. What drugs could a rail safety worker test positive for?14. As an authorised officer, can I carry out oral fluid testing?15. Can I test non-rail safety workers at a worksite?16. A person has just been to the toilet before I direct them to undergo a urine test and they ask if they can go

and get a drink. Can I let them?


COURSE OUTLINEModule 1: Course overview and legislative requirements Course overview, program aims and

learning outcomes Key requirements of accredited rail

transport operator drug and alcohol management programs

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)

Module 2: Rights, roles and responsibilities Principles of good practice - ensuring

privacy and confidentiality, duty of care, provision of information, fairness and gender and cultural sensitivity

The obligations of the accredited rail transport operator

The rights and obligations of rail safety workers who are tested: the requirement to submit to testing the desirability to disclose the use of

prescription drugs advice of outcomes of testing the consequences of failure or refusal

to undergo testing the availability of support and

assistance The role and powers of authorised

persons and restrictions on testing The role and powers of the ONRSR Rail transport operator’s requirement to

implement a drug and alcohol management program

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 about testing requirements, procedures

and outcomes 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

Module 4: Random testing Selecting and informing rail safety

workers of random testing Planning for random testing, including

procedures and documentation Random testing scenarios

Module 5: “For cause/on suspicion” testing 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” testing

Module 6: Post-incident testing The types of incidents for which post-

incident testing is required Identifying who should be included in

post-incident testing Procedures for post-incident testing

including testing in remote locations and restrictions on testing due to serious medical conditions

Module 7: Managing notification responsibilities, record keeping and other testing issues; course conclusion Record keeping requirements for

documenting testing events and results Notification and documentation

requirements for reporting to ONRSR Safety issues for authorised persons Concluding the course

OVERALL LEARNING OUTCOMES

On successful completion of the training program 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 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 to 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

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

Outline notification and record keeping requirements for drug and alcohol testing


MODULE 1 OUTLINECourse overview and legislative requirements

Content

Course overview, program aims and learning outcomes Key requirements of accredited rail transport operator drug and alcohol management programs 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)

Learning Outcomes

At the end of the module, participants should be able to: summarise the key requirements of their rail transport operator’s drug and alcohol

management program outline the legal obligations for accredited rail transport operators in implementing a drug and

alcohol management program describe who is to be tested as a rail safety worker explain what prescribed concentration of alcohol in breath or blood and “under the influence” of

alcohol or a drug mean under the Rail Safety National Law (NSW) describe the offences for rail safety workers under the legislation explain the effects of alcohol and drug use (optional exercise).


Module 1: Exercise 1: Key requirements of your rail transport operator’s drug and alcohol management program

What are three key requirements of your rail transport operator’s drug and alcohol management program?

What are the implications of these requirements for you as an authorised person?

Module 1: Exercise 2: Quiz questions: What are the legislative requirements for testing?

What are the Legislative Requirements for Testing?

Read each example to decide whether or not it is a legislative requirement for drug or alcohol testing. Write down your reasoning for discussion.

1. Heritage rail transport operators are required to conduct their own Yes or Norandom testing program each year?

2. Drug and alcohol testing is mandatory for “prescribed” incidents? Yes or No

3. Accredited rail transport operators are required to do all their own Yes or No testing, and appointment and training of authorised persons?

4. All rail safety workers who perform rail safety work may be tested Yes or Nounder the legislation?

5. Refusing or failing to undertake a drug or alcohol test is considered Yes or Noan offence under the legislation?

6. It is an offence for a rail safety worker to perform rail safety work with Yes or Noa prescribed concentration of 0.01 alcohol in the breath or blood?

7. Double jeopardy means that a rail safety worker who performs rail Yes or Nosafety work cannot be convicted on more than one offence arising out of a drug or alcohol related incident?


Module 1: Exercise 3: Understanding alcohol and other drugs (optional exercise)

Read Information Sheet 4 Understanding alcohol and other drugs

What are three of the most significant impacts of alcohol and/or drug overuse on:

- the individual?- the workplace?


INFORMATION SHEET #1: What are the key requirements for accredited rail transport operator drug and alcohol management programs?

What are key requirements of drug and alcohol management programs (DAMPs) according to the clause 28 of the Rail Safety National Law National Regulations 2012? Refer to the legislation for the complete text.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 clause28 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 results

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.

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, using risk management principles to select the workers and determine the type of test (breath or urine) to be conducted (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 sowritten 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 testing


INFORMATION SHEET #2: What the legislation says about drug & alcohol testing

When is testing required?

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 (specified in clause 57(1)(b)(xxi) of the National Regulations), 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).

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).

Testing may be conducted on a random, targeted or post-incident basis (NB. “For cause/on suspicion” testing is a form of targeted testing).Testing is mandatory within 3 hours of a prescribed incident unless there is a reasonable excuse.

Accredited rail transport operators (except for heritage rail transport operators) are required to conduct random testing of not less than 25% of their rail safety workers each year. Heritage rail transport operators may be targeted by ONRSR’s random testing program.

The 25% of random testing must be undertaken by breath or urine testing. [Oral fluid tests do not count towards the 25% testing total.]

Who is to be tested?

Rail safety workers who perform rail safety work. As defined in the Rail Safety National Law

(NSW), a “rail safety worker” means an individual who has carried out, is carrying out or is about to carry out rail safety work. This includes employees, contractors or volunteers who perform rail safety work.

Rail safety work includes the following: driving or despatching rolling stock or any other

activity which is capable of controlling or affecting the movement of rolling stock,

signalling (and signalling operations), receiving or relaying communications or any other activity which is capable of controlling or affecting the movement of rolling stock,

coupling or uncoupling rolling stock, maintaining, repairing, modifying, monitoring,

inspecting or testing:(i) rolling stock , including checking that the

rolling stock is working properly before being used, or

(ii) 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 or associated works or equipment, including checking that the rail infrastructure is working properly before being used,

installation or maintenance of:(i) a telecommunications system relating to rail infrastructure or used in connection withrail infrastructure, or(ii) the means of supplying electricity directly to rail infrastructure, any rolling stock using rail infrastructure or a telecommunications system,

work involving certification as to the safety of rail infrastructure or rolling stock or any part or component of rail infrastructure or rolling stock,

work involving the decommissioning of rail infrastructure or rolling stock or any part or component 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,

any other work that is prescribed by the national regulations to be rail safety work.

NB. 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.

What are the requirements for drug and alcohol testing authorised persons?

An authorised person means a police officer, or a person appointed by the Regulator under section 124 of the Rail Safety National Law (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 Rail Safety National Law (NSW)

INFORMATION SHEET #2: What the legislation says about drug & alcohol testing (cont.)

Accredited rail transport operators may appoint Authorised persons appointed under section 124


their own drug and alcohol testing authorised persons under delegation from the Regulator and must ensure that authorised persons are trained according to the training requirements considered appropriate by the ONRSR for the purposes of section 124 of the Rail Safety National Law (NSW).

will be issued with an identity card by the Regulator.

Authorised persons are required to produce their identity card if requested by a person who is required to submit to testing.

The ONRSR has the power to audit testing procedures and to revoke authorisations.


INFORMATION SHEET #3: What are the main offences and penalties relating to alcohol or other drugs?

What are the main offences for rail safety workers carrying out rail safety work? A rail safety worker who carries out rail safety

work while the prescribed concentration of alcohol is present in the rail safety worker’s breath or blood is guilty of an offence under section 128(1)(a) of the Rail Safety National Law (NSW) . The prescribed concentration means any concentration of alcohol in 210 litres of breath or 100 millilitres of blood.

A rail safety worker who carries out rail safety work while a prescribed drug is present in the rail safety worker’s oral fluid or blood is guilty of an offence under section 128(1)(b) of the Rail Safety National Law (NSW) . A prescribed drug means any of the following:delta-9-tetrahydrocannabinol (Cannabis);Methylamphetamine (Methamphetamine)3,4-Methylenedioxymethylamphetamine

(MDMA) A rail safety worker who carries out rail safety

work while 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 is guilty of an offence under section 128(1)(c) of the Rail Safety National Law (NSW).

A rail safety worker who when required, fails to submit to a preliminary breath test or breath analysis is guilty of an offence under section 126(3) of the Rail Safety National Law (NSW).

A rail safety worker who refuses or fails to submit to a sobriety assessment, or fails to provide a sample of his or her own blood, oral fluid or urine, is guilty of an offence under clause 21 of the Rail Safety (Adoption of National Law) Regulation 2012

A rail safety worker who when required, fails to submit to a drug screening test, urine screening test, oral fluid analysis or blood test is guilty of an offence under section 127(3) of the Rail Safety National Law (NSW).

A rail safety worker who interferes with the results of their testing or that of another rail safety worker is guilty of an offence under clause 22 of the Rail Safety (Adoption of National Law) Regulation 2012

A person hindering or obstructing a medical practitioner, nurse or other person in attempting to take a blood or urine sample of any other person is guilty of an offence under clause 23(4) of the Rail Safety (Adoption of National Law) Regulation 2012

A person interfering or tampering with, or destroying samples of a person’s blood, oral fluid or urine is guilty of an offence under clause 24 of the Rail Safety (Adoption of

What are the penalties for each offence?OFFENCE MAXIMUM

PENALTYCarrying out rail safety work with prescribed concentration of alcohol in breath or blood - section 128(1)(a)

$10,000

Carrying out rail safety work while a prescribed drug is present in oral fluid or blood – section 128(1)(b)

Carrying out rail safety work under the influence of alcohol or a drug - section 128(1)(c)

$10,000

$10,000

Failing to undergo a preliminary breath test or breath analysis - section 126(3)-

$10,000

Refusing or failing to be tested by submitting to a sobriety assessment, or fails to provide a sample of his or her own blood, oral fluid or urine – clause 21 of the NSW Regulation

Failing to undergo a drug screening test, urine screening test, oral fluid analysis or blood test – section 127(3)

Interfering with the results of testing of a rail safety worker -clause 22 of the NSW Regulation

A person hindering or obstructing a medical practitioner, nurse or other person - clause 23(4) of the NSW Regulation

A person interfering or tampering

10 penalty units*

$10,000

25 penalty units* or imprisonment for 9 months, or both

20 penalty units

20 penalty units*


National Law) Regulation 2012

A rail safety worker is defined under the Rail Safety National Law (NSW) as an individual who has carried out, is carrying out or is about to carry out rail safety work and may include an employee, contractor or volunteer.What does double jeopardy mean under the Rail Safety National Law (NSW)? Double jeopardy means that a rail safety worker

who performs rail safety work cannot be convicted of more than one offence arising out of a drug or alcohol related incident.

