CASA EX72/12 - Exemption - from CASR Subpart 99.B for micro-businesses

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption from CASR Subpart 99.B for micro-businesses

Purpose

Under Subpart 99.B of the Civil Aviation Safety Regulations 1998 (CASR 1998), organisations (DAMP organisations) with employees or contractors who perform, or are available to perform, safety sensitive aviation activity (SSAA) must develop and implement drug and alcohol management plans (DAMPs). The purpose of the exemption instrument is to exempt small DAMP organisations (to be known as micro‑businesses) with not more than 7 SSAA employees from the obligation to have a DAMP, provided they formally adopt a specially prepared and simplified CASA drug and alcohol management program instead. However, the exemption does not apply to micro-businesses that are engaged in, or that provide services to, any regular public transport (RPT) operation.

Legislation — exemptions

Subpart 11.F of CASR 1998, as amended from 27 June 2011 by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 2), deals with exemptions.

Under subregulation 11.160 (1) of CASR 1998, and for subsection 98 (5A) of the Civil Aviation Act 1988 (the Act), CASA may, by instrument, grant an exemption from a provision of the Civil Aviation Regulations 1988 (CAR 1988), CASR 1998 or a Civil Aviation Order in relation to a matter mentioned in subsection 98 (5A).

Under subregulation 11.160 (2) of CASR 1998, an exemption may be granted to a person or a class of persons. Under subregulation 11.160 (3), CASA may grant an exemption on application, or on its own initiative. For an application for an exemption, CASA must regard as paramount the preservation of an acceptable level of safety. For making a decision on its own initiative, CASA is guided by the requirement in subsection 9A (1) of the Act that in exercising its powers and functions CASA must regard the safety of air navigation as the most important consideration.

Under regulation 11.205 of CASR 1998, CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation. Under regulation 11.210, it is a strict liability offence not to comply with the obligations imposed by a condition. Under regulation 11.225, CASA must, as soon as practicable, publish on the Internet details of all exemptions under Subpart 11.F.

Under subregulation 11.230 (1), an exemption (but not an exceptional circumstances exemption for regulation 11.185 about major emergencies) may remain in force for 3 years or for a shorter period specified in the instrument.

Under subregulation 11.230 (3), an exemption in force in relation to a particular aircraft owned by a particular person, ceases to be in force when the aircraft ceases to be owned by that person. Under regulation 11.235, an exemption is not transferable (as between operators, aircraft etc.).

Legislation — drug and alcohol management

Under subsection 9 (1) of the Act, CASA has the function of conducting the safety regulation of civil air operations by means that include administering Part IV of the Act.

Part IV of the Act includes section 34. Under section 34, regulations may make provision for DAMPs for people who perform applicable SSAA, and for CASA to conduct drug and alcohol testing of such people.

Subsection 98 (1) of the Act additionally provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Act.

The Civil Aviation Safety Amendment Regulations 2008 (No. 1) commenced on 23 September 2008. They amended CASR 1998 by inserting a new Part 99, Drug and alcohol management plans and testing (CASR Part 99).

The purpose of CASR Part 99 was to give effect to Part IV of the Act, by establishing a framework for the development of DAMPs similar to those already in place in other transport sectors, and by introducing random drug and alcohol testing by CASA for all persons involved in SSAA.

DAMPs

Under subregulation 99.030 (1) of CASR 1998, an organisation must develop a DAMP if the organisation is a DAMP organisation. A DAMP organisation is one that has employees who perform applicable SSAA (SSAA employees) and is on a generic list of organisations defined in subregulation 99.030 (2), for example, AOC holders, maintenance organisations, aerodrome operators, air traffic service providers etc. Applicable SSAA are defined in subregulation 99.015 (2), and include activities on the “airside” of an aerodrome (i.e. the tarmac and related areas) as well as flight crew duties, maintenance, aircraft refuelling, security, baggage handling, air traffic control etc.

Under the definitions in regulation 99.010 (1) of CASR 1998, a DAMP means a plan that complies, or purports to comply, with the requirements of regulation 99.045.

