BAT for aviation to continue as per DGCA guidelines, says Delhi High Court

Delhi High Court For a time, its precondition was made mandatory that only six such staff members could take the test in one hour.

Judge Pratibha M Singh adopted the order in consideration of the increase in air traffic and the decrease in the incidence of cases and amended an earlier order on the matter following a request for review by the DGCA.

The court, however, rejected the DGCA’s request to authorize the conduct of BAT tests according to the pre-COVID protocol, that is, without a doctor and other paramedical personnel before taking on the assignment. To do the rapid antigen test (RAT) for -19. Test area for the administration of BAT.

Subsequently, the court granted the DGAC the freedom to move the change request to a later stage.

The court, however, temporarily overturned its previous decision to test only six staff members in one hour, given the increase in air traffic and the decrease in the incidence of COVID-19.

The court at the time of issuing the order refused to grant the request to perform BAT according to the pre-Covid-19 protocol, i.e. medical staff perform BAT on others in the test area without performing their own rapid test of the antigen (RAT). permit.

The court said: “Doctors and paramedics / nursing staff should be tested on the rapid antigen test, before testing on other staff, as the risk would be high if such tests are not performed and the doctor or nurse turns into Covid “. -19 to be positive.

The court further stated: “This is because it is possible that these people could be asymptomatic and unconscious if they have contracted the virus.”

Therefore, at this stage, in accordance with the ordinance of May 11, 2021, said test will remain mandatory, the court said.

“However, in light of the comments made today on the guidelines issued in Article 13, paragraph 5, of the ordinance of 11 May 2021, given the increase in air, only six staff members will be tested in a ‘ Now. Reduction of traffic and the incidence of COVID-19, as well as, in order to ensure optimal use of resources and reduce delays, this has been removed for the time being. The May 11, 2021 order was amended accordingly, “the court said in its September 8 order.

The court authorized the DGCA to subsequently request any other changes.

“It is clarified that the directives issued by the DGCA from time to time will continue to apply. BAT operations for ATC personnel, commercial pilots, cabin crew and other personnel will also continue based on guidelines issued by the DGCA in light of the COVID-19 pandemic situation, “the court said.

These instructions were sent at the request of the DGAC asking for some changes to the previous decree.

The High Court had previously issued provisions in May 2021 to make it mandatory for medical personnel to have RATs before conducting BAT for aviation employees along with other indications.

* With agency contributions

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