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