Drug and alcohol testing obligations under DAMPs

Under paragraph 99.045 (a) of CASR 1998, a DAMP organisation’s DAMP must apply to all applicable SSAA employees of the organisation (and employees is defined to include people working under a contract for services).

Under paragraph 99.045 (b) of CASR 1998, a DAMP must include a drug and alcohol education program, a drug and alcohol testing program and a drug and alcohol response program (for example, in relation to rehabilitation).

Under paragraph 99.055 (b) of CASR 1998, assuming test conditions exist, drug and alcohol testing of a DAMP organisation’s applicable SSAA employees must be carried out under its DAMP if there is an accident or serious incident involving the employee while he or she is performing, or available to perform, SSAA (post-accident testing).

Similarly, under paragraph 99.055 (c) of CASR 1998, drug and alcohol testing of a DAMP organisation’s SSAA employee must be carried out under its DAMP if a DAMP supervisor has reasonable grounds to believe that an SSAA employee may be adversely affected by a testable drug or by alcohol while he or she is performing, or available to perform, SSAA (reasonable grounds testing).

Under regulation 99.055 of CASR 1998, a DAMP organisation’s DAMP must include a requirement to consult a DAMP medical review officer to determine if the positive presence and level of a testable drug, confirmed by confirmatory testing, could be the result of legitimate therapeutic treatment or some other innocuous source (a medical review). In addition, the DAMP must have a requirement to consult a DAMP medical review officer (MRO) to review medical information concerning a person’s failure to give a body sample for drug or alcohol testing because of a medical condition (also a medical review).

Under subregulation 99.065 (1) of CASR 1998, a DAMP organisation’s DAMP must include a requirement that the organisation not permit an employee to perform SSAA if the employee has returned a positive result for a drug or alcohol test that has not been discounted through confirmatory testing.

Equally, under subregulation 99.065 (2) of CASR 1998, a DAMP organisation’s DAMP must include a requirement that the organisation not permit an employee to perform SSAA if the employee is under reasonable suspicion of drug or alcohol impairment, or has been involved in an accident or serious incident and a test has not been conducted or has not yet produced test results.

DAMP contractors

Under subregulation 99.010 (1) of CASR 1998, an employee of a DAMP organisation includes a DAMP contractor of the organisation. Under subregulation 99.010 (1), a DAMP contractor means a person, or the employee of a person, who is a contractor to the DAMP organisation, or a subcontractor (or sub-subcontractor etc.) to the contractor (or subcontractor). A DAMP contractor may itself be a DAMP organisation. Generally speaking, DAMP organisations must assume drug and alcohol responsibility for their contractors who are to be treated as employees for this purpose.

The issue for micro-businesses

Because of the usually unvarying size and often remote locality of micro-businesses, CASA has decided to issue an exemption on its own initiative to relieve such organisations of the obligation to develop and implement a full-scale DAMP, provided they adopt a specially prepared and simplified CASA DAMP instead (for convenience also called a micro-business DAMP).

The micro-business DAMP recognises the difficulties that micro-businesses in remote localities face, for example, in devising effective drug and alcohol management training for their employees, in having to have DAMP medical review officers, in carrying out pre-deployment and other drug and alcohol testing, and in meeting the mandated relevant Australian and New Zealand Standards for testing, particularly drug testing. For more effective implementation of CASR Part 99 in micro-businesses without unduly sacrificing safety outcomes, CASA considers that it is necessary to offer a simpler avenue to compliance.

The issue for CASA

CASA is concerned that in grappling with these real difficulties, some small DAMP organisations may have decided to unacceptably dilute or even ignore their duty with respect to drug and alcohol management of SSAA employees.

The purpose of the exemption and of the CASA micro-business DAMP then is to realistically but responsibly modify the nature of the drug and alcohol management responsibilities of micro-businesses and, thereby, remove any self-justification for ignoring or unacceptably diluting their aviation safety duty in this respect.

