Instrument number CASA EX29/10
I, JOHN FRANCIS McCORMICK, 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 John F. McCormick]
John F. McCormick
Director of Aviation Safety
25 May 2010
Trial exemption — for DAMP organisations using DAMP contractors who are also DAMP organisations
1          Duration
            This instrument:
(a)   commences on the day after it is registered; and
(b)   stops having effect at the end of 31 January 2011.
Note   The exemption is for a selective CASA/industry trial of certain drug and alcohol management arrangements. The trial is to last about 7 months from commencement and will then be assessed before further decisions are taken. The duration of the instrument allows flexibility for this to occur.
2          Application
   (1)     This instrument applies for a CASA trial of the implementation of a DAMP organisation’s DAMP, when the DAMP organisation:
(a)   has a DAMP contractor who is also a DAMP organisation; or
(b)   is a DAMP contractor.
   (2)     For subsection (1), this instrument applies to each DAMP organisation mentioned in an item in Schedule 1 (primary DAMP organisation), for its corresponding DAMP contractor mentioned in the same item (corresponding DAMP contractor).
Note   A DAMP contractor is defined in subregulation 99.010 (1) of CASR 1998 and includes a DAMP subcontractor. The DAMP contractors mentioned in this instrument are also DAMP organisations in their own right.
3          Exemption
             Each primary DAMP organisation is exempt from each provision of Subpart 99.B of CASR 1998 mentioned in Schedule 2, to the extent mentioned in Schedule 3.
4          Conditions
            The exemption is subject to the conditions mentioned in Schedule 4.
Schedule 1          Primary DAMP organisations to which the exemption applies for corresponding DAMP contractors
Item
Primary DAMP organisation
Corresponding DAMP contractor

1
Qantas Airways Limited (Aviation Reference Number (ARN) 216147)
Broome International Airport (ARN 563409) but only in respect of ground handling services

2
Qantas Airways Limited (ARN 216147)
Cobham Aviation Services Engineering Pty Ltd (ARN 773289), trading as Cobham Aviation Services Engineering

3
Qantas Airways Limited (ARN 216147)
National Jet Systems Pty Ltd (ARN 436109), trading as Cobham Aviation Services Australia – Airline Services

4
Qantas Airways Limited (ARN 216147)
Surveillance Australia Pty Ltd (ARN 532345) trading as Cobham Aviation Services Australia - Special Mission

5
Qantas Airways Limited (ARN 216147)
National Jet Express Pty Ltd (ARN 580965) trading as Cobham Aviation Services Australia - Regional Services

6
Regional Express Holdings Limited (ARN 584778), trading as Regional Express
Aircraft Equipment Overhauls and Sales (NSW) Pty Ltd (ARN 016102)

7
Regional Express Pty Ltd (ARN 752788)
Aircraft Equipment Overhauls and Sales (NSW) Pty Ltd (ARN 016102)

8
Tiger Airways Australia Pty Ltd (ARN 766093)
John Holland Aviation Services Pty Ltd (ARN 770286)

9
Virgin Blue Airlines Pty Ltd (ARN 567591)
John Holland Aviation Services Pty Ltd (ARN 770286)

Schedule 2          Provisions of Subpart 99.B of CASR 1998
Item
CASR 1998
 
Item
CASR 1998

1
99.030
 
6
99.065

2
99.040
 
7
99.070

3
99.045
 
8
99.075

4
99.050
 
9
99.080

5
99.055
 
10
99.100

Schedule 3          Extent of exemption
            To the extent that each provision would otherwise require or enable the primary DAMP organisation’s DAMP to apply to the corresponding DAMP contractor.
Schedule 4          Conditions to be met for exemption to apply
      1     Each corresponding DAMP contractor must have:
(a)   a DAMP; and
(b)   a written self-assessment of that DAMP completed in accordance with CASA’s required self-assessment as contained in Schedule 5.
      2     The primary DAMP organisation must:
(a)   have a copy of the corresponding DAMP contractor’s DAMP and the completed DAMP self-assessment; and
(b)   on the basis of the documents mentioned in paragraph (a) — notify CASA in writing that it is satisfied that its corresponding DAMP contractor is a DAMP organisation with a self-assessed DAMP; and
(c)   include with the notification to CASA, a copy of the corresponding DAMP contractor’s self-assessment.
      3     When the corresponding DAMP contractor (the relevant employee) performs, or is available to perform, an applicable SSAA for the primary DAMP organisation, for this instrument the primary DAMP organisation must act, and have the corresponding DAMP contractor’s permission to act, as its agent towards the relevant employee for the following provisions of CASR 1998:
(a)   paragraphs 99.050 (2) (b) and (c);
(b)   regulation 99.055;
(c)   regulation 99.065;
(d)   paragraph 99.125 (2) (b).
Note   These provisions relate to post-accident testing and suspicion testing of the DAMP contractor, and requiring cessation of work etc, when performing the primary DAMP organisation’s SSAA. But for the exemption, such post-accident testing and suspicion testing etc. would be the legal responsibility of both the DAMP organisation and the DAMP contractor. However, although exempt, for obvious practical purposes the primary DAMP organisation must still carry out such urgent or immediate testing as an agent for its corresponding DAMP contractor, when the need arises.
Schedule 5          CASA’s self-assessment for paragraph 1 (b) of Schedule 4
Checklist item
Yes
No
Details or comments

1.   Is the DAMP contractor a DAMP organisation in its own right for CASR Part 99?
 
 
 

2.    Have all of its employees, who will perform SSAA in the course of the contract with the other DAMP organisation, completed a drug and alcohol education program (DAEP) in accordance with the DAMP?
 
