[COVID-19] Alcohol testing can't be fully exempted: Delhi High Court allows random breath analyser test of airplane pilots, cabin crew, ATCs

Testing aircraft pilots, cabin crew and air traffic controllers for alcohol cannot be completely exempted as it could be detrimental to passenger safety, the Delhi High Court recently held (ATC Guild (India) vs UOI )..It, therefore, allowed the Director General of Civil Aviation (DGCA) to conduct random Breath Analyser test on Air Traffic Controllers, pilots, cabin crews and other personnel.At the same time, all the personnel would be compulsorily bound to give an undertaking and a declaration that they have not been exposed to alcohol consumption twelve hours prior to duty, the Court ordered. ."The staff of airlines, including ATCs, pilots and cabin crew, would be bound to give undertakings and declarations. in respect of not having consumed alcohol, in terms of the applicable regulations, failing which strict action would be taken including off-rostering and suspension, in accordance with the applicable rules," the Court clarified. .The Court further stated that not more than 5 percent of pilots and cabin crew can be tested, subject to revision by the end of 3 months, and that the doctors and nurses administering the test would take a Rapid Antigen Test to ensure, as far as possible, that they do not have COVID-19..Further, in terms of the Court's directions, the Breath Analyser test at all airports would, to the extent feasible, be conducted in a big and open area having CCTV coverage. .The Court also directed that not more than six personnel shall be tested within the duration of one hour and the testing equipment shall be subjected to UVCA radiation for the purposes of sanitisation. .The order was passed by a single-judge Bench of Justice Prathiba M Singh while disposing of petitions filed by Air Traffic Controllers Guild and Indian Commercial Pilots Association. .The petitions raised concerns with respect to COVID-19 infection through the Breath Analyzer Test which Air Traffic Controllers and commercial pilots have to undergo prior to joining duty at the airports..Responses from the DGCA and a report from the Medical Committee formed by the DGMS (Air) were sought by the Court on the issues which were raised in the petitions. .The Court recorded that it was clear from the reports of the DGMS (Air) that heavy testing through the Breath Analyser method in the present circumstance was not recommended. .Since the possibility of blood alcohol test was rejected by the Medical Committee, the Court opined that it would not like to substitute its judgement over the same. ."There is however no doubt that testing for alcohol cannot be completely exempted in as much as the same could be detrimental to passenger safety. While maintaining a balance between the interest of the personnel as also passengers, directions would have to be issued," the Court observed as it proceeded to issue the directions mentioned above. .The Court further directed the DGCA to issue a comprehensive guideline/order urgently on all the requirements and the protocols to be followed for administration of Breath Analyser Test, in one document..Advocates Adit S Pujari and Tusharika Mattoo appeared for the Pilots Association. Advocates Khushbhu Sahu, Piyush Sanghi appeared for ATCs Guild. DGCA was represented by Advocate Anjana Gosain with Advocate Shalini Nair. .[Read Order]