Civil Aviation Act 2023

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

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

You could also call this:

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

Illustration for Civil Aviation Act 2023

If you are a safety-sensitive worker and you refuse to take a random test, or if you take a test and do not get a negative result, the person in charge of your workplace, called the DAMP operator, must stop you from doing safety-sensitive jobs. They must do this until you are safe to do those jobs again. The DAMP operator must also follow a plan to deal with this situation.

If you refuse to take a test ordered by the Director, or if you take a test and do not get a negative result, the Director will tell your DAMP operator about this as soon as possible. Your DAMP operator must then tell the Director if you refuse to take a random test or if you do not get a negative result, and they must do this as soon as they can.

The DAMP operator and the Director must follow any rules that apply to these situations, and they must act quickly to make sure everyone stays safe.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7095231.


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116: Director testing, or

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


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118: Tampering, or

"Changing or cheating on a drug or alcohol test is not allowed"

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

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

  1. If a safety-sensitive worker refuses to consent to random testing or is tested and returns a result other than a negative result, or if the Director notifies the DAMP operator under subsection (2), the DAMP operator must—

  2. prohibit the worker from performing safety-sensitive activities until the worker is able to safely perform those activities; and
    1. implement the response plan.
      1. If a worker refuses to consent to Director testing or is tested and returns a result other than a negative result, the Director must notify the worker’s DAMP operator of that fact as soon as practicable.

      2. If a worker refuses to consent to random testing or is tested and returns a result other than a negative result, the DAMP operator must, in accordance with any requirements of the rules, notify the Director of that fact as soon as practicable.