ARSA RSS Feed ARSA LinkedIn
Contact Us Online 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

Conference 2019 – Knowledge

Registration is officially open for ARSA’s 2019 Annual Conference. Make sure you’ve got the dates in your calendar (and that they are correct): March 12-15, 2019 in Arlington, Virginia and…Read More

ARSA Joins Effort to Limit Shutdown Impacts

Even as Congress worked to finalize an agreement to prevent another shutdown and fund the federal government through the end of September, lawmakers were considering ways to insulate the aviation…Read More

Hotline Highlight: Serving Through Surveys

The hotline – ARSA’s premier member newsletter – contains news, editorial content, analysis and resources for the aviation maintenance community. All members should ensure they receive their edition the first week of…Read More

Aviation Industry Urges Full Funding for New Workforce Programs

More than three dozen organizations representing a cross section of the aviation industry are urging the Trump administration to make aerospace workforce development a priority in the president’s 2020 budget.…Read More

Quick Question: “The Opening Salvo”

Each year during the symposium portion of ARSA’s Annual Conference, Managing Director & General Counsel Marshall S. Filler and Executive Director Sarah MacLeod moderate an “opening salvo” session on maintenance and…Read More
ARSA