CAA Safety Notice Jan 2021

January 26, 2021

Update on Regulation for Support Programmes, Psychoactive Substances and Endangering Safety:

This safety notice from the CAA applies to UK based AOCs only. It explains that the regulation for Peer Support Programmes such as MAPS, as well as Psychoactive Substances (D&A Policy) and Endangering Safety (Psychological Assessment) for flightcrew, will not require implementation by 14 Feb 21. Instead, they will be enacted as UK Aviation Law some point in the Summer.

Background

The European Union Withdrawal act (2018) has brought across all EU legislation into UK domestic law that were in force and applicable on or before 31 December 2020. Commission Implementing Regulation (EU) 2020/745 of 4 June 2020 amended the original applicable dates of Regulation (EU) 2018/1042 of 14 August 2020 by introducing a delay of 6 months to 14 February 2021, as a consequence of the COVID-19 crisis.

The result is that this applicability date for the regulation fell beyond the 31 December 2020 and has not come across as part of the Withdrawal Act. The subject regulation relates particularly to the introduction of support programmes for flight crew, psychological assessment of flight crew and policy for the prevention and detection of misuse of psychoactive substances by flight crew, cabin crew and other safety-sensitive personnel.

The UK recognises the importance of supporting flightcrew wellbeing through this regulation and this will now be addressed, at a later date to be determined, in discussion under the UK’s Rule Making Programme and amendment to the retained air regulation.

The subject Regulation relates particularly to the introduction of support programmes for flight crew, psychological assessment of flight crew and the testing for psychoactive substances of flight crew, cabin crew and other safety-sensitive personnel.

Safety Concern

The psychological well-being and mental health of flight crew, cabin crew and other safety-sensitive personnel is essential to safe air operations. The extent of the on going crisis and the impact on those employed in the aviation industry is likely to place additional psychological strain on everyone involved, with an associated increased threat to safety.

Recommendations

CAT operators are strongly recommended to continue to introduce Flight Crew Support Programmes as required by the Regulation and to maintain existing programmes despite a deferred implementation date.
CAA

Operators should also consider the continuing impact of the Covid-19 crisis on cabin crew and other safety-sensitive personnel as well as flight crew. It remains essential that senior management of operators, mental health professionals, trained peers and staff representatives work together to enable self-declaration, referral, advice, counselling and/or treatment, where necessary, in cases where there may be a potential safety issue resulting from a decrease in medical fitness.

Additionally, CAT operators are encouraged to use this delay to develop their policies on the prevention and detection of the misuse of psychoactive substances and on the psychological assessment of flight crew.