NEW CIVAIR DRUG/ALCOHOL TESTING STARTS SOON

UNCLAS SECTION 01 OF 02 CANBERRA 000108

SENSITIVE
SIPDIS

STATE FOR EEB/TRA, EAP/ANOP

TAGS: EAIR AS
SUBJECT: NEW CIVAIR DRUG/ALCOHOL TESTING STARTS SOON

REF: WALKLET-TIGHT/ALBRIGHT emails Jan 09


1. (SBU) Summary: The new Australian drug and alcohol random testing
programs for those involved in safety-related aviation roles legally
could begin at any time, but it expected to start in late March or
early April. The program will be administered by the Civil Aviation
Safety Authority (CASA),which will collect samples and conduct
tests. CASA expects to test 5% of aviation industry employees per
year. Foreign carriers will not be required to have a drug and
alcohol management program (DAMP),but foreign carriers' employees
working in Australia will be subject to random testing. End
summary.



2. (U) Econoff met with Brenda Cattle, Drug and Alcohol Manager at
CASA, and Carolyn Hutton, Section Head for Strategic and
International Relations, January 27 to discuss CASA's upcoming new
drug and alcohol random testing program.

TIMING
--------------


3. (SBU) Cattle said CASA already has the regulatory authority to
start the program "today". However, they are still finalizing the
program and see late March or even more probable, early April as the
beginning date for the new program.

SCOPE
--------------


4. (SBU) The program will include random testing for all employees -
crews, employees, subcontractors, etc - who work in a "safety role".
This includes people on-site and off-site (e.g., pilots doing
pre-flight checks). It applies to the entire commercial aviation
sector, from the big international carriers like Qantas to small
crop-dusting operations. It will apply to the employees of foreign
airlines operating in Australia. Cattle said the random testing
will be an audit of the industry; they plan to test 5% of the
aviation industry per year, approximately 6000 tests. CASA will
test for opiates, amphetamines, cocaine, cannabis, and alcohol.

FOREIGN CARRIERS
--------------


5. (SBU) Cattle said foreign carriers will be subject to testing.
However, they will not be required to have drug and alcohol
management programs (DAMP) in place (Australian domestic carriers
must have a DAMP in place by March 23). Instead, foreign carriers
will have to meet certain conditions, for example providing a point
of contact in case an employee tests positive, and will have to
prove that they have a suitable response to the case of an employee
testing positive. CASA has been silent in its public documents
about foreign carriers because they are working on a partial
exemption for them, i.e. to exempt them from the DAMP requirement.
CASA has sent through an industry association a draft exemption to
foreign carriers.

HOW TESTING WILL WORK
--------------



6. (SBU) No testing will be done outside of Australia, not even for
Australian carriers. CASA will employ approximately 40 testers, who
will be trained and will travel with complete testing kits. A
tester will be instructed to test a certain type of aviation
employee on a given day, for example "test one captain from each
airline, the first you see", similar to police roadside testing.
There is no mechanism to target a specific individual. The employee
will be given a legal notice about the testing, be told why they
were selected, and will have the test explained. For alcohol, they
will blow into a tube for a breath test, which will give a positive
or negative result. If positive, the employee will wait 15 minutes
and then blow again with more sophisticated equipment that's results
Qand then blow again with more sophisticated equipment that's results
are up to evidential standards. For drugs, the tester will swab for
"oral fluids" between the gum and cheek, and under the tongue.
After 5 minutes, the test will give a result. If it is positive,
the sample will be sent to a laboratory for confirmation. The lab
will turn the sample around within 24 hours. During that period,
the employee will not be permitted to do any safety-related
activities. After the confirmatory test is finished, CASA will call
the employee (employee must provide a phone number) to discuss the
results.


7. (SBU) In Australia, codeine is still legal and is used in some
over the counter medicines, especially for colds and flu. A
positive test for codeine will go to CASA's medical review officer
(MRO),who will determine whether there was a legitimate medical

CANBERRA 00000108 002 OF 002


reason for the presence of codeine, and whether there was a safety
risk.


8. (SBU) If the drug test is positive (and in the case of medically
appropriate presence of codeine, is a safety risk),the MRO will
instruct the employee to stop performing safety-related tasks; this
can include CASA revoking or changing licenses. The MRO/CASA will
require the start of an assistance and treatment program for the
employee, and will consider the criminal offense.

PENALTIES
--------------


9. (SBU) Penalties for positive results will be imposed on the
employees, not the employer. The maximum fine will be A$5500 (about
US$3500 at current exchange rates). The employer could be penalized
only if it lets somebody who has tested positive return to work in a
safety-related role without ensuring the employee has met conditions
to return to work. CASA will not require instant dismissal. The
employee may go through a treatment plan and if certified by a
qualified clinician as not posing a safety risk, could be allowed to
resume work in a safety-related role.


10. (SBU) One of the challenges, Cattle said, will be educating
airline and airport employees who have not previously been covered
by safety-related drug and alcohol testing, for example, airport
security screeners and baggage handlers. CASA will conduct an
information campaign to ensure such employees are aware of the
program and their inclusion.

CLUNE