ESARR 5 ATM Services' Personnel(9)

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A student air traffic controller shall ensure that he/she:
a)  holds a current student air traffic controller’s licence or certificate of competence;
b)  complies with the unit competency scheme and is competent to undertake on the job training;
c)  holds a valid medical certificate of the appropriate class;
d)  informs the management of the unit if he/she is no longer medically fit to provide an air traffic control service(s);
e)  does not undertake on the job training while under the influence of psychoactive substances;.
f)  does not undertake on-the-job training, when there is any decrease in his/her medical fitness or is under the influence of any psychoactive substance, which might render the holder unable to safely and properly exercise these privileges.
5.3  Requirements for Engineering and Technical Personnel Undertaking Operational Safety Related Tasks
In addition to those requirements mentioned in section 5.1 the following requirements apply to ATM engineering and technical personnel undertaking operational safety related tasks.
NOTE:   For the purposes of these requirements :
.  
ATM engineering and technical personnel undertaking operational safety related tasks are defined in Appendix A, and hereafter referred to as “engineering and technical personnel”;

.  
Any Organisation that fall within the jurisdiction of the National ATM safety regulatory body and responsible for the provision of engineering and technical services supporting Air Traffic Management services is hereafter referred to as the “Operating Organisation”.

Under this definition, therefore the ATM service provider itself would be the Operating Organisation when providing is own technical support. If engineering and technical supporting services are not provided by the ATM service provider, the Operating Organisation would be a separate entity.
Safety Regulation Commission
Safety Regulatory Requirement - ESARR 5 ATM Services' Personnel
.  Third party individual personnel refers to personnel not employed by the Operating Organisation but undertaking duties via other assigned arrangements such as sub-contract.

5.3.1  Requirements to be Applied by the Designated Authority
The Designated Authority for the safety regulation of engineering and technical personnel shall:
a)  issue appropriate safety regulations for engineering and technical personnel who undertake operational safety related tasks;
b)  ensure adequate and appropriate safety regulatory oversight of the engineering and technical personnel assigned by any Operating Organisation to undertake operational safety related tasks;
c)  on reasonable grounds after due enquiry, take appropriate regulatory action in respect of the Operating Organisation and/or its technical and engineering personnel who do not meet the provisions of this Requirement Document;
d)  verify that, from a safety viewpoint, appropriate methods are in place to ensure that third party individuals assigned to operational safety related tasks meet the applicable provisions of this Requirement Document.

5.3.2  Requirements to be Applied by the Operating Organisation
The Operating Organisation shall:
a)  ensure that technical and engineering personnel are properly trained and qualified to perform the assigned tasks;
b)  ensure that technical and engineering personnel :
i)  have and maintain sufficient knowledge to ensure a sound understanding of the ATM service(s) they are supporting, and the actual and potential effects of their work on the safety of those service(s); and
ii)  have and maintain sufficient knowledge of the appropriate working limits to be applied when performing safety related tasks;
c)  ensure that, in relation to engineering and technical personnel, evidence exists, is documented by the Operating Organisation, and is available to the Designated Authority on request, of the adequacy of personnel arrangements, and of personnel qualifications to perform their safety related tasks,  with particular regard to:-
　
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