Join ARSA Ask ARSA Pay ARSA

FAA Releases New Drug and Alcohol Testing Rule

The FAA has issued a final rule “clarifying” its drug and alcohol testing policies. Despite strong industry opposition to the changes affected by the new rule, the FAA is now requiring that “each employee…who performs a safety-sensitive function…directly or by contract (including by subcontract at any tier)” for a Part 121 air carrier must be subject to drug and alcohol testing. [emphasis added]

Since the FAA issued the initial Notice of Proposed Rulemaking back in February 2002, ARSA has been at the forefront of the fight against this significant and ill-advised change to the drug and alcohol testing regulations. Largely in response to criticisms of the NPRM by ARSA and others, the FAA issued a supplemental NPRM in 2004. Again, ARSA issued comments criticizing the proposed changes to the regulations, this time in conjunction with 12 other industry members.

In the preamble to the final rule, the FAA acknowledged the unpopularity of the changes, noting that “25 commenters opposed the proposal, with many of them citing the comments filed by ARSA.” Unfortunately, the FAA chose largely to ignore the very real concerns of ARSA and other commenters, insisting that this final rule is nothing more than a clarification of the existing regulations.

ARSA successfully delayed implementation of this potentially damaging rule for several years, and will continue to fight for drug and alcohol testing regulations that make sense.

Click here to download a .pdf copy of the new rule.

Click here to read more about ARSA’s involvement on the issue of drug and alcohol testing.

Click here to see a list of documents on the subject, including past comments and ARSA’s position paper on testing.



More from ARSA

Review FAA’s Methods, Techniques, and Practices

The FAA has engaged industry to help review AC 43.13-1B Acceptable Methods, Techniques, and Practices—Aircraft Inspection and Repair that is applicable to aircraft inspection and repair. The AC primarily supports…Read More

FAA/EASA MAG Change 10 Released

On June 20, ARSA learned of the publication of change 10 to the Maintenance Annex Guidance between the FAA and EASA, which is issued under bilateral agreement between the United…Read More

Drafting Regulatory Purpose into Order 8130.21

On June 17, ARSA and the Aircraft Electronics Association (AEA) jointly submitted a rewrite of the FAA’s Draft Order 8130.21J, “Completion of FAA Form 8130-3 under 14 CFR part 21.”…Read More

ARSA Leads D&A Action at EASA-FAA Conference

ARSA Executive Vice President Christian Klein joined global aviation regulators and industry leaders in Cologne the week of June 9 for the annual EASA-FAA Safety Conference. Klein attended to present…Read More

Correct STC Oversight Problems

STC holders should take advantage of summertime opportunities to highlight FAA oversight issues to government auditors. Congress’ May 2024 reauthorization of the FAA, required the Department of Transportation’s Office of Inspector…Read More
ARSA