ARSA RSS Feed ARSA LinkedIn
Contact Us Payment Portal

ARSA Asks FAA to Clarify Drug and Alcohol Testing Rules — Again

On January 15, ARSA requested clarification from the Federal Aviation Administration’s (FAA) Office of Chief Counsel regarding applicability of the drug and alcohol testing rules to persons performing alterations. The association’s main point was that an alteration, by itself, is not maintenance or preventive maintenance and therefore is not a safety-sensitive function under the rules.

Although at first glance that concept may appear simple, the FAA got it wrong in denying a request for exemption filed by the Association in February 2009. In that denial, the FAA considered alterations a safety-sensitive function because an alteration may be related to an overall maintenance activity.

As ARSA pointed out, that rationale – that an activity is automatically a safety-sensitive function if it in any way relates to an overall repair – is not only inconsistent with a plain reading of the rules, but is also directly at odds with the reasoning of an existing Chief Counsel opinion. The earlier FAA position made it clear that the scope of the drug and alcohol testing rules is very narrow and does not encompass non-maintenance activity merely because it relates to an overall repair.



More from ARSA

ARSA Works Maintenance Amendments into FAA Bill Markup Sessions

It’s the busiest week for aviation policy on Capitol Hill in recent memory. The House Transportation & Infrastructure Committee marked up its FAA reauthorization bill on Tuesday and the Senate…Read More

Unanimity Reigns in House Effort to Reform Technical Education

On June 22, the House of Representatives unanimously approved the “Strengthening Career and Technical Education for the 21st Century Act.” It has been popular since its introduction: ARSA and a…Read More

Public Aircraft Training Series – Package Available

ARSA’s three-part series on the regulations and guidance for public aircraft operation is ready for on-demand purchase. Purchase now and get 90 days access – unlimited viewing – to all three sessions.…Read More

On Demand: Free Export Compliance Training from Williams Mullen

On Sept. 8, 2016, Thomas B. McVey, chair of the international section at Williams Mullen and resource for ARSA members, hosted a free webinar on export controls for repair stations. The…Read More

ARSA, Allies Take Voluntary Surrender Fight to Congress

On June 18, an ARSA-led coalition of aviation interests asked Congress to direct the FAA to reinstate the right of a repair station to voluntarily surrender its certificate. In its…Read More
ARSA