Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:13:p41
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 13 (pt 41/76)
Character Range: 2148703–2151624

the employee—a test has not been conducted;
 (ii) if tests have been conducted under suitable test conditions—the DAMP organisation has not been notified of the test results.

99.070  Requirements relating to returning to SSAAs
 (1) For subparagraph 99.045(b)(iii), the DAMP must include the requirement that if:
 (a) the DAMP organisation has not permitted a SSAA employee to perform, or be available to perform, an applicable SSAA; and
 (b) the non‑performance is a result of a circumstance mentioned in paragraph 99.065(1)(c), (d) or (e) (a suspension event),
the organisation must only permit the employee to again begin performing or being available to perform an applicable SSAA if the circumstances set out in subregulation (2) apply.
 (2) For subregulation (1), the circumstances that must apply are as follows:
 (a) the employee has undergone a comprehensive assessment for drug or alcohol use;
 (b) if the comprehensive assessment recommended the employee commence a drug or alcohol intervention program—the employee has begun participating in a nominated drug or alcohol intervention program;
 (c) the employee is considered fit to resume performing, or being available to perform, an applicable SSAA by:
 (i) a DAMP medical review officer; and
 (ii) the employee's treating clinician, if any;
 (d) if the suspension event related to a drug test—at the time the employee was considered fit under paragraph (c), the employee receives a confirmatory drug test and records, for the test, a result that:
 (i) was not a positive result; and
 (ii) a DAMP medical review officer is satisfied indicates the absence of testable drug use.

99.075  Requirements relating to intervention programs
 (1) Subject to subregulation (2), for subparagraph 99.045(b)(iii) the DAMP must include the requirement that a DAMP organisation must permit a SSAA employee of the organisation time to attend a nominated drug or alcohol intervention program, if:
 (a) a DAMP medical review officer has advised the DAMP organisation that the employee should attend the program; and
 (b) the employee is returning to work after a period during which the employee was not permitted, under regulation 99.340 or 99.345, to perform or be available to perform an applicable SSAA because of testable drug use or alcohol use.
 (2) A reference to a SSAA employee in the requirement under subregulation (1) is a reference to a SSAA employee that the DAMP organisation intends to allow to continue to perform or be available to perform a SSAA.

Subdivision 99.B.3.4—Implementing a DAMP

99.080  Implementing a DAMP
 (1) For paragraph 99.045(d), the DAMP organisation, 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