 
 

3.    The DAEP for SSAA employees should have included formal awareness training.
Did it include training in the following:
·       what is an SSAA
·       why SSAA employees can be tested
·       when SSAA employees can be tested
·       what can an SSAA be tested for
·       how an SSAA can be tested
·       what happens if an SSAA employee has a positive test result or refuses, or failure to provide, a sample or interferes with a test or sample
·       where can I find support and assistance services?
 
 
 

For questions 4, 5 and 6, only 1 section should be completed depending on the size of the DAMP contractor’s organisation
 
 
 

4.    DAMP contractor with 9 or less employees.
For the DAEP:
·       Can the DAMP contractor provide a list of all documents used to inform employees, including the DAMP policy document?
·       Does the list include information on all subjects mentioned in question 3?
·       Do all employees have continual access to these documents?
·       Is there a system, recording the signature (or other authentication) and date, to show that each SSAA employee has accessed the information for learning purposes and how they accessed it?
·       Have the contracting DAMP’s DAMP Supervisors completed CASA online training?
 
 
 

5.    DAMP contractor with at least 10 but not more than 50 employees
For the DAEP:
·       Was a presentation (PowerPoint presentation or other) provided to all employees?
·       Did the presentation include information on all subjects mentioned in question 3?
·       If the CASA website (PowerPoint, video or other) information has been utilised, has the DAMP contractor ensured that all policies relevant to the DAMP contractor’s operations been included?
·       Is there a system recording (through signature or other authentication, and date) that each SSAA employee has attended a DAEP presentation?
·       Was the training presentation provided by a person with at least Certificate IV training accreditation?
·       Have all employees received refresher training before the commencement of duty?
·       Have the contracting DAMP’s DAMP Supervisors completed CASA online training or equivalent?
 
 
 

6.    DAMP contractor with 51 or more employees
For the DAEP:
·       Was a presentation (PPP or other) provided to all employees?
     DAEP must include content to satisfy all questions in the CASA DAMP Checklist under question 3 – Drug and Alcohol Education Program.
·       If the CASA website (PowerPoint, video or other) information has been utilised, has the DAMP contractor ensured that all policies relevant to the DAMP contractor’s operations been included?
·       Is there a system recording (through signature or other authentication, and date) that each SSAA employee has attended a DAEP presentation?
·       Was the training presentation provided by a Certificate IV qualified person or a suitably credited training provider or training organisation?
·       Have all employees received refresher training before the commencement of duty?
·       Have the contracting DAMP’s DAMP Supervisors completed CASA online training or equivalent?
 
 
 

7.    Have all employees, who will perform SSAA in the course of the contract, been encouraged to declare and not perform an SSAA if they have consumed any level of drugs or alcohol that may adversely affect them?
 
 
 

8.    If required, will the contracting DAMP organisation conduct drug and alcohol testing in the following circumstances:
·       before commencement in a role performing SSAA
·       post-accident or serious incident
·       on reasonable suspicion
·       on return to SSAA duties.
 
 
 

9.    Are all contracting SSAA employee aware that they may be asked to provide a body sample in accordance with CASR Part 99?
 
 
 

10.  Do any employees, who will perform SSAA in the course of the contract, have any pending drug and alcohol tests or ongoing requirements in accordance with CASR Part 99?
 
 
 

11.  Has every person, who did not return a negative test result for drugs and alcohol, undertaken a return to work program in accordance with CASR Part 99?
 
 
 

12.  If the answer to question 11 is NO, what are the procedures that will be followed and the steps that will be taken for an employee who will perform SSAA in the course of the contract who fails to provide a negative test (i.e. because positive, refusal, failure)?
 
 
 

13.  Does the DAMP contractor’s DAMP include coverage of the following testable drugs:
·       alcohol
·       opiates
·       cannabis
·       cocaine
·       amphetamines.
 
 
 

14.  Does all of the testing conducted by the DAMP contractor meet the relevant Australian Standard?
 
 
 

For questions 15-18 not all sections are required to be completed as the DAMP contractor may utilise urine, oral fluid or both.
The DAMP contractor may also conduct onsite/lab testing or full lab-based testing
 
 
 

15.  On what devices are SSAA employees being tested:
·       for urine (onsite)
 
 
 

16.  On what devices are SSAA employees being tested:
·       for oral fluid (onsite)
 
 
 

17.  On what devices are SSAA employees being tested:
·       for breath (onsite)
 
 
 

18.  Which laboratory will be conducting the confirmatory drug tests?
 
 
 

19.  (a)   Who conducts the drug and alcohol testing?
 
 
 

19.  (b)   What training have they received?
 
 
 

20.  Who is the contracting organisation’s medical review officer (MRO)?
 
 
 

21.  If required, how will the DAMP contractor access key healthcare professionals to undertake a comprehensive assessment?
 
 
 

22.  What are the name and contact details of the contracting organisation’s DAMP contact?
 
 
 

23.  Does each of the DAMP contractor’s employees understand that while on the primary DAMP organisation’s site doing work for it, each of them may be asked to undergo post-accident or suspicion testing by the primary DAMP organisation acting as an agent of the DAMP contractor?
 
 
 

24.  Has the contracting DAMP organisation been audited by CASA?