Under the Rail Safety National Law (RSNL), a rail safety worker must not carry out or attempt to carry out rail safety work while there is any presence of alcohol or a ‘prescribed drug’ in their system.
To manage this and reduce the risks to workers and the general public, rail transport operators are required to have a Drug and Alcohol Management Program (DAMP) in place, which includes drug and alcohol testing of their workers. Guidance on the preparation of a DAMP, including a drug and alcohol testing regime, is included in the Safety Management System guideline.
Rail transport operators are also required to:
Further guidance on these requirements is in the Drug and Alcohol: Requirements for Rail Transport Operators fact sheet and available on the Notifiable Occurrences webpage (which includes examples of prescribed incidents).
Drug and alcohol testing under the RSNL carried out by operators in NSW must be conducted by an authorised person appointed under the RSNL. Authorised persons must hold an identity card issued by either ONRSR, or an RTO or third party service provider that has been issued with a sub-delegation by ONRSR.
Other drug and alcohol management requirements applying specifically to rail operations in NSW include:
Further guidance on these requirements is in the Drug and Alcohol: Requirements for Rail Transport Operators (NSW Only) fact sheet and the Drug and Alcohol: Changes to the NSW D&A Testing Identity Card issuing process fact sheet.
Links to forms for appointing an authorised person and reporting in NSW are at the bottom of this page.
In addition to the programs put in place by operators, ONRSR undertakes:
The ONRSR drug and alcohol testing program, which was established in accordance with the Rail Safety National Law, aims to:
ONRSR has appointed AusHealth Work to undertake drug and alcohol testing on its behalf. AusHealth Work testers are appointed as authorised persons and carry an ONRSR-issued identity card.
Further guidance on ONRSR’s testing program is available from the ONRSR Drug and Alcohol Testing policy and the Drug and Alcohol: ONRSR’s Testing Program fact sheet.
Rail safety workers also have specific duties for drug and alcohol management and may be subject to disciplinary actions by the operator and/or penalties for not complying with the testing requirements for a rail transport operator or an Authorised Person (i.e. ONRSR).
Offences for not complying with the directions of an authorised person include:
The maximum penalty is $10,000.
There is an additional offence for intimidating, threatening or assaulting an authorised person, which carries a penalty of $50,000 or two years imprisonment (or both).
Rail safety workers in NSW may face additional penalties (refer to ONRSR’s Drugs and Alcohol: Requirements for Rail Transport Operators (NSW Only) fact sheet.
Further guidance is available from the Duties of Rail Safety Workers fact sheet.