Part 99 of CASR explanation of changes

Rule change

We’re currently making changes to Part 99 of the Civil Aviation Safety Regulations (CASR). The information provided in this section outlines what is changing, what you need to know and do, and links to any relevant guidance and reference material. 

What is changing

We have identified technical issues with the operation of Subpart 99.C of CASR. The Subpart deals with the conduct of alcohol and other drug (AOD) tests by CASA officers. 

CASA proposes to amend Subpart 99.C to correct these issues and improve the efficiency and effectiveness of the AOD testing scheme. The project aims to amend Part 99 to:

  • change the test of 'performing or being available to perform', so that it is applied before an AOD test. This means the AOD testing process doesn't interrupt someone's work duties
  • ensure that a person who returns a positive result on an initial alcohol test need to take an initial drug test, and vice versa
  • enable to take up to 2 body samples for initial drug tests. This reduces the risk of false positive results causing someone to become unavailable to perform safety sensitive aviation activities (SSAA)
  • require the signature of CASA AOD testing officers on statutory notices under CASR Part 99 rather than their initials.

These changes are in project Project SS 14/03 - Part 99 of CASR technical amendments.

There have also been various implementation issues raised that require regulatory amendments since the introduction of Part 99 in March 2009. These changes help with transparency and continued high safety standards. This includes:

  • definition of safety sensitive vs safety critical activities and or roles required by DAMPs and DAMP testing
  • definition of SSAA employee covered by DAMP
  • definition of post-accident or serious incident as this affects testing requirements
  • DAMP responsibility and coverage issues e.g. contractors
  • the Drug and Alcohol Education Program requirement - should CASA supply this program?
  • the requirement for pre-deployment testing
  • ensuring DAMP testing is meeting the relevant Australian Standard
  • should there be an industry requirement for random testing?
  • reporting requirement from organisation to CASA following a confirmed positive test
  • improving the return to work 'response program' model.

Proposed amendments aim to:

  • help increase an understanding of regulatory requirements
  • help improve the implementation of the Part to ensure compliance
  • improve cost and resourcing efficiencies
  • increase compliance while maintaining the same safety standards.
  • These changes are in Project SS13/03 - Post Implementation Review of CASR Part 99.B - Drug and alcohol management plans.

Guidance material

There is no current guidance material for Part 99 of CASR changes.

Online version available at: https://www.casa.gov.au//part-99-casr-explanation-changes
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