Document ID: chunk:federal_register_of_legislation:F2023L01346:body:0:p3
Version: federal_register_of_legislation:F2023L01346
Segment Type: other
Provision Reference: 
Character Range: 5174–7980

is available to perform, an applicable SSAA for the DAMP organisation; and
(b) is exempt from compliance with regulation 99.035 of CASR to the extent that it requires the organisation to implement its DAMP by giving effect to regulation 99.080 of CASR in relation to a non-DAMP organisation's employee or contractor who performs, or is available to perform, an applicable SSAA for the DAMP organisation.
       (3) However, subsection (2) does not apply insofar as a DAMP organisation implements its DAMP regarding the employee or contractor of the non-DAMP organisation to give effect to the matters mentioned in subregulation 99.065(2) of CASR.
Note 1   In subsection (3), the employee or contractor of the non-DAMP organisation is an SSAA employee of the DAMP organisation — see definitions of DAMP contractor, employee and SSAA employee in regulation 99.010 of CASR.
Note 2   Subregulation 99.065(2) requires that a DAMP include requirements to not permit an SSAA employee to perform, or be available to perform, an applicable SSAA in specified circumstances related to: (1) the employee's faculties being suspected of being impaired due to the employee being under the influence of testable drugs or of alcohol; or (2) the SSAA employee being involved in an accident or serious incident.
Note 3   See the direction relating to subsection (3) in subsection 6(1).

6 Directions — DAMP organisation
       (1) If a DAMP organisation to which section 5 applies implements its DAMP regarding an employee or contractor of the non-DAMP organisation as mentioned in subsection 5(3), the DAMP organisation must, as soon as practicable after implementing its DAMP in relation to the matters mentioned:
(a) notify the non-DAMP organisation in writing of the implementation; and
(b) notify CASA in writing if the DAMP organisation does not permit the employee or contractor to perform, or be available to perform, the applicable SSAA for the DAMP organisation.
       (2) A DAMP organisation to which an exemption under section 5 applies (or applied) must:
(a) record the grounds for its reasonable belief mentioned in paragraph 5(1)(b); and
(b) ensure that the record states the date the record was created; and
(c) keep the record in a secure location for 5 years from that date; and
(d) within 6 months after the end of the 5-year period for which the record was kept, destroy or delete:
           (i) the record; or
           (ii) any parts of the record that relate to the results of drug or alcohol testing.

7 Directions — non-DAMP organisation
       (1) A non-DAMP organisation that has a DAMP-like program that is the subject of an exemption under section 5 must comply with regulations 99.080 and 99.085 of CASR, as applied under section 4, in the implementation and review of the program.
       (2)