news comes on the carpet controls which exclude the intake of drugs and alcohol dependence made on the category of drivers. But the question arises on reading the law: are legal? Indeed
Annex 1 of the Scheme of Understanding (under Article 8, paragraph 6, of Law June 5, 2003, No 131 on the findings of the absence of drug) session of the Joint Conference October 30, 2007, provides:
letter h in section 2: air traffic controllers and flight service specialists
the letter of item 2: Certified personnel from the aircraft register Italian
the letter of section 2: Inspection of the means of air navigation.
The misunderstanding arises from the tradition of "personal certificate from the aircraft register. The RAI was in fact no longer exists and the public corporation that had as its object the control of construction, repair, technical management of aircraft and included technical professionals: technicians, engineers, engines, etc.. but not the drivers. Therefore
careful reading of Annex allows us to exclude that the pilots should and could be subjected to urine tests for the detection of illegal drugs in a health surveillance under Article. D.lvo 41, 81/08.
It is a mistake of the legislature?
Maybe not. In fact, pilots are usually subjected to controls to exclude the intake of drugs during the patent was granted by the Institute of Legal Medicine, some of which reproduce the findings in the review, or random. Well perhaps the legislature has specifically precluded the category of drivers to avoid a duplication of controls.
If we then check the list of working in which is prohibited somminsitrazione and the intake of alcohol (Annex 1 of Measure 16 March 2006 of the State-Regions), which implements Article. 15 of Law 125/2001, and then makes it possible control the alcohol concentration on certain categories of workers, we see that, to the letter of section 8, appear the pilots of aircraft, point them to flight controllers and flight service specialists, to the letter m personnel certified by the infamous Italian aircraft register.
So in this case, the legislature intended to introduce the category of drivers and controls for Addiction excluded them because they are already subject to supervision at IML
So in light of the above observations, at present, surveillance health pursuant to art. 41, including determinations of the drug are not due to be considered and possibly illegal.
Likewise controls for alcohol dependence. In fact, until the legislation does not clarify which categories of employees shall be subject to health surveillance aimed to include the identification dell'alcoldipendenza, the only controls available are those relating to control alcohol concentration (breath or blood), expulsion of the worker in day it was found alcohol intake during work. But this can not imply unsuitability to the task, nor visits to the doctor. The only penalty provided is a pecuniary penalty applied by the physician of the ASL.
therefore also in the category of drivers is not possible to carry out health surveillance aimed at verifying the taking of drugs, to verify the conditions of alcohol dependence referred to in paragraph 4 of art. 41. This, at least until it will be continued in subsection 4-A, as the revision of the categories (and hopefully the uniformity of the categories for alcohol-drugs) by December 31, 2009. (Already more than a year late).
few months ago, however, we read that the prosecutors intervened in Turin is assuming a crime of omission of the anti-drug controls its own against the category of pilots. It remains a mystery to me, reading the current legislation, how it was possible.
Can anyone help me or give another interpretation to the rules?
The opening pic is from my site's images: www.flickr.com / photos / omnia_mutantur
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