{"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and Alcohol Testing Exemption 2025.\n\n2 Duration\n\nThis instrument:\n\n(a) commences on 1 March 2025; and\n\n(b) is repealed at the end of 29 February 2028.\n\n3 Definitions\n\n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":{"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":"**What this does:**\nThis instrument gives airlines and aviation companies (called \"DAMP organisations\") a limited exemption from the usual drug and alcohol testing rules. Normally, when someone starts working in a safety-sensitive aviation job (like a pilot or aircraft engineer), their employer must test them for drugs and alcohol *after* they join. This exemption lets employers skip that post-hire test **if** the person was already tested within the last 90 days before starting and passed.\n\n**Who it affects:**\n- **DAMP organisations** — aviation companies that have a Drug and Alcohol Management Plan (these are airlines, charter operators, and other aviation businesses with safety-sensitive roles)\n- **Regular SSAA employees** — people working in \"safety-sensitive aviation activities\" (jobs where being impaired could endanger aircraft operations, such as flying planes, maintaining aircraft, or air traffic control)\n\n**Why it matters:**\nThis prevents unnecessary double-testing. If someone was tested by a previous employer or during recruitment in the last 90 days, they don't need to be tested again immediately upon starting a new job. This reduces administrative burden while maintaining safety standards, provided the previous tests were properly conducted and came back negative.\n\n**Key conditions:**\n- The previous tests must have been taken less than 90 days before starting the new role\n- The tests must meet CASA's standards (same as if the new employer had done them)\n- The results must be negative (no positive results on confirmatory tests)\n- The new employer must record the test details in their records as if they had conducted the tests themselves"},"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"}},"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"}}