Martin Cullen (Waterford, Fianna Fail)

I move amendment No. 125:

In page 71, before line 1, to insert the following:

92.—(1) In this Part—

"analysis" includes any operation used in determining the concentration of alcohol in a specimen of breath, blood or urine, and any operation used in determining the presence (if any) of a drug or drugs in a specimen of blood or urine, and cognate words shall be construed accordingly;

"Bureau" means Medical Bureau of Road Safety;

"designated" means designated by a member of the Garda Síochána;

"prescribed" means prescribed in regulations made by the Minister;

"safety critical task" means a task specified in paragraph (i), (ii) or (iii) when performed in the course of the operation of a railway undertaking, and

(a) in the course of a person's employment with the undertaking,

(b) under a contract of services with the undertaking,

(c) in the course of a person's employment with a person who has a contract of services with the undertaking, or

(d) voluntarily or otherwise, namely

(i) driving a train, or in any other way controlling or affecting the movement of a train,

(ii) controlling, affecting or managing, the movement of persons on a train, on a platform, across a level crossing, or, the boarding of, or alighting from, a train of persons, or

(iii) working in a maintenance capacity (as defined in subsection (2) or as a supervisor of, or look-out for, persons working in such capacity;

"safety critical worker" means a person who performs a safety critical task.

(2) For the purposes of this Part and Part 9, a person works in the course of the operation of a railway undertaking in a maintenance capacity, if his or her work in the operation involves installation, maintenance, repair, alteration or inspection of, railway infrastructure or trains, or involves coupling or uncoupling trains or performing a pre-departure examination of trains.

See this speech in context