Health Articles

 

S108-02

Victoria Government Gazette
No. S 108 Tuesday 25 June 2002 By Authority. Victorian Government Printer Transport Act 1983
ORDER AS TO DECLARED DRUGS I, Peter Batchelor, acting under section 93(1AA) of the Transport Act 1983, by this
each of the substances specified in the Schedule to this Order; and (ii) any natural principle, any natural or synthetic derivative, any salt and any compound of those substances; and (iii) any preparation or admixture of those Cyclohexanone (Ketamine) substances, active principles, salts or (iv) any substance included in a class of drug specified in the Schedule to this (v) any deleterious substance as defined by section 57 of the Drugs, Poisons
and Controlled Substances Act 1981
to be a drug for the purposes of that The Schedule
N, N-Diethyltryptamine 25 June 2002 Victoria Government Gazette N, N-Dimethyltryptamine Dioxaphetyl Butyrate Diphenyl Pyraline 5-Methoxy- N, N-Diethyltryptamine 5-Methoxy- N, N-Dimethyltryptamine Butanamine (MBDB) 4-Hydroxybutanoic Acid (GHB) Lysergic Acid Diethylamide Victoria Government Gazette 25 June 2002 1-[1-(2-Thienyl) Cyclohexyl] Piperidine Dated 20 June 2002 Minister for Transport 25 June 2002 Victoria Government Gazette Transport Act 1983
Procedure to be followed in Assessing Drug Impairment Section 96A(7) of the Transport Act 1983 provides that The Secretary may, by notice published
in the Government Gazette, specify the procedure to be followed in assessing drug impairment. In accordance with that section, I, Lyndsay Neilson, as The Secretary, specify the procedure contained in the Schedule to this Notice as the procedure to be followed in assessing drug
impairment.
The Schedule
Procedure for Assessing Drug Impairment
11.
This procedure is to be carried out by a member authorised to do so under section 100A of
the Transport Act 1983 (the Ôassessing officerÕ).
The procedure consists of the following: an interview by the assessing officer of the person who is to be assessed (ÔthesubjectÕ); a request by the assessing officer to the subject to perform a Horizontal GazeNystagmus Test as described below; the performance of that test by the subject; observation by the assessing officer of the performance of the subject during thattest; a request by the assessing officer to the subject to perform a Walk and Turn Testas described below; the performance of that test by the subject; observation by the assessing officer of the performance of the subject during thattest; a request by the assessing officer to the subject to perform a One Leg Stand Testas described below; the performance of that test by the subject; observation by the assessing officer of the performance of the subject during thattest; the progressive completion by the assessing officer of a Standard ImpairmentAssessment Report in accordance with the Regulations.
The interview consists of questions about the subjectÕs name, address and date of birth, thecircumstances that led to the identification of the subject and any recent history of illness,injury, medical treatment or drug use.
The purpose of these questions is to obtain relevant information as well as to permitobservations to be made that may assist in establishing whether impairment is presentor not.
If at any time during the interview the assessing officer suspects that the subject may besuffering from an injury or illness that may be the cause of impairment, the assessingofficer must take immediate steps to arrange for the subject to be examined by a registeredmedical practitioner.
Horizontal Gaze Nystagmus Procedure
16.
The assessing officer informs the subject that the assessing officer is going to check thesubject's eyes. If the subject is wearing eyeglasses the assessing officer directs the subjectto remove them. The assessing officer asks the subject if the subject wears contact lenses Victoria Government Gazette 25 June 2002 and notes the reply. The assessing officer instructs the subject to keep the subjectÕs headstill, and follow the movement of an object held by the assessing officer by moving the eyesonly. The assessing officer directs the subject to focus on the object until directed to stop.
This test should not be administered if the subject has an obvious abnormal eye disorder oran artificial eye.
The assessing officer observes and notes whether the subjectÕs eyes track the stimulustogether or one eye lags behind the other, whether both pupils are equal in size, whether thesubject's eyes are able to pursue the stimulus smoothly, or with a jerky motion.
The assessing officer then observes each of the subjectÕs eyes separately to determine Ð(a) whether nystagmus is visible in the left eye when the eye is held as far to the leftas possible or in the right eye when the right eye is held as far to the right aspossible; whether, when each eye is observed separately, nystagmus is observable in the lefteye before the left eye has moved beyond 45 degrees from the extreme leftposition, or in the right eye before the right eye has moved beyond 45 degrees fromthe extreme right position, or whether vertical nystagmus is present.
The assessing officer also notes any other observations that may be relevant to the subjectÕsperformance in this test.
Walk and Turn Procedure
10.
The test is conducted on a dry, hard, level, non-slippery surface marked with a straight line.
There should be sufficient room for the subject to complete nine heel-to-toe steps.
The assessing officer directs the subject to place the subjectÕs left foot on the marked line,and the right foot in front of the left foot, with the heel of the right foot against the toe ofthe left foot. The assessing officer demonstrates these actions. The assessing officer thendirects the subject to place the subjectÕs arms down by the subject's sides and to stay in thatposition until directed to begin. The assessing officer tells the subject not to start to walkuntil told to do so. The assessing officer asks the subject whether the instructions have beenunderstood, and if necessary, repeats them to the subject.
The assessing officer then explains the test requirements, using oral instructions,accompanied by demonstrations. The subject is directed that, when told to start, the subjectis to take nine heel-to-toe steps down the line, turn around, and take nine heel-to-toe stepsback up the line. The assessing officer demonstrates two or three heel-to-toe steps. Thesubject is then directed to turn by keeping the subject's front foot on the line and taking aseries of small steps with the other foot. The assessing officer demonstrates this manoeuvre.
The subject is directed to keep the subjectÕs arms down by the subjectÕs sides throughoutthe test, to watch the subjectÕs feet at all times, and to count each step out loud. The subjectis also directed to not stop walking until the subject has completed the test. The assessingofficer asks the subject whether the instructions have been understood, and if necessary,repeats them.
The subject is then directed to begin and to count the steps, with the first step from theheel-to-toe position being counted as ÒOneÓ.
The assessing officer notes whether the subject maintains balance while listening toinstructions, starts to walk before being instructed to do so, stops while walking, does notwalk Ôheel-to-toeÕ, steps off the line, uses the arms to maintain balance, takes the incorrectnumber of steps or does not turn as directed. The assessing officer also notes if the subjectfails to complete the test.
One Leg Stand Procedure
16.
The assessing officer directs the subject to stand with the subject's feet together and thesubject's arms down by the subject's sides, and to not start the test until told to do so. The 25 June 2002 Victoria Government Gazette assessing officer demonstrates this. The assessing officer then asks the subject whether theinstructions have been understood, and, if necessary, repeats them.
The assessing officer then directs the subject that when told to start the subject must raiseone leg approximately 15 centimetres off the ground with toes pointed out, with both armsstraight, and by the subjectÕs sides. The assessing officer demonstrates this.
The assessing officer then directs the subject to hold that position and count out loud for thirty seconds in the manner demonstrated while the subject keeps the subjectÕs arms by thesubjectÕs sides and watches the raised foot. The assessing officer then asks the subjectwhether the instructions have been understood, and, if necessary, repeats them.
The assessing officer then directs the subject to start. The assessing officer allows the testto continue for 30 seconds. The test is discontinued after 30 seconds.
The assessing officer then directs the subject to repeat the test while standing on theother leg.
The assessing officer notes whether the subject sways while balancing, uses arms tomaintain balance, hops, or puts the subjectÕs raised foot on the ground. The assessingofficer also notes if the subject is unable to complete the test. This information is recordedseparately for each leg.
At the conclusion of the above impairment assessment procedure, the assessing officerreviews all the available information including the authorised officers impairmentassessment report, the result of any evidential breath alcohol analysis test, any informationobtained from observation or questioning and the results of the three tests referred to inparagraph 2 above. The assessing officer then considers all of this information and formsan opinion as to whether the subject may be impaired by a drug, or drugs.
Dated 18 June 2002 Victoria Government Gazette 25 June 2002 PROTOCOLS FOR THE DEVELOPMENT OF PROCEDURES FOR THE CONTROL OF DRUGS IN RAIL SAFETY WORK IN ACCREDITED RAIL ORGANISATIONS This protocol describes an approved framework for accredited rail organisations to developconsistent company processes for the control of drugs in rail safety work. This protocol applies to all rail organisations accredited to operate in Victoria. It addressesthe processes illustrated by the attached flow chart entitled Process of Drug ImpairmentAssessment (which does not form part of this protocol).
