Railway Safety Act 2005

Procedure at Bureau regarding specimens.

105

105.—(1) As soon as practicable after it has received a specimen forwarded to it under section 104 , the Bureau shall analyse the specimen and determine the concentration of alcohol or (as may be appropriate) the presence of a drug or drugs in the specimen.

(2) Where the Bureau receives 2 specimens of blood so forwarded together in relation to the same safety critical worker or 2 specimens of urine so forwarded together in relation to the same worker, it shall be sufficient compliance with subsection (1) for the Bureau to make an analysis of and determination in relation to one of the 2 specimens of blood or (as may be appropriate) one of the 2 specimens of urine.

(3) As soon as practicable after compliance with subsection (1), the Bureau shall forward to the Garda Síochána station from which the specimen analysed was forwarded a completed certificate in the prescribed form for the purpose of this section and shall forward a copy of the completed certificate to the safety critical worker who is named on the relevant form under section 104 as the person from whom the specimen was taken or who provided it.

(4) In a prosecution for an offence under section 97 , it shall be presumed, until the contrary is shown, that subsections (1) to (3) have been complied with.