40YInterpretation

1. In this Part, unless the context otherwise requires,—

   bodily sample means any of the following:

   1. biological fluid:
   2. biological tissue (whether living or not):
   3. breath

   Director testing means drug or alcohol testing carried out by the Director under section 40Z

   drug or alcohol test means—

   1. a test of a person’s bodily sample to determine the presence, but not the level, of alcohol or a testable drug (or both) in the sample; or
   2. a test of a person’s bodily sample to determine the presence and the level of alcohol or a testable drug (or both) in the sample

   negative result, in relation to a drug or alcohol test, means that the test reveals—

   1. that alcohol or a testable drug (or both) is not present in the bodily sample; or
   2. if the Director, in carrying out Director testing, applies the permissible level of alcohol or a testable drug prescribed by the maritime rules, that alcohol or a testable drug is not present in the body at that specified level; or
   3. if the Director, in carrying out Director testing, applies the permissible level of alcohol or a testable drug specified in the operator’s safety system, that alcohol or a testable drug is not present in the body at that specified level

   operator means an operator who—

   1. operates a ship other than a pleasure craft; and
   2. holds a maritime document for operating that ship; and
   3. is required by maritime rules to establish and follow a management system for the purposes of section 17(4)(a)

   safety-sensitive activity—

   1. means an activity that could significantly affect the health or safety of any person on board a ship, including the person performing the activity; and
   2. includes an activity prescribed by the maritime rules

   safety-sensitive worker—

   1. means an individual who carries out work in any capacity for an operator in a role that involves the worker performing a safety-sensitive activity; and
   2. includes the operator, if the operator is an individual

   safety system means the management system referred to in paragraph (c) of the definition of operator in this section

   testable drug—

   1. means a drug that could impair a safety-sensitive worker’s performance of a safety-sensitive activity; and
   2. includes a drug prescribed by the maritime rules; and
   3. may include, for the purposes of section 40Z(4)(a), a drug specified in the operator’s safety system as a drug for which testing may be carried out.