DRUG & ALCOHOL TESTING
regulations for a period up to 1 year after the date of that refusal; or
(2) Have his or her license, certificate, rating, qualification, or authorization issued under these regulations suspended or revoked.
(d) Any person subject to these regulations who refuses to submit to a test to indicate the presence of narcotic drugs, marijuana, or depressant or stimulant drugs or substances in the body, when requested by a law enforcement officer or the Authority, or refuses to furnish or to authorize the release of the test results requested by the Authority may: (1) Be denied any license, certificate, rating, qualification, or authorization issued under these regulations for a period up to 1 year after the date of that refusal; or
(2) Have his or her license, certificate, rating, qualification, or authorization issued under these regulations suspended or revoked.
(e) Any person subject to these regulations who is convicted for the violation of any local or national statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances, may: (1) Be denied any license, certificate, rating, qualification, or authorization issued under these regulations for a period of up to 1 year after the date of the final conviction; or
(2) Have his or her license, certificate, rating, qualifications or authorization issued under these regulations suspended or revoked.
(g) Volatile solvents
CAR 2.10.1.7 reads as follows: (a) Holders of licenses provided for in this Part shall not exercise the privileges of their licenses and related ratings while under the influence of any psychoactive substance which might render them unable to safely and properly exercise these privileges.
(b) Holders of licenses provided for in this Part shall not engage in any problematic use of substances.
(c) Holders of licenses provided for in this Part who engage in any kind of problematic use of substances shall be identified and removed from their safety-critical functions. Return to the safety-critical functions may be considered after successful treatment or, in cases where no treatment is necessary, after cessation of the problematic use of substances and upon determination that the person’s continued performance of the function is unlikely to jeopardize safety.
(d) Random tests for effects of alcohol or psychoactive substances will be conducted by the Authority.
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TYPES OF TESTING PERMITTED AND REQUIRED ICAO
Under 5.18-5.27, ICAO recommends the following testing: Pre-employment/pre-transfer (drug only) Random (psychoactive substances) Periodical (psychoactive substances) Reasonable cause/reasonable suspicion (psychoactive substances) Post accident/incident (psychoactive substances) Return-to-Duty (psychoactive substances) Follow-up (psychoactive substances) Voluntary (psychoactive substances) ICAO noted that in general, unless a zero-tolerance
standard is applied, pre-employment alcohol testing provides little additional information to help an employer judge an applicant objectively.
GCAA Under CAAP 51, 8.1.3, circumstances that require testing are: (a) pre-employment (drugs only) (b) random testing (drugs and alcohol) (c) reasonable suspension (drugs and alcohol) (d) post-accident (drugs and alcohol) (e) follow-up testing
Under CAAP 51, 9.2, the GCAA noted for all the applicants applying for renewal over 60 years, alcohol screening should be part of the psychological assessment. Under CAAP 51, 9.7, procedures for reasonable suspicion/reasonable cause testing are: If an employee is suspected of using illegal drugs and /or under the influence of Alcohol, the appropriate supervisor will gather all information, facts, and circumstances leading to and supporting this suspicion then he is required to get a higher-level approval that is consistent with their organizational structure. When higher-level concurrence of a reasonable suspicion determination has been made, the appropriate supervisor will promptly prepare a written report detailing the circumstances which formed the basis to warrant the testing. This report should include the appropriate dates and times of reported drug/or alcohol related incidents, reliable/credible sources of information, rationale leading to the test, and the action taken. Note 1: The employee may be asked to provide the urine sample under observation Note 2: the procedure of testing will follow same procedure used for random testing.
CIRCUMSTANCES FOR CONDUCTING DRUG AND ALCOHOL TESTING For a drug and alcohol program to be found acceptable, the FAA should require that testing be conducted for: (a) Pre-employment (drugs only) (b) Random testing (psychoactive substances)
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