With the exemption and CASA micro-business DAMP available, CASA considers that there can be no excuse for anything less than full and conscientious compliance with the micro-business DAMP. CASA’s planned audit and surveillance program for micro‑businesses will reflect this after the exemption takes effect.

The exemption

Under the exemption, a micro-business is exempt from each provision of Subpart 99.B of CASR 1998, except each provision in Division 99.B.4 (dealing generally with review and audit of DAMPs — these obligations and powers continue to apply as if the micro‑business DAMP were a CASR Part 99 DAMP).

Micro-business

A micro-business is defined as a DAMP organisation that has not more than 7 regular SSAA employees performing, or available to perform, an applicable SSAA for the micro‑business.

RPT

However, the exemption does not apply to a micro-business that is engaged in, or that provides services to, any RPT operation. This formulation is broad and is intentionally chosen because the benefits of the modified drug and alcohol management regime are not to extend to businesses that may impact on RPT operations.

Expectation of more than 7

Nor does the exemption apply if there is a reasonable expectation, based on past experience, that the number of regular SSAA employees is subject to variation above 7 at any reasonably foreseeable time. The exemption is strictly for micro-businesses and not larger organisations.

No exemption if more than 7

A provision excludes from the scope of the exemption a business that has more than 7 regular SSAA employees performing, or available to perform, an applicable SSAA for the micro-business.

Calculations — include company directors and family members

In calculating the number of regular SSAA employees performing, or available to perform, an applicable SSAA for a micro-business, employee is taken to include any individual who is not an employee of the micro-business but who is permitted by the micro-business to perform, or be available to perform, an applicable SSAA for the micro-business.

For example, many micro-businesses are family businesses in which family members participate while not necessarily being employees in any formal legal sense. It is necessary, however, for the exemption that such family members be regarded as employees.

Calculations — exclude people providing generic SSAA

In addition, for calculating the number of regular SSAA employees performing, or available to perform, an applicable SSAA for a micro-business, a person who has a contract of service, or a contract for services, with another organisation whose business is to provide DAMP organisations generally with generic SSAA, is not to be taken to be an employee of the business to whom the SSAA service is provided.

For this purpose, generic SSAA means the SSAA mentioned in the following paragraphs of regulation 99.015 of CASR 1998: (e), (f), (h), (i), (j), (k) and (l).

A Note explains that, in general terms, these relate to aircraft refuelling, airport security, aircraft baggage handling, air traffic control, and aerodrome fire fighting.

Calculations — include other contractors

The effect of this definition is that persons providing SSAA services other than those defined as generic SSAA must be counted as SSAA employees of the micro-business in line with the definition of employee in regulation 99.010 of CASR 1998. (Thus, for example, contracted pilots or engineers must be counted in determining whether the maximum number of 7 regular SSAA employees has been met or exceeded.)

A regular SSAA employee is one who is reasonably likely to perform an applicable SSAA at least 2 or more times every 90 days.

An applicable SSAA means 1 of the defined SSAA to which drug and alcohol testing applies (for example, and generally speaking, maintenance, baggage handling, security, fuelling, flight, or things done “airside”, that is on the surface of a certified or registered aerodrome or on an aircraft on such an aerodrome).

The operation of the exemption is subject to the condition that the micro-business must formally adopt as its DAMP the CASA micro-business DAMP, and at all times comply with its terms. Formally means in writing, signed by the most senior executive manager of the business (however described).

A Note in the exemption explains that the CASA micro-business DAMP is on the CASA website and that it must be formally adopted in writing and compliance initiated by the micro-business before the exemption can apply to a micro-business.

A second Note explains that the exemption ceases to apply if the number of SSAA employees exceeds 7. The Note also points out that the exemption cannot even begin to apply if there is a reasonable expectation, based on past experience, that the number of regular SSAA employees is subject to variation above 7 at any reasonably foreseeable time.

Details of the CASA micro-business DAMP

Fuller details of the CASA micro-business DAMP are in Attachment 1.

