Wally,
I think you would be alright after a birdstrike in the middle of nowhere:
(3) Suitable test conditions means conditions that exist after an accident or
serious incident if:
(a) testing can be conducted within:
(i) for drug testing — 32 hours after the accident or incident occurred;
and
(ii) for alcohol testing — 8 hours after the accident or incident
occurred; and
(b) it is practicable to conduct a test.
The thing I find strangest about these regs is that being above the limits for each of these drugs, in itself, is not an 'offence' under part 99.
Instead, they have simply added that:
99.415 When CASA may vary, suspend or cancel a civil aviation
authorisation
(1) CASA may, in writing, vary, suspend or cancel a person’s civil aviation
authorisation in the interests of aviation safety in the following circumstances:
(a) if:
(i) the person gives a body sample for drug or alcohol testing under
Subpart 99.C; and
(ii) a confirmatory alcohol test or confirmatory drug test is conducted
on the sample; and
(iii) the test result is a positive result;
So, (irresponsibly) one can have a big night, not drink within the 8 hours before duty (so as not to break the CAR), blow .04, and not have actually broken any single rule, as long as they comply with the procedures under CASR99 regarding the testing.
They have not broken any rule, yet CASA
may suspend their licence if they so choose..... hmm...
Another employee may be (responsibly) taking medication that happens to contain codeine. Once again, there is no rule anywhere that actually classifies this as an offense. But, yet again, CASA
suspend their licence, if they decide they want to.
Seems way too grey to me.
I know its getting to be a long post, but one more point.
The mailouts all mentioned being available as an instructor as one of the SSAAs, however, CASR99 makes no mention whatsoever of instruction in its list of activities to which the rule applies. (Providing the instructor is not airside, in which case it falls under the umbrella of being in a testing area.)
You only need to comply with requests for testing if the person doing the testing is complying with the regulations, so I believe this may well be grounds to tell them to
off!