(1) For subparagraph 99.045(b)(ii), the DAMP must meet the following requirements:
(a) that any testing done under the organisation's DAMP will be conducted as follows:
(i) for breath alcohol testing--using a device that meets the Standard mentioned in paragraph (a) of the definition of relevant Standard, or a device that meets the Standard mentioned in paragraph (b) of that definition;
(ii) for oral fluid testing--in accordance with the Standard mentioned in paragraph (c) of the definition of relevant Standard;
(iii) for urine testing--in accordance with the Standard mentioned in paragraph (d) of the definition of relevant Standard;
(b) that drug and alcohol testing of SSAA employees under the DAMP will be conducted in the circumstances set out in subregulation (2).
(2) For paragraph (1)(b), the circumstances in which drug and alcohol testing will be conducted on SSAA employees are as follows:
(a) when a person first joins the DAMP organisation, if the person will be working as a regular SSAA employee, or when an employee whose role in the organisation is to change to that of a regular SSAA employee on or after the commencement date, unless:
(i) the employee has been drug and alcohol tested; and
(ii) the tests were conducted less than 90 days before the employee is required to begin performing or being available to perform an applicable SSAA; and
(iii) each of the test results was not a positive result;
(b) after an accident or serious incident involving a SSAA employee that occurs while he or she is performing, or available to perform, an applicable SSAA, if suitable test conditions exist;
(c) if a DAMP supervisor has reasonable grounds to believe that a SSAA employee may be adversely affected by a testable drug or by alcohol while performing, or available to perform, an applicable SSAA;
(d) if a SSAA employee is returning to work after a period during which the employee was not permitted, under paragraph 99.065(1)(c), (d) or (e), to perform or be available to perform an applicable SSAA because of testable drug use.
Drug test results under DAMP
(3) A positive result for a confirmatory drug test conducted on a body sample under a drug and alcohol testing program mentioned in subparagraph 99.045(b)(ii), is taken not to be a positive result for the sample if a DAMP medical review officer has determined that the test result for the sample could be the result of legitimate therapeutic treatment or some other innocuous source.