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

FAA “Committed” to Workforce Program but Needs Encouragement

On April 11, ARSA received the FAA’s response to the Feb. 5 coalition letter regarding funding for the new aviation workforce development grant programs created by Sec. 625 of last…Read More

Hotline Highlight – Going Big with a Mini Display of ARSA Pride

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

Quick Question: Ready for 2020 (Conference Planning)

In Washington, D.C., planning for 2020 is typically focused on the next presidential and congressional elections. Though ARSA’s legislative team is busy actually getting things done on Capitol Hill before…Read More

ARSA Gets More Time on New Maintenance “Profession” Guidance

On March 29, ARSA requested an extension of the April 4 comment deadline for draft Advisory Circular (AC) 65-30B, “Overview of the Aviation Maintenance Profession.” In response, the FAA provided…Read More

FAA Updates Industry on AVS Strategy and Brexit

On March 22, ARSA’s Managing Director & General Counsel Marshall Filler attended two FAA briefings of industry stakeholders hosted by the General Aviation Manufacturer’s Association. The first, from Associate Administrator…Read More
ARSA