Drug and alcohol testing requirements for bus operators

Passenger Transport (General) (Drug and Alcohol Testing) Regulation changes

The Passenger Transport (General) (Drug and Alcohol Testing) Regulation (PDF, 260.75 KB) has been amended to combine the provisions of the former Passenger Transport (Drug and Alcohol Testing) Regulation 2010 into one regulation. See our industry alert for more details.

Bus operators operating in NSW must ensure their bus safety employees are not under the influence of drugs and alcohol while on duty. Bus operators need to put into place a Drug and Alcohol Program for their bus safety employees.

This is legislated by the Passenger Transport Act 1990.

What is a bus safety employee?

A bus safety employee includes anyone who is a paid employee, a contractor, volunteer, or the accredited operator when involved in:

• driving or operating buses, loading/disembarking passengers, or the movement of buses
• repairing, maintaining or upgrading buses, bus terminals or bus maintenance facilities
• developing, managing or monitoring safe working systems for bus services.

Resources to help

• The Guidelines relating to Drug and Alcohol Programs for Bus Operators (PDF, 103.58 KB) set out the regulatory requirements for a Drug and Alcohol Program.
• The Drug and Alcohol Handbook for Bus Operators (PDF, 1.89 MB) and Guide - Developing Drug and Alcohol Programs (PDF, 1.89 MB) - have been designed to assist accredited bus operators develop and implement a Drug and Alcohol Program that meets these requirements. The Drug and Alcohol Handbook includes:
• Procedures for testing bus safety employees for drugs and alcohol.
• Procedures for obtaining samples of blood and urine for that purpose.
• The use of positive tests in determining whether a bus driver is a fit and proper person to hold an authority to drive a bus.
• How to notify Transport for NSW (TfNSW) of;
  • positive test results,
  • refusal to take a test, and
  • tampering or destroying samples.
• Using the Drug and Alcohol Test Notification Form.
• The authorisation of persons as test supervisors by bus operators.
• Offences relating to:
  • the use of alcohol and drugs by bus safety employees
  • failing to undergo testing or to provide a sample
  • failing to conduct a test or take a sample
  • interfering with test results
  • hindering or obstructing a person taking a sample and interfering, or tampering with, or destroying a sample.

If you require any further information, please email bussafetyinformation@transport.nsw.gov.au 

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