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Civil Aviation Act 2023

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

116: Director testing

You could also call this:

"The Director can ask some workers to take a drug or alcohol test to keep people safe"

Illustration for Civil Aviation Act 2023

The Director can test some workers for drugs or alcohol. You are a worker who might be tested if you do a safety-sensitive job for a company with a DAMP. The Director tries to do the test without telling you or your company first.

The Director can test you at any reasonable time and in any situation they think is appropriate. But you have to agree to be tested. The test is done by an inspector who follows the rules.

When the inspector comes to test you, they give you a written statement. This statement explains why they can test you, how the test works, and what happens if you do not agree to be tested. It also explains what happens if you do not pass the test, and when you will be told the result.

The inspector checks who you are before the test and explains everything to you again. They ask if you agree to be tested and tell you what might happen if you do not agree or if you do not pass. The test only checks for certain drugs and alcohol, and the inspector follows the rules.

The Director tells you and your company the test result as soon as they can. You can ask for the written statement about the test at any time. If the Director does not follow some of the rules, it does not mean the test result is wrong.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7095230.

Topics:
Transport and travel > Air travelWork and jobs > Workplace safety
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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"

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117: What happens if worker refuses consent or test result is not negative, or

"What happens if a worker won't take a drug test or doesn't get a clear result"

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

116Director testing

  1. The Director may carry out drug or alcohol testing of 1 or more safety-sensitive workers of a DAMP operator.

  2. Director testing,—

  3. to the extent reasonably practicable in the circumstances, must be carried out without advance notification to the DAMP operator or to the workers selected for testing; and
    1. may be carried out at any reasonable time and in any reasonable circumstances the Director considers appropriate; and
      1. may be carried out only if the worker consents to be tested; and
        1. must be carried out by an inspector.

          1. When carrying out Director testing of a worker, an inspector must,—

          2. when first approaching the worker for the purpose of random testing, give the worker a written statement that sets out the following:
            1. the statutory power to carry out the test:
              1. a general description of how the test will be carried out, including how the bodily sample will be taken and how it will be analysed:
                1. that the worker has the right to refuse consent to testing:
                  1. an explanation of the consequences if the worker refuses consent or returns a test result other than a negative result:
                    1. that the worker will be informed of the test result (and approximately when that will happen):
                      1. any other matter prescribed by the rules; and
                      2. before testing the worker,—
                        1. take reasonable steps to establish the worker’s identity; and
                          1. explain to the worker that the worker has the right to refuse consent; and
                            1. explain to the worker the consequences if the worker refuses consent or returns a test result other than a negative result; and
                              1. ask for the worker’s consent to testing; and
                              2. carry out the test only in relation to—
                                1. alcohol and the testable drugs specified in the DAMP; and
                                  1. the permissible levels (if any) for alcohol or testable drugs specified in the DAMP; and
                                  2. carry out the test in accordance with the DAMP and any requirements prescribed by the rules.

                                    1. As soon as practicable after the Director becomes aware of the result of a test, the Director must give the test result to the worker tested and the DAMP operator.

                                    2. A written statement under subsection (3)(a) must be provided to the worker on request at any time.

                                    3. A failure by the Director to comply with subsection (2)(a) does not invalidate a test.