Changes to requirements for drug and alcohol testing equipment and processes
Breath testing devices
Any breath testing device which complies with Australian Standard AS3547: Breath alcohol testing devices for personal use may be used. (Refer to clause 3 of the Regulations.)
Before it was amended, clause 3 only permitted the use of the limited range of devices used by NSW Police for road safety drug and alcohol testing, and prevented the use of a wider range of devices which are equally accurate and commonly used in workplace testing programs.
Approved laboratories for urine testing
“Approved laboratories” are those which are accredited by the National Association of Testing Authorities to conduct analysis in accordance with Australian Standard 4308: Procedures for the collection, detection and quantitation of drugs of abuse in urine. (Refer to clause 3 of the Regulations.)
This change has streamlined the process for approval of laboratories.
Collection of urine samples
Samples must be collected, transported and stored in accordance with procedures set out in section 3 of Australian Standard 4308: Procedures for the collection, detection and quantitation of drugs of abuse in urine. (Refer to clause 17 of the Regulations.)
Former provisions unnecessarily repeated and in some cases conflicted with the procedures set out in AS4308. For example, AS4308 requires that samples be transported in sealed containers which minimise the possibility of damage or tampering during transportation. However, the old clause 17 of the Regulations only permitted the use of a single type of security box approved by the Commissioner for Police for the transportation of urine samples.
On-site analysis of urine samples
On-site urine drug screening devices may be used for initial analysis of urine samples. (Refer to clause 3 of the Regulations.)
The amendments permit the use of on-site urine drug screening devices which have the same immunoassay process and have the same drug presence cut-off levels as AS4308.
To ensure the highest standards of accuracy and fairness, the new clause 17 of the Regulations provides that, where initial analysis indicates the presence of drugs, the sample must be referred to an approved laboratory for confirmatory analysis in accordance with AS4308.
Independent analysis of urine samples
Railway employees from whom samples are taken may, within 12 months after the taking of a positive sample, request a portion of their sample to be independently analysed.
The new clause 17(6) of the Regulations enables railway employees to seek independent analysis of their urine samples, at their own expense. This is consistent with clause 16(3), which enables independent analysis of blood samples.
Under the previous arrangements, the results of any analysis of these samples could be challenged on the basis that there was no documented “chain of custody” for the sample, and that the sample may have been adulterated, substituted or diluted.