21/09/2021
A new draft circular on drug testing of aircrew has been issued by DGCA. I have appended below. Please give your suggestions/comments for discussion with DGCA.
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GOVERNMENT OF INDIA
OFFICE OF THE DIRECTOR GENERAL OF CIVIL AVIATION
TECHNICAL CENTRE, OPP SAFDURJUNG AIRPORT, NEW DELHI
CIVIL AVIATION REQUIREMENTS
SECTION 5 - AIR SAFETY
SERIES F PART V
ISSUE I, DATED ___ EFFECTIVE:
File No.DGCA.15032 (02)/2/2020-DAS
SUBJECT: Procedure for examination of the aviation personnel for
consumption of Psychoactive Substances.
1. Introduction
1.1 The worldwide spread of use of psychoactive substances, their general
availability and the ever-increasing number of addicted users is a serious
concern to aviation safety. Their use causes behavioural, cognitive and
physiological changes. This manifests in dependence, major health related
issues and negative effect on performance.
1.2 Ministry of Social Justice and Empowerment, Government of India has carried
out a study on the extent of the prevalence of this disorder amongst general
Indian population and published a report in Feb 2019. The report reveals the
following facts:
After Alcohol, Cannabis and Opioids are the next commonly used
psychoactive substances in India. About 2.8% of the population had used
any cannabis product within the previous year.
About 0.25% (one in eleven Cannabis users) suffer from Cannabis
dependence.
About 2.1% of the country’s population use opioids which includes O***m
and its various variants, He**in (or its impure form – smack or brown sugar)
and a variety of pharmaceutical opioids.
Nationally, the most common opioid used is He**in (1.14%) followed by
pharmaceutical opioids (0.96%) and O***m (0.52%). About 0.70% of
Indians are estimated to need help for their opioid use problems.
1.3 Considering the National data, there is a potential for the use of psychoactive
substance in the society, impacting the safety in Civil Aviation. Therefore
there is a need for setting up a preventive mechanism. This Civil Aviation
Requirement lays down the procedure for the identification of the aviation
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personnel indulging in use of the psychoactive substances and action on
such aviation personnel.
1.4 Para 1.2.7.1 of ICAO Annex -1 states that “Holders of licences shall not
exercise the privileges of their licences and related ratings while under the
influence of any psychoactive substance which might render them unable to
safely and properly exercise these privileges”.
The Federal Aviation Agency, USA and European Union Aviation Safety
Agency (EASA) have also developed and published their policy for detection
of consumption of psychoactive substance by personnel engaged in safety
sensitive functions.
1.5 This CAR is issued under the provisions of Rule 24 read with Rule 133A of
the Aircraft Rules, 1937.
2. Definitions:
2.1 Appropriate Laboratory: NABL approved pathological laboratory having
technical capability and skilled manpower for collection of the samples,
maintaining its integrity, ensuring Chain of Custody of samples, preservation
and conducting requisite examination for detection of consumption of
psychoactive substance.
2.2 Drug Abuse: It is an improper use of a therapeutic or non-therapeutic drug
resulting in impulses to use that leads to significant problems and distress.
Drug Abuse arise out of a maladaptive pattern of substance abuse,
manifested by recurrent and significant adverse consequences related to the
repeated intake of the substance. Repeated Drug abuse can lead to
addiction or drug dependence.
2.3 Drug Dependence: Arises out of maladaptive pattern of substance use,
leading to a cluster of behavioural, cognitive and psychological phenomena
that develops after repeated use.
2.4 Drug Addiction: it is a chronic, relapsing disorder characterized by
compulsion to take a drug (craving), resulting in physical, psychological and
social harm and continued use despite evidence of that harm.
2.5 Drug Habituation: It is a condition resulting from repeated consumption of
a drug, in which there is a psychological or emotional dependency on the
drug.
2.6 Sample Collector: An employee of an appropriate laboratory who is skilled
for collection of the samples, maintaining its integrity, preservation and
examination for detection of consumption of psychoactive substance.
3. Applicability
Provisions of this Civil Aviation Requirements are applicable to aircraft
operators engaged in commercial operations, Maintenance & Repair
Organizations, Flying Training Organizations and Air Navigation Service
Providers.
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4. Safety Regulations:
4.1 All scheduled commercial aircraft operators and Air navigation service
provider shall carryout, random drug testing for the consumption of
psychoactive substance of flight crew members and Air traffic controllers
employed by them respectively at the facilities established by them using the
services of an appropriate laboratory. The medical personnel of the
concerned Organization shall associate during this process. This
programme shall ensure that at least 5% of the employees of an
organization, as mentioned in para 4.1 of the Civil Aviation Requirements,
are covered in a year.
The Organizations shall use a scientifically valid method such as a randomnumber
table or a computer-based random-number generator to select the
employees for testing using the unique identifying number. The Organization
must ensure that all employees have an equal chance of being tested each
time the selection is made. Specific individuals or groups must not be
targeted including certain locations.
4.2 All organizations as in para 3 are encouraged to carry out random drug
testing of their employees not covered in para 4.1 and trainee pilots in case
of FTOs.
4.3 In addition, the Organizations as mentioned in para 3, shall ensure that Flight
Crew Member, Air Traffic Control Officers, Aircraft Maintenance Engineers/
certifying staff, trainee pilots and Instructors/examiners in their employment
are tested for detection of drug abuse /habituation/Dependence /Addiction
on the following occasions:
a) Before employing a person
b) Before admitting a trainee pilot in a FTO
c) Follow-Up testing of confirmed cases.
d) At first available opportunity, in case an aviation personnel has
refused drug test to a foreign regulator during flight operation to that
country/duty in that country.