Rail transport operators need to be very clear about the nature of an offence and how a positive test result is to be treated and managed in terms of the Rail Safety National Law (NSW) and their rail transport operator’s drug and alcohol management program.

with, or destroying samples – clause 24 of the NSW Regulation

* Penalty units are currently set at $110 per penalty unit


INFORMATION SHEET #4: Understanding alcohol and other drugs

What are the harms associated with alcohol?Two main patterns of alcohol misuse create a risk of harmful consequences for the drinker and/or by the drinker. Excessive drinking on a particular occasion or day.

This can result in immediate or short term harm from “problems of intoxication” or binge drinking (eg. alcohol related violence, risky behaviours, road accidents and falls).

Consistent high-level drinking over months and years. As well as short term harm on any one occasion of drinking, this can also result in long term physical and mental health problems (eg. cirrhosis of the liver, cancer, heart and vascular disorders, memory problems, and alcohol dependence as well as social consequences that can affect drinkers, their families and local communities).

What are the consequences of excessive drinking?

How is the harm increased? When alcohol is consumed in excessive amounts

above the guidelines set by the National Health and Medical Research Council.

In the presence of other risk factors, such as medications, drugs and risky activities such as driving or operating machinery.

By people who consume alcohol and are at greater risk because of their age, size, sex or other condition that makes them more vulnerable to the effects of alcohol.

According to the guidelines from the National Health and Medical Research Council for safe drinking limits women consuming up to 2 standard drinks per day have low risk of harm, women consuming 2-4 standard drinks per day have medium risk and women who consume more than 4 standard drinks have harmful effects. Men who consume up to 4 standard drinks per day have low risk of harm, men who drink 4-6 standard drinks per day have medium risk and men who consume more than 6 standard drinks have harmful effects.

Everyone should have at least 2 alcohol free days per week according to the guidelines.

A standard drink includes 1 schooner of light beer, a middie of beer, a 100 ml glass of wine, 1 nip of spirits or a 60 ml glass of port or sherry.


Short term health consequences(risks from excessive drinking on a single day)

Harms to physical health:Risk-taking behaviour, accidents, falls, injury and

death, as consequences of the brain’s reduced control over reaction time, co-ordination, thinking and speech, and at highest levels – all systems of the body, leading to unconsciousness;

Some types of heart problems and stroke, by affecting heart rate, blood pressure and blood flow;

Gut irritation and diarrhoea;Inflamed pancreas;Sexual problems

Harms to mental health:Suicidal behaviour;Interacting with stress in some situations;Aggravating sleep disorders.

Long term health consequences(risks from regular excessive drinking)

Harms to physical health:Cirrhosis of the liverCancer, especially of the mouth, throat and

esophageus;Range of diseases affecting the heart and blood,

and including stroke and hypertension;Harm to the unborn baby; Problems with the nerves of the arms and legs;Sexual problems, especially male impotence

Harms to mental health:Alcohol dependence;Problems with memory and reasoning;Alcohol related brain injury.

INFORMATION SHEET #4: Understanding Alcohol and Other Drugs (cont.)What is alcohol?

Alcohol is a drug that slows down the brain and nervous system. It is the most widely used drug in Australia. Drinking a small amount is not harmful for most people, but regular drinking of a lot of alcohol can cause health, personal and social problems. Alcohol slows down the messages sent between the brain and the rest of the body.

Because alcohol affects sight and co-ordination, drinking often causes accidents.

The effects of alcohol differ from person to person, depending on:

how much you drink how quickly you drink it your size and weight whether you are male or female how good your general health is how healthy your liver is where you drink whether you drink alone whether you use alcohol with other drugs

What are drugs?A drug is any substance, except for food and water, which when taken into the body changes the way the mind and/or body functions. Therefore medicines, caffeine, tobacco, inhalants, alcohol, cannabis, heroin and steroids are all drugs.

Drugs are often grouped according to their effect on the central nervous system. There are 3 main groups: Depressants which slow down the nervous

system and the messages being sent to and from the brain. The heart rate and breathing also slow down.

Stimulants which speed up the central nervous system and the messages going to and from the brain. They increase the heart rate, body temperature and blood pressure.

Hallucinogens which affect perception. People who have taken them may see or hear things in a distorted way. The senses become confused, especially time, sound and colour. The effects of hallucinogens vary greatly and are not easy to predict

Symptoms of being under the influence of alcohol or other drugs?The following indicators have been derived from sobriety assessment characteristics which are covered as part of “for cause/on suspicion” testing in this training program.

Record of observed characteristicsBreath Smell of intoxicating liquor

Face & Skin Pale, flushed

Attitude Cooperative, talkative, anxious, excited, dreamy,

relaxed, sedated, antagonistic, hostile, irritable,

cocky, unable to follow instructions, depressed,

aggressive, difficulty staying awake, restless, alert,

responsive, vague, argumentative, agitated

Actions Swearing, hiccupping, belching, vomiting, fighting,

drooling, restless, runny nose, loss of emotional

control, itching, scratching, repetitive behaviours,

disorganised, chaotic

Eyes Watery, glazed, bloodshot, eyelids drooping,

pupils pinpointed, pupils wider than normal,

glassy

Breathing Normal, short, jerky, shallow, slow

Speech Incoherent, unclear, slurred, confused, fast, slow,

repetitious, difficulty with pronunciation or forming

sentences

Balance Unsteady, swaying, sagging, falling, staggering,

needing support, stumbling

Movements Clumsy, jerky, sluggish, tremor, running or

jumping around, slow, fidgeting

Sobriety Slightly, moderately or well affected

by alcohol or other substances


INFORMATION SHEET #4: Understanding Alcohol and Other Drugs (cont.)

Legal Drugs Illegal DrugsDepressants: Alcohol (if over the age of 18) Minor tranquillisers Inhalants (glue, petrol, spray paint) Codeine (such as panadeine) Benzodiazepines (Valium, Serapax, Mogadon) Opiates (such as methadone)

Cannabis (marijuana, hashish, hashish oil) Opiates (such as heroin)

Stimulants: Caffeine (coffee, cola, chocolate, slimming tablets,

some energy drinks) Pseudoephedrine (found in some cough and cold

medicines Nicotine (cigarettes)

Cocaine Non-prescription amphetamines Speed LSD Ecstasy

Hallucinogens:- Not legal LSD

Magic mushrooms Mescaline Ecstasy and marijuana (in strong doses)

What are the harms associated with drug use?

Possible harms include: Harms to the body Harms to relationships with others; friends,

family, community. Harms to lifestyle; employment, education,

accommodation. Harms associated with breaking the law. Depressants affect:

Co-ordination and concentration which may slow down the ability to respond to unexpected situations. These effects make driving dangerous. When one depressant is taken with another (eg. alcohol and cannabis) the effects can be intensified in unpredictable ways. In large doses, depressants may induce unconsciousness, vomiting and death.

Cannabis has a higher tar content than tobacco and continued use can cause bronchitis, mouth, throat and lung cancer. Cannabis can also affect a person’s short-term memory and logical thinking.

What are the harms associated with drug use? (cont.)

Use of stimulants may cause anxiety, panic attacks, seizures, headaches and stomach cramps, aggression, paranoia, mental confusion or unconsciousness.

Use of hallucinogens may cause chills, hot flushes, dilation of pupils, loss of appetite, stomach cramps or nausea, increased activity, panic and feelings of persecution (paranoia), long-term flash backs.

What are the harmful effects from combining drugs and alcohol?

When alcohol is combined with other drugs, the effects can be particularly harmful. This includes tobacco, illicit drugs and using prescribed medicines.

One drug can make the negative effects of the other worse. Alcohol can also stop medicines from working. Because alcohol dampens activity in the brain it can be particularly dangerous or even lethal if it is taken with other drugs that have the same effect such as heroin and benzo-diazepines. Drug overdoses, suicide and self-harm can result.

A high proportion of people who die from heroin overdose also have a high blood alcohol concentration and the risk of death or serious brain damage from overdose is similarly increased.


INFORMATION SHEET #4: Understanding Alcohol and Other Drugs (cont.)

What are the harmful effects from combining drugs and alcohol (cont.)?

Suicide and self-harm are linked both to heavy drinking and illicit drug use.

The combination of alcohol with other drugs (particularly cannabis) poses risks for driving and operating equipment.

Many people who have used illicit drugs have contracted chronic hepatitis C infections and in some people, will lead to severe liver disease.

Alcohol then dramatically increases the risk and progression of liver disease.

The risk of cancer of the lips, mouth, throat, larynx and esophagus is dramatically increased in heavy drinkers who also smoke.

There is a strong linkage between the misuse of alcohol and the misuse of other drugs. The pattern that tends to be followed is that people start with alcohol then take up cannabis, followed by other drugs.

People who become dependent on one drug are more likely to become dependent on another.

This complicates the issue of treatment and results in a higher risk of relapse to alcohol or substitution of another drug for alcohol.

Adolescents have reported that alcohol removes their inhibitions and alters their judgement, thereby increasing the likelihood of experimentation with drugs.

Information Sheet 5 has been compiled by

© Eleonora De Michele and Robyn Tranter and draws on Department of Health (NSW) fact sheets

and publications


What are three or four of the most significant impacts of alcohol and/or drug overuse?

For the individual: drug and alcohol overuse may result in both physical

and mental health problems, including fatigue and depression

problems in the person’s relationships both at work and at home

poor work performance and shortened lifespan due to the increased

susceptibility to disease.

For the workplace:drug and alcohol overuse may result in unsafe work

practices that place the individual and colleagues at risk

lost hours through illness or time-off and lost efficiency.

