The 2023 Act strengthens the management of drug and alcohol-related risks in the commercial aviation sector. It introduces drug and alcohol management plans (DAMPs) for certain organisations and allows the Director of Civil Aviation to conduct drug and alcohol testing.
Giving effect to the Act requires a new Rule Part (Part 99). The draft rules were online for public consultation from 26 March 2024 to 10 May 2024.
You can still view the draft Notice for Proposed Rule Making (NPRM) and accompanying draft Advisory Circular. The draft AC explains the rules in Part 99 for drug and alcohol management plans (DAMPs) and testing, including who is a DAMP operator, and provides a draft template for operators to use.
The submissions are currently being reviewed. They will be summarised and published on the CAA website, along with CAA’s response, before Rule Part 99, as part of the process of finalising the rules.
The Civil Aviation Act 2023 sets up a consistent system for testing drug and alcohol use in the aviation sector. This includes:
New rules are required to give effect to the Act and these are now available for comment. Rules and guidance are required to:
There are NZQA standards for collecting urine and oral fluid samples and for screening these samples to check for drugs. Additionally, AS/NZ Standards cover various processes like collecting, handling, transporting (if further laboratory testing is needed), laboratory testing itself, disposal, and safety measures.
The CAA has also created guidance which explains:
Random testing is testing of a safety-sensitive worker in a way that's not predictable or discriminatory. It's done without giving any advance notice. An organisation (the DAMP operator), or their agent, would conduct the random testing.
Safety-sensitive activity is an activity carried out by a person that could seriously impact the health or safety of anyone on an aircraft. Guidance will help clarify the Act definition. For example, activities like being a pilot, would fall under this definition.
The specific drugs to be tested for, permitted levels, and how the testing is done will be outlined by the DAMP operators in their DAMPs. The DAMPs also need to include a response plan which covers what will happen if a worker tests non-negative, refuses to be tested, or tampering is suspected (for example, sending them home, doing follow-up testing, and deciding when it's safe for them to return to work).
Our aim at the CAA is to create processes that reduce the administrative workload (and costs) for both the aviation industry and us. Here's how we are doing it:
The Act allows the Director of Civil Aviation to carry out unannounced drug and alcohol testing (Director testing).
Director testing will be an important element in maintaining oversight of the DAMP system. It will not commence until operator drug and alcohol plans are in place – after 5 April 2027.
When the CAA conducts Director testing, it will follow the same scope and standards outlined in the operator's DAMP.
Where there is a non-negative test result, refusal to test or suspected tampering, the responsibility would then shift to the operator who would follow the response plan they had outlined in their DAMP.
The Act has a built-in transition period for the development of DAMPs from 5 April 2025 to 4 April 2027.
During the transition period:
The Act’s drug and alcohol provisions will be in place from 5 April 2027. This will include:
Now that the draft rules and associated guidance in an Advisory Circular are undergoing review after public consultation, the CAA’s next steps are: