Participant S Workbook

May 2013

Participant’s workbook

Model training course for drug and alcohol testing authorised persons appointed by rail transport
operators accredited in NSW

The training material contained in this model training course is not an official ONRSR operational guideline. This material is made available for the assistance of rail transport operators in NSW to facilitate the training of suitably experienced staff for appointment as ‘authorised persons’ to conduct drug and alcohol tests for or on behalf of accredited rail transport operators in NSW.

This material may not be suitable for all rail transport operators in NSW. Rail transport operators should ensure they develop and implement a training program that is appropriate and satisfactory for their purpose, having regard to the particular railway operations for which they are accredited and their obligations under the relevant legislation and guidelines.

ONRSR accepts no responsibility for any errors or omissions in the attached course material and makes no warranty as to the appropriateness of this model course for any particular rail transport operator. ONRSR reserves the right to change the course content without prior notice.

Copyright in this course material vests in the ONRSR. The course may be used for training purposes without reference to ONRSR, provided copyright is acknowledged and this disclaimer is attached.

Contents

Course outline

Overall learning outcomes

Module 1: Course overview and legislative requirements

¨  Overall Learning Outcomes

¨  Module 1 Content

¨  Module 1 Learning Outcomes

¨  Exercise 1: Key requirements of your rail transport operator’s drug and alcohol management program

¨  Exercise 2: Quiz questions: Legislative requirements for testing

¨  Information Sheet #1: What are the key requirements for drug and alcohol management programs?

¨  Information Sheet #2: What the legislation says for drug and alcohol testing?

¨  Information Sheet #3: What are the main offences and penalties relating to alcohol or other drugs?

¨  Information Sheet #4: Understanding alcohol and other drugs

Module 2: Rights, roles and responsibilities

¨  Module 2 Content

¨  Module 2 Learning outcomes

¨  Principles of good practice in testing

¨  Exercise 1:Duty of Confidentiality on Authorised Persons (RSNL s244)

¨  Exercise 2: Quiz questions: Rights , roles and obligations

¨  Exercise 3: Worksheet: Whose rights, roles and obligations

¨  Information Sheet #5: What are the rights and obligations of those involved with drug and alcohol testing?

Module 3: Planning the use of equipment and communicating about testing

¨  Module 3 Content

¨  Module 3 Learning outcomes

¨  Exercise 1: Drug and alcohol testing equipment and procedures multiple choice scenarios

¨  Exercise 2: Worksheet: Scripts for authorised persons

¨  Exercise 2 (Cont.) : Debrief of scripts for authorised persons

¨  Flowchart Resource: Procedures for a positive breath test or sobriety assessment

¨  Exercise 3: Scripts for responding to positive test results

¨  Exercise 4: Scripts for responding to refusal or failure to undergo testing

¨  Pro-forma: Breath analysis conducted in accordance with the Rail Safety National Law (NSW) and Certificate of Evidence under Clause 28 of the Rail Safety (Adoption of National Law) Regulation 2012

¨  Information Sheet # 6: What are the requirements for drug and alcohol testing equipment and services?

Module 4: Random testing

¨  Module 4 Content

¨  Module 4 Learning outcomes

¨  Exercise 1 : Planning random drug and alcohol testing activities

¨  Exercise 2: Random drug and alcohol testing scenarios

¨  Information Sheet #7: Planning and organising issues for authorised persons

Module 5: “For cause/on suspicion” testing

¨  Module 5 Content

¨  Module 5 Learning outcomes

¨  Exercise 1: Case Studies Exercise: Indicators of being under the influence

¨  Sample scripts for approaching a rail safety worker where you have a reasonable belief that the worker might be under the influence of alcohol or a drug

¨  Exercise 2: Worksheet: “For cause/on suspicion” testing – drug and alcohol sobriety assessment

¨  Exercise 3: Worksheet: Responding to information about rail safety workers allegedly under the influence

¨  Exercise 4: Assessment challenges - misreading the cues

¨  Exercise 5: Testing in remote locations (optional)