Legislative Instruments Act

As noted above, exemptions under subregulation 11.160 (1) of CASR 1998 are “for subsection 98 (5A)” of the Act, that is, for regulations which empower the issue of certain instruments, like exemptions, in relation to “(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft”, and “(b) the airworthiness of, or design standards for, aircraft”.

The exemption is clearly one in relation to matters affecting the safe navigation and operation of aircraft. Under subsection 98 (5AA) of the Act, an exemption issued under paragraph 98 (5A) (a) for such matters is a legislative instrument if expressed to apply in relation to a class of persons, a class of aircraft or a class of aeronautical products (as distinct from a particular person, aircraft or product).

The exemption applies to a class of persons and is, therefore, a legislative instrument subject to registration, and tabling and disallowance in the Parliament, under sections 24, and 38 and 42, of the Legislative Instruments Act 2003 (the LIA).

Consultation

Consultation under section 17 of the LIA has been undertaken as follows. The concept of a CASA-supplied micro-business DAMP has been widely canvased with industry at a number of general aviation forums. This has allowed CASA to develop a standard that best meets the needs of the aviation industry at the micro-business level without compromising the safety outcomes CASA seeks. Forums have been facilitated by the following groups:

• Aviation Maintenance Repair and Overhaul Business Association (AMROBA)
• Aircraft Owners and Pilots Association of Australia (AOPA)
• Sport Aircraft Association of Australia (SAAA)
• Regional Aviation Association of Australia (RAAA)
• Aerial Agricultural Association of Australia (AAAA).

In addition, CASA held a number of open forums at key locations, and continued to do so up to the date of implementation of the exemption.

Office of Best Practice Regulation (OBPR)

The exemption is of beneficial effect for its targeted class of micro-businesses. A Regulation Impact Statement is not required for OBPR in this case because a preliminary assessment of business compliance costs in the context of the nature of the instrument indicates that it will have only a nil to low impact on business.

Statement of Compatibility with Human Rights

The following Statement is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

The instrument exempts certain micro-businesses from requirements to have a DAMP under Part 99B of CASR 1998 provided the business adopts the CASA micro-business DAMP. The exemption is beneficial for the micro-businesses concerned who, because of their size and location, would otherwise face some difficulty in fully complying with CASR Part 99.

Since its effects are limited to these beneficial consequences, the instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights, as it does not raise any human rights issues.

Commencement

The instrument commences on 18 June 2012, after it is registered, and stops having effect at the end of 17 June 2015. An exemption may remain in force for not more than 3 years and it is likely that, before the exemption expires, CASR 1998 will be amended to address the question of micro-businesses.

CASA eLearning

The instrument commences on 18 June 2012 because on and from that date, the CASA online drug and alcohol education program (CASA eLearning) will be available. Under the terms of the CASA micro-business DAMP, an SSAA employee will not be permitted to perform, or be available to perform, an applicable SSAA for the micro-business unless and until he or she has successfully completed the online CASA eLearning.

Making

The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

[Instrument number CASA EX72/12]

ATTACHMENT 1

DRUG AND ALCOHOL MANAGEMENT PROGRAM FOR A MICRO‑BUSINESS

Our micro-business DAMP

This is our drug and alcohol management program (micro-business DAMP) for eligibility to obtain the benefit of CASA EX72/12 (the CASA exemption) which exempts Australian micro-businesses from the otherwise compulsory requirements of Subpart 99.B of the Civil Aviation Safety Regulations 1998 (CASR 1998).

Minimise risks and preserve safety

The aim of this micro-business DAMP is to:

1. minimise the risks to safety of drug and alcohol misuse in our aviation micro‑business; and
2. prevent any safety-sensitive aviation activity (SSAA) employee who is adversely affected by drugs or alcohol from performing, or being available to perform, an SSAA for our micro-business.

Definitions

Unless otherwise stated, words, phrases and acronyms in this micro-business DAMP have the same meanings as in Part 99 of CASR 1998.

Special definitions

For this micro-business DAMP:

SSAA employee means any person who is performing SSAA activities for our business, whether as an employee, a contractor, or under any other arrangements.

