Instrument number CASA EX99/10
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
26 November 2010
Continuation of 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 March 2011.
Note   The exemption is for continuation of a selective CASA/industry trial of certain drug and alcohol management arrangements. The trial will be assessed before further decisions are taken. The continued duration of the instrument allows flexibility for this to occur.
2          Revocation
            Instrument CASA EX29/10 is revoked.
3          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.
4          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.
5          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, or its employee, performs, or is available to perform, an applicable safety sensitive aviation activity (SSAA) for the primary DAMP organisation, the primary DAMP organisation must ensure that the corresponding DAMP contractor, or the primary DAMP organisation as its appointed agent, takes expeditious action towards the DAMP contractor, or the 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 1   The provisions relate to post-accident testing and suspicion testing of the DAMP contractor’s employee, and requiring cessation of his or her 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.
Note 2   Although the primary DAMP organisation is by this instrument exempt from its DAMP obligations towards the employee, it is a condition that where the corresponding DAMP contractor does not take urgent and immediate action under its DAMP to test etc. the employee, the primary DAMP organisation must do so as its appointed agent.
Note 3   It is expected that the primary DAMP organisation will protect its position by having in place a written arrangement with the corresponding DAMP contractor under which the corresponding DAMP contractor is to take urgent and immediate action itself or through its testing agents to conduct the relevant tests etc., or alternatively, under which, the primary DAMP organisation, as its agent, is to take urgent and immediate action itself or through its testers to conduct the relevant tests.
Schedule 5          CASA’s self-assessment for paragraph 1 (b) of Schedule 4
DAMP self-assessment for corresponding DAMP contractors (see Schedule 1)
Checklist item
Yes
No
Give details or indicate where details may be found in your DAMP

1.  Are you a DAMP organisation in your own right for Part 99 of the Civil Aviation Safety Regulations 1998 (CASR Part 99)?
 
 
 

2.  Have all of your 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?
Note   Employee includes contractor.
 
 
 

3.   Have all of the SSAA employees received formal awareness training as required by the DAEP.
 
 
 

4.  Does the DAEP include information on the following:
·       what an SSAA is
·       why SSAA employees can be tested
·       when SSAA employees can be tested
·       what SSAA employees can be tested for
·       how an SSAA employee can be tested
·       what happens if your SSAA employee has a positive test result, or refuses, or fails, to provide a sample, or interferes with a test or sample
·       where your SSAA employees can find support and assistance services?
 
 
 

5.  For the DAEP:
·       can your organisation provide a list of all documents used to inform SSAA employees, including the DAMP policy document
·       does the list include information on all subjects mentioned in question 4
·       do all your SSAA employees have continual and easy 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 your DAMP supervisors completed CASA online training
·       if required, have all SSAA employees received refresher training?
Note   For larger organisations, training should be overseen by a person qualified to Certificate IV, or by a suitably accredited training provider or training organisation.
 
 
 

6.  Have all of your SSAA 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?
 
 
 

7.  If required, can your organisation conduct drug and alcohol testing in the following circumstances:
·       before a person’s commencement in a role performing SSAA
·       in suitable test conditions for post-accident or serious incident testing
·       in suitable test conditions for reasonable suspicion testing
·       on return to SSAA duties?
Note   In suitable test conditions is defined in subregulation 99.010 (3) of CASR 1998 (for drug testing, within 32 hours of the accident or incident; for alcohol testing, within 8 hours). Subregulation 99.065 (2) of CASR 1998 deals with immediate stand-down requirements.
 
 
 

8.  Are all of your SSAA employees aware that they may be asked to provide a body sample in accordance with CASR Part 99?
 
 
 

9.  Do any of your SSAA 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?
 
 
 

10. 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?
 
 
 

11. Are there procedures to be followed and steps to be taken in respect of an employee who would otherwise perform SSAA in the course of the contract but who fails to provide a negative test (i.e. because positive, refusal, failure)?
 
 
 

12. Does your DAMP include coverage of the following testable drugs:
·       alcohol
·       opiates
·       cannabis
·       cocaine
·       amphetamines.
 
 
 

13. Does all of the testing conducted by the DAMP organisation meet the relevant Australian Standard?
 
 
 

14.  On what devices are your SSAA employees being tested:
for urine (onsite)
 
 
 

15.  On what devices are your SSAA employees being tested:
for breath (onsite)
 
 
 

16.  (a)   Who conducts your drug and alcohol testing?
 
 
 

16.  (b)   What training have your drug and alcohol testers received?
 
 
 

17. Which laboratory will conduct your confirmatory drug tests?
 
 
 

Note 1   Some of questions 14-17 may not be relevant to a DAMP organisation, depending on whether it uses urine, oral fluid or both.
Note 2   See CASA EX 82/10 for the use generally of doctors, nurses and trained collectors, for urine testing devices, and for use of capable persons in remote areas.
Note 3   Some DAMP organisation may, in practice, conduct full lab-based oral fluid testing.
 
 
 

18. Who is your organisation’s medical review officer (MRO)?
 
 
 

19. If required, how will your organisation access key healthcare professionals to undertake a comprehensive drug and alcohol assessment of an SSAA employee?
 
 
 

20. What are the name and contact details of your organisations DAMP contact?
 
 
 

20. Does each of your SSAA employees understand that, in the absence of suitable arrangements for testing by you, while they are 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 your agent?
 
 
 

21. Has your DAMP organisation been audited by CASA? If so, when, and to what general effect?