88.—(1) Subject to subsection (2), in order to fulfil its duty under section 87(2), a F115[railway organisation] shall, in consultation with organisations which represent the staff of its undertaking—

(a) draw up a code of conduct for safety critical workers to be observed by each of them while at work in relation to intoxicants,

(b) establish sampling procedures in relation to the provision of samples under section 89 by safety critical workers while at work or following a railway incident, and

(c) provide counselling and other assistance (in this Part referred to as “support services”) to safety critical workers on the request of such workers or in respect of such persons who fail to comply with section 87(1) in order to assist those persons to comply with that subsection in the future.

(2) Without prejudice to the generality of subsection (1)(a), a code of conduct shall include provisions—

(a) providing for the course of action (including dismissal, termination of contract, suspension, demotion, prohibition on working at the undertaking or performing specified safety critical tasks or mandatory attendance at counselling) to be taken where a safety critical worker—

(i) has failed to comply with his or her duties under section 87(1),

(ii) has failed, without reasonable excuse, to provide a sample under section 89 or comply with sampling procedures under this section, or

(iii) is convicted of an offence under Chapter 2 of Part 10,

and

(b) providing for procedures relating to appeals under section 90.

(3) Without prejudice to the generality of subsection (1)(b), sampling procedures shall provide for—

(a) matters relating to the circumstances in which sampling may be undertaken under section 89,

(b) the caution to be given to a safety critical worker who is required under section 89 to provide a sample, as to the consequences of failing, without reasonable excuse, to give such sample,

(c) the means of sampling,

(d) the location where a sample may be taken,

(e) analysis of a sample by an analysis body,

(f) privacy in relation to sampling,

(g) procedures for the protection of the integrity of a sample,

(h) division of any specimen of blood and urine into 2 parts and provision of one part to a person being sampled,

(i) a certificate to prove the results of the analysis of a sample and presumption as to the accuracy of the results of the sample so certified, and

(j) grievance procedures in relation to sampling.

(4) A F115[railway organisation] shall, within 6 months of the commencement of this Part or such further period, at the discretion of the Commission, being not more than 12 months from such commencement, submit to the Commission for its acceptance drafts of a code of conduct, sampling procedures and details of support services to be provided.

(5) The Commission shall issue a notification in writing accepting a code of conduct, sampling procedures or details of support services submitted under subsection (4) where the Commission is satisfied that—

(a) it is sufficient to enable the F115[railway organisation] to discharge its duty under section 87(2), and

(b) the undertaking has adequately consulted with organisations which represent the staff of its undertaking.

(6) Where the Commission is not satisfied with any draft code of conduct, sampling procedures or details of support services submitted to it under subsection (4), the Commission shall notify in writing the F115[railway organisation] of its dissatisfaction and the reasons for the dissatisfaction, and the F115[railway organisation], on receipt of a notification under this subsection shall, before re-submitting to the Commission, within such period as may be specified to it by the Commission, the code, sampling procedures or details, take the action necessary to address the reasons stated in the notification and shall consult with organisations which represent the staff of its undertaking in relation to the said matters.

(7) On service of a notification from the Commission under subsection (6), a F115[railway organisation] shall, within 6 months of the date of the notification, ensure that the code of conduct and sampling procedures are adopted and implemented and support services are provided.

(8) A F115[railway organisation] shall take reasonable steps to ensure that the code of conduct, sampling procedures and details of support services provided by it and an abstract of this Part are displayed in a prominent place in the undertaking and brought to the attention of safety critical workers.

(9) A F115[railway organisation] shall give a copy of the code of conduct, sampling procedures or details of support services provided by it to a safety critical worker upon the request of that worker.

(10) A F115[railway organisation] may amend a code of conduct drawn up, sampling procedures or details of support services provided by it, in consultation with organisations which represent the staff of its undertaking, and subsections (4) to (9) shall apply to any such amendment or alteration with such modifications as are necessary.

(11) A F115[railway organisation] to which this Part and section 95 apply, shall, within 3 months of the end of each year, make a report to the Commission on the implementation by it of the measures provided for in this Part and Part 10. The report shall contain such particulars as the Commission may direct.

(12) The Commission shall, within 2 months of receipt of a report under subsection (11), publish details of the report, but without giving information of a personal, confidential or prejudicial nature.

(13) The Commission shall, before publishing details of a report in accordance with subsection (12), lay a copy of those details before each House of the Oireachtas.