Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:13:p38
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 13 (pt 38/76)
Character Range: 2141107–2143964

the organisation implements its DAMP, the organisation must make the DAMP available to the employee by the end of the day the employee next performs or is available to perform an applicable SSAA for the DAMP organisation.
Penalty: 50 penalty units.
 (3) An offence against subregulation (1) or (2) is an offence of strict liability.

Division 99.B.3—Content and implementation of DAMP

Subdivision 99.B.3.1—Content of DAMP

99.045  Content of DAMP
  A DAMP organisation's DAMP must:
 (a) apply to all SSAA employees of the organisation, and state each category of the organisation's SSAA employees covered by the DAMP; and
 (b) include the following:
 (i) a drug and alcohol education program;
 (ii) a drug and alcohol testing program, that meets the requirements specified in regulations 99.050, 99.055 and 99.060;
 (iii) a drug and alcohol response program that meets the requirements specified in regulations 99.065, 99.070 and 99.075;
  and set out details of those programs; and
 (c) identify, and provide the contact details for, each person in the DAMP organisation who has any of the following roles:
 (i) DAMP contact officer;
 (ii) DAMP supervisor; and
 (d) be implemented as required by regulation 99.080 and set out the details of those requirements.
Note: A drug and alcohol education program includes the matters set out in the definition of drug and alcohol education program in subregulation 99.010(1).

Subdivision 99.B.3.2—Drug and alcohol testing program

99.050  Requirements for drug and alcohol testing
 (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