DRUG & ALCOHOL TESTING
determine the aviation personnel actively participated in the program and demonstrated successful compliance. The SAP must confirm the aviation personnel complied. The SAP will then give the employer the schedule for follow-up treatment and testing. The Company will receive the SAP’s initial evaluation and follow-up evaluation.
FOLLOW-UP TESTING Follow-up testing should be allowed and mandated in the interest of the safety of the company, individual, co-workers and the public. Follow-up testing should be determined by the SAP.
PROGRAM MANAGERS Drug and Alcohol Testing Programs that are mandated by Part 120 and CAAP 51 are inspected and regulated by the FAA and GCAA respectively. EASA (and all authorities it governs), TCAA, CAA Philippines and CAA Germany allow voluntary programs based on ICAO recommendations and standards. Annual self-regulation should be required at the minimum.
CONSEQUENCES OF VIOLATING DRUG AND ALCOHOL TESTING PROGRAMS
In Chapter 4 of ICAO’s manual, recommended consequences of violating drug and alcohol testing programs include: • Immediate termination of employment • Temporary removal pending evaluation • Disciplinary action • Treatment and rehabilitation • Conditional or unrestricted return-to-duty
Consequences of violating the CAAP 51 include: • Any aviation personnel who refuses to submit to a required psychoactive substance test or who receives a verified positive, adulterated or substituted test result must be immediately removed from safety-sensitive functions.
• Any aviation personnel who receives a verified positive drug test or refuses to submit to drug testing will be removed from safety-sensitive functions and reported to the GCAA.
• Any aviation personnel who receives an alcohol test result over .02 will be immediately removed from a safety-sensitive function.
• Any aviation personnel who receives a verified positive alcohol test prior to, performing or ready to perform company functions/training or refuses to submit to testing may be terminated/dispelled and safety-sensitive employees will be reported to the GCAA.
Under CAAP 51, the GCAA may revoke licenses for a violation. Under the Authority’s CAR 2.10.1, holders of licenses 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
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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.
REPORTING TO LAW ENFORCEMENT Employers and the GCAA and Authority may report individuals testing positive for psychoactive substances to law enforcement.
REASONS SAFETY-SENSITIVE PERSONNEL SHOULD BE SUBJECTED TO PSYCHOACTIVE SUBSTANCES TESTING
Safety of aviation operations should always be the first priority of all aviation personnel and the cornerstone of all aviation operations. The aviation industry is one of the most highly regulated industries in the world because of the potentially catastrophic consequences of unsafe operations and it puts the public at risk. Testing programs should focus on the effect of safety by
problematic use of psychoactive substances and not on the legality, morality or religious concerns of using such substances. Use of psychoactive substances by individuals as it affects the entire aviation industry and the public. Individuals use of psychoactive substances, whether on or off duty can affect and detract from an aviation personnel’s performance, efficiency, safety and health, seriously impairing an aviation personnel’s judgment. In addition, the use or possession of psychoactive substances or over-the-counter medications on or off duty constitutes a potential danger to the welfare and safety of the individual, other aviation personnel and the public and exposes the companies to the risks of injury to aviation personnel or other persons and property loss or damage and liability.
TYPE OF TESTING REQUIRED ICAO recommended and GCAA mandated: Pre-employment Random Reasonable cause/reasonable suspicion Post accident/incident Return-to-Duty Follow-up Voluntary
TESTING ALLOWED ICAO recommends testing as listed above. The GCAA al- lows testing of all aviation employees and is not limited to safety-sensitive employees for all psychoactive substances by blood, breath, follicle, saliva and urine. Company Authority also allows the same unless excluded by a union or collec- tive bargaining agreement.
DOMmagazine
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