MODULE 2 OUTLINE Rights, roles and responsibilities

Content

Principles of good practice - ensuring privacy and confidentiality, provision of information, duty of care, fairness and gender and cultural sensitivity

The obligations of the accredited rail transport operator The rights and obligations of rail safety workers who are tested:

o the requirement to submit to testingo the desirability to disclose the use of prescription drugs o advice of outcomes of testingo the consequences of failure or refusal to undergo testing o the availability of support and assistance

The role and powers of authorised persons and the restrictions on testing The role and powers of the ONRSR Rail transport operators’ requirement to implement a drug and alcohol management

program

Learning Outcomes

At the end of the module, participants should be able to: apply best practice principles of privacy and confidentiality, duty of care, provision of

information, fairness and gender and cultural sensitivity clarify the rights, powers and responsibilities of accredited rail transport operators in

drug and alcohol testing apply understanding of the rights and obligations of rail safety workers being tested clearly articulate their role and powers as authorised persons and restrictions placed

on testing describe the powers and role of the ONRSR identify the rights, roles and obligations under their rail transport operator’s drug and

alcohol management program


Principles of good practice in testing

Privacy and ConfidentialityIt is generally accepted that employees have a right to confidentiality when addressing personal or sensitive issues. This means that information relating to results of testing activities or personal health information is shared with other people only for lawful purposes. It is important that rail safety workers are given clear information about the drug and alcohol management program and how testing occurs from the beginning of the program. This should include information about the way the rail transport operator and the authorised person deal with employee information and also the limits on confidentiality. In this regard, it should be noted that rail transport operators are required to notify ONRSR of any of the matters specified in clause 28(2)(b) of the National Regulations, including positive tests, and that this information could ultimately lead to prosecution. 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.

Duty of CareRail 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. They have a duty of care to other employees, customers and the public.

Provision of informationIt is important that rail safety workers are given clear information about the drug and alcohol management program and how testing occurs.

FairnessFairness means taking into account the interests of all parties, treating them impartially and giving due weight and consideration to the individual’s rights, interests and legitimate expectations.

Gender and cultural sensitivityGender and cultural sensitivity takes into account the diversity in the workplace to provide services which enable all employees to be treated equitably, in a non- discriminatory, non-threatening manner and with respect. For rail transport operators, their drug and alcohol management programs need to take into account religious, cultural and gender issues and authorised persons must conduct their testing in ways that reflect these requirements.


Module 2: Exercise 1: Duty of Confidentiality on Authorised Persons (RSNL s244)

Duty of Confidentiality on Authorised Persons (RSNL s244)

S244 clearly sets out the limits on the disclosure of information and describes lawful disclosure only in the following circumstances:

(a) about a person, with the person's consent; or (b) that is necessary for the exercise of a function or power under this Law; or (c) that is made or given by ONRSR, a member of ONRSR, or a person authorised by ONRSR, if ONRSR reasonably believes the disclosure, access or use—

(i) is necessary for administering, or monitoring or enforcing compliance with, this Law; or (ii) is necessary for the administration or enforcement of an Act prescribed by the national regulations; or (iii) is necessary for the administration or enforcement of an Act or other law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public health or safety; or

(d) that is required by any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions; or (e) that is required or authorised under a law; or (f) to a Minister of a participating jurisdiction.

Group Exercise: Read the following scenario and discuss whether the following scenarios are lawful or prohibited:

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.

Part 1Before the court hearing:Tanya’s husband says, “I heard the driver was drunk – is that right?”

Part 2Before the court hearing:ONRSR investigators ask for the test results.

Part 3Dan 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.


Module 2: Exercise 2: Quiz Questions: rights, roles and obligations

What are the rights and obligations of those involved in testing?

Read each example to decide whether or not it is correct in terms of the rights, roles and responsibilities involved in drug or alcohol testing. Write down your reasoning for discussion.

1. Rail safety workers who perform rail safety work can only be tested when they are on duty? Yes or No

2. Authorised persons have the power of arrest? Yes or No

3. Is a rail safety worker who performs rail safety work required to submit Yes or Noto testing 3 ½ hours after a prescribed incident has occurred?

4. Testing is not required if there is a breach of the rail Yes or Noinfrastructure manager’s network rules but no-one was hurt?

5. Authorised persons cannot require a rail safety worker who Yes or Noperforms rail safety work to undergo a blood test in hospital if the attending doctor states that this would compromise the worker’s care and medical treatment?

6. An authorised person can drug or alcohol test rail safety Yes or Noworkers who are working on rail safety work for another rail transport operator on the authorised person’s railway?

7. Are authorised persons required to produce their Yes or Noidentity cards if requested by a rail safety worker who isrequired to submit to testing?

8. ONRSR has the power to revoke appointment of Yes or No an authorised person appointed by an accredited rail transport operator.

9. Can a worksite supervisor direct a rail safety worker to submit to a drugor alcohol test? Yes or No


Module 2: Exercise 3: Worksheet: Whose rights, roles and obligations?

Whose rights, roles and obligations?

Using your rail transport operator’s drug and alcohol management program as your guide, read the three case studies and answer the questions:

Is this good practice or poor practice?How would you manage this situation in your workplace?

1. The rail safety worker who performs rail safety work does not speak English very well. The authorised person asks him to undergo a random breath test and he looks confused. The authorised person says “Look, just count into the machine until I say stop, will you?” The rail safety worker walks away.

Good or PoorHow would you manage this situation as an authorised person in your workplace?

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

2. The rail safety worker who engages in rail safety work refuses to supply a urine sample during a targeted (eg “for cause/on suspicion”) test. The authorised person explains to the rail safety worker his obligations to provide a sample, what may happen if he continues to refuse to comply and the rail transport operator’s obligations to conduct testing.


_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

3. A rail safety worker reported that another employee, the clerk from the site office, was seen drinking at the hotel during the lunch break. It was reported that he had drunk 6 schooners of beer at 1:00pm. It is now 4:30 pm and the clerk is in the process of signing off work. The authorised person instructs the clerk to undertake a breath test. The clerk refuses.


_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________


INFORMATION SHEET #5: What are the rights and obligations of those involved in drug and

alcohol testing?

Rail transport operators’ role and responsibilitiesWhat are the requirements for rail transport operators to conduct random testing? Accredited rail transport operators, except heritage

rail transport operators, must conduct random testing, in which 25% or more of the rail transport operator’s rail safety workers are tested for drugs or alcohol per annum.

Operators may conduct oral fluid testing, but this will not form part of the 25% of random testing.

The random testing program must be targeted using risk management principles to select the workers and determine the type of test (breath or urine) to be conducted.

Heritage rail transport operators have been exempted, because implementing a random testing program may impose considerable costs on them, many of which have small numbers of rail safety workers or limited operations. These rail transport operators may be targeted by the ONRSR’s random testing program.

What are the requirements for rail transport operators to conduct “for cause/on suspicion” testing? Rail transport operators must implement

arrangements for testing rail safety workers, where the operator has a reasonable belief they are under the influence of alcohol or a drug.

What are the requirements for rail transport operators to conduct post-incident testing? Rail transport operators’ drug and alcohol

management programs must include arrangements for testing rail safety workers involved in a prescribed incident.

Unless the rail transport operator provides a “reasonable excuse” for not testing, testing must take place within 3 hours, after the following prescribed incidents:

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 other incidents that ONRSR may declare in writing

to a rail transport operator to be a type of prescribed incident in respect of that railway’s operations.

Authorised persons may also test rail safety workers involved in a prescribed notifiable occurrence (specified in clause 57(1)(b)(xxi) of the National Regulations) or in an accident or irregular incident.

What may be considered a reasonable excuse for failing to conduct post-incident testing? Logistical difficulty with testing within the 3 hour limit

(NB. Contingency plans should address the need for testing in remote locations.)

When must confirmatory testing be conducted? Accredited rail transport operators may conduct a

confirmatory breath analysis in the event of a positive alcohol breath test.

Accredited rail transport operators must conducta confirmatory laboratory analysis of urine samples in the event that urine screening testing indicates the presence of drugs.

NB Restrictions under clause 8 of the NSW Regulation on testing.

Rail safety workers’ role and responsibilitiesWhen may rail safety workers be tested? Authorised persons may require any rail safety

worker who they believe is about to carry out, is carrying out, is attempting to carry out, is still on railway premises after carrying out rail safety work or is involved in a prescribed notifiable occurrence (specified in clause 57(1)(b)(xxi) of the National Regulations) or is involved in an accident or irregular incident while carrying out rail safety work to submit to testing. About to carry out rail safety work means that the rail safety worker has left home or a temporary residence for work but has not yet commenced work.

The 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).

The conditions under which rail safety workers are tested are documented in the rail transport operator’s drug and alcohol management program.

What are the consequences for rail safety workers of refusing to be tested? Any rail safety worker who fails to submit to testing is

guilty of an offence, unless they were unable to comply with a sobriety assessment on medical grounds.


INFORMATION SHEET #5: What are the rights and obligations of those involved in drug and alcohol testing? (cont.)

Rail safety workers’ rights and obligations

What are the obligations of rail safety workers undergoing drug and alcohol testing?

Rail safety workers who perform rail safety work: are required to fully co-operate with authorised

persons, police officers or other parties and service providers involved in the testing process

are required to give accurate information to establish whether or not they are involved in rail safety work

are required to give appropriate personal information to facilitate the testing process

are required to accurately report to the authorised person any difficulties they may be experiencing with testing procedures e.g. in providing a urine sample, etc.

are required to participate in post-incident testing up to three hours following the incident or accident

are encouraged to disclose the use of any prescription drugs to an authorised person

are encouraged to disclose any illnesses that may cause symptoms prior to undertaking a sobriety assessment or testing to an authorised person

are to seek advice from their medical or health practitioner about the effects of prescribed or non-prescribed medication and their ability to perform rail safety work

ensure that other employees, passengers and the public are not put at risk and take individual responsibility in relation to drug and alcohol use

are required to commence rail safety work free from the effects of alcohol or drugs that may in any way affect their ability to safely perform their duties

are to notify their manager/ supervisor if they become aware of risks or hazards in the workplace due to individuals with alcohol or drug problems.

are not to tamper, destroy or interfere with samples or the results of testing

are to take reasonable care for the health, safety and welfare of others and to co-operate with their employer in their efforts to ensure compliance with the Rail Safety National Law (NSW).

