Ms Maev Nic Lochlainn:

The random testing is conducted by a contracted body to the two rail companies because they do not have the expertise themselves. As part of the contract, a worker can arrive at work and be expected to take a test. It would be unreasonable if the worker was in the middle of doing the task, but the legislation is written in such a way that if one either presents to do the task, that is, arrives at work and clocks in or is driving the train, one is not allowed to be unfit or intoxicated between walking from the flexi-clock to the train. The legislation provides that if an authorised person notices that, he or she can take action. The random test can be conducted before a person starts performing a safety-critical task because the legislation provides that one should not be unfit. It is, therefore, not that one is stopping someone doing a task, but it is clear that the offence exists regardless of whether one has started.