Authorised Officer means a person who is authorised by the Secretary of the Department
of Infrastructure in accordance with s. 93 of the Transport Act 1983.
For the purposes of the Transport (Alcohol and Drug Controls) Act 2001 an Authorised
Officer is a person nominated by an accredited rail organisation who has satisfactorily
completed a competency based training course approved by the Secretary to undertake
preliminary breath tests and preliminary impairment assessments either for the whole of a
specified railway or tramway system or a specified part of such a system.
[Note that officers of the Victorian Police are authorised under the Transport Act 1983 to
undertake Drug Impairment Assessments and at the request of the rail organisation, may
also conduct preliminary breath tests and preliminary impairment assessments.]
Company processes means internal processes issued by an accredited rail organisationincluding, but not confined to policies, procedures and work instructions. Section 93(1) of the Transport Act 1983 defines a drug as any substance that has been
declared for the purposes of the drug control provisions and
any substance Ð Ð Ð that may temporarily or permanently deprive a person of his or hernormal mental or physical faculties. It may be a substance in any form, whether gaseous,liquid, solid or other and includes material, preparation, extract and admixture.
Illegal Drug Means drugs prohibited by the Drugs, Poisons and Controlled Substances Act 1981 and
includes cannabis in its various forms, non-prescribed opiates, such as heroin,
non-prescribed amphetamines or speed, and Òdesigner drugsÓ such as ecstasy and cocaine.
Medication Medication means prescription or over the counter medication or herbal remedies.
Drug Impairment Assessment
Section 96A of the Transport Act 1983 provides for a drug impairment assessment. Under
procedures published in the Government Gazette, a drug impairment assessment is carried
out by specifically trained Police Officers in a controlled environment, such as a police
station using a structured, systematic assessment process for identifying impairment.
Because a positive result to a Drug Impairment Assessment may be the basis for a
prosecution, all stages must be carried out to an evidential standard. This includes the video
taping of tests.
25 June 2002 Victoria Government Gazette Irregular Incident
An irregular incident is defined in section 93 of the Transport Act 1983 and means an
occurrence on a railway or tramway system that is not an accident but involves a breach of
the operating rules or procedures of the system.
Notifiable Occurrence
A notifiable occurrence is defined in the Transport (Rail Safety) Regulations 1998 Section
7(a) as involving:
the death of any person incapacitating injury to any person any derailment of any unit of rolling stock for which the person is accredited whichresulted in significant damage to any property or equipment any collision between any rolling stock and any person, other vehicle,infrastructure or any other obstruction or cause resulting from the construction,maintenance or operation of the railway for which the person is accredited whichresulted in significant damage to any property or equipment; or any fire, explosion or any other occurrence which resulted in significant propertydamage.
Significant damage is defined as damage in excess of $100,000 for trains and $15,000 fortrams.
Preliminary Impairment Assessment (PIA)
A preliminary impairment assessment is conducted by an Authorised Officer and in some
circumstances, a Police Officer. A PIA provides a Òshow causeÓ assessment and comprises
the existing preliminary breath test (PBT) for alcohol and a standardised procedure for
observing behaviour and appearance and recording results. A PIA is not required to be
carried out to an evidential standard, so is not videotaped. The results of a PIA may indicate
if further company processes for drug controls should be initiated, such as a medical
appointment and/or urine/blood test and in exceptional circumstances, may indicate that an
evidential drug impairment assessment is required.
Rail Safety Work
Rail Safety Work is as defined as safety work in s. 93 of the Transport Act 1983 and for
this protocol includes any work carried out on a railway or tramway system:
as a driver, second person, trainee driver, guard, conductor, supervisor, observer orauthorised officer; as a signal operator, shunter or person who performs other work relating to themovement of trains or trams; in repairs, maintenance, or upgrade of railway infrastructure, including for rollingstock or associated works or equipment; in construction or as a look out for construction or maintenance; any other work that may be included by regulation.
