Page 42 of the Flight Examiner's Handbook (FEH) under "Simulating Emergencies" states, inter alia: "...examiners must not initiate simulated engine failures without first considering:
. POH
. Manufactures recommendations
. Company operational procedures
. Aircraft configuration and Flight profile/performance
. any other consideration; and
. Examiners must not introduce multiple abnormalities
Furthermore, Schedule 2 of the Manual of Standards (MOS) "Competency Standards" AME "Operate multi engine aeroplane", at pages 125 & 126, does not contain a requirement to demonstrate competency in handling a double engine failure. Additionally, Item 94, MOS Ref A6.3, of the Flight Test Report Form "Commercial Pilot Licence - Aeroplane" clearly states: "Not applicable if flight test conducted in a multi engine aeroplane".
On a due and proper consideration of the above sections of the FEH, MOS and Test Form, any Flight Examiner that insists the applicant demonstrate a double engine failure - either on an initial issue multi engine class rating or CPL test, is operating outside the requirements of the MOS and thus leaving it open for the applicant to allege the test was not carried out in accordance with all relevant requirements.
In the brave new world of the "Flight Examiner" (as against the old ATO system), a failure to comply with the FEH, MOS, Flight Test Report Form or other relevant requirements leaves the examiner open to civil action for negligence or breach of contract.