Section 258 — Social Security Act 2018: Effect of request for evidential drug test

258 Effect of request for evidential drug test (1) A request by a person ( P ) for an evidential drug test that complies with the requirements set out in section 257(2) has the following effect until the result of the test is notified to MSD: (a) any sanction imposed on P under section 232 for failing the associated prior screening drug test is suspended: (b) any failure for the purposes of sections 240(1) and 262 based on P failing the associated prior screening drug test is suspended: (c) P is not liable under section 260 for the actual and reasonable costs (if any) of P’s associated prior screening drug test that have been reimbursed to the employer under section 151 . (2) If a request for an evidential drug test does not comply with the requirements set out in section 257(2) , MSD may proceed to impose the appropriate sanction as if the request had not been made. (3) This section is subject to section 149(1) (which provides that a person is taken to have failed an evidential drug test requested under section 257 if the person fails a screening test and waives an associated evidential drug test). Compare: 1964 No 136 s 102D(5), (6)