Pardon me for treading on Hallowed Ground
I read this thread with some interest, and I hope that my observations as a railway man do not find disfavour.
I am intrigued that the relevant Act does not require a duty of "Due Dilligence" by employers to ensure compliance with the Act.
Within the Railway industry we are required to demonstrate that we have adequte "Due Dilligence" procedures, which include
* Pre-Employment screening,
* Transfer to Safety Critical Work screening,
* "For Cause" screening,
* Post Incident screening
Under Health and Safety At Work legislation there is a clear duty upon both the Employer (Section 2) and the employee (Section 7) in respect of any act or ommission that affects the health, safety and welfare of any person. This would also clearly apply to the aviation Industry I would have said.
Maybe there is a need to codify (if not legislate) procedures that should apply if a person is suspected as being under the influence of alcohol or drugs?. That way there is then a very clear set of standard procedures that apply to all, and do not require the attendance of a Police Officer.
That should prevent a situation such as the one discussed here arising?