Module 6: Post-incident testing

¨  Module 6 Content

¨  Module 6 Learning outcomes

¨  Exercise 1: Case studies for post-incident testing

Module 7: Managing notification responsibilities, record keeping and other testing issues; course conclusion

¨  Module 7 Content

¨  Module 7 Learning outcomes

¨  Exercise 1: Rail transport operator record keeping requirements (optional)

¨  Resource Sheet: Managing notification responsibilities, record keeping and other testing issues

¨  Checklist of what to do during an incident of violence and aggression

¨  Course conclusion

Frequently Asked Questions

1.  What does a new drug and alcohol testing authorised person need to know in terms of knowledge and skills?

2.  How do people get selected to become drug and alcohol testing authorised persons? Are they nominated, directed or do they apply for a position as an authorised person?

3.  What are the different approaches to testing?

4.  How do you resource drug and alcohol testing? Do authorised persons undertake all forms of testing? Can you use contracted testing services, particularly for drug testing?

5.  How do you explain to rail safety workers the different types of testing requirements?

6.  What records do I need to maintain of testing activities?

7.  What confidentiality and privacy provisions do I need to follow?

8.  How is the random testing program planned?

9.  What indicators are used for “for cause/on suspicion” testing?

10.  What are the procedures the authorised person may be involved in if there is a positive drug test?

11.  What personal safety issues may an authorised person sometimes need to contend with in drug testing e.g. infection control or dealing with aggression and violence?

12.  How would you arrange for testing in remote locations?

13.  What drugs could a rail safety worker test positive for?

14.  As an authorised officer, can I carry out oral fluid testing?

15.  Can I test non-rail safety workers at a worksite?

16.  A person has just been to the toilet before I direct them to undergo a urine test and they ask if they can go and get a drink. Can I let them?

DRUG AND ALCOHOL TESTING AUTHORISED PERSONS’ TRAINING COURSE – PARTICIPANT’S WORKBOOK | PAGE 5 OF 66

Course Outline

Module 1: Course overview and legislative requirements

¨  Course overview, program aims and learning outcomes

¨  Key requirements of accredited rail transport operator drug and alcohol management programs

¨  Legal obligations of accredited rail transport operators under the Rail Safety National Law (NSW)

¨  Who can require rail safety workers to submit to testing?

¨  Who is to be tested?

¨  Offences for rail safety workers

¨  Understanding alcohol and other drugs (optional)

Module 2: Rights, roles and responsibilities

¨  Principles of good practice - ensuring privacy and confidentiality, duty of care, provision of information, fairness and gender and cultural sensitivity

¨  The obligations of the accredited rail transport operator

¨  The rights and obligations of rail safety workers who are tested:

-  the requirement to submit to testing

-  the desirability to disclose the use of prescription drugs

-  advice of outcomes of testing

-  the consequences of failure or refusal to undergo testing

-  the availability of support and assistance

¨  The role and powers of authorised persons and restrictions on testing

¨  The role and powers of the ONRSR

¨  Rail transport operator’s requirement to implement a drug and alcohol management program

Module 3: Planning the use of equipment and communicating about testing

¨  Planning the use of alcohol breath testing, breath analysis and urine drug testing devices and/or accessing testing service providers

¨  Communicating with rail safety workers about testing requirements, procedures and outcomes in a respectful and non-adversarial way

¨  Communicating positive test results, including confirmatory testing

¨  Responding to failure or refusal to undergo testing

¨  The role of third party testing service providers

Module 4: Random testing

¨  Selecting and informing rail safety workers of random testing

¨  Planning for random testing, including procedures and documentation

¨  Random testing scenarios

Module 5: “For cause/on suspicion” testing

¨  Assessing reasonable belief: techniques, including sobriety assessment

¨  Receiving and responding to information about rail safety workers allegedly under the influence

¨  Assessment challenges - misreading the cues

¨  Self-disclosure of medications in the workplace

¨  Testing in remote locations (optional)

¨  Additional recording requirements for “for cause/on suspicion” testing

Module 6: Post-incident testing

¨  The types of incidents for which post-incident testing is required

¨  Identifying who should be included in post-incident testing

¨  Procedures for post-incident testing including testing in remote locations and restrictions on testing due to serious medical conditions