Regular SSAA employee means an SSAA employee who is reasonably likely to perform an applicable SSAA at least 2 or more times every 90 days.

Applicable SSAA means an SSAA that falls within the formal definition of applicable SSAA in Part 99 of CASR 1998. Generally speaking, these include, for example, maintenance, baggage handling, security, fuelling, flight, or things done “airside”, that is on the surface of a certified or registered aerodrome or on an aircraft on such an aerodrome.

On first engagement means when first employed, contracted or under any arrangement with us to perform SSAA activities for us.

For a person who was already engaged with us when we adopted this micro-business DAMP, on first engagement means as soon as reasonably practicable, but not later than 30 days from the date we adopted this micro-business DAMP.

Micro-business — 7 SSAA employees

We are a micro-business for the exemption because we do not have, at any time, and under any circumstances, more than 7 regular SSAA employees performing, or available to perform, an applicable SSAA for our business.

Furthermore, based on past experience, we do not have any reasonable expectation that the number of regular SSAA employees will be subject to variation above 7 at any reasonably foreseeable time.

What happens if we have more than 7 SSAA employees

We recognise that if, at any time, we have more than 7 regular SSAA employees performing, or available to perform, an applicable SSAA for our micro-business, the CASA exemption no longer applies to us. We are no longer eligible for the benefit of the CASA exemption and we must comply in full with Subpart 99.B of CASR 1998.

If, at any time, we do have more than 7 regular SSAA employees performing, or available to perform, an applicable SSAA for our micro-business, we will comply with all the requirements and the obligations set out in Subpart 99.B of CASR 1998.

We recognise that those obligations are significantly different in some respects from our obligations under this micro-business DAMP because of the relief otherwise provided by the CASA exemption.

CASA random drug and alcohol testing unaffected

We recognise that the CASA exemption exempts us only from certain DAMP requirements and that we remain subject to Subpart 99.C of CASR 1998 under which CASA conducts random drug and alcohol testing.

Provide training and supply copy of micro-business DAMP to SSAA employees

On first engagement, we will train each of our SSAA employees for our micro-business DAMP by doing the following, and until all relevant steps are completed for an SSAA employee, he or she is not permitted to perform an SSAA:

1. we will give each of our SSAA employees a copy of this micro-business DAMP;
2. we will identify the micro-business DAMP contact officer and the micro‑business DAMP supervisor;
3. through regular staff meetings with them, we will tell each of our SSAA employees of our commitment to effective drug and alcohol management in the interests of aviation safety, and we will publish our statement of this commitment in company documents;
4. we will encourage each of our SSAA employees to inform the micro-business DAMP supervisor if they believe that they have consumed a level of alcohol or are taking any drug (this includes prescription and over-the-counter medication) that may affect his or her safe performance of SSAA;
5. we will tell each of our SSAA employees that if they consume a level of alcohol or take any drug that may affect the safe performance of their SSAA duties, they must not perform, or be available to perform, such SSAA duties.
6. if an employee has performed, or is in the act of performing, SSAA duties and we believe the SSAA employee has consumed a level of alcohol or taken any drug that may affect the safe performance of their SSAA duties, we will take all appropriate measures to protect the safety of our SSAA operations;
7. we will require successful completion of our drug and alcohol education program. For this purpose, the company uses the CASA online drug and alcohol education program (CASA eLearning) available on the CASA website.
8. we will keep a record (paper register or computer database) of all SSAA employees who have completed the CASA eLearning. The register will record the employee’s name, the date the CASA eLearning was completed, the result of the test and the date that the CASA eLearning will be re-tested.
9. an SSAA employee will be required to redo and complete the CASA eLearning once every 30 months.

CASA eLearning

On first engagement, an SSAA employee of our micro-business will not be permitted to perform, or be available to perform, an applicable SSAA for our micro-business unless and until he or she has successfully completed the CASA eLearning in their capacity as our employee. On first engagement, each SSAA employee will be told of this requirement.

