Document ID: chunk:federal_register_of_legislation:F2023L00628:body:0:p5
Version: federal_register_of_legislation:F2023L00628
Segment Type: other
Provision Reference: 
Character Range: 10809–13659

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 employee performs, or is available to perform, the applicable SSAA for the DAMP organisation in response to the emergency;
       (b) the DAMP organisation must make a contemporaneous record of the following information:
           (i) the name and address of the employee to whom the notice is given;
           (ii) the date and time the employee is given the notice;
           (iii) details of the emergency in relation to which the notice is given;
       (c) if the DAMP organisation has reasonable grounds to believe the employee is adversely affected by a drug or alcohol while performing, or available to perform, the applicable SSAA in response to the emergency, the DAMP organisation must not allow the employee to perform, or be available to perform, the SSAA in response to the emergency whilst the reasonable grounds continue to exist;
       (d) if an accident or serious incident happens, involving the employee, while the employee is performing, or available to perform, the applicable SSAA in response to the emergency, the DAMP organisation must not allow the employee to perform, or be available to perform, the SSAA in response to the emergency during the period of 32 hours after the time the accident or incident happened.
       (4) In this section, drug and alcohol risk mitigation notice means a notice stating the following:
       (a) the employee must not perform, or be available to perform, the applicable SSAA in response to the emergency if the employee is aware that he or she is adversely affected by a drug or alcohol;
       (b) if any of the following applies, the employee is encouraged to disclose this information to the DAMP organisation:
           (i) the employee is taking a testable drug;
           (ii) the employee has consumed alcohol within 24 hours before the employee performs, or is available to perform, the applicable SSAA in response to the emergency;
       (c) if the DAMP organisation has reasonable grounds to believe the employee is adversely affected by a drug or alcohol while performing, or available to perform, the applicable SSAA in response to the emergency, the DAMP organisation will not allow the employee to perform, or be available to perform, the SSAA in response to the emergency whilst the reasonable grounds continue to exist;
       (d) if an accident or serious incident happens, involving the employee, while the employee is performing, or available to perform, the applicable SSAA in response to the emergency, the DAMP organisation will not allow the employee to perform, or be available to perform, the SSAA