Canada: Random alcohol and drug testing for pilots under consideration at new aviation summit

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June 5, 2017

Transport Canada is developing a new policy to take action against pilots caught working under the influence after two high-profile incidents last year where pilots accused of being intoxicated were intercepted at airports, according to a briefing note obtained by CBC News.

 

Transport Canada is holding an aviation safety summit this week, for the first time, which will focus on helping pilots with mental health issues and substance abuse disorders.

 

Tuesday’s Fit to Fly workshop in Gatineau, Que., is aimed at figuring out if tougher safety rules are needed and if pilots should face random alcohol and drug testing.

 

In the first incident, Scottish authorities intercepted two Canadian-licensed Air Transat pilots on July 18, 2016, in Glasgow before a flight to Toronto and gave them breathalyzer and blood tests.

 

They were charged with exceeding the legal blood-alcohol limit in Scotland.

 

Six months later, on New Year’s Eve, Sunwing pilot Miroslav Gronych was so drunk when he stumbled onto his airplane in Calgary that his pin was upside down and he appeared to pass out in the captain’s chair.

 

The foreign national from Slovakia, who was in Canada on a work visa, pleaded guilty to a charge of impaired while in control of an aircraft in March.

 

Transport Minister Marc Garneau sent letters to all Canadian airlines saying he was “very concerned” about that incident.

 

CBC News recently obtained a briefing note prepared for Garneau about the two incidents, which said Transport Canada is considering changing its rules. Garneau’s office said the minister was not available for an interview until the workshop starts on June 6.

 

Summit invited pilots, health experts

 

“[Transport Canada]is developing a policy for the minister’s consideration for timely action against pilots caught working under the influence, while at the same time supporting the wellness programs that airlines have in place for those with alcohol or drug abuse issues,” reads the document, dated Jan. 12, 2017, which was obtained under the Access to Information Act.

 

Pilots, unions and health experts from across the country and abroad are now descending on the National Capital Region for the two-day event to figure out what else can be done to improve safety, “including whether any regulatory changes should be considered,” Transport Canada confirmed.

 

In Canada, it’s against the law for pilots to fly within eight hours of having an alcoholic drink or being under the influence.

 

Transport Canada said it takes violations of those rules seriously. It can revoke licences and issue fines of up to $5,000 for a pilot and up to $25,000 for a corporation, according to the briefing note.

 

Currently no mandatory testing

 

No regulator in Canada has mandated random drug and alcohol testing yet, as privacy laws have made such a step challenging. A 2013 Supreme Court of Canada decision ruled that random testing of employees is only allowed if there’s reason to believe a worker is impaired on duty or if he or she was directly involved in a workplace accident.

 

In May, the Toronto Transit Commission started testing up to eight workers a day, including bus and subway drivers a decision that was later upheld by a judge, despite attempts by their union to block the policy.

 

So far, three employees have tested positive, none of whom were operators.

 

Canadian regulator may start random testing for first time

 

The Canadian Nuclear Safety Commission (CNSC) could also soon pave the way for regulators to mandate random drug and alcohol testing.

 

The commission is proposing that a very small number of workers with high-risk jobs at nuclear plants be tested.

 

‘We want to be proactive.’ -AndrBouchard, director with CNSC