Legal Air News – testing time for CASA and the aviation industry
This legal air news update, brought to you by leading aviation lawyers Piper Alderman, says that included in the Aviation Legislation Amendment (2007 Measures No. 1) Bill 2007, which was passed by the Senate recently, were amendments to the Civil Aviation Act 1988 (the “Act”) permitting the Civil Aviation Safety Authority (“CASA”) to require drug and alcohol testing of persons performing safety-sensitive aviation activities.
This is based in large part on a joint report from the Department of Transport and Regional Services and CASA which stated that 269 pilots out of 1196 that responded to an Australian Transport Safety Bureau pilot survey indicated that at some point in the previous 12 months they felt that safety was compromised by drugs, alcohol or prescribed medication.
Regulation 256 of the Civil Aviation Regulations 1988 prohibits the use of drugs and alcohol by aircraft crew and air traffic controllers while on duty and 8 hours before duty, and there are provisions in Part 67 of the Civil Aviation Safety Regulations 1998 prohibiting the problematic use of substances by applicants for medical certificates.
However, there is no regulatory mechanism for monitoring such problematic use and no legislative basis for CASA to test aviation personnel.
Those covered by the new testing regime will include: flight crew, cabin crew, flight instructors, aircraft dispatchers, aircraft maintenance & repair personnel, aviation security personnel including screeners, air traffic controllers, luggage handlers, general refuellers and other personnel with airside access, including contractors.
The Bill inserts a new Part IV into the Act titled “Drug and Alcohol Management Plans and Testing” and makes administering this one of the functions of CASA.
A scheme will be adopted requiring operators to implement a drug and alcohol testing regime, and CASA will also undertake random testing.
Naturally, a great deal will depend on the details of the testing regime to be adopted, including what substances will be tested for, the way the tests will be carried out, whether the prohibition will be absolute or if there will be permittable levels of certain substances and of course the implications that will flow from a positive test. As always, the devil is in the detail.
Keep watching the skies…
A Special Legal Air News Exclusive Update brought to you by leading aviation lawyers, Piper Alderman.
http://www.piper-alderman.com.au/Aviation
Report by The Mole
John Alwyn-Jones
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