Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:13:p42
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 13 (pt 42/76)
Character Range: 2151339–2154090

in implementing its DAMP, must ensure the following:
 (a) that the organisation's SSAA employees and DAMP supervisors attend the organisation's drug and alcohol education program:
 (i) for persons who begin work for the organisation after the commencement date—before commencing duties as a SSAA employee or DAMP supervisor; or
 (ii) for persons working for the organisation as SSAA employees or DAMP supervisors on or before the commencement date—within 6 months of the commencement date; or
 (iii) for persons working for the organisation as SSAA employees or DAMP supervisors who, after the commencement date, have attended the program—within 30 months of the person's last attendance at the program;
 (b) that each SSAA employee of the DAMP organisation is informed that he or she must not perform, or be available to perform, an applicable SSAA if aware that he or she is adversely affected by a testable drug or by alcohol, until the employee is no longer adversely affected;
 (c) that each SSAA employee of the DAMP organisation is subject to drug and alcohol testing under the DAMP while performing, or available to perform, a SSAA of the DAMP organisation.
 (2) The DAMP organisation must also do the following:
 (a) encourage each of the organisation's SSAA employees to disclose if he or she has consumed a level of alcohol, or is taking any drug, that may affect his or her ability to carry out an applicable SSAA;
 (b) inform each SSAA employee of the organisation that drug and alcohol testing under this Subpart will require a person who is to be tested to provide a body sample;
 (c) record the policy and procedures of the organisation's DAMP using a controlled document protocol.

Division 99.B.4—Review and audit of DAMP

99.085  Review of DAMP by DAMP organisation
 (1) A DAMP organisation must review its DAMP to ensure compliance with the requirements of this Subpart:
 (a) every 5 years, beginning on the date on which the DAMP was developed; and
 (b) at any other time CASA directs.
Penalty: 50 penalty units.
 (2) An offence against subregulation (1) is an offence of strict liability.

99.090  Audit of DAMP organisation by CASA
 (1) CASA may audit the operation of a DAMP organisation to ensure appropriate development, implementation and enforcement of a DAMP.
 (2) For the audit, CASA may require the DAMP organisation to provide to CASA:
 (a) information and records, as specified by CASA, demonstrating that the organisation has:
 (i) developed a DAMP; and
 (ii) implemented the DAMP; and
 (b) a copy of the DAMP that is being implemented; and
 (c) any other information and records specified by CASA that are relevant to the audit.
 (3) The DAMP organisation must comply with the requirement.
Penalty: 50 penalty units.