Schedule 1 to the Rail Safety Act 1997 is amended by inserting after item 18 the following item:

19.   A case where a railway employee is found to be carrying out railway safety work –

(a) while there is present in his or her blood a concentration of alcohol of 0.05 grams or more of alcohol in 100 millilitres of blood; or

(b) while under the influence of a drug.