CASA Ex27/09 Exemption CASR Part 99 training requirements for drug testing (Cth)

Instrument number CASA EX27/09

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 and
   Chief Executive Officer

25 March 2009

Exemption — CASR Part 99 training requirements for drug testing

1          Commencement

            This instrument:

(a)   commences on the day of registration; and

(b)   stops having effect at the end of 22 September 2010.

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 a course of training in oral fluid testing or urine testing; and

            (ii)  has demonstrable competency in such testing; and

(b)includes in the affirmation:

             (i)  the name and address of the trainer and a description of how that person is a trainer; and

            (ii)  a description of the course of training given by the trainer.

            course of training means training by a trainer who is:

(a)   a doctor or a nurse; or

(b)   another person who has successfully completed formal training, acceptable to CASA, in the collection, 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.

             doctor means a registered medical practitioner whose medical duties include the collection, storage, handling and despatch of biological specimens.

            nurse means a State or Territory registered or enrolled nurse 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.

            standard means the relevant Standard mentioned in:

(a) paragraph (c) of the definition of relevant Standard in subregulation 99.010 (1) of CASR 1998 (the oral fluid Standard); and

(b) paragraph (d) of the definition of relevant Standard in subregulation 99.010 (1) of CASR 1998 (the urine Standard).

            testing means 1 or more of the following:

(a)   on-site testing to exclude the presence of drugs;

(b)   on-site collection, storage, handling and despatch of oral fluid or urine for drug testing by an approved laboratory.

            trainer has the meaning given in the definition of course of training.

3          Application to a DAMP organisation’s DAMP

            This instrument applies to drug testing 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 testing for drugs

            The 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.

5          Extent of exemption

            The exemption in section 4 extends only to the requirements specified in a standard that a person who does an initial drug test on an oral fluid or urine specimen must have successfully completed a course of instruction in compliance with the relevant Standard for specimen collection, on-site screening, on-site testing, storage, handling and despatch, and received a statement of attainment in accordance with the Australian Quality Training Framework.

6          Conditions on exemption

   (1)     Oral fluid testing or urine testing may only be done by 1 of the following:

(a)   a doctor;

(b)   a nurse;

(c)   subject to subsection (2), a capable person.

   (2)     A capable person may do testing only if a doctor or nurse is not reasonably available to do testing because of the remoteness of the location of the DAMP organisation at which testing is done.

   (3)     The DAMP organisation for whom a capable person does testing must report the following in writing to CASA for each DAMP reporting period:

(a)   the number of occasions on which he or she has done testing in the capacity of a capable person;

(b)   where each occasion of testing occurred and why the location was considered remote;

(c)   for each occasion — what steps were taken beforehand to find a doctor or nurse to do the testing.

(4) The report mentioned in subsection (3) must be included with the information provided to CASA by the DAMP organisation under regulation 99.100 of CASR 1998.