ALCOHOL AND ILLEGAL DRUGS
The Transport Act 1983 makes it an offence in Victoria to perform rail safety work while
under the influence of alcohol or impaired by a drug. It is prohibited for a rail safety worker
to report for duty or remain on duty for rail safety work while:
(i)
having a blood alcohol level greater than zero; or impaired by a drug, whether illegal or prescribed by a medical or healthpractitioner.
Victoria Government Gazette 25 June 2002 Most accredited rail organisations have existing company processes for dealing withalcohol and illegal drugs which require a zero blood-alcohol concentration and prohibit theuse of illegal drugs by rail safety workers. The following protocols primarily relate to the management and assessment of impairmentby medications. However, a preliminary impairment assessment and/or drug impairmentassessment may be used to assess a rail safety worker for impairment by an illegal drug.
MANAGEMENT OF MEDICATIONS IN RELATION TO RAIL SAFETY WORK
Where a rail safety worker has been advised by a doctor or health practitioner that they arelikely to be impaired for rail safety work, or where a rail safety worker believes he or shemay be impaired as a result of their medication, the rail safety worker must advise theirsupervisor that they are unfit to undertake rail safety work and must not commence theirrail safety duties until certified fit to do so. Where a rail safety worker believes while undertaking rail safety work that he or she hasbecome impaired as a result of their medication, they must immediately cease duties andbring this to the attention of their supervisor and may not resume rail safety work untilcertified fit to do so.
A supervisor should not disclose any health information provided to any unauthorisedperson but should deal with the health information provided in a sensitive manner asrequired by law and: ensure the rail safety workerÕs ability to do rail safety work safely is assessed; seek further advice from the company medical advisor if necessary; ensure that the employee does not undertake safe working activities until certainthey are fit to do so. Where a rail safety worker is unfit for normal duties because of impairment by amedication, normal company processes should apply.
A rail safety worker who undertakes rail safety work having failed to disclose to theirsupervisor that they were advised by a doctor or health practitioner that they are likely tobe impaired by a medication or having failed to disclose that they feel impaired may bereferred to normal company processes.
PRELIMINARY IMPAIRMENT ASSESSMENT (PIA)
An employee who observes or has a reasonable belief that a rail safety worker within therail organisation may be impaired by a drug should immediately report the matter to theirsupervisor.
The supervisor should ensure that the allegation with respect to the rail safety worker isinvestigated for validation.
If a supervisor has a reasonable belief based on a workerÕs appearance such as poor mentalalertness, poor physical co-ordination or unusual behaviour, that a rail safety worker maybe impaired by a drug while: about to commence a shift; within three hours of completing a shift.
The supervisor may require the rail safety worker to undertake a preliminary impairmentassessment (PIA).
The supervisor should ensure that the rail safety worker is relieved of their dutiesimmediately until assessment can occur.
25 June 2002 Victoria Government Gazette The result of a PIA must be recorded using the most current Preliminary Breath Test &
Impairment Assessment Record form as approved by the Secretary. When completed, this
form contains health information and is subject to the provisions of the Health Records
Act 2001.
A copy of the record should be offered to the rail safety worker who has been assessed.
Disclosure to other persons must be in accordance with the rail organisationÕs policy
statement for the management of and access to health records which is kept in compliance
with the Health Records Act 2001.
An Authorised Officer who undertakes a PIA must provide the rail safety worker with a
Òcollection statementÓ consistent with the Health Privacy Principle 1.4 under the Health
Records Act 2001, and ensure that the rail safety worker is made generally aware of:
who is making the assessment and the purpose for which it is being made andrecorded; the requirements in the Transport Act 1983 for a rail company to have in place
and maintain drug control measures, including the PIA;
where the PIA record will be stored and the fact that he or she can gain accessto it; to whom the PIA record will be disclosed. This may include:Ð the rail safety workerÕs manager; the rail organisationÕs authorised medical officer; the police where relevant and upon request; auditors for the Department of Infrastructure.
If no company Authorised Officer is immediately available, the rail organisation mayarrange for the PIA to be conducted by the Authorised Officer of another accredited railorganisation or with the agreement of the rail organisation, a police officer. If the result of the PBT is positive, company procedures for control of alcohol apply.
