CASA EX25/13 - Exemption - drug and alcohol management plan information - Exemption - use of pre-hiring drug and alcohol tests

Link to law: https://www.comlaw.gov.au/Details/F2013L00382

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Instrument number CASA EX25/13
I, PETER REGINALD FEREDAY, Executive Manager, Industry Permissions Division, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
[Signed P. Fereday]
Peter Reginald Fereday
Executive Manager
Industry Permissions Division
28 February 2013
Exemption — drug and alcohol management plan information
Exemption — use of pre-hiring drug and alcohol tests
1          Duration
                 This instrument:
(a)   commences on 1 March 2013; and
(b)   expires at the end of February 2016 as if it had been repealed by another instrument.
2          Definition
                 In this instrument:
pre-deployment test means a drug or alcohol test for paragraph 99.050 (2) (a) of CASR 1998.
Note   Paragraph 99.050 (2) (a) of CASR 1998 concerns drug and alcohol testing when a regular SSAA employee first joins a DAMP organisation, or when an employee’s role is to change to that of a regular SSAA employee.
3          Application
                 This instrument applies to each DAMP organisation.
4          First exemption — DAMP information requirements
                 Each DAMP organisation is exempt from compliance with paragraph 99.100 (1) (e) of CASR 1998, to the extent mentioned in Schedule 1.
Note   Paragraph 99.100 (1) (e) of CASR 1998 would otherwise require a DAMP organisation to provide CASA with the date and time that drug and alcohol tests were conducted under the DAMP.
5          Conditions — DAMP information requirements
                 The exemption in section 4 is subject to the conditions mentioned in Schedule 2.
6          Second exemption — pre-hiring tests
                 Each DAMP organisation is exempt from compliance with paragraph 99.050 (2) (a) of CASR 1998 for a person who will be working as a regular SSAA employee, to the extent mentioned in Schedule 3.
Note   Paragraph 99.050 (2) (a) of CASR 1998 would otherwise require a DAMP organisation to drug and alcohol test a person after he or she had first joined the organisation as a regular SSAA employee.
7          Conditions — pre-hiring tests
                 The exemption in section 6 is subject to the conditions mentioned in Schedule 4.
Schedule 1          Extent of exemption — DAMP information requirements
              The exemption in section 4 of this instrument only applies in relation to providing CASA with the date and time of pre-deployment tests.
Schedule 2          Conditions — DAMP information requirements
        1     As soon as practicable after a person undergoes a pre-deployment test under a DAMP, the DAMP organisation must make a record of the person’s name and the date and time the test was conducted.
        2     The DAMP organisation must keep the record mentioned in clause 1 for a period of 5 years after the record was made.
        3     Within 6 months after the end of the 5 year period, the organisation must destroy or delete the record, or any part of the record, that relates to the results of the pre‑deployment testing.
Schedule 3          Extent of exemption — pre-hiring tests
              The exemption in section 6 of this instrument applies only if, within the 90 days before the person is required to begin performing or be available to perform an applicable SSAA, the person has been drug and alcohol tested by a DAMP organisation and each of the test results was not a positive result.
Schedule 4          Conditions — pre-hiring tests
              The drug and alcohol test by the DAMP organisation must:
(a)   have been conducted in accordance with the requirements mentioned in paragraph 99.050 (1) (a) of CASR 1998; and
(b)   for drug testing — be of a kind that meets the requirements of each DAMP organisation relying on the exemption; and
Note   For example, if a particular DAMP requires a urine test, an oral test under another DAMP would not suffice.
(c)   be recorded and reported under Subpart 99.B of CASR 1998 (including as affected by section 4 of this instrument) as if it were a drug and alcohol test of a person who had first joined the organisation.