{"id":"F2025L00226","name":"CASA EX18/25 — Pre-deployment Drug and Alcohol Testing Exemption 2025","slug":"casa-ex18-25-pre-deployment-drug-and-alcohol-testing-exemption-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106041,"registerId":"commonwealth-F2025L00226-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA EX18/25 — Pre-deployment Drug and Alcohol Testing Exemption 2025","content":"Instrument number CASA EX18/25\n\nI, daniel bernard o’hagan, Section Manager Drafting, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.\n\n\\[Signed D.B. O’Hagan\\]\n\nDanny O’Hagan  \nSection Manager Drafting\n\n26 February 2025\n\nCASA EX18/25 — Pre-deployment Drug and Alcohol Testing Exemption 2025\n\n1 Name\n\nThis instrument is CASA EX18/25 — Pre-deployment Drug and Alcohol Testing Exemption 2025.\n\n2 Duration\n\nThis instrument:\n\n(a) commences on 1 March 2025; and\n\n(b) is repealed at the end of 29 February 2028.\n\n3 Definitions\n\n> Note In this instrument, the following terms and expressions have the same meaning as they have in Part 99 of CASR: applicable SSAA, confirmatory alcohol test, confirmatory drug test, DAMP organisation, employee, initial alcohol test, initial drug test, positive result and regular SSAA employee.\n\nIn this instrument:\n\n> alcohol test means:\n\n(a) an initial alcohol test; and\n\n(b) if the result of the initial alcohol test was a positive result — a confirmatory alcohol test.\n\n> drug test means:\n\n(a) an initial drug test; and\n\n(b) if the result of the initial drug test was a positive result — a confirmatory drug test.\n\n4 Exemption\n\n(1) A DAMP organisation is exempt from compliance with paragraph 99.050(2)(a) of CASR for an employee who:\n\n(a) will be working as a regular SSAA employee; and\n\n(b) has, less than 90 days before the employee is required to begin performing or being available to perform an applicable SSAA for the DAMP organisation, taken a drug test and an alcohol test.\n\n> Note Paragraph 99.050(2)(a) of CASR would otherwise require a DAMP organisation to drug and alcohol test a person after the person had first joined the organisation as a regular SSAA employee.\n\n(2) The exemption is subject to the conditions mentioned in section 5.\n\n5 Conditions\n\n(1) The DAMP organisation must be satisfied on reasonable grounds that the drug test and the alcohol test of the employee:\n\n(a) were conducted in accordance with the requirements mentioned in paragraph 99.050(1)(a) of CASR; and\n\n(b) did not return a positive result for a confirmatory alcohol test or a confirmatory drug test.\n\n(2) The DAMP organisation must record details of the drug test and alcohol test in accordance with Subpart 99.B of CASR as if it conducted the tests for the purpose of paragraph 99.050(2)(a) of CASR.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It creates a specific, time-limited exemption (2025-2028) for pre-deployment testing without expanding into broader drug and alcohol policy areas. The scope is precisely targeted at avoiding duplicate testing for employees changing employers within a 90-day window."},"complexity_factors":["Short instrument with only 5 sections and straightforward structure","Minimal defined terms (2 explicit definitions, 8 terms incorporated by reference from Part 99 CASR)","Single exemption with two clear conditions in section 5","Heavy reliance on external references to Civil Aviation Safety Regulations (CASR) Part 99 — requires familiarity with DAMP (Drug and Alcohol Management Plan) framework to fully understand context","No nested exceptions or complex conditional logic — simple 'if X then exempt from Y' structure"],"plain_english_summary":"This instrument lets DAMP organisations skip the usual post‑hire drug and alcohol test for safety‑sensitive aviation staff if the worker already had a CASA‑standard test within 90 days that returned negative. It affects airlines and other operators with Drug and Alcohol Management Plans and their safety‑critical employees. The change avoids duplicative testing and administrative burden while keeping safety intact, provided prior tests meet standards and the new employer records the test details."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument narrows the operational scope of paragraph 99.050(2)(a) by exempting specified employees from the post‑joining testing obligation when they have been tested within 90 days before deployment and meet confirmatory and record conditions (ss4–5). The change is temporary (commences 1 March 2025; repeals 29 February 2028) and transfers decision and documentation responsibilities to the DAMP organisation, while leaving the underlying CASR testing standards intact."},"complexity_factors":["Narrow, time-limited change reduces overall regulatory complexity (limited duration and scope).","Eligibility depends on a 90‑day timing window and the employee’s status as a regular SSAA employee (operational condition in s4).","Relies on multiple external cross-references to Part 99 definitions, paragraph 99.050(2)(a) and Subpart 99.B of CASR, requiring familiarity with other provisions.","Discretionary evidentiary standard: the DAMP organisation must be “satisfied on reasonable grounds” (s5(1)(a)), creating judgment calls for employers and auditors.","Requires confirmatory negative results and specific record-keeping, creating a concrete administrative compliance burden (s5(1)(b) & s5(2))."],"plain_english_summary":"This instrument (effective 1 Mar 2025–29 Feb 2028) lets a DAMP organisation skip the CASR requirement to drug- and alcohol-test a person “after first joining” if that person was tested within 90 days before they must start as a regular SSAA employee. To use the exemption the organisation must be satisfied the tests met CASR standards, were negative on confirmatory testing, and must record the test details (ss4–5). Employers therefore decide compliance and carry the verification and record-keeping burden."}},"importantCases":[],"_links":{"self":"/api/acts/casa-ex18-25-pre-deployment-drug-and-alcohol-testing-exemption-2025","history":"/api/acts/casa-ex18-25-pre-deployment-drug-and-alcohol-testing-exemption-2025/history","analysis":"/api/acts/casa-ex18-25-pre-deployment-drug-and-alcohol-testing-exemption-2025/analysis","conflicts":"/api/acts/casa-ex18-25-pre-deployment-drug-and-alcohol-testing-exemption-2025/conflicts","importantCases":"/api/acts/casa-ex18-25-pre-deployment-drug-and-alcohol-testing-exemption-2025/important-cases","documents":"/api/acts/casa-ex18-25-pre-deployment-drug-and-alcohol-testing-exemption-2025/documents"}}