CASA eLearning Refresher

Thirty months after completing the CASA eLearning (or CASA eLearning Refresher) as our employee, an SSAA employee of our micro-business will not be permitted to perform, or be available to perform, an applicable SSAA for our micro-business unless and until he or she has successfully completed the periodic 30 month CASA eLearning Refresher in their capacity as our employee. On first engagement, each SSAA employee will be told of this requirement.

Our eLearning log-on will be recorded

We recognise that when we log into the CASA eLearning site to enable our SSAA employees to complete their eLearning, or eLearning Refresher, details of our SSAA employees’ completion of the eLearning is recorded for audit purposes.

On first engagement, each SSAA employee will be told of this requirement.

We give permission for this, on our own behalf, and, with the agreement of each of our SSAA employees, on their behalf. We will seek and obtain that employee agreement.

Our micro-business DAMP supervisor

Our micro-business DAMP supervisor will undertake the same CASA eLearning as an SSAA employee. In addition, our micro-business DAMP supervisor will also undertake further training, approved by CASA, in the role of being an effective micro-business DAMP supervisor.

Drug and alcohol testing by us

We recognise that we are not required to have our own drug and alcohol testing program but that we may have such a program if we so chose.

However, if we chose to have our own drug and alcohol testing program, we will document it, and we will tell our SSAA employees of the program and what it involves. In such a program, in order to expedite testing: for drug testing we will use only urine or oral fluid; and for alcohol testing we will use only breath samples.

Positive test results

An SSAA employee may give a positive drug or alcohol test result in different circumstances, for example:

1. under our own drug and alcohol testing program (if we have one); and
2. under another organisation’s drug and alcohol testing program (if we properly become aware of it); and
3. under Subpart 99.C of CASR 1998 under which CASA conducts random drug and alcohol testing.

How we will react to a positive test result for any of our SSAA employees

If, for any of our SSAA employees, we become aware of any positive test result for a confirmatory drug test or a confirmatory alcohol test, we will not permit the SSAA employee to perform, or be available to perform, an applicable SSAA for our micro‑business unless one of the following events happens first:

1. a CASA medical review officer has determined that the positive result could have been caused by medical treatment or another innocent cause and is not an aviation safety risk;
2. a CASA medical review officer, or a CASR Part 99 DAMP medical review officer, or a registered medical practitioner nominated by us, considers that the SSAA employee:

 (a) has undergone an assessment for drug or alcohol use (which may include an assessment carried out by a registered medical practitioner nominated by us); and

 (b) has received a negative test result for a confirmatory drug test or a confirmatory alcohol test; and

 (c) is considered fit to perform, or be available to perform, an applicable SSAA for us.

How we will react if testing is refused or interfered with by any of our SSAA employees

If, for any of our SSAA employees, we become aware that the SSAA employee was required to take a drug or alcohol test and refused to take the test, or interfered with the integrity of the test, we will not permit the SSAA employee to perform, or be available to perform, an applicable SSAA for our micro-business until the following event has occurred:

 a CASA medical review officer, or a DAMP medical review officer, or a registered medical practitioner nominated by us, considers that the SSAA employee:

 (a) has undergone an assessment for drug or alcohol use; and

 (b) has received a negative test result for a confirmatory drug test or a confirmatory alcohol test; and

 (c) is considered fit to perform, or be available to perform, an applicable SSAA for us.

Required in this circumstance means required by law, or by us, or by CASA, or by the person’s other employer (for example, if our SSAA employee is a contractor to us but employed by another person who properly conducted a drug and alcohol test).

How we will react to suspicion of drug or alcohol misuse by any of our SSAA employees

If, when they are performing or being available to perform an applicable SSAA, any of our SSAA employees, is reasonably suspected by our DAMP supervisor of being adversely affected by a testable drug or by alcohol, we will immediately stand-down the employee from all applicable SSAA duties, until one of the following events occurs:

1. the employee is drug and alcohol tested by a competent person using serviceable testing equipment and each of the test results was not a positive result;

2. a registered medical practitioner nominated by us certifies that the employee is fit to perform, or be available to perform, applicable SSAA;

3. at least 32 hours have passed since the reasonable suspicion first arose, and we are satisfied that that the SSAA employee is not a risk to aviation safety.

