"Can Breath Analyzer Test Be Conducted In Open Area To Avoid Spread Of Covid 19 For Safety Of Pilots, Cabin Crew?": Delhi High Court Asks DGMS (Air)

The Delhi High Court on Wednesday asked the Director General Medical Services (Air) to submit a report as to whether the breath analyzer test can be conducted in an open area with mobile electrical connectivity so that the spread of covid 19 through suspended aerosols in confined rooms can be avoided for safety of pilots, ATCs and cabin crew of airlines.

A single judge bench comprising of Justice Pratibha M Singh also asked the DGMS whether such cabin crew, pilots and ATCs should first be subjected to a rapid antigen test before undergoing the breath analyzer test.

The development came while the Court was considering a clutch of petitions relating to the Breath Analyzer Test which the ATCs and commercial pilots need to undergo before joining their duty at the airports.

The High Court had vide order dated 27th April 2021 sought a report from the Medical Committee formed by DGMS (Air) on the issues so raised.

The said report stated that a complete suspension of breath analyzer test is not advisable owing to the health and safety of passengers and also cabin crew, pilots and ATCs. Moreover, it was stated that as a deterrent measure, it was proposed that proposed that random testing may be conducted and the number of tests per day may be decided by DGCA depending on operational requirements both domestic as well as international, and considering the best international practices followed worldwide.

During the course of hearing, Advocate Anjana Gosain appearing for DGCA apprised the Court that the said Committee was not of the opinion to conduct the blood alcohol test and that there were adequate precautions being taken to clean equipment through UV radiation after every breath analyser test.

It was also stated that the percentage of testing has been reduced considerably and the DGCA is also conscious of the well-being of its staff members, as also the passengers who board the airlines.

However, Advocate Piyush Sanghi appearing for ATCs raised an apprehension before the Court that the breath analyzer test is conducted in an enclosed space and that the air blown into the equipment is released out in open from the other end.

In view of the aforesaid submissions, the Court asked the DGMS (Air) to consider the following issues in compliance of its previous order:

i) Whether the BAT can be conducted in an open area with mobile electrical connectivity so that the spread of Covid-19 through the suspended particles/aerosols in a confined room can be avoided for the safety of the cabin crew, ATCs and pilots?

ii) Whether the DGMS (Air) approves the percentages mentioned in the order dated 27th April, 2021 or should the same be random for all categories of employees – i.e., ATCs, pilots and cabin crew?

iii) Whether the cabin crew, ATCs and other personnel who have to undergo the BAT could be first subjected to a rapid antigen test and thereafter be made to undergo the BAT?

iv) Whether the percentages need to be changed and if so, to what extent

While putting the matter for further hearing on 11th May, the Court asked the DGMS (Air) to submit a report by 10th May on the aforesaid aspect.

"In the meantime, the percentage of testing and other directions as contained in the order dated 27th April, 2021 shall be adhered to by the airlines. It is again emphasised that all staff of the Airlines, including ATCs, cabin crew and the pilots, would be bound to give the undertakings and the declarations, in respect of having not consumed alcohol in terms of the applicable regulations, failing which, they could be re-rostered and strict action would be liable to be taken against them." the Court observed at the outset.

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