ARSA RSS Feed ARSA LinkedIn
Ask ARSA Pay ARSA

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

Quick Question – Inventory Costs for EASA Compliance

Since the FAA withdrew its of acceptance of ARSA’s E100 form in 2022, ARSA has been engaged with American and European regulators trying to address major misunderstandings related to parts…Read More

Further Clarifying Part 145 using “Current Data” Proposal

On May 1, ARSA and three other trade associations commented on the FAA’s notice of proposed rulemaking addressing “miscellaneous maintenance-related updates.” The NPRM would remove the requirement from § 145.109…Read More

FAA Bill on Final Approach

There’s a lot of love in the FAA reauthorization bill unveiled April 29. House and Senate negotiators have worked for months to craft a compromise based on legislation passed last…Read More

FAA Expands SMS Applicability without Part 145 (for now)

On April 26, the FAA published to the Federal Register its new rule expanding Safety Management Systems (SMS) requirements to all operators of commuter and on-demand service and commercial air…Read More

Help Assess Commercialization of Anti-Corrosion Technology

ARSA has been approached by a government contractor preparing a Commercialization Readiness Assessment Report for a product developed through the Small Business Innovation Research (SBIR) Program.  The product being assessed…Read More
ARSA