ARSA Asks FAA to Clarify Drug and Alcohol Testing Rules — Again
January 15, 2010
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
March 17-20, 2026
Event Information | Registration | Hotel
Arlington, Virginia and Washington, D.C. with Livestream Options for Online Participants
Experience the international aerospace maintenance community’s premier event. Join ARSA members…
Read More
The first quarter brings two opportunities to share insight and ARSA encourages members to invest time and thought into these industry surveys:
(1) ARSA’s Annual Member Survey. The association gathers intelligence…
Read More
January 27, 2026 | Categories:
Act Now,
ARSA News & Updates,
ARSA Works,
Aviation Policy,
Drug and Alcohol,
EASA,
FAA,
Legislative,
Operations,
Press Releases,
Regulatory,
Rulemaking
On Jan. 26, ARSA delivered resources and instructions to Australian holders of U.S. repair station certificates for seeking a single, nationwide waiver from the FAA’s new rule imposing drug and…
Read More
On Jan. 20, ARSA and the Aircraft Electronics Association presented the fourth of six planned webinars – a monthly series stretching into March – explaining effective integration of a safety…
Read More
On Jan. 9, ARSA and the Aircraft Electronics Association (AEA) offered resources to help improve FAA issuance of Operations Specifications paragraphs. The analysis was delivered in a letter to the…
Read More