If the result of the PBT is negative, and the result of the PIA indicates a Òshow causeÓ, therail safety worker may be required to consult an authorised medical practitioner and/orprovide a urine sample at an authorised location according to company procedures. A copy of the completed Preliminary Breath Test & Impairment Assessment Record may
be provided on request to the authorised medical practitioner and may be disclosed to
relevant rail organisation management in accordance with the rail organisationÕs policy
statement for the management of and access to health records which is kept in compliance
with the Health Records Act 2001.
A urine/blood sample must be taken within three hours of the rail safety worker ceasing railsafety work.
In the event that a PIA has been performed by a Police Officer and report or PIA record hasbeen forwarded to the rail organisation, the rail safety worker should be made aware of thereceipt as required by law and provided with a copy upon request.
IRREGULAR INCIDENT OR ACCIDENT
In the event of an irregular incident or notifiable occurrence, a rail safety worker is required
to undergo a PIA.
In the event of an irregular occurrence, if the results of the PIA indicate either a positivePBT or likely impairment by a substance other than alcohol, the rail organisation mustensure that the Secretary, Department of Infrastructure is notified, providing the outcomeof the PIA specified on the Preliminary Impairment Breath Test & Impairment AssessmentRecord.
The Secretary Department of Infrastructure may determine that where a rail safety workerhas a positive PBT or a PIA which indicates that impairment by a drug is likely, the mattermay be referred to the Police to undertake a Drug Impairment Assessment.
Victoria Government Gazette 25 June 2002 In the event of a notifiable occurrence, if the results the PIA indicate either a positive PBTor that impairment by a substance other than alcohol is likely, the rail organisation mustrefer the rail safety worker to the police for a drug impairment assessment. The Secretary,Department of Infrastructure must be notified.
The above processes must be completed within three hours of the irregular incident oraccident.
DRUG IMPAIRMENT ASSESSMENT
A drug impairment assessment is undertaken as a result of a serious matter and for thepurposes of possible prosecution and is undertaken by a specially trained Police Officer andis video taped for evidentiary purposes.
A drug impairment assessment will be conducted according to the procedure prescribed inthe Government Gazette.
Where the rail organisation has conducted the PIA, a copy of the Preliminary ImpairmentBreath Test & Impairment Assessment Record may be provided to the Police upon request.
The rail organisation should ensure that a representative of the rail organisationaccompanies the rail safety worker to the police station. The rail organisation should ensure that where the results of the drug impairmentassessment and/or the blood or urine tests are either negative or positive, a record is madein the rail safety workerÕs medical file. REFUSAL TO UNDERGO ASSESSMENT
A refusal to undergo a preliminary impairment assessment and/or testing may result indisciplinary action by the company. It is an offence under the Transport Act 1983 to refuse to co-operate with the Drug
Impairment Assessment or to undergo blood and/or urine testing if lawfully requested by
the police to do so. Refusal to co-operate may result in the imposition of penalties in
accordance with the provisions of the Transport Act 1983.
WHERE THE RAIL SAFETY WORKER HAS BEEN INJURED IN A RAILWAY
ACCIDENT
The rail organisation should ensure employees responsible for the site co-operate withPolice and/or emergency services personnel who attend a notifiable occurrence. The rail organisation must ensure that the hospital or medical centre where an injured railsafety worker has been taken is advised of its responsibility to take a blood or urine samplefrom the injured worker for the purposes of determining the presence of alcohol or a drug.
The rail organisation should ensure that a representative of the organisation attends at thehospital or medical centre where an injured rail safety worker has been taken.
The rail organisation must comply with the provisions of both the Information Privacy
Act 2000 and the Health Records Act 2001 and the privacy principles that form part of
both Acts. These Acts regulate the collection, storage and use of personal and health
information obtained about an individual and a rail organisation may commit an offence if
it breaches either or both of the acts.
Some of the matters that are covered in the Acts include: the type of information that can be collected and how it is collected; the use and disclosure of the information; the quality and security of the data that is collected; access to and correction of the information. A rail safety worker seeking access to their health information may be referred to the rail
organisationÕs policy statement for the management and disclosure of, and access to health
records which is kept in compliance with the Health Records Act 2001.
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