What are the rights of rail safety workers undergoing drug and alcohol testing?

Rail safety workers who perform rail safety work have the right to: be treated fairly and with respect in accordance with

their rail transport operator’s drug and alcohol management program

receive advice about the outcomes of their drug and/ or alcohol tests

request that an authorised person produces their identity card prior to testing

receive advice about the consequences of failing to undergo testing

receive information in accordance with their rail transport operator’s drug and alcohol management program about the availability of support and assistance to rail safety workers with alcohol and/or drug problems including problems with prescription drugs

privacy and confidentiality about their personal information and test results in accordance with privacy legislation and their rail transport operator’s drug and alcohol management program, except where it is to be used for lawful purposes, eg. the results of positive tests are provided to ONRSR, which may ultimately lead to prosecution

a fair hearing and appropriate representation in accordance with their rail transport operator’s disciplinary or code of conduct policy, if subject to disciplinary action as a result of alcohol or drug testing

receive information about the possible consequences of use of alcohol or drugs in the workplace


INFORMATION SHEET #5: What are the rights and obligations of those involved in drug and alcohol testing? (cont.)

Summary of authorised person powers, roles and responsibilitiesAuthorised persons: have the power to require and provide directions to

rail safety workers to undergo drug and alcohol testing as part of random, targeted (eg “for cause/on suspicion”) or post-incident testing.

may at any time require rail safety workers to submit to a breath test, breath analysis, a drug screening test, urine screening test, oral fluid analysis or blood test (or any combination of these).

may also require a rail safety worker to undertake a

sobriety assessment subject to certain limitations. are not required to carry out the breath or urine tests

themselves but are authorised to require that the test is taken by a rail safety worker.

must ensure that urine samples are collected, transported, tested (if tested by a laboratory) and stored in accordance with the Australian/New Zealand Standard AS/NZS 4308:2008, Procedures for specimen collection and the detection and quantitation of drugs of abuse in urine. NB. The Regulation does not require on-site screening testing to comply with AS 4308:2008.

must where requested by the person being tested, produce the identity card issued by the ONRSR.

Is limited to operating as an authorised person 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.

What are the limitations and restrictions on the powers, roles and responsibilities of authorised persons? Authorised persons do not have the power to arrest

or detain rail safety workers and to take them to a police station, hospital or other place for testing. This function is vested in police officers. However, an authorised person may direct a rail safety worker to attend a police station or other place for the purpose of conducting a breath analysis.

Under clause 8 of the NSW Regulation, an authorised person must not require a rail safety worker to undergo a breath test, sobriety assessment, breath analysis or drug screening test or provide a blood oral fluid or urine sample:

if it appears to the authorised person that it would (because of injuries sustained by the worker) 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, orif 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).

What is the main role for the ONRSR? Monitor and enforce the Rail Safety National Law

(NSW) through testing incident notification requirements, monthly reporting, auditing of rail transport operator drug and alcohol management programs and the implementation of prosecutions.

Appoint authorised persons (or delegate this function to rail transport operators).

Issue identity cards for authorised persons


MODULE 3 OUTLINE Planning the use of equipment and communicating about testing

Content

Planning the use of breath testing, breath analysis and urine drug testing devices and/or accessing testing service providers

Communicating with rail safety workers about testing requirements, procedures and outcomes 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

Learning Outcomes

At the end of the module, participants should be able to: outline appropriate procedures for the set-up and operation of breath testing, breath

analysis and urine drug testing devices and services establish effective planning checklists for conducting testing communicate with rail safety workers in a respectful and non-adversarial way describe appropriate approaches to managing positive test results describe when confirmatory testing must be conducted deal appropriately with rail safety worker refusal or failure to undergo testing confirm the role of other relevant parties who may be involved in testing such as the

police, medical practitioners, nurses and contracted testing service providers


Module 3: Exercise 1: Drug and alcohol testing and equipment procedures: multiple choice scenarios

Drug and alcohol testing and equipment procedures: multiple choice scenarios

1. Read: (i) Frequently Asked Question #4 How do you resource drug and alcohol testing? Do

authorised persons undertake all forms of testing? Can you use contracted testing services, particularly for drug testing? and

(ii) Information Sheet #6 – What are the requirements for drug and alcohol testing equipment and services?

2. Study the questions and decide which response is the most appropriate. 3. Write down your reasoning for discussion.

You must choose either A, B, C, or D as a response.

1. For breath alcohol testing, an authorised person is able to use the following equipment….?

A) Any equipment that has an approved filter gadget on it.B) Testing devices that have been approved by the police for breath testing on the roads.C) Any breath testing device which complies with the Australian Standard.D) Any equipment that the rail transport operator authorises as acceptable.

2. The initial on-site screening of a urine sample indicates the presence of a drug and the authorised person is required to….?

A) Ask a police officer to intervene.B) Refer the sample to an approved laboratory to undertake confirmatory testing.C) Discuss the findings with management and take appropriate disciplinary action. D) Ensure that the rail safety worker has the right to have the sample independently

analysed.

3. A rail safety worker who performs rail safety work may be required to submit to a sobriety assessment when….?

A) The device to conduct a breath test is broken.B) The worker appears unsteady on his feet and has slurred speech.C) Another employee reports that the worker has had too much to drink at lunchtime.D) The worker is in hospital injured and is unable to complete the breath test.

4. A rail safety worker who performs rail safety work is required to submit to a breath analysis when….?

A) The authorised person has a belief that the worker is under the influence.B) A police officer has arrested the worker.C) The worker is in hospital injured and is unable to complete the breath test.D) The result of a breath test or sobriety assessment indicates that there may be the

prescribed concentration of alcohol present.

5. An authorised person or police officer must detain the rail safety worker for the purposes of breath analysis or providing a blood sample when…?

A) The worker has been involved in a prescribed incidentB) The worker admits to being intoxicatedC) The worker refuses to co-operate with the testing procedureD) None of the above


Module 3: Exercise 2: Worksheet: Scripts for informing rail safety workers about testing

Scripts for authorised persons

Sample script for informing a rail safety worker about a breath test

Introduction to requiring a breath test

“My name is……from…….I am requiring you to undergo a breath test in accordance with the provisions of the Rail Safety National Law (NSW) and our organisation’s drug and alcohol management program. I require you to undergo a breath test for the purpose of indicating the concentration of alcohol present in your breath or blood.

(Showing the breath testing device to be used. Depending on the device:)(i) I will direct you to breathe out air from your lungs, in one single breath, directly into this approved

device until I direct you to stop. Do you understand my directions? OR

(ii) I will direct you to count aloud to ten. Do you understand my directions?

Have you performed rail safety work during your shift? Are you aware of our organisation’s drug and alcohol management program? Is there anything you want to ask? Are you ready to start testing?”

Sample script for informing a rail safety worker about a urine test

Introduction to requiring a urine sample“My name is……from…….I am requiring you to undergo a urine test in accordance with the provisions of the Rail Safety National Law (NSW) and our organisation’s drug and alcohol management program. I require you to undergo a urine test for the purpose of testing for the presence of a drug.

The procedure will involve completing some relevant details about yourself, entering a private cubicle and providing a sample of urine in the container so that it can be tested:

(i) on-site or(ii) sent away to an approved laboratory for analysis.

The testing will be undertaken by: (i) myself as an authorised person or(ii) a collecting agency that our organisation has engaged to undertake the testing.

Do you understand my directions? Have you performed rail safety work during your shift? Are you aware of our organisation’s drug and alcohol management program? Is there anything you want to ask? Are you ready to start testing?”

Collecting relevant information for drug testing

(After documenting the organisation’s requirements for information, preferably on a special form or spreadsheet e.g. worker name, job title, work location, contact details, test location, test date and time etc).

“Have you carried out rail safety work today? What time did you commence your shift or what time are you due to commence work today? What kind of rail safety work have you done or do you intend to do?

I will now ask you to proceed to the next step which will involve going through the collection procedures with:(i) myself as an authorised person, and(ii) a trained collector”.


Module 3: Exercise 2 (cont.): Debrief of scripts for authorised persons

Debrief of scripts for authorised persons

Consider the following practice issues, then make suggestions on how to improve the scripts and/or the practice.

Opening Non-threatening in approach

Established the purpose of the discussion

Encouraged clarification by the worker

Physical behaviour Maintained eye contact

Used positive body language that encouraged the worker to be open and relaxed

Used active listening techniques

Vocal behaviour Maintained calm, audible and well-paced discussions

Language Used understandable and clear language

Used positive language to get the worker to focus on the positives and responsibilities of testing

Answered any questions the worker had

Feedback behaviour Checked regularly for understanding and agreements

Summarised the outcome of the discussion and the next step to be taken

Suggested improvements:

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________


Module 3: Flowchart resource: Procedures for a positive breath test or sobriety assessment

Flowchart of procedures for a positive breath test or sobriety assessment


Is a breath testing device available?

Yes No

Conduct breath test Conduct sobriety assessment

Positive breath test or assessment?

Yes on breath test

Is breath analysis testing equipment available on-site or at nearest police station?

Authorised person may direct worker to attend breath analysis testing

Yes No

Authorised person may direct worker to provide blood or urine sample

Yes on sobriety assessment

A rail safety worker:

1. is about to or is carrying out rail safety work, and 2. may have the prescribed concentration of alcohol in breath or blood, or3. may be under the influence of alcohol or a drug

Module 3: Exercise 3: Scripts for responding to positive test results

Scripts for authorised persons: Forms of responding to a rail safety worker performing rail safety work and who tests positive to the prescribed concentration of alcohol in the breath

or blood or who may have drugs in their body.

Informing a rail safety worker who performs rail safety work of a positive result on a breath test, sobriety assessment or drug test

When breath testing equipment is available:

When breath testing equipment is not available:

When drug testing equipment is not available:

“My name is……from…….

You have undergone a breath test by an approved device and this indicates that there may be present in your breath or blood the prescribed amount of alcohol”


I have carried out an assessment of your sobriety and I have reason to believe there may be present in your breath or blood, the prescribed concentration of alcohol.


