Alcohol and drug testing ensures that people under the influence of alcohol and drugs performing safety sensitive aviation activities (SSAA) are quickly identified and tested.
There are 2 types of alcohol and drug testing that can be done under the Civil Aviation Safety Regulations 1998 (CASR):
- non-notice testing, also known as CASA testing, which is conducted by CASA testers under CASR Subpart 99C
- employer testing, as part of an organisation's Drug and Alcohol Management Plan (DAMP), conducted under CASR Subpart 99B.
Who can be tested
Anyone who performs (or are available to perform) a safety sensitive aviation activity (SSAA) can be tested.
SSAA roles are those that might affect the safe conduct of aircraft operations and include:
- flight crew – including private and foreign pilots
- cabin crew
- ground handlers
- maintenance personnel
- aircraft dispatchers
- aviation security staff
- refuellers
- anyone who works in an aerodrome testing area (airside).
CASA can conduct drug and alcohol testing on anyone airside without notice, except for passengers.
Employer testing
Most aviation organisations must have a DAMP. This helps them to manage the risks of alcohol and other drugs at work and ensure they have process and policies in place.
When an employer can test
An employer with a DAMP can test their employees:
- when an employee first joins an organisation as a regular SSAA employee (unless they have tested negative in the past 90 days)
- when an existing employee is going to start a new SSAA role
- when a DAMP supervisor thinks an SSAA employee could be affected by drugs or alcohol
- when an SSAA employee is returning to work after being suspended for testing positive to a testable drug
- after an accident or serious incident.
How employers test
An employer will collect samples using:
- an accredited testing provider
- a trained and capable person under the exemption for collecting and screening specimens.
If a person tests positive to the initial test, the employer will conduct a second test to verify or check the results.
An employer will consider a test positive when a person returns 2 tests with the same positive result.
A DAMP organisation must consult a medical review officer (MRO):
- when the second drug test is positive. This is because medical treatment or some other factor may have affected the result. For example, an over-the-counter cold and flu tablet can cause a positive result for amphetamines.
- if an SSAA employee has failed to give a body sample for alcohol and drug testing due to a medical condition. An MRO must review the relevant medical information to confirm a valid medical reason. For example, a lung condition can stop a person from doing a breath test.
- before an employee returns to work after a suspension to check that they are safe to start doing SSAAs again.
Find a DAMP medical review officer
The Australasian Medical Review Officers Association keeps a list of accredited medical review officers.
DAMP organisations can choose a registered medical practitioner of their choice, as long as that person has:
- competence in the field of interpreting drug and alcohol test results
- knowledge of substance use disorders
- knowledge of the aviation regulations relating to drug and alcohol management.
Actions by the employer in the event of a positive test
When someone tests positive (through 2 tests), an operator must:
- immediately remove the person from safety sensitive duties
- notify their DAMP manager
- follow their documented procedures, which includes notifying CASA of the result.
The person must undergo a comprehensive assessment and commence a drug and alcohol intervention program under the oversight of the DAMP, if recommended in a comprehensive assessment.
The person can only resume SSAA duties after a CASA Medical Review Officer:
- liaises with the DAMP supervisor
- clears the person to resume performing SSAA duties.
CASA testing
CASA alcohol and other drug testers conduct testing of persons in aerodrome testing areas and other places where persons perform or are available to perform SSAA. This testing is planned, but unannounced.
We can’t force you to have a test. But if you refuse, or won't give a sample, you are committing a criminal offence. If you refuse a test, you must stop doing an SSAA. If you don’t, that is also a criminal offence.
What we test for
We can test for:
- alcohol
- opiates
- cannabinoids
- cocaine
- amphetamines.
Alcohol tests
We use breath testing to test for the presence of alcohol. The testing device must meet Australian Standard AS3547.
In the case of a CASA test:
- if your first alcohol breath test is positive, our tester will do another test to confirm the result
- if the second test is positive (0.02 grams of alcohol per 210 litres of breath or higher), you must stop doing SSAAs.
If the second test is positive, we will:
- issue you with a notice about the test result
- take steps to ensure you stop doing SSAAs until the test results are assessed by a CASA Medical Review Officer.
If the second test is negative, we treat the whole test as negative.
Drug tests
We test for drugs using samples of oral fluid.
Our approved tester will ask you to give a sample. You must stop doing any SSAAs and stay with the tester during the test.
If your first drug test is positive, our tester will do another test to confirm the result. If the second test is positive, we’ll take another sample and send it to an approved laboratory to confirm the result.
You must stop doing, or being available to do SSAAs until we get the result.
If you test positive to alcohol or drugs
If you test positive, even if you are not performing a commercial activity, you must not perform any SSAA until:
- you have a full assessment by an MRO
- you start taking part in an alcohol or drug intervention program (if recommended by the full assessment)
- you're considered fit to resume duties by our MRO and your treating clinician, if you have one.
Additionally, for a positive drug test result, you must have received a negative confirmatory drug test result when considered fit to resume duties by an MRO.
When a person who is employed by a person that has a DAMP, tests positive and the person is stood down from SSAA duties, the CASA AOD tester will advise:
- the organisation's DAMP supervisor
- the operator's DAME manager (for foreign commercial pilots or crew members).
The person can only resume SSAA duties after CASA's Medical Review Officer:
- liaises with the DAMP supervisor
- clears the person to resume performing SSAA duties.
Enforcement action
We will refer a refusal to submit to a CASA test, continuing to perform SSAA after a positive test but not cleared to resume SSAA, or a CASA test confirmed positive result to our coordinated enforcement process (CEP). Also, if a person employed by a DAMP does not comply with the DAMP requirements, that may also be referred to a coordinated enforcement process.
This process will consider the:
- relevant Medical Review Officer reports
- steps taken by the DAMP organisation (if there is one)
- outcome of a mandated drug or alcohol intervention program.
We will then determine whether to:
- refer the matter to the Commonwealth Director of Public Prosecutions (CDPP) with a recommendation that the person be prosecuted
- issue an aviation infringement notice
- vary, suspend or cancel the person’s civil aviation authorisation (see Subpart 99.G of CASR)
- take other steps such as action involving the person’s medical certificate.
In determining this, we will consider:
- the CDPP’s prosecution policy
- the relevant considerations set out in CASA’s Enforcement Manual.