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Civil Aviation Amendment Act 2023

Aviation Workforce – No Place For Drugs or Alcohol

Ensuring the safety of aviation operations is paramount, and a critical component of this is the regular drug and alcohol testing of all personnel involved in aviation activities. This includes pilots, crew members, ground staff, baggage handlers, and other workers within the aviation sector in New Zealand. Implementing stringent testing protocols helps prevent impairment-related incidents, safeguarding both staff and passengers.

Historic Incidents of Impairment

The dangers of substance impairment in aviation have been tragically highlighted by past incidents. In 2012, a scenic hot air balloon flight from Carterton collided with a high-voltage power line while attempting to land, causing it to catch fire, disintegrate and crash just north of the town, killing all eleven people on board. Investigations revealed that substance use was a contributing factor to this tragedy.

In August 2002, a 27-year-old pilot of a plane which crashed on Hamilton Island and killed all six people on board, including a New Zealand family, had alcohol and drugs in his system. The Australian Transport Safety Bureau (ATSB) said the pilot, of Brisbane, had cannabis in his system, had consumed alcohol and slept for less than seven hours the night before the flight.

In 2005, the pilot of a light plane that crashed near Taupo, killing all three people on board, had consumed cannabis hours before the accident, the Transport Accident Investigation Commission found. It said the pilot’s mental function and flying performance may have been impaired as a result of prior cannabis use but this could not be proved.

Earlier this year, Samoa Airways revealed that 10 percent of the tested staff returned positive results for illegal and prescriptive substances, as well as alcohol. The airline said three staff members who tested positive for illicit drugs were stood down pending a board decision. Samoa Airways introduced its drug and alcohol testing policy for all staff in October 2024.

All these incidents underscore the possibly severe consequences of drug or alcohol impairment in aviation settings.

The Civil Aviation Act 2023 and DAMP Implementation

Recognising the critical need to address substance impairment, the New Zealand Government introduced the Civil Aviation Act 2023. The Civil Aviation Act 2023 comes into effect on 5 April 2025. The new Act updates provisions, and includes new functions, necessary to keep pace with a rapidly changing aviation environment.

The Act requires some aviation sector participants to produce drug and alcohol management plans (DAMPs) which introduce random drug testing for safety sensitive workers.

Those participants have until 5 April 2027 to develop DAMPs and have them approved by the CAA. The Authority has set timeframes for submitting DAMPS for approval, to ensure they can approve DAMPs by then.

This legislation mandates the development and implementation of Drug and Alcohol Management Plans (DAMPs) by aviation operators.

Key provisions of the Act include:

  • Identifies Safety-Sensitive Activities: The workers that are subject to the random testing set out in DAMP are those individuals in a role where they perform any of the safety-sensitive activities :directly affecting conduct of an aircraft during flight ;responsibility for, affecting, preparing an aircraft for flight and those who design signoff of safety important componentry for use on an aircraft.
  • Mandatory Random Testing: All aviation operators are required to establish comprehensive DAMPs that outline procedures for managing random drug and alcohol risks among safety-sensitive workers by specifying: the drugs being tested as per AS/NZS 4308:2023 (Urine) or AS/NZS 4760:2019 (Saliva), permissible levels of alcohol and procedures for testing
  • Director Testing: The Director of Civil Aviation is empowered to carry out unannounced testing to ensure compliance and maintain oversight of the DAMP system. This measure will commence after operators have their plans in place, starting from 5 April 2027.

Operational Changes for Compliance

To align with the new DAMP regime, aviation organisations need to undertake several operational adjustments:

  1. Policy Development: Organisations must develop detailed drug and alcohol policies that define prohibited behaviours, outline testing procedures, and specify consequences for policy violations. Resources such as the sample policy provided by the Civil Aviation Authority can serve as a reference.
  2. Training and Education: It’s imperative to educate all employees about the risks associated with drug and alcohol use, the specifics of the organization’s DAMP, and their responsibilities under this plan.
  3. Testing Infrastructure: Establishing the necessary infrastructure for conducting drug tests is crucial. This includes securing testing equipment and ensuring the availability of trained personnel to administer tests.
  4. Record-Keeping Systems: Organisations must implement robust systems to document all testing activities, results, and any subsequent actions taken. This ensures transparency and facilitates regulatory compliance.
  5. Support Mechanisms: Providing access to support services, such as counselling and rehabilitation programmes, is essential for employees who may struggle with substance use issues.

How to decide which method to adopt – Urine vs. Saliva Drug Testing

When implementing drug testing protocols, it’s essential to understand the differences between urine and saliva testing methods:

  • Urine Testing: This method detects the presence of drugs that have been metabolized and excreted by the body. It has a longer detection window, making it effective for identifying general lifestyle drug use. However, urine testing can be invasive, can be adulterated and requires specific toilet facilities for sample collection.
  • Saliva Testing: Saliva tests detect the presence of drugs in oral fluids, indicating more recent use. The detection window is shorter compared to urine tests, but saliva testing is less invasive and can be administered more easily in various settings.
  • The choice between these methods depends on the specific needs of the testing programme, considering factors like the substances being tested for and the desired detection period.
  • By proactively implementing these measures, aviation organisations in New Zealand can enhance safety, comply with legislative requirements, and foster a culture of responsibility and well-being within the industry.
  • Our workplaces reflect the society we live in. Drugs and alcohol pose real risks—risks that must be managed through effective policies, robust testing programmes, and a firm commitment to safety. Under HSWA, PCBUs have a duty to identify and mitigate these risks, ensuring both workers and the public are protected.
  • Since 2012, Advance Diagnostics has been working diligently to keep people safe – in the air, on land, and at sea. We proudly provide policy advice and development, staff training and we supply world-leading testing kits and equipment, helping organisations meet and exceed their health and safety obligations. If your organisation needs a policy review or a more effective approach to drug and alcohol management, now is the time to act.

For LE5 Breathalyser click to find more or call one of the friendly staff on 0800 283 783 or email info@advancediagnostics.co.nz