I have carried out an assessment of your sobriety and I have reason to believe there may be drugs present in your blood.

Directing a rail safety worker who performs rail safety work to undergo breath analysis or a drug test

Directing the rail safety worker to undertake breath analysis performed by the authorised personNB. This is mostly done by the police

Directing the rail safety worker to a police station for breath analysis

Directing the rail safety worker to supply a sample of urine when breath analysing equipment is not available at the worksite or the nearest police station

Directing the rail safety worker to supply a sample of urine for drug testing

“In accordance with the provisions of the Rail Safety National Law (NSW), I direct you to supply a sample of your breath for the purpose of a breath analysis. I now require you to submit to a breath analysis by exhaling air from your lungs , calmly and continuously, directly into this approved breath analysing instrument until I ask you to stop by saying the words: ‘STOP NOW”.

“In accordance with the provisions of the Rail Safety National Law (NSW), I direct you to attend the <name> police station with me for the purpose of a breath analysis.

“In accordance with the provisions of the Rail Safety National Law (NSW), I direct you to supply a sample of your urine in accordance with the directions which will be given to you by the collector from the collecting agency.

“In accordance with the provisions of the Rail Safety National Law (NSW), I direct you to supply a sample of your urine in accordance with the directions which will be given to you by the collector from the collecting agency.


Module 3: Exercise 4: Scripts for responding to refusal or failure to undergo testing

Scripts for authorised persons: Forms of responding to a rail safety worker who performs rail safety work and who refuses or fails to undergo testing

A rail safety worker who performs rail safety work has refused or failed to undergo a breath test

A rail safety worker who performs rail safety work has refused or failed to undergo a drug urine test

You have refused (or failed) to undergo a breath test by an approved device in accordance with my directions. I will give you one further chance to comply with my direction.

I want you to understand that under the Rail Safety National Law (NSW), refusal/failure to comply with my direction is an offence which is subject to prosecution.

I want you to understand that if a breath test is not undertaken, as directed, I will be reporting the refusal/failure to comply to management and you may be subject to disciplinary action. You will also be removed from rail safety work until you comply.

Do you understand?

You have not provided a urine sample in accordance with my directions. I will give you one further chance to comply with my direction.

I want you to understand that under the Rail Safety National Law (NSW), refusal/failure to supply a sample according to my direction is an offence which is subject to prosecution.

I want you to understand that if the sample is not provided, as directed, I will be reporting the refusal/failure to comply to management and you may be subject to disciplinary action. You will also be removed from rail safety work until you comply.

Do you understand?

Additional information to be included, based on requirements of the rail transport operator’s drug and alcohol management program:

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________


SAMPLE PRO-FORMA


INFORMATION SHEET #6: What are the requirements for drug & alcohol testing equipment and services?

What are the requirements for drug and alcohol testing equipment and services? All random, targeted (eg “for cause/on

suspicion” and post-incident testing of rail safety workers must be conducted in accordance with the Rail Safety National Law (NSW).

What are the main requirements for breath testing equipment? Any breath testing device which complies with

the Australian Standard AS3547: 1997 “Breath alcohol testing devices for personal use” may be used for testing, or a device 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.

Equipment must be fully maintained and calibrated at regular and agreed intervals.

The operator of the equipment has sufficient training to use the equipment. This training may be provided by the equipment supplier.

What are the main requirements for collection of urine samples for drug testing? Urine samples must be collected, transported

and stored in accordance with procedures set out in the Australian/New Zealand Standard 4308: 2008, “Procedures for the collection, detection and quantitation of drugs of abuse in urine”.

The Standard provides for samples to be transported in sealed containers to minimise the possibility of damage or tampering during transportation.

What are the requirements for on-site analysis of urine samples? On-site urine screening devices for initial screen

testing of urine samples may be used for drug testing rail safety workers.

The on-site urine screening devices must use an immunoassay technique that meets the screening cut-off levels listed in Table 1 of AS/NZS 4308:2008.

However, the Rail Safety National Law (NSW) does not require on-site screening testing to comply with AS 4308:2008.

Where initial screening testing indicates the presence of drugs, the sample must be referred to an approved laboratory for confirmatory testing in accordance with AS/NZS 4308:2008.

“Approved laboratories” are those which are accredited by the National Association of Testing Authorities, Australia to conduct analysis in accordance with the AS/NZS 4308:2008.

What are the requirements for the independent analysis of urine samples Rail safety workers, who test positive to drugs

may, within three months after the test, request their urine sample be independently analysed by an approved laboratory. Such analysis is to be conducted at their own expense.

What are the procedures for assessment of sobriety if a breath testing device is not available - clause 10 of the NSW Regulation? If an authorised person requires a rail safety

worker to undergo a breath test and the device to carry out the breath test is not readily available, the authorised person may require the rail safety worker to submit to a sobriety assessment.

The requirement to submit to such an assessment is not open to challenge in any proceedings on the basis that the device was readily available.

A template for the conduct of a sobriety assessment has been included in the Participant’s Workbook.


INFORMATION SHEET #6: What are the requirements for drug & alcohol testing equipment and services? (cont.)

What are the required procedures under the NSW Regulation for breath analysis following breath testing – clause 11 of the Regulation? Testing must be undertaken within three hours

of the accident. An authorised person may require a rail safety

worker to submit to a breath analysis: if it appears as a result of a preliminary breath

test or sobriety assessment that the prescribed concentration of alcohol may be present in the worker’s breath or blood, or

if the rail safety worker required to undergo a preliminary breath test or sobriety assessment has refused or failed to do so.

If an authorised person requires the rail safety worker to submit to a breath analysis, the officer may direct the worker to attend the nearest police station or such other place.

If a police officer requires the rail safety worker to submit to a breath analysis, the officer may:

arrest the worker without a warrant, and take the worker with such force as deemed

necessary to a police station or such other place and detain the worker for the purposes of breath analysis.

The breath analysis must be carried out by: An authorised person (other than a police

officer), or a police officer authorised by the Commissioner

of Police to operate breath analysing instruments.

As soon as practicable after the rail safety worker has submitted to the breath analysis, the authorised person or police officer must deliver to the worker a signed statement in writing specifying:

the concentration of alcohol in the worker’s breath or blood, and

the day and time of the breath analysis. The rail safety worker may request that the

authorised person or police officer arrange for the taking by a medical practitioner of a sample of the worker’s blood for analysis, at the worker’s own expense.

The request for or taking of a blood sample does not remove the obligation on the rail safety worker to submit to a breath analysis.

What are the provisions for the taking of blood and urine samples from rail safety workers involved in accidents – clause 13 of the NSW Regulation? If the rail safety worker involved in an accident

while undertaking rail safety work, attends or is admitted to a hospital, an authorised person may require the worker to provide as soon as practicable a blood or urine sample.

The sample is taken in accordance with the directions of the attending medical practitioner.

If there is no medical practitioner present, the sample is to be taken by a registered nurse accredited to perform sampling.

The medical practitioner or nurse must take the sample if informed by the authorised person to do so.

The requirement to take the sample may be directed through an attending medical practitioner or nurse and not made directly to the rail safety worker.

Testing must be undertaken within three hours of the accident.

What are the additional circumstances when blood or urine samples may be taken –clause 14 of the NSW Regulation? An authorised person may require a rail safety

worker to provide a sample of the worker’s blood or urine if:

the authorised person requires the worker to submit to a breath analysis, and

a breath analysing instrument is not readily available.

An authorised person who has a reasonable belief that the rail safety worker might be under the influence of alcohol or a drug, may require the worker to provide a blood or urine sample, if:

the worker has undergone a preliminary breath test, and

the test result does not require the worker to submit to a breath analysis, and

the worker refuses to submit to a sobriety assessment or after the assessment, the authorised person has a reasonable belief that the worker is under the influence of alcohol or a drug.

It is important to note that as well as in the above conditions, under section 127 of the Rail Safety National Law (NSW), a rail safety worker may be required at any time to provide a urine sample.


INFORMATION SHEET #6: What are the requirements for drug & alcohol testing equipment and services? (cont.)

The requirement for a rail safety worker to

provide a blood or urine sample is not open to challenge in any proceedings on the basis that a breath analysing instrument was readily available.

What are the procedures for the taking of blood and urine samples – clause 15 of the NSW Regulation?

An authorised person may require a rail safety worker to provide a blood or urine sample (section 127 of the Rail Safety National Law (NSW)).

The authorised person may require the worker to provide the urine sample in accordance with the directions of the authorised person.

The authorised person may require the rail safety worker to provide a blood sample at a hospital under the directions of the attending medical practitioner.

If there is no medical practitioner present, the sample is to be taken by a registered nurse accredited to perform sampling.

The medical practitioner or nurse must take the sample if informed by the authorised person to do so.

If a police officer requires the rail safety worker to provide a blood sample, the officer may:

arrest the worker without a warrant, and take the worker with such force as may be

necessary to a hospital and there detain the worker to obtain the sample.

What actions are to be taken with blood samples - clause 16 of the NSW Regulation?

A medical practitioner, registered nurse or other person taking a blood sample must:

place the sample into a container, and fasten and seal the container, and

mark or label the container for future identification, and

give a certificate with sufficient information to identify the sample, to the person from whom the sample has been taken, and

hand the sample to the authorised person . The authorised person must:

immediately place the sample in an approved security box and lock the box, and

arrange for the sample to be submitted to an approved laboratory for analysis.

Note: Approved laboratory for blood samples – the laboratory at the NSW Forensic and Analytical Science Service at Lidcombe, Western Sydney Local Health District. What actions are to be taken with urine samples - clause 18 of the NSW Regulation?

If an authorised person requires a rail safety worker to provide a urine sample, this is to be collected and transported, in line with the Australian/New Zealand Standard for drug testing AS /NZS 4308:2008.

The authorised person must arrange for the sample to be submitted for urine screening testing either:

using an on-site urine screening device, or by an analyst at an approved laboratory.

Where urine screening testing indicates the urine contains a drug(s):

in the case of a sample tested by an on-site urine screening device, the authorised person must arrange for the sample to be submitted to an approved laboratory for confirmatory testing by an analyst, or

in the case of urine screening testing conducted by an analyst, confirmatory testing must be conducted by an analyst at an approved laboratory.


