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Civil Aviation Act 2023

Aviation documents, medical certification, and drug and alcohol testing - Drug and alcohol management plans and testing

114: DAMP operator must develop DAMP

You could also call this:

"Drugs and alcohol: operators must create a plan to keep workers safe."

Illustration for Civil Aviation Act 2023

If you are a DAMP operator, you must have a DAMP to manage risks from drug or alcohol use by workers when they do safety-sensitive jobs. You must make sure your DAMP applies to all safety-sensitive activities and includes random testing of workers. Your DAMP must also include a response plan and be developed according to any rules that apply.

You need to specify which drugs to test for in your DAMP, including any drugs that the rules say you must test for. You can also choose to test for other drugs that could affect a worker's ability to do their job safely. Your DAMP must be developed with input from the workers who will be affected by it.

You must keep records of things done under your DAMP, and follow the rules for approving, renewing, and amending your DAMP. The rules will also tell you how to treat your DAMP as part of other documents you hold as an operator. You must follow these rules to make sure your DAMP is valid and effective.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7095227.

Topics:
Transport and travel > Air travelWork and jobs > Workplace safety
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113: Interpretation, or

"What special words mean in the Civil Aviation Act 2023"

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115: Random testing by DAMP operator, or

"Workers in important safety jobs may be randomly tested for drugs and alcohol with their consent"

Part 4Aviation documents, medical certification, and drug and alcohol testing
Drug and alcohol management plans and testing

114DAMP operator must develop DAMP

  1. A DAMP operator must have a DAMP for the purpose of managing risks arising from drug or alcohol use by safety-sensitive workers of the DAMP operator when performing safety-sensitive activities in relation to the operator’s operation.

  2. The DAMP operator must ensure that a DAMP—

  3. applies to all safety-sensitive activities; and
    1. provides for random testing of safety-sensitive workers, including by—
      1. specifying the drugs to be tested for under the DAMP; and
        1. setting out procedures and other matters (including any permissible levels of alcohol or a testable drug) in relation to the testing; and
        2. includes a response plan; and
          1. is developed in accordance with any requirements under the rules for developing the DAMP (including consultation with affected workers).

            1. For the purpose of subsection (2)(b)(i), the DAMP operator—

            2. must specify any drug that is specified by the rules as required to be included as a testable drug in the DAMP; and
              1. may specify any other drug that could impair a safety-sensitive worker’s performance of a safety-sensitive activity.

                1. The following must be done as prescribed under the rules:

                2. the keeping of records in relation to matters done under, or relevant to, the DAMP:
                  1. approval and renewal of the DAMP:
                    1. amendment of the DAMP:
                      1. treatment of the DAMP as forming part of any other document held by the operator.