Document ID: chunk:federal_register_of_legislation:F2025L00228:body:0:p3
Version: federal_register_of_legislation:F2025L00228
Segment Type: other
Provision Reference: 
Character Range: 5219–8142

adversely affected by a testable drug or by alcohol while performing, or available to perform, an applicable SSAA.
       Note 1   For example, a relevant organisation would have reasonable grounds for considering that the SSAA employee may be adversely affected by a testable drug or by alcohol if the organisation, as part of its management of the risks of drug or alcohol usage by SSAA employees, has a person performing equivalent duties to a DAMP supervisor who reasonably considers the SSAA employee may be so adversely affected.
       Note 2   Paragraph (3)(b) is based on paragraph 99.050(2)(c) of CASR.
       (4) Despite not having a DAMP, the relevant organisation must prevent an employee from performing, or being available to perform, an applicable SSAA in any circumstance mentioned in regulation 99.065 of CASR, including where the circumstance arises from a test mentioned in subsection (3) or Subpart 99.C of CASR.
       (5) If, because of subsection (4), a relevant organisation prevents an employee from performing, or being available to perform, an applicable SSAA, the organisation must ensure that the employee does not perform, and is not available to perform, applicable SSAA for the relevant organisation inside Australian territory until:
       (a)              each applicable circumstance mentioned in subregulation 99.070(2) of CASR has occurred; and
       (b)              the relevant organisation has informed CASA, in writing, of the following:
           (i) for an employee who had a positive result for a test under subsection (3) — the action taken by the relevant organisation with respect to the employee following the test;
           (ii) for an employee who, under Subpart 99.C of CASR, had a positive result for a confirmatory drug test, or for a confirmatory alcohol test, or for both such tests — the action taken by the relevant organisation with respect to the employee following the test;
           (iii) for an employee who refused to take the test under subsection (3) or interfered with the test — the action taken by the relevant organisation with respect to the employee following the refusal or interference;
           (iv) for an employee who, with respect to a drug or alcohol test under Subpart 99.C of CASR, refused to take the test or interfered with the test — the action taken by the relevant organisation with respect to the employee following the refusal or interference; and
       (c)              for an employee mentioned in subparagraph (b)(ii) or (b)(iv) — the employee has been approved by a CASA medical review officer to perform, or be available to perform, the applicable SSAA.
       (6) If, because of subsection (4), a relevant organisation prevents an employee from performing, or being available to perform, an applicable SSAA, but before completion of all applicable requirements under subsection (5), the employee ceases to be a regular