MODULE 4 OUTLINE Random testing

Content

Selecting and informing rail safety workers of random testing Planning for random testing, including procedures and documentation Random testing scenarios

Learning Outcomes

At the end of the module, participants should be able to: consider how best to select and inform rail safety workers who perform rail safety

work of random testing confirm and effectively plan their rail transport operator’s approach to random testing outline required procedures and documentation for random drug and alcohol testing

NB. Heritage rail transport operators are not required to conduct random testing.


Module 4: Exercise 1: Planning random drug and alcohol testing activities

Checklist for planning random drug and alcohol testing activities

Task CompletedStep 1: Consultation between the authorised person and the manager

oversighting the program about the type and process of testing to be undertaken. (eg. Is random testing a requirement?)

YES / NO

Step 2: Equipment fully operational and calibrated YES / NO

Step 3: YES / NO

Step 4: YES / NO

Step 5: YES / NO

Step 6: YES / NO

Step 7: YES / NO

Step 8: Differences in practice for different worksites clarified YES / NO

Step 9: Documentation to be completed (explain) YES / NO


Module 4: Exercise 2: Random drug and alcohol testing practice scenarios

Random drug and alcohol testing practice scenarios

In your work as a authorised person undertaking a random breath testing program for your rail transport operator, the following situations arise.

In preparation for this activity:

1. Read your rail transport operator’s drug and alcohol management program.

2. Develop suitable responses to the following three scenarios

3. Discuss your responses with your colleagues and the trainer.

1.You are undertaking drug testing and the rail safety worker you have just selected for testing states “I’ve just been to the toilet and can’t go.”

Factors to consider Suggested response Proposed actions


2.In selecting rail safety workers for random drug testing using a random draw computer program, one of the selected railway contractors complains to you “I got tested last week at another location. Why do I always get drawn out, when others here haven’t been tested?”

Factors to consider Suggested response Proposed actions


INFORMATION SHEET #7: Planning and organising issues for authorised persons

What are some of the key issues that can arise with the planning and organising of drug or alcohol testing?

Communication with managers to gain their co-operation and commitment to the testing process and to be informed about local site issues and conditions.

Tests need to be conducted thoroughly and in accordance with required testing procedures.

Providing an adequate explanation to rail safety workers about why and how they are to be tested.

The privacy and confidentiality of the rail safety worker being tested needs to be safeguarded at all times. The cubicle facilities being used for drug testing need to ensure complete privacy.

Cubicle toilets also need to be set up adequately for each test to ensure there is no opportunity to alter or interfere with urine samples being provided.

Being sensitive to gender and cultural issues, for example, ensuring where possible that there are female authorised persons available to conduct drug testing of female rail safety workers.

If a female authorised person is not available the presence of another female should be considered.

Ensuring adequate protocols and agreed arrangements are in place to work with the police providing breath analysis or other forms of testing. The nearest suitable police station location(s) for breath testing or breath analysis needs to be confirmed and appropriate and safe transport arrangements need to be put in place.

Questioning rail safety workers appropriately to encourage them to self-identify where they are on prescription drugs.

Undertaking sobriety assessments, if a breath or drug testing device is not available, and collecting as much information about the rail safety worker as possible in order to make a valid and fair assessment of their condition.

Ensuring that appropriate plans and actions are put in place for testing in remote locations, particularly following a prescribed incident.


PRACTICE HINTS FOR AUTHORISED PERSONS

A co-ordinated approach to the planning and organising of alcohol and drug testing is required which ensures that commitment to testing is achieved through:Management, employee representatives, and

rail safety workers being adequately briefed on the rationale and the procedures to be implemented for drug and alcohol testing.

Adequate resourcing and support for the testing program being put in place overall and also at each local site to be tested. e.g. access to testing equipment

Appropriate arrangements being established with managers and third party providers to undertake testing.

Random testing

The need for authorised persons to establish fair procedures for random testing which ensure the appropriate selection of rail safety workers present at a particular local site.

The program needs to consider the best ways to conduct random testing in terms of managing and assessing safety risks and balancing operational requirements.

Check with managers whether it is rail safety workers who perform rail safety work who are being tested and also that operational requirements can be met during testing without disruption to services.

INFORMATION SHEET #7: Planning and organising issues for authorised persons (cont.)



Targeted (“for cause/on suspicion”) testing

Authorised persons need to be responsive to situations where managers or other rail safety workers have a reasonable belief that a rail safety worker is under the influence of drugs and/or alcohol.

They need to carefully assess all the information they have been given and establish appropriate and discrete testing procedures.

They also need to inform the rail safety worker being tested of their rights and obligations under theRail Safety National Law (NSW) No82a.

Post-incident testingAuthorised persons need to establish contingency

plans for the conduct of post-incident testing across all the locations they cover. Such contingency plans should address the need for testing in remote locations eg. rail transport operators could make appropriate contractual arrangements with accredited rail transport operators who have widespread coverage of the NSW network to call in their authorised persons within 3 hours of a prescribed incident. This should also include awareness of breath analysis devices at designated police stations, an agreement with the police on testing to be provided and arrangements in place with local hospitals and third party testing service providers.

Authorised persons also need to be aware of the required procedures when dealing with medical practitioners or registered nurses at hospitals.


In working in partnership with third party testing service providers, ensure the following:The third party provider(s) is fully compliant with the

Australian Standards for urine testing (AS/NZS 4308:2008) and breath testing devices (AS 3547-1997) NB breath testing devices may also 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).

The provider is able to ensure full coverage of working locations, including remote locations and outside of normal working hours, if possible on a 24 hour 7 day a week basis.

The provider is equipped to meet requirements for the conduct of random, targeted testing and post-incident testing.

All persons conducting blood or urine testing are fully qualified in pathology collection processes.

The provider and their staff are trained in the Rail Safety National Law (NSW) No82a, the role and responsibilities of the authorised person, and in the rail operator’s drug and alcohol management program.

Where the provider is providing testing facilities via an on-site van etc, the facilities being provided are safe, hygienic and ensure the complete privacy of rail safety workers providing urine samples.

Appropriate arrangements are in place for the safe transport and analysis of samples.

Checking that the paperwork and documentation being completed meets the rail operator’s drug and alcohol management program as well as the ONRSR’s notification and monthly statistical reporting requirements.

Where a series of third party service providers are involved, co-ordinating arrangements need to be agreed by all the parties involved, particularly where after hours servicing or working in remote locations may be required.

MODULE 5 OUTLINE “For cause/on suspicion” testing

Content

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” testing

Learning Outcomes

At the end of the module, participants should be able to: apply useful techniques, including sobriety assessments and assessing information

about rail safety workers deal effectively with testing and assessment challenges such as providing testing in

remote locations and the possibility of misreading assessment cues outline required procedures for “for cause/on suspicion” drug and alcohol testing

Note: “For cause/on suspicion” testing is a form of targeted testing


Module 5: Exercise 1: Case Studies: Indicators of being under the influence1

Indicators of being under the influence

Read the following case study scenarios and decide whether these could be indicators of being under the influence or not?

Refer also to Information Sheet #4: Understanding alcohol or other drugs.

Mr A:

Clumsy, sweaty, flushed, seems to be walking on air, just stares at you

Possible Cause: due to alcohol or drug use

Possible other cause:

Your Action:

Mr B:

Slurred speech, poor co-ordination and balance



Your Action:

Ms T:

Runny nose, crying, restless



Your Action:

Ms D:

Extremely calm, a bit mixed up over what actually happened, complaining of a headache



Your Action:

1 Source: Department of Infrastructure Office of the Director of Public Transport, Victoria


Module 5: Sample scripts: 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

Scripts for approaching a rail safety worker for “for cause/on suspicion” testing

The following scripts can be used by authorised persons approaching a rail safety worker who performs rail safety work where they believe that the rail safety worker may be under the influence of drugs or has the prescribed concentration of alcohol in breath or blood.

A rail safety worker who performs rail safety work and who may have the prescribed concentration of alcohol in breath or blood.

A rail safety worker who performs rail safety work and may be under the influence of a drug

“My name is……from…….and I am a drug and alcohol testing authorised person

I have reason to believe you may be intending to carry out/ have carried out rail safety work with the prescribed concentration of alcohol in your breath or blood.

I require that you submit to a test in accordance with my directions and the provisions of the Rail Safety National Law (NSW). Do you understand these directions?

“My name is……from…….and I am a drug and alcohol testing authorised person

I have reason to believe you may be intending to carry out/ have carried out rail safety work whilst under the influence of drugs.

As a result you will be removed from rail safety work immediately and will be required to provide a sample of urine. I require that you do that test in accordance with my directions and the provisions of the Rail Safety National Law (NSW). Do you understand these directions?

Discussion questions:

What do you think are the strengths of these scripts?

How might you adapt them to your particular workplace?


Module 5: Exercise 2: Worksheet: “For cause/on suspicion” testing – drug and alcohol sobriety assessment

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.

Drug and Alcohol Sobriety Assessment

Worker Details

Family Name

Given name(s)

Employer

Location

(Time date Place)

ID cardor Driver licence details

Breath test result

Positive Negative

If positive reading :

Breath Analysis result

Location Analysis conducted

Date Time analysis conducted

Name of person conducting test

Analysis Results

Drug Urine

Location Urine Analysis conducted

Date Time Urine analysis conducted

Name of person conducting test

Sample reference


Drug and Alcohol Sobriety Assessment (cont.)

