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1.3 The Committee initially notes that several current regulations (Civil Aviation Regulations – CARs) made pursuant to the Civil Aviation Act 1988 require pilots to be in a suitable state of health for flying an aircraft and therefore acknowledges the regulatory link between crew health and air safety. The following Civil Aviation Regulations on crew health are considered relevant:
. CAR 2 (major defect)
…. as in relation to an aircraft, means a defect of such a kind that it may effect the safety of the aircraft or cause the aircraft to become a danger to person or property.
. CAR 48.0 (Flight time limitations).
1.4: Notwithstanding anything contained in these orders, a flight crew member shall not fly, and an operator shall not require that person to fly if either the flight crew members is suffering from, or considering the circumstances of the particular flight to be undertaken, is likely to suffer from fatigue or illness which may affect judgement or performance to the extent that safety may be impaired;
. Civil Aviation Advisory Publication (CAAP) 51-1 (O) advises
(c) smoke, toxic or noxious fumes inside the aircraft is considered a major defect.1
1.4 With regard to any relationship between cabin air quality on the BAe 146 and air safety, the Committee is also aware of the following Federal Aviation Regulations which are incorporated into Australian CAR’s governing cabin air quality.
Federal Aviation Regulations (FARs)
.  FAR 23.831 (Ventilation and heating)
(a)
 Under normal operating conditions and in the event of any probable failure conditions of any system which would adversely affect the ventilation air, the ventilation system must be designed to provide a sufficient amount of uncontaminated air to enable the crew members to perform their duties without undue discomfort or fatigue and to provide reasonable passenger comfort.

(b)
 Crew and passenger compartment air must be free from harmful or hazardous concentrations of gases or vapours.

(c)
 There must be provisions made to ensure that the conditions prescribed in paragraph (b) of this section are met after reasonably probable failures or malfunctioning of the ventilating, heating, pressurisation or other systems and equipment.2

1.5 The Committee also observes that the link between pilot health and air safety is explicitly acknowledged by the Civil Aviation Safety Authority (CASA), in a newsletter dated November/December 1999 and titled ‘Fit to Fly’ which counsels pilots on the impact that minor health problems can have on their capacity to fly.3
Health and Safety Issues
1.6 In addition to crew health, and aircraft airworthiness, the issue of fume contaminants should also be considered a safety issue with regard to the ability of cabin crew to properly supervise the evacuation of an aircraft and the ability of passengers to take part in an evacuation.
　
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