How we will react if any of our SSAA employees is involved in an accident or serious incident

If, when they are performing or being available to perform an applicable SSAA, any of our SSAA employees, is involved in an accident or serious incident, we will immediately stand-down the employee from all applicable SSAA duties, until 1 of the following events occurs:

1. the employee is drug and alcohol tested by a competent person using serviceable testing equipment and each of the test results was not a positive result;

2. a registered medical practitioner nominated by us certifies that the employee is fit to perform, or be available to perform, applicable SSAA;

3. at least 32 hours have passed since the reasonable suspicion first arose, and we are satisfied that that the SSAA employee is not a risk to aviation safety.

Tested by a competent person using serviceable testing methods

In the previous paragraphs, the expression tested by a competent person using serviceable testing equipment means this:

that the person was drug or alcohol tested (or both) by any reputable, commercially available, urine or oral fluid testing equipment (for drugs) or breath testing equipment (for alcohol) that is within its manufacturer’s use-by date, and that was used in accordance with its manufacturer’s approved testing methods.

This covers testing that might be done on 1 of our SSAA employees by us, if we have a testing program and use reputable, commercially available, testing equipment that is within its use-by date.

It also covers testing that might be done on 1 of our SSAA employees who is a contractor to us provided by another employing organisation with the right to test its employees.

SSAA employees who are on contract to us from a CASR Part 99 DAMP organisation

For this section, a CASR Part 99 DAMP organisation means a DAMP organisation under Subpart 99.B of CASR 1998, other than another micro-business which is acting with the benefit of the CASA exemption.

If 1 of our SSAA employees is a contractor to us, provided to us by a DAMP organisation, then if reasonable suspicion arises, or if there is an accident or serious incident, we will immediately notify the contact officer of that DAMP organisation.

We will immediately stand-down the employee from all applicable SSAA duties, until the employee is drug and alcohol tested by the DAMP organisation and each of the test results was not a positive result.

We recognise that it is a responsibility of that DAMP organisation to test the employee in accordance with that organisation’s DAMP.

SSAA employees who are on contract to us from another DAMP micro-business

If 1 of our SSAA employees is a contractor to us, provided to us by another micro‑business with a micro-business DAMP, then if a reasonable suspicion arises, or if there is an accident or serious incident, we will immediately notify the contact officer of that other micro-business.

We will immediately stand-down the employee from all applicable SSAA duties, either:

1. until the employee is drug and alcohol tested under the other micro-business’s micro-business DAMP and each of the test results was not a positive result; or
2. until:

 (a) the employee is drug and alcohol tested by a competent person using serviceable testing equipment and each of the test results was not a positive result; or

 (b) a registered medical practitioner nominated by us certifies that the employee is fit to perform, or be available to perform, applicable SSAA; or

 (c) at least 32 hours have passed since the reasonable suspicion first arose, and we are satisfied that that the SSAA employee is not a risk to aviation safety.

The expression tested by a competent person using serviceable testing equipment has the same meaning as was mentioned above.

We recognise that nothing in this micro-business DAMP restricts, or is intended to restrict, our legal right as an employer or a contractor to terminate the employment or the contract for behaviour that is in serious breach of our employee’s or our contractor’s legal obligations to us in relation to the risks associated with the misuse of drugs and alcohol by SSAA employees.

Reporting to CASA

For each DAMP reporting period, we will report to CASA on our micro-business DAMP using, as far as applicable and practicable, the DAMP organisation reporting tool on the CASA website.

Record keeping

We will keep the records used to compile the report to CASA for 5 years from the date the information was provided to CASA.

CASA directions to change and requests for information

We will, on CASA’s written request, provide CASA with any information, documents or records required by CASA for the purpose of conducting any audit of the use of our micro-business DAMP in our micro-business. To retain our exemption eligibility, we will change this micro-business DAMP as directed in writing by CASA.