Record of observed characteristics

Breath Smell of intoxicating liquor Nil Slight Moderate Strong N/A

Face & Skin Colour Pale Flushed N/A Other

Attitude Cooperative, talkative, anxious, excited, dreamy, relaxed, sedated, antagonistic, hostile,

irritable, cocky, unable to follow instructions, depressed, aggressive, difficulty staying

awake, restless, alert, responsive, vague, argumentative, agitated, other (describe)

Actions Swearing, hiccupping, belching, vomiting, fighting, drooling, restless, runny nose, loss of

emotional control, itching scratching, repetitive behaviours, disorganised, chaotic, other

(describe)

Eyes Watery, glazed, bloodshot, eyelids drooping, pupils pinpointed, pupils wider than normal,

glassy, other (describe)

Breathing Normal, short, jerky, shallow, slow, other (describe)

Speech Incoherent, clear, slurred, confused, fast, slow, repetitious, difficulty with pronunciation or

forming sentences, other (describe)

Balance Unsteady, swaying, sagging, falling, staggering, needing support, stumbling, other

(describe)

Movements Clumsy, jerky, sluggish, tremor, running or jumping around, slow, fidgeting, other

(describe)

Level of sobriety Slightly affected Moderately affected Well affected

By alcohol or other substances

Additional indicators Presence of drug paraphernalia (such as syringes, swabs, tourniquets and/or devices for smoking drugs);

Admission of consumption of alcohol or drug-taking;

In the case of other symptoms suggesting drug use, a negative breath-test;

Clinical dehydration;

Other (describe).

Observation or comments

Testing Officer Name Date / /

Module 5: Exercise 3: Worksheet: Responding to information about rail safety workers allegedly under the influence

Practice Checklist: Questions to consider when assessing “for cause/on suspicion” testing

What is the reliability of the information provided? Comment:

What is the motivation of the person disclosing the information?

Comment:

What type of drug is allegedly being used? Comment:

What is the relationship of the person to the rail safety worker?

Comment:

What other observations have been made by the rail safety worker’s supervisor?

Comment:

What is the behaviour of the rail safety worker nominated for the test?

Comment:

What places does the rail safety worker frequent? (if relevant)

Comment:

How recent / current is this information? Comment:

Are other rail safety workers involved? Comment:

Is there any need to protect the identity of the person making the allegation?

Comment:

What is the impact of the behaviour on their performance and the rail transport operator’s safe operations?

Comment:

Have there been any previous reports or complaints about the rail safety worker?

Comment:

What is the rail safety worker’s absenteeism or sick leave record?

Comment:

Is there any other relevant information which needs to be considered?

Comment:

Module 5: Exercise 4: Assessment challenges - misreading the cues

“for cause/on suspicion” testing scenario – misreading the cues

You have 3-4 minutes to complete the exercise.

You are required to read the scenario and answer the questions.

It is late afternoon on a hot summer day and it is reported by another rail safety worker that Joe, a relatively new employee, appears to be vague, his speech slurred and he seems to be swaying on his feet. You know he returned to work after two days off with a bad bout of flu. His mate, Bob, a long term employee, tells you in confidence that Joe is an insulin-dependent diabetic but Joe doesn’t want it to get around the workplace.

Do you have sufficient reason to test Joe? (Justify your reasoning)

How would you manage this scenario if it occurred in your workplace?

Module 5: Exercise 5: Testing in remote locations (optional)

Testing in remote locations: challenges and solutions

You have 3-4 minutes to complete the exercise.

You are required to refer to your rail transport operator’s drug and alcohol management program and read the section on working in remote rural areas

Brainstorm a short list of challenges (2-3) that authorised persons may need to manage when doing “for cause/on suspicion” testing in the left hand column of the table, e.g. 3 hour time limit, no attended police station.

Develop 1-2 plausible, workable solutions for each challenge.

Challenges when doing “for cause/on suspicion” testing in rural remote areas

Plausible workable solution to challenges

1. Three hour time limit between being informed of a “for cause/on suspicion” testing situation and undertaking the testing.

1. Undertake a sobriety assessment

MODULE 6 OUTLINE Post-incident testing

Content

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 conditions

Learning Outcomes

At the end of the module, participants should be able to: explain the types of incidents or accidents for which post-incident testing is required outline who should be included in post-incident testing conduct post-incident testing, taking account of testing in remote locations and restrictions on

testing due to serious medical conditions

Module 6: Exercise 1: Case studies for post-incident testing

Post-incident Drug and Alcohol Testing

Read the following scenarios and answer the questions in terms of your rail transport operator’s drug and alcohol management program requirements 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”

Question 1: On what grounds is this situation a prescribed incident which would require post-incident drug and alcohol testing?

Question 2: Could there be any possible grounds for “reasonable excuse” in this situation?

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.

Question 3: Is this a prescribed incident or not and why?

Question 4: Who should be tested under the Rail Safety National Law (NSW) and why?

Scenario 3 – procedures for post-incident testing including testing in remote locations and restrictions on testing due to serious medical conditions

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.

Question 5: Could there be any possible grounds for not undertaking drug and alcohol testing of the rail safety worker in this situation?

Question 6: What are the procedures and documentation required for testing the rail safety worker in hospital and who is responsible for the testing?

MODULE 7 OUTLINE Managing notification responsibilities, record keeping and other testing issues and course

conclusion

Content

Record keeping requirements for documenting testing events and results Notification and documentation requirements for reporting to ONRSR Safety issues for authorised persons Concluding the course

Learning Outcomes

At the end of the module, participants should be able to: outline record keeping requirements for documenting testing events and results discuss notification and documentation requirements for reporting to the ONRSR describe safety issues for authorised persons and appropriate responses to workers who refuse to

co-operate with testing, including the involvement of the police

Module 7: Exercise 1: Rail transport operator record keeping responsibilities (optional)

Rail transport operator record keeping requirements

Instructions: (ii) Discuss overall drug and alcohol record keeping activities referring to your rail transport

operator’s drug and alcohol management program requirements. (iii) Ask participants to complete notes under each of the appropriate headings for at least

three forms or records they are required to keep.(iv) Note each form or record that is kept, when information is to be collected, to where

information is to be dispatched, who has access to the information and how it is to be securely stored.

Name of record/ form

When is information to be collected?

To where is the information to be dispatched?

Who has access to the information?

How is the information to be securely stored?

1.

2.

3.

4.

5.

6.

7.

Module 7: Resource Sheet: Managing notification responsibilities, record keeping and other testing issues

Relevant contact details for reporting and notification of drug and alcohol matters

Office of the National Rail Safety Regulator (ONRSR)

Contact details are:P: (08) 8406 1500F: (08) 8406 1501

E: [email protected]

Notifications should be emailed to [email protected] or faxed to (08) 8406 1501.

REFER TO: OCCURRENCE NOTIFICATION FORM; NOTIFICATION FORM - Drug and Alcohol Testing in NSW; and Periodic Information Monthly Return

mailto:[email protected]

mailto:[email protected]

Notification

Initial Assessment

Based on:- Type of test Drug quantity Occupation Operator’s D&A management program Form complete Reason for test (ie random, post-incident etc)

Request further information?

Request further informationfrom rail transport operator

No further action

Assess in line with ONRSRprosecution policy

Prosecute?

Prepare close out memo for approval

ONRSR prepares brief ofevidence (may require additional

statements from operator)Authorised person may be required to attend court

NO

YES

NO

YES

See attached list of furtherinformation that may be requested

ONRSR Process for Assessing Positive Drug & Alcohol Test Notifications

ONRSR Process for Assessing Positive Drug and Alcohol Test Notifications (Cont.)

Further information the ONRSR may request from the authorised person:

Whether the worker was an employee or a contractor.

Details of the exact nature of the work being carried out, or attempted to be carried out, by the worker.

Any statements made by the worker at the time of the testing regarding the possible causes of the positive test.

Whether a sobriety assessment was conducted and, if so, the results of the sobriety assessment.

The location in which the breath analysis was conducted (alcohol only).

Whether the breath test and analysis were conducted within three hours of the worker undertaking rail safety work (alcohol only).

Certified copies of all certificates of breath analysis issued under the Rail Safety National Law (NSW) in relation to the alleged offence (alcohol only).

Whether, in addition to the breath analysis, blood or urine samples were taken, and if so, whether the applicable procedures contained in the Rail Safety National Law (NSW) were observed (alcohol only).

Whether the worker applied to the approved laboratory that analysed the urine sample for a sample of his or her urine to be sent for analysis, at his or her own expense, to an approved laboratory nominated by the worker (drugs only).

Statements from the authorised person.

Further information on the type of work being carried out by the worker.

Further information the ONRSR may request from the operator:

Details of the worker’s employment record, and any previous performance or disciplinary issues related to safety in the 24 months prior to the positive test result.

Details of any action taken or pending by the operator in relation to the positive test result, including:- whether the worker has been stood down from rail safety work; - the details and outcomes to date of any disciplinary action taken in respect of the positive test; and- results of any internal investigations.

Whether the worker has participated in, or has indicated a willingness to participate in, an employer-sponsored drug and alcohol rehabilitation or counselling program and the degree to which the worker has complied with the requirements of any such program to date.

Information regarding the age, physical and/or mental health of the worker.

Certified copies of all certificates issued under the in Rail Safety National Law (NSW) relation to the alleged offence.

Module 7: Checklist of what to do during an incident of violence and aggression

What to do during an incident of violence and aggression

The following checklist has been developed for authorised persons and has been based on the WorkCover NSW Guidelines for managing violence and aggression.

Despite preventative measures, incidents of workplace violence can and do occur. An essential part of your plan is to be prepared. All employees likely to be exposed to violence and aggression must be aware of the types of situations which may arise and be trained in (ie: practice) the prevention controls in place.

General guidelines Violent situations do not usually “just happen”.

They often follow a pattern of escalating aggression:• annoyance;• raised voice;

• verbal threats, physical gestures;• actual physical violence

Avoid physical violence by recognising these signs and try to de-escalate the aggressive behaviour.

People affected by drugs or alcohol, are under the influence of mind-altering substances or the absence of a substance (withdrawal syndrome) may become violent.

It is possible to have strategies to prevent these incidents, as well as having procedures to handle such violent situations should they occur.

Violence from aggressors may be immediate and unpreventable. Be prepared to take escape action as soon as possible.

Where the aggressor threatens violence but has not yet become physically violent, do not do anything to aggravate them.

Withdraw from the situation immediately. Do not put yourself at risk or make thesituation worse.

Summon help and call police (if appropriate). Record details after the incident, notify or report the incident to your manager/supervisor.

Your manager/supervisor should ensure post-incident support is provided as required (including first aid, reporting, debriefing, counselling, compensation or legal assistance).

Acknowledge the incident and take steps to prevent a repeat occurrence. This includes investigating the causes of the incident and looking to see why your prevention measures, if any,

did not work.

