DRUG & ALCOHOL TESTING
their medical fitness has, from any cause, decreased to an extent that would have prevents the issue or renewal of their Medical Assessment.” 6.2.2 “makes it mandatory for an applicant of a license
or its renewal be free of, inter alia,” any active, latent, acute or chronic disability … such as would entail a degree of functional incapacity, which is likely to interfere with the safe operations of an aircraft or with the same performance of his/her duties.”
6.3.2.2 (Class 1 Medical Assessment for the applicants or for holders of commercial pilot licenses, airline transport pilot licenses, flight navigator and flight engineer licenses) 6.4.2.2 (Class 2 Medical Assessment for private pilot licenses and glider and free balloon pilot licenses) 6.5.2.2 (Class 3 Medical Assessment for air traffic
controller licenses) and 6.7.2.2 the applicant shall not have an “established medical history or clinical diagnosis of … alcoholism, drug dependence … such as might render the applicant unable to safely exercise the privileges of the license applied for or held ...” Annex 6, Part II, 4.12 – “the pilot-in-command shall
be responsible for ensuring that a flight: a) will not be commenced if any flight crew member is incapacitated from performing his duties by any cause such as injury, sickness, fatigue, the effects of alcohol or drugs; b) will not be continued beyond the nearest suitable aerodrome when flight crew members’ capacity to perform functions is significantly reduced by impairment of faculties from causes such as fatigue, sickness, lack of oxygen.” Annex 2. 2.5 – “No person shall pilot an aircraft, or act as a flight crew member of an aircraft, while under the influence of intoxicating liquor or any narcotic or drug, by reason of which his capacity so to act is impaired.
GCAA The GCAA defines an employee as any person who is working for hire for a public or private institution and po- tentially subject to drug testing and/or alcohol testing. Drug testing may be done on a random basis for all employees, for employees working in safety sensitive positions, in cases of reasonable suspicion, return-to-duty situations, as well as for applicants for employment (pre-employment testing). Operators must advise employees which positions are
a “Testing Designated Position”, which is defined as any individual who is working for hire/training for Company and all positions/cadets are subject to random testing for psychoactive substances use. All positions are subject to random testing no sooner than thirty days following the notice. Individuals selected for random testing shall receive an individual notice, prior to the commencement of testing, indicating that their position has been designated a Testing Designated Position. Employees have the opportunity to voluntarily admit to being a user of illegal drugs and to receive counseling or rehabilitation, “in which case
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disciplinary action is not required.” The GCAA defines safety-sensitive employees as a person who might endanger aviation safety if they perform their duties and functions improperly. This definition includes, but is not limited to, technical aircrew, cabin crew, aircraft maintenance personnel, and air traffic controllers. GCAA requires all organizations (no matter what size) to implement and administer a testing program for psychoactive substances use, which forms part of the organization’s overall health and safety policy. The program must be widely communicated and be available to all aviation personnel with education and training to all levels of the company. “Details of the policy and its implications shall be covered in induction training and include: (a) Outline who is covered by the policy– it should apply to all staff in the organization in safety sensitive and company positions;
(b) A clear definition of substance abuse and prohibited activities which also addresses the use of drugs (whether prescribed or over-the-counter) for appropriate medical purposes, if the use of such drugs in the workplace poses a risk to aviation safety, to the employee or co-workers;
(c) Consequences of a breach of the policy such as psychoactive substance use should be considered primarily a health issue. An employee in breach of the policy may be considered for rehabilitative treatment. The availability of rehabilitation opportunity is purely company choice or decision;
(d) A disciplinary system for dealing with any breaches; (e) Any staff involved in the implementation of psychoactive substance use policy is fully trained and are aware of all the issues involved; and
(f) Procedures for psychoactive substances testing” All operators with safety-sensitive employees are required
to establish an ongoing drug-free awareness Drug and Alcohol Testing Program (“Program”). GCAA’s Civil Aviation Regulations addressing the use of psychoactive substances include: 6.1.1 With respect to medical fitness, CAR Part 11, Chapter
1, paragraph 1.8.1 states: 1.8.1 License holders shall not exercise the privileges of their licenses and related ratings at any time when they are aware of any deterioration in their medical fitness which might render them unable to safely exercise these privileges. 6.1.2 Paragraph 5.3.2 states: 5.3.2 Physical and Mental Requirements An applicant for any class of Medical Assessment shall be
required to be free from: Any disturbance of consciousness without satisfactory medical explanation of cause – such as would entail a degree of functional incapacity, which is likely to interfere with the safe operations of an aircraft or with the same performance of his/her duties.
DOMmagazine
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