Instrument number CASA EX42/16
I, GERARD JOHN CAMPBELL, Executive Manager, Operations Division, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
[Signed G.J. Campbell]
Gerard J. Campbell
Executive Manager
Operations Division
1 March 2016
Exemption — use of pre-hiring drug and alcohol tests
1 Duration
This instrument:
(a) commences on 1 March 2016; and
(b) expires at the end of February 2019, as if it had been repealed by another instrument.
2 Application
This instrument applies to each drug and alcohol management plan (DAMP) organisation.
3 Exemption
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 safety-sensitive aviation activity (SSAA) employee, to the extent mentioned in Schedule 1.
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.
4 Conditions
The exemption is subject to the conditions mentioned in Schedule 2.
Schedule 1 Extent of exemption
The exemption 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 2 Conditions
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, as if it were a drug and alcohol test of a person who had first joined the organisation.