FREQUENTLY ASKED QUESTIONS

1. What does a new drug and alcohol testing authorised person need to know in terms of knowledge and skills?

As a new authorised person, you should know your rail transport operator’s drug and alcohol management program requirements and the relevant sections of the Rail Safety National Law (NSW) almost “parrot fashion” as you need to be able to give correct and appropriate answers when you are in the field and when possibly challenged about your actions, the process or the lawfulness of testing. You also need good communication skills to explain testing and have the ability to understand and communicate with rail safety workers at all levels and from different backgrounds.

2. How do I get selected to become a drug and alcohol testing authorised person? Are they nominated, directed or do they apply for a position as an authorised person?

Rail transport operators may appoint authorised persons. The important point is to successfully complete the training provided by your rail transport operator. The ONRSR issues the identity card.

The Rail Safety National Law (NSW) requires you to produce your identity card on request to a person you require to submit to testing. The ONRSR requires accredited rail transport operators to provide training to new authorised persons before they commence any testing work. Authorised persons must have completed training in accordance with qualifications or experience considered appropriate by the ONRSR. The training requirements are published on the ONRSR’s website.

3. What are the different approaches to testing?

There are three approaches to testing an authorised person can undertake: random testing; targeted (eg “for cause/on suspicion”) testing and post-incident testing. The three approaches can be used for alcohol testing and for drug testing.

4. How do you resource drug and alcohol testing? Do authorised persons undertake all forms of testing? Can you use contracted testing services, particularly for drug testing?

Your rail transport operator’s drug and alcohol management program will provide guidance on which testing you may undertake and which will be undertaken by a third party testing service provider. For alcohol breath testing, you can undertake all forms of testing. Organisations can buy alcohol breath testing equipment, as long as it conforms to the Australian Standard AS3547: breath alcohol testing devices for personal use, or is 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. Many rail transport operators establish an agreement to access a NSW Police Station that has breath analysis equipment for when there is a positive result on a breath test. You can also do sobriety assessments if a breath testing device is not available.

For drug testing, your drug and alcohol management program will determine your role in carrying out drug testing. For example, you may be required to coordinate or to actually carry out random drug urine testing, making sure the process meets the Australian Standard/New Zealand Standard Procedures for specimen collection and the detection and quantitation of drugs of abuse in urine (AS/NZS 4308:2008). Most rail transport operators use an independent accredited third party testing service provider for all forms of drug testing.

5. How do you explain to rail safety workers the different types of testing requirements?

FREQUENTLY ASKED QUESTIONS ABOUT BEING AN AUTHORISED PERSON

Your rail transport operator’s drug and alcohol management program should address how rail safety workers will be informed of the drug and alcohol management program. In general, when a rail transport operator rolls out its drug and alcohol management program, the rail transport operator should tell their rail safety workers what the program is about and what it means in terms of everyone’s rights, responsibilities and testing requirements. This should happen well before any testing commences. All new rail safety workers should undergo the same briefing during their induction.Only authorised persons may require a rail safety worker to submit to testing. The Rail Safety National Law (NSW) requires the authorised person to produce their identity card on request to a person they require to submit to testing.

Generally, in random testing, no prior warning is given to the rail safety worker, however, they should be told they have been selected randomly and undergoing the testing is mandatory under the law and the rail transport operator’s drug and alcohol management program.

Usually, if a rail safety worker is the subject of a “for cause/on suspicion” test, then that rail safety worker is informed of the allegation and is given a formal directive to undergo the test.

The rail safety worker should be told that if they fail or refuse to comply with the directions given by the authorised person then that rail safety worker is committing an offence and could be subject to prosecution or disciplinary action.

6. What records do I need to maintain of testing activities?

You need to maintain some form of record of the names of rail safety workers and locations where testing has been undertaken. Your rail transport operator’s drug and alcohol management program will give you direction on how these records are to be kept. Monthly statistics are to be provided to the ONRSR (including from heritage operators) indicating the number of people tested.

7. What confidentiality and privacy provisions do I need to follow?

When doing random drug or alcohol testing, most rail safety workers in the workplace may be aware of your activities. However, maintaining confidentiality may still be an issue, particularly if the rail safety worker to be tested wishes to disclose the use of prescription drugs. Also, if you receive a positive breath test, the result and the instruction to undergo breath analysis should be given to the rail safety worker in a discrete way then reported to the worksite manager. During a “for cause/on suspicion” test, the rail safety worker should be approached in a tactful and discrete manner so as not to cause public embarrassment.

When taking urine samples for any form of drug testing, a private room is always used.

In terms of recording information, all documentation should be securely locked away in a filing system and only viewed by those in the organisation “who lawfully need to know”. Your rail transport operator’s drug and alcohol management program will provide you with guidance on how to approach the confidentiality and privacy requirements of your role.

8. How is the random testing program planned?

Who plans the random testing program depends on how the drug and alcohol management program is managed by your rail transport operator. There are many things that dictate who, where, when, and how many are tested. For example: deciding on how rail safety workers will be selected e.g. either by worksite, by random numbers or by

occupation; deciding whether higher risk job categories may need to be tested more often than other lower risk job

categories in accordance with the rail transport operator’s risk analysis; the impact of testing on railway operations; the resources you have available to do the testing i.e. breath alcohol testing equipment; access to third party

service providers for urine sample collection in drug testing; access to breath analysis equipment in the case of a positive breath test;

the amount of time each test requires; and

the number of rail safety workers your rail transport operator needs to test per year. Remember the National Regulations require not less than 25% of an organisation’s rail safety workers who perform rail safety work to be tested per year (excluding heritage operators).

You need to take these issues into account in the set-up phase of the testing process.

9. What indicators are used for “for cause/on suspicion” testing?

There are numerous indicators for “for cause/on suspicion” testing. Some of the common ones include: where a rail safety worker has deliberately left a site where rail safety workers are being or will be tested; where a rail safety worker is undertaking rail safety work and they smell of alcohol or appear to be under the

influence of a substance; where a complaint has been made alleging drug use, either by another rail safety worker or a member of the

public; where a manager/supervisor has strong suspicions; or where there has been a breach of the rail transport operator’s drug and alcohol management program.

10. What are the procedures the authorised person may be involved in if there is a positive drug test?

The procedures for dealing with a positive drug test will be determined by your rail transport operator’s drug and alcohol management program. Some of the issues you may need to consider are:

what your role and responsibilities are when a positive test occurs; informing the appropriate manager/supervisor at that location; removing the rail safety worker from rail safety work; having sufficient details of the rail safety worker and the results prior to recommending formal action; completing the reporting and documentation responsibilities under the drug and alcohol management

program; and how to fulfil the ONRSR’s notification requirements.

11. What personal safety issues may an authorised person sometimes need to contend with in drug testing e.g. infection control or dealing with aggression or violence?

Third party testing service providers have procedures to manage and prevent issues like infection control and contamination of test results in accordance with the Australian Standard/New Zealand Standard Procedures for specimen collection and the detection and quantitation of drugs of abuse in urine (AS/NZS 4308:2008). Your rail transport operator is responsible for ensuring any services contracted to undertake this work have appropriately qualified collectors and the services are performed safely.

Your rail transport operator’s drug and alcohol management program should address the risk of workplace violence associated with testing and have a procedure in place for you to follow.

Aggressive people can usually be dealt with by a full explanation of the legislation’s and your rail transport operator’s requirements. If the rail safety worker continues to be aggressive or becomes violent, stop the testing process. Do not place your own safety at risk. Report the incident to the appropriate on-site manager for possible future action and the ONRSR, and record the incident, using your rail transport operator’s incident forms.

12. How would you arrange for testing in remote locations?

Rail transport operator drug and alcohol management programs should address the need for testing in remote locations when an authorised person may not be available on site. For example, the program may address this issue by .appointing employees of a third party testing service provider as authorised persons to conduct the testing.

The program could also consider urine collection at a pathology collection centre or by a medical practitioner or registered nurse, under the direction of the authorised person, in accordance with AS/NZS 4308:2008 (The

program should provide contact details of pathology collection centres or medical practices that the operator has made arrangements with for this purpose.)

13. What drugs could a rail safety worker test positive for?

The drugs that your rail transport operator could test for in urine are in the following classes:CLASS DRUG FOUND IN:#

Opiates Morphine Heroin, Morphine, severe pain killers such as MS-Contin, Oxycontin, Proladone, Endone and Kapanol

Codeine Strong pain killers such as Panadeine, Panadeine Forte, Nurofen Plus, Mersyndol, Mersyndol Forte, Fiorinal and some cold and flu tablets.

Cocaine Cocaine Cocaine

Sympathemimetic amines

Amphetamines Ice

Methamphetamine Speed

MDMA Ecstasy

Pseudoephedrine Cold and flu tablets

Cannabis 11-nor-(9-Tetrahydrocannabinol-9-carboxylic acid

Marijuana

Benzodiazepines Diazepam Muscle relaxants such as Antenex and Valium

Nitrazepam Relaxants such as Alodorm and Mogadon

Oxazepam Sleeping tablets such as Alepam and Serepax

Temazepam Sleeping tablets such as Euhypnos and Normison

This list of drugs that are tested for was decided on by an independent group of scientists and other industry experts when the Australian Standard/New Zealand Standard (AS/NZS 4308) for drug testing was written. Your rail transport operator has had no input in to which drugs are tested for.

14. As an authorised officer, can I carry out oral fluid testing?

Yes, an authorised person may carry out oral fluid testing, but this will not count towards any testing required under the Rail Safety National Law (NSW).

Authorised persons appointed to conduct drug and alcohol testing in NSW will not be authorised to conduct testing or analysis under Rail Safety National Law by the use of oral fluid.

15. Can I test non-rail safety workers at a worksite?

Yes, provided this is covered in the operator’s drug and alcohol management plan. However, it is not required to report the results of this testing to the ONRSR. Testing of non-rail safety workers does not count towards any testing required under the Rail Safety National Law (NSW).

16. A person has just been to the toilet before I direct them to undergo a urine test and they ask if they can go and get a drink. Can I let them?

Yes, a worker may consume a small drink before testing, but it is recommended that the drink be consumed in the presence of the authorised person.

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