CASA EX106/11 – Exemption of DAMP organisations for collection and screening of specimens

Link to law: https://www.comlaw.gov.au/Details/F2011L01917

Instrument number CASA EX106/11
I, JONATHAN ALECK, Acting Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
[Signed Jonathan Aleck]
Jonathan Aleck
Acting Director of Aviation Safety
15 September 2011
Exemption of DAMP organisations for collection and screening of specimens
1          Duration
                 This instrument:
(a)   commences on 23 September 2011; and
(b)   stops having effect at the end of 30 September 2013.
2          Definitions
                 In this instrument:
                 capable person means a person who, before conducting oral fluid testing or urine testing for drugs:
(a)       affirms in writing to CASA that he or she:
             (i)  has completed training in oral fluid testing or urine testing (the training); and
            (ii)  has demonstrable competency in such testing; and
(b)      includes in the affirmation:
             (i)  the name, address and qualifications of the person who gave the training; and
            (ii)  a description of the training.
                 collecting agency means an organisation assuming professional, organisational, educational and administrative responsibility for collection, on-site screening, storage and despatch of urine specimens.
                 collection means on-site collection, storage, handling and, if necessary, despatch, of oral fluid or urine specimens.
                 course of instruction, for a trained collector, means a course of instruction, in compliance with the oral fluid standard or the urine standard, that:
(a)   is for specimen collection, on-site screening, handling, storage and despatch of specimens; and
(b)   results in the trained collector’s receipt of a statement of attainment for the course in accordance with the Australian Quality Training Framework or the New Zealand Qualifications Authority.
                 doctor means a medical practitioner who is registered with the Medical Board of Australia and whose medical duties include the collection, storage, handling and despatch of biological specimens in 1 of the following:
(a)   a hospital;
(b)   a general practice;
(c)   a pathology practice.
                 nurse means a nurse who is registered with the Nursing and Midwifery Board of Australia and whose nursing duties include the collection, storage, handling and despatch of biological specimens in 1 of the following:
(a)   a hospital;
(b)   a general practice;
(c)   a pathology practice.
                 on-site means the place at which an oral fluid or urine specimen is collected.
                 oral fluid standard means the relevant Standard, AS 4760, Procedures for specimen collection and the detection and quantitation of drugs in oral fluid, mentioned in paragraph (c) of the definition of relevant Standard in subregulation 99.010 (1) of CASR 1998.
                 screening means testing of a specimen to exclude the presence of drugs.
                 trained collector means a person who has successfully completed a course of instruction in the oral fluid standard or the urine standard.
                 training, for a capable person, means training by a person who is:
(a)   a doctor or a nurse; or
(b)   a trained collector under the oral fluid standard or the urine standard, as the case requires; or
(c)   another person who has successfully completed formal training, acceptable to CASA, in the collection, on-site screening, storage, handling and despatch of biological specimens.
Note   Formal training acceptable to CASA includes training given by a university, an institute of technology, a technical and further education college or a similar State or Territory institution as part of an accredited training course.
                 urine standard means the relevant Standard, AS/NZS 4308, Procedures for specimen collection and the detection and quantitation of drugs of abuse in urine, mentioned in paragraph (d) of the definition of relevant Standard in subregulation 99.010 (1) of CASR 1998.
3          Application to a DAMP organisation’s DAMP
                 This instrument applies to collection and screening of drugs under the drug and alcohol management plan (DAMP) of a DAMP organisation.
Note   A DAMP organisation is one to which regulation 99.030 of CASR 1998 applies.
4          Exemption — oral fluid or urine specimen collection and testing for drugs
                 The DAMP organisation’s DAMP is exempt from compliance with subparagraphs 99.050 (1) (a) (ii) and (iii) of CASR 1998 to the extent mentioned in section 5.
Note   Subparagraphs 99.050 (1) (a) (ii) and (iii) impose requirements for oral fluid testing and urine testing to be in accordance with their respective relevant Standards.
5          Extent of exemption — collecting agency and course of instruction
                 The exemption in section 4 extends to the DAMP organisation’s DAMP only as follows:
(a)   for use of a trained collector — to the requirements, expressly or impliedly specified in the oral fluid standard or the urine standard, as the case requires, for the role or involvement of a collecting agency;
Note   This is the only exemption in this instrument applicable to a DAMP organisation’s trained collector, and it applies for oral fluid or urine only if the trained collector has completed the course of instruction for oral fluid or urine as the case requires.
(b)   for use of a doctor, nurse or capable person:
             (i)  to the requirement that the doctor, nurse or capable person must have successfully completed a course of instruction under the oral fluid standard or the urine standard (the applicable standards); and
            (ii)  to the requirements, expressly or impliedly specified in the applicable standards, for the role or involvement of a collecting agency.
6          Conditions on exemption
        (1)     For the exemption, the DAMP organisation may only use the following persons for oral fluid collection, urine collection or urine screening:
(a)   a trained collector trained for oral fluid, urine or both, as the case requires; or
(b)   a doctor, a nurse, or, subject to subsections (3) and (4), a capable person.
        (2)     A trained collector, a doctor or a nurse may only conduct on-site screening of a urine specimen if he or she uses 1 of the following devices for the test:
(a)   Thermo Fisher Scientific MicroCup MultiDrug;
(b)   SureStep OneStep Multi-Line Screen Test Panel with Integrated E-Z Split Key Cup;
(c)   i-Screen OneStep Drug Screen Test Card;
(d)   SureStep OneStep Drug Screen Test Cassette;
(e)   Varian OnSite CupKit Pro5-AS;
(f)    SureStep MultiDrug OneStep Multi Line Screen Test;
(g)   Microcheck 6 cassette.
        (3)     A capable person may only collect oral fluid or urine specimens if a trained collector, a doctor or a nurse is not reasonably available to do the collection because of the remoteness of the location of the DAMP organisation.
        (4)     A capable person may only conduct on-site screening of a urine specimen if:
(a)   a trained collector, a doctor or a nurse is not reasonably available to do the screening because of the remoteness of the location of the DAMP organisation; and
(b)   the capable person uses 1 of the devices mentioned in subsection 6 (2).
        (5)     The DAMP organisation for whom a trained collector, a doctor, a nurse or a capable person collects or screens specimens must report the following in writing to CASA for each DAMP reporting period:
(a)   the number of occasions on which the particular person has done collection or screening;
(b)   where each occasion of collection or screening occurred.
        (6)     The report mentioned in subsection (5) must be included with the information provided to CASA by the DAMP organisation under regulation 99.100 of CASR 1998.
 
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