Module 7: Managing notification responsibilities, record keeping and other testing issues; course conclusion

¨  Record keeping requirements for documenting testing events and results

¨  Notification and documentation requirements for reporting to ONRSR

¨  Safety issues for authorised persons

¨  Concluding the course

DRUG AND ALCOHOL TESTING AUTHORISED PERSONS’ TRAINING COURSE – PARTICIPANT’S WORKBOOK | PAGE 5 OF 66

OVERALL LEARNING OUTCOMES

On successful completion of the training program participants should be able to:

¨  Outline the legislative requirements for drug and alcohol testing, including the offences under the Rail Safety National Law (NSW)

¨  Outline their organisation’s requirements for drug and alcohol testing.

¨  Describe the respective rights, roles and responsibilities of rail transport operators, rail safety workers engaged in rail safety work and those involved in the drug and alcohol testing process

¨  Detail best practice principles to ensure privacy and confidentiality, duty of care, provision of information, fairness and gender and cultural sensitivity

¨  Plan and conduct appropriate testing activities and respectful communications about testing activities and outcomes

¨  Explain their organisation’s required procedures for random, targeted (eg “for cause/on suspicion”) and post- incident testing

¨  Apply appropriate assessment tools and techniques to support testing and to facilitate self-disclosure by rail safety workers

¨  Respond effectively to testing and assessment challenges, including responding to positive test results, providing testing in remote locations, dealing with refusal or failure to undergo testing, and collecting and validating additional assessment information

¨  Outline notification and record keeping requirements for drug and alcohol testing

MODULE 1 OUTLINE

Course overview and legislative requirements

Content

¨  Course overview, program aims and learning outcomes

¨  Key requirements of accredited rail transport operator drug and alcohol management programs

¨  Legal obligations of accredited rail transport operators under the Rail Safety National Law (NSW)

¨  Who can require rail safety workers to submit to testing?

¨  Who is to be tested?

¨  Offences for rail safety workers

¨  Understanding alcohol and other drugs (optional)

Learning Outcomes

At the end of the module, participants should be able to:

¨  summarise the key requirements of their rail transport operator’s drug and alcohol management program

¨  outline the legal obligations for accredited rail transport operators in implementing a drug and alcohol management program

¨  describe who is to be tested as a rail safety worker

¨  explain what prescribed concentration of alcohol in breath or blood and “under the influence” of alcohol or a drug mean under the Rail Safety National Law (NSW)

¨  describe the offences for rail safety workers under the legislation

¨  explain the effects of alcohol and drug use (optional exercise).

Module 1: Exercise 1: Key requirements of your rail transport operator’s drug and alcohol management program

! What are three key requirements of your rail transport operator’s drug and alcohol management program?

! What are the implications of these requirements for you as an authorised person?

Module 1: Exercise 2: Quiz questions: What are the legislative requirements for testing?

! What are the Legislative Requirements for Testing?

Read each example to decide whether or not it is a legislative requirement for drug or alcohol testing. Write down your reasoning for discussion.

1.  Heritage rail transport operators are required to conduct their own Yes or No

random testing program each year?

2.  Drug and alcohol testing is mandatory for “prescribed” incidents? Yes or No

3.  Accredited rail transport operators are required to do all their own Yes or No

testing, and appointment and training of authorised persons?

4.  All rail safety workers who perform rail safety work may be tested Yes or No

under the legislation?

5.  Refusing or failing to undertake a drug or alcohol test is considered Yes or No

an offence under the legislation?

6. It is an offence for a rail safety worker to perform rail safety work with Yes or No

a prescribed concentration of 0.01 alcohol in the breath or blood?

7.  Double jeopardy means that a rail safety worker who performs rail Yes or No

safety work cannot be convicted on more than one offence arising out

of a drug or alcohol related incident?

Module 1: Exercise 3: Understanding alcohol and other drugs (optional exercise)

Read i Information Sheet 4 Understanding alcohol and other drugs

_ What are three of the most significant impacts of alcohol and/or drug overuse on:

s - the individual?

- the workplace?