4.4 All the positive cases shall be reported by the organization to DAS, DGCA
(HQ) within 24 hours. In addition the information shall also be submitted to
DDG/JDG Air Safety and DMS (CA).
4.5 Organizations as in para 3, should encourage their employees for selfdeclaration
regarding use of psychoactive substance. Such employees shall
be subjected to rehabilitation process by the organization before return to the
active duty. Number of such cases shall be reported to DGCA on six months
basis.
4.6 Organizations as in para 3, shall educate their employees about the
prescription drugs that contain substances listed in para 5 of this CAR.
5. Drug Testing Requirements:
The following psychoactive substances shall be tested:
a. Amphetamine
b. Methamphtamine
c. Cannabis
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d. Co***ne
e. Opioids
f. Barbiturates
g. Benzodizipine
h. M**A or Ecstasy
6. Procedure for Testing of psychoactive substances(Drugs)
6.1 Testing will be done on urine samples collected from the randomly selected
employees. The urine samples shall be collected at the designated secure
facility established by the organization. Samples shall be collected only with
consent of the person required to undergo test in the proforma provided as
Appendix ‘A’ to the CAR.
6.2 The collection site must be well lit, clean, free of any areas where
adulteration or substitute can be hidden, eliminate or secure all sources of
water, detergent, soap dispensers or any potential adulterants in the area.
The facility shall be examined by the organization’s medical personnel and
sample collector, before commencement of the sample collection.
6.3 The test shall be carried out post flight/post shift or anytime during the duty
period as the case may be. It shall not be carried out while an employee is
on leave or on rest period.
6.4 Prior to collection, the sample collector shall ensure that the identity of the
employee undergoing the testing is well established and the personal
particulars form is filled up as in Appendix A.
6.5 The sample is to be collected in a clean, sterile and unused sealed
container. At least 30 ml of urine sample needs to be collected each in two
bottles labeled specimen A and B. Labels of specimen bottles shall be
signed by the employee (donor), sample collector and medical personnel
of the concerned Organization before the samples are collected.
6.6 The employee (donor) shall be provided privacy for sample collection.
6.7 Screening and confirmatory test will be done on urine samples. The
screening test shall be carried out immediately after the sample is collected
at the designated facility of the organization and report shall be generated.
Screening test on the sample shall be carried out in a room equipped with
video recording facility. The employee undergoing testing will wait in a
designated area for the report.
6.8 In case sample A is positive, then sample B with signatures of the sample
collector, employee (donor) and medical personnel of the concerned
Organization shall be forwarded to the appropriate laboratory for
Confirmatory Test.
7. Confirmatory Test:
The confirmatory test shall be carried out at appropriate laboratory. During
transportation of the sample, the integrity of the sample shall be ensured at
every step including temperature control. The laboratory shall maintain
integrity of the samples and also maintain the chain of custody of the samples.
In the laboratory sample shall be tested for all the drugs as listed in para 5 and
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the report from the laboratory shall be sent directly to the Medical In Charge
of the concerned organization and Director Air Safety, DGCA (HQ). In case
the confirmatory test is found positive, a portion of the sample B shall be
preserved in the appropriate laboratory for twelve months.
8. Action on Positive Cases
8.1 In case the screening test is positive, the employee shall be immediately
removed from the safety sensitive duty till a confirmatory report is received.
8.2 In case of positive confirmatory test for the first time, the concerned
employee shall be referred by the organization to a de-addiction center for
de-addiction/rehabilitation programme as applicable. Such an employee
shall return to active duties after again having undergone the tests for the
consumption of the psychoactive substance with a negative test report. In
addition clearance by treating Psychiatrist and the certification by the
Medical In Charge of the concerned organization shall be required.
8.3 In case a person who has returned to safety sensitive duties after having
been tested positive as in para 8.2 and is again found positive in the
confirmatory test i.e. the second occasion, license of such person shall be
suspended for period of three years and for third positive occasion, the
license shall be cancelled.
8.4 In the event, if a person refuses to undergo the examination, such a person
shall be removed from the safety sensitive duties until such a person clears
drug testing profile as listed in para 5 within a period of three days at the
organization facility. Failing which, the license of the involved person shall
be suspended for a period of one year and the involved person shall
undergo rehabilitation process before return to the active duties.
8.5 In case a person refuses for the test on second occasion or is tested positive
after first occasion of refusal for testing, the license shall be suspended for
a period of three years and any subsequent violation shall lead to the
cancellation of license.
9. Disposal of Cases involving Disagreement
DGCA shall nominate a Medical Review Officer (MRO) having detailed
knowledge of substance abuse disorders. In case of any disagreement, if
considered necessary, DGCA may refer the matter to the MRO for advice.
10. Preservation of records:
The organization shall preserve test records of psychoactive substances for a
period of one year.
(Arun Kumar)
Director General of Civil Aviation
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Appendix A
(NAME OF THE ORGANISATION)
CONSENT FOR MEDICAL EXAMINATION FOR PSYCHOACTIVE SUBSTANCE
Sl. No. …………………
SCREENING TEST
To be filled by Pilot/ATCO (in Capital Letters)
Name ………………………Job Function:…………………………..
Personnel (License No. /Approval No.) ………................................
Emp. No. …………….
Are you on any medication? If yes, please specify………………………………….
Place …………… Date …………… Time……………….
Signature of Employee………………………..
To be filled up by the Sample Collector
1. Urine test Outcome Negative/Positive
(Signature)
(Name)
2. If the Screening Test is Positive:
Ensure sample B is sealed and the label is signed
Signature
Medical Personnel of
Organization
Name and designation
Date/Time
Signature Signature and
Name of Sample Name of Person
Collector undergoing test
Date/Time Date/Time