115Random testing by DAMP operator

1. A DAMP operator must provide for testing of safety-sensitive workers in accordance with the approved DAMP and this section.

2. Random testing may be carried out only if the worker consents to be tested.

3. The DAMP operator must ensure that a person who carries out random testing is competent to carry out the testing, including by having any necessary experience or qualifications.

4. The person who carries out the random testing of a worker must,—

5. when first approaching the worker for the purpose of random testing, give the worker a written statement that sets out the following:
   1. the statutory power to carry out the test:
   2. 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:
   3. an explanation that the worker has the right to refuse consent to testing:
   4. an explanation of the consequences if the worker refuses consent or returns a test result other than a negative result:
   5. that the worker will be informed of the test result (and approximately when that will happen):
   6. any other matter prescribed by the rules; and
6. before testing the worker,—
   1. take reasonable steps to establish the worker’s identity; and
   2. explain to the worker that the worker has the right to refuse consent; and
   3. explain to the worker the consequences if the worker refuses consent or returns a test result other than a negative result; and
   4. ask for the worker’s consent to testing; and
7. carry out the test only in relation to—
   1. alcohol and the testable drugs specified in the DAMP; and
   2. the permissible levels (if any) for alcohol or testable drugs specified in the DAMP; and
8. carry out the test in accordance with the DAMP and any requirements prescribed by the rules.

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

10. A written statement under subsection (4)(a) must be provided to the worker on request at any time.