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Old 27th Feb 2014, 21:46
  #498 (permalink)  
Up-into-the-air
 
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DAMP process - casa's wrong method - legal implications

Well another project, because the reg was wrong:

Project SS 14/03 - CASR Part 99 technical amendments

Issue

Part IV of the Civil Aviation Act 1988 (the Act) empowers the making of regulations for the conduct of alcohol and other drug (AOD) tests on persons 'performing or available to perform' a prescribed 'safety-sensitive aviation activity' (SSAA). Part 99 of the Civil Aviation Safety Regulations 1998 (CASR) details the requirements for the conduct of AOD tests contemplated in Part IV of the Act.

CASA has identified several technical issues with the operation of Subpart 99.C of the CASR, which deals with the conduct of AOD tests by CASA officers. CASA proposes to amend Subpart 99.C to correct these issues and to improve the efficiency and effectiveness of the AOD testing scheme.
I think that this has happened because casa had the wrong protocol for where a person was tested, the work environment and the ultimate legality that results.

There is an ambiguity in the legislation that makes it desirable to confirm that a person who has started the testing process is considered to be 'performing or available to perform' an SSAA for the purpose of completing the test.
You must ask the question:

"What are these people on????" and with the amount of money paid

How on earth can this type of thing happen.

skull, your 24th February rant to the Honourable Senators was wrong [wrong, wrong, wrong]

We do need new regs, just not yours, as this shows, you can't get them right at all.

In with the US-FAR's


TICK, TOCK indeed gobbles
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