Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.100

Information to be provided to CASA

  (1)   A DAMP organisation that has implemented a DAMP must provide the following information to CASA in respect of each DAMP reporting period, or part of a reporting period, during which the DAMP was implemented:

  (a)   the number of the organisation's employees who performed an applicable SSAA at least 2 or more times in the 90 days preceding the end of the reporting period;

  (b)   the number of the organisation's SSAA employees who attended a drug and alcohol education program during the period, including the number of employees who attended such a program:

  (i)   for the first time; and

  (ii)   for a second or subsequent time;

  (c)   the number and type of drug or alcohol tests undergone by SSAA employees under the DAMP during the period;

  (d)   the results of the tests, including the number of positive test results that a DAMP medical review officer has determined could be as a result of legitimate therapeutic treatment or some other innocuous source;

  (e)   the date and time that the tests under the DAMP were conducted;

  (f)   the role that each SSAA employee tested was undertaking at the time of being tested;

  (g)   the applicable SSAA that each SSAA employee tested was performing or available to perform at the time that he or she was tested;

  (h)   if testing was conducted following an accident or serious incident--information about the date, time and location of:

  (i)   the accident or serious incident; and

  (ii)   the testing conducted following the accident or serious incident;

  (i)   follow - up action taken by the organisation under the DAMP in respect of SSAA employees:

  (i)   who were drug or alcohol tested under this Subpart; and

  (ii)   whose test results were positive results;

  (j)   follow - up action taken by the organisation under the DAMP in respect of any SSAA employees:

  (i)   who were tested under Subpart   99.C; and

  (ii)   whose test results were positive results;

  (k)   follow - up action taken by the organisation under the DAMP in respect of any SSAA employees who refused to take a drug or alcohol test, or interfered with the integrity of a drug or alcohol test, under this Subpart or Subpart   99.C;

  (l)   the number of SSAA employees referred to a nominated drug or alcohol intervention program;

  (m)   any other information relating to the implementation of a DAMP, or a drug or alcohol test under this Part, that CASA requests of the organisation in writing.

Penalty:   50 penalty units.

  (2)   The information must be given in writing within 21 days after the end of the reporting period to which it relates.

  (3)   The information must not include any information, other than that listed in subregulation   (1), in respect of a SSAA employee that might identify the employee.

Penalty:   50 penalty units.

  (4)   A DAMP organisation that has implemented a DAMP must provide the name and contact details of the organisation's current DAMP contact officer to CASA.

Penalty:   50 penalty units.

Information to approved testers

  (5)   If a DAMP organisation or a DAMP contractor is required to provide information by an approved tester in the circumstances specified in paragraph   99.125(2)(b), the organisation or contractor must comply with the requirement within 1 hour of being given notification by the tester of the requirement.

Penalty:   50 penalty units.

  (6)   An offence against subregulation   (1), (3), (4) or (5) is an offence of strict liability.