Document ID: chunk:federal_register_of_legislation:F2023L00628:body:0:p4
Version: federal_register_of_legislation:F2023L00628
Segment Type: other
Provision Reference: 
Character Range: 8128–11066

grounds that the first organisation is complying with the terms of the first organisation's micro‑business DAMP in relation to the employee.
       (3) The second organisation is exempt from compliance with the exempted provisions, to the extent that compliance requires implementation of the second organisation's DAMP in relation to the SSAA employee's performance of, or availability to perform, the applicable SSAA for the second organisation.
       (4) The exemption is subject to the condition that the second organisation must:
       (a) keep records that evidence its grounds for the satisfaction mentioned in paragraph (1)(c) or (2)(c); and
       (b) ensure each record states the date the record was created; and
       (c) keep each record in a secure location for 5 years from the date that the record is created; and
       (d) destroy or delete each record within 6 months after the end of the 5‑year period for which the record was kept under paragraph (c); and
       (e) implement its DAMP in relation to the SSAA employee to the extent that the DAMP gives effect to the matters mentioned in subregulation 99.065(2) of CASR; and
       (f) notify the first organisation in writing of any implementation of the second organisation's DAMP under paragraph (e).
Note   Subregulation 99.065(2) requires that a DAMP include requirements to not permit a SSAA employee to perform, or be available to perform, a 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 alcohol; or (2) the SSAA employee being involved in an accident or serious incident.

8 Exemption — emergency
       (1) This section applies if:
       (a) there is a contract between an emergency services organisation and a DAMP organisation in relation to the performance of an applicable SSAA for the DAMP organisation; and
       (b) the emergency services organisation is a non-DAMP organisation; and
       (c) an employee of the emergency services organisation performs, or is available to perform, the applicable SSAA for the DAMP organisation in response to an emergency; and
       (d) it is not reasonably practicable for the DAMP organisation to implement its DAMP in relation to the employee's performance of, or availability to perform, the applicable SSAA in response to the emergency.
       (2) The DAMP organisation is exempt from compliance with the exempted provisions, to the extent that compliance requires implementation of the DAMP organisation's DAMP in relation to the employee's performance of, or availability to perform, the applicable SSAA for the DAMP organisation in response to the emergency.
       (3) The exemption in subsection (2) is subject to the following conditions:
       (a) the DAMP organisation must give the employee a drug and alcohol risk mitigation notice not more than 24 hours before the