40ZDirector testing

1. The Director may carry out drug or alcohol testing of 1 or more safety-sensitive workers of an operator.

2. Director testing—

3. must be carried out in relation to alcohol and testable drugs; and
4. may be carried out without giving advance notification to the operator or to the workers selected for testing; and
5. may be carried out at any reasonable time and in any reasonable circumstances the Director considers appropriate; and
6. may be carried out only if the worker consents to be tested; and
7. must be carried out by a person who is competent to carry out the testing, including by having any necessary experience or qualifications.

8. Subject to this section, Director testing must be carried out in accordance with the maritime rules.

9. If the operator’s safety system includes a scheme for carrying out drug and alcohol testing of safety-sensitive workers, Director testing may, at the Director’s discretion, be carried out in relation to the testable drugs and the permissible levels of alcohol and testable drugs—

10. specified in the safety system; or
11. prescribed by the maritime rules.

12. When carrying out Director testing, the Director must—

13. carry a document that states—
    1. the name and contact details of the person carrying out the test; and
    2. an explanation of the statutory power to carry out the test; and
    3. any other matter prescribed by the maritime rules; and
14. show the document to the worker on first approaching the worker and at any later time on request; and
15. take reasonable steps to establish the identity of a worker who is to be tested; and
16. ask for the worker’s consent before testing the worker; and
17. give the worker a written statement that contains the information and other matters set out in subsection (6).

18. The statement required under subsection (5)(e) must contain the following:

19. the matters set out in the document referred to in subsection (5)(a):
20. the purpose of the test:
21. a general description of how the test will be carried out, including how the bodily sample will be taken and how it will be analysed:
22. an explanation of the consequences of refusing to consent or of the worker’s test returning a result other than a negative result:
23. advice that the worker will be informed of the result of the test (and approximately when this will happen):
24. advice about the worker’s right to appeal to the District Court under section 424 against the decision to test the worker:
25. advice about the worker’s right to request a second test under section 40ZA and any charge for carrying out a second test.

26. As soon as practicable after the Director becomes aware of the result of a test, the Director must give the test result to the worker tested and the operator.

27. A safety-sensitive worker who has been tested or selected for testing under this section may appeal against the decision to test that worker to the District Court under section 424.

Notes

• Section 40Z: inserted, on 16 December 2017, by section 5 of the Maritime Transport Amendment Act 2017 (2017 No 48).
• Section 40Z(6)(a): amended, on 30 November 2022, by section 77 of the Statutes Amendment Act 2022 (2022 No 75).