CASA EX36/09 Exemption extension of time for drug and alcohol education program (Cth)

Instrument number CASA EX36/09

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

7 April 2009

Exemption — extension of time for drug and alcohol education program

1          Duration

            This instrument:

(a)   commences on the day of registration; and

(b)   stops having effect at the end of 30 April 2010.

2          Application

            This instrument applies to Express Freighters Australia Pty Ltd, Aviation Reference Number 503021 (Express Freighters).

3          Exemption

Express Freighters is exempt from compliance with subparagraph 99.080 (1) (a) (ii) of CASR 1998.

Note Express Freighters must, however, implement subparagraph 99.080 (1) (a) (i) of CASR 1998 in accordance with its terms.

4          Conditions

            The exemption is subject to the conditions mentioned in Schedule 1.

Schedule 1          Conditions

      1     By not later than the end of 9 April 2009, Express Freighters must deliver its drug and alcohol education program (the Express Freighters DAE program) to each SSAA employee and each DAMP supervisor who:

(a) commenced working for Express Freighters on or before the commencement date for Part 99 of CASR 1998; and

(b)   has not received the Express Freighters DAE program.

Note The commencement date for Part 99 of CASR 1998 was 23 September 2008.

      2     By not later than the end of 9 April 2009, Express Freighters must ensure that each SSAA employee and each DAMP supervisor mentioned in clause 3 receives personal training or correspondence identifying:

(a) the differences between the Express Freighters DAE program and the requirements of Part 99 of CASR 1998; and

(b)   the obligations and liabilities arising from CASR Part 99.

      3     For clause 2, the following are the SSAA employees and DAMP supervisors:

(a)   each person covered by clause 1; and

(b) each SSAA employee and each DAMP supervisor who commenced working for Express Freighters on or before the commencement date for Part 99 of CASR 1998 who has received the Express Freighters DAE program.

      4     By not later than the end of 30 April 2010, Express Freighters must ensure that each SSAA employee and each DAMP supervisor attends a drug and alcohol education program that conforms to the requirements of CASR Subpart 99.B.

      5     In this Schedule:

Express Freighters DAE program means that part of the Qantas Group of Companies drug and alcohol education program, as in operation on 5 November 2008, that applies to Express Freighters SSAA employees and DAMP supervisors, including:

(a)   the matters described in the 5 November 2008 letter, submission and 15 attachments from the Qantas Group of Companies Chief Risk Officer to the CASA Deputy Chief Executive, Strategy and Support; and

(b)   changes to the program submitted in writing to the CASA Principal Medical Officer after the commencement of this instrument.