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CASA EX29/19 Exemptions as made
This instrument will permit an organisation that is required to have a drug and alcohol management plan to use pre-hiring drug and alcohol tests to comply with the requirement to test newly-hired employees and, in some circumstances, employees being reassigned within the organisation.
Administered by: Infrastructure, Regional Development and Cities
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 28 Feb 2019
To be repealed 28 Feb 2021
Repealed by Self Repealing

Instrument number CASA EX29/19

I, PETER MICHAEL WHITE, Executive Manager, Regulatory Services & Surveillance, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed P. White]

Peter White
Executive Manager, Regulatory Services & Surveillance

27 February 2019

CASA EX29/19 — Pre-deployment Drug and Alcohol Testing Exemption 2019

1          Name

                 This instrument is CASA EX29/19 — Pre-deployment Drug and Alcohol Testing Exemption 2019.

2          Duration

                 This instrument:

(a)   commences on 1 March 2019; and

(b)   is repealed at the end of 28 February 2021.

3          Definitions

Note   In this instrument, the following terms and expressions have the same meaning as they have in Part 99 of CASR: applicable SSAA, confirmatory alcohol test, confirmatory drug test, DAMP organisation, employee, initial alcohol test, initial drug test, positive result, regular SSAA employee.

                 In this instrument:

alcohol test means:

(a)   an initial alcohol test; and

(b)   if the result of the initial alcohol test was a positive result — a confirmatory alcohol test.

drug test means:

(a)   an initial drug test; and

(b)   if the result of the initial drug test was a positive result — a confirmatory drug test.

4          Exemption 

        (1)     A DAMP organisation is exempt from compliance with paragraph 99.050 (2) (a) of CASR for an employee who:

(a)   will be working as a regular SSAA employee; and

(b)   has, less than 90 days before the employee is required to begin performing or being available to perform an applicable SSAA for the DAMP organisation, taken a drug test and an alcohol test.

Note   Paragraph 99.050 (2) (a) of CASR 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.

        (2)     The exemption is subject to the conditions mentioned in section 5.

5          Conditions

        (1)     The DAMP organisation must be satisfied on reasonable grounds that the drug test and the alcohol test of the employee:

(a)   were conducted in accordance with the requirements mentioned in paragraph 99.050 (1) (a) of CASR; and

(b)   did not return a positive result for a confirmatory alcohol test or a confirmatory drug test.

        (2)     The DAMP organisation must record details of the drug test and alcohol test in accordance with Subpart 99.B of CASR as if it conducted the tests for the purpose of paragraph 99.050 (2) (a) of CASR.