Part 5
Enforcement: sanctions and offences
Sanctions for breach of obligations other than young person or young parent obligations:
Evidential drug test
258Effect of request for evidential drug test
A request by a person (P) for an evidential drug test that complies with the requirements set out in section 257(2) has the following effect until the result of the test is notified to MSD:
- any sanction imposed on P under section 232 for failing the associated prior screening drug test is suspended:
- any failure for the purposes of sections 240(1) and 262 based on P failing the associated prior screening drug test is suspended:
- P is not liable under section 260 for the actual and reasonable costs (if any) of P's associated prior screening drug test that have been reimbursed to the employer under section 151.
If a request for an evidential drug test does not comply with the requirements set out in section 257(2), MSD may proceed to impose the appropriate sanction as if the request had not been made.
This section is subject to section 149(1) (which provides that a person is taken to have failed an evidential drug test requested under section 257 if the person fails a screening test and waives an associated evidential drug test).