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The FAA proposes to require certificated repair stations outside of the U.S. with employees performing safety-sensitive maintenance functions on certain air carrier aircraft to obtain and implement a drug and alcohol testing program, aligning with the agency and Department of Transportation's drug and alcohol standards.
The proposed rule would implement a statutory mandate requiring certificated Part 145 repair stations outside of the U.S. to ensure that employees performing safety-sensitive maintenance functions on Part 121 air carrier aircraft are subject to a drug and alcohol testing program. This mandate would align with the applicable laws of the country in which the repair station Is located. The FAA ruling stated that it is the responsibility of the employer to ensure that those performing safety-sensitive functions, like maintenance or preventative maintenance, are subject to testing. The FAA notes that the Part 145 repair stations within the U.S. may elect to, but are not required to, implement a testing program. There are no proposed changes to the current drug and alcohol testing requirements for employees performing safety-sensitive functions within the U.S. and the FAA is inviting comments on the ruling.
The FAA and the Office of the Secretary of Transportation have engaged in a long relationship regarding drug and alcohol testing of people within the aviation industry. The OST first published drug test procedure regulations in 1988 and the FAA published a final rule regarding regulations to implement an anti-drug program for certain sensitive entities, including certain commercial operators, domestic and supplemental air carriers, air taxi and commuter operators, commercial operators of large aircraft and air traffic control facilities not operated by the FAA or U.S. military. These primarily imposed restrictions on commercial aviation personnel, like pilots and flight attendants.
The 1988 final rule only applied to domestic U.S. operators, but it did not exclude employees located outside of U.S. territory from testing. Individuals at foreign repair stations under contract to U.S certificate holders were not permitted to perform maintenance or preventative maintenance work on U.S.-registered aircraft unless they participated in an anti-drug program, however, due to one section the rule was not applicable in any situation where compliance would violate the domestic laws or policies of another country. This section also provided an extended effectivity date to help the DOT and foreign governments reach permanent solutions to any identified conflict between the final rule and foreign law.
The effectivity date for employees located outside of the U.S. was extended several times. During these time extensions, certain rules were passed by Congress to establish a program requiring air carriers and foreign air carriers to conduct testing for specific persons. These rules also specified that the FAA should only establish requirements applicable to foreign air carriers consistent with the international obligations of the U.S., taking into account of any laws and regulations of the foreign countries. Ultimately the FAA opted to not require alcohol or drug testing of employees located outside of U.S. territory. These regulations remained static for nearly two decades, with other proposed rulemaking not coming to fruition.
After years of proposed rulings and comments, with nothing finalized, the FAA has proposed a new ruling with clarifications on the regulations for employees working outside of the U.S., directed by Congress. The FAA said it does not have sufficient data to estimate a baseline level of safety risk associated with drug and alcohol misuse at foreign repair stations. The FAA also recognized that the number of proven accidents or incidents related to drug or alcohol misuse by maintenance personnel at foreign repair stations is unknown. Without this information, the FAA is unable to determine the possible impact of the proposed rule in detecting or deterring drug use or alcohol misuse at this time. The FAA is hopeful that this rule would be a major step in aviation safety and is considering how best to deter drug and alcohol misuse for any aircraft mechanic working on Part 121 aircraft, regardless of how that person is employed.
The FAA said that this rule would be an important step in the overall safety of aviation since few countries require the testing of aviation or maintenance personnel. The rule would ensure these employees are held to the same high level of safety standards, regardless of where they are located. The repair stations would guarantee employees receive all the necessary anti-drug and alcohol training and send testing data electronically to the DOT. The rule would impact approximately 977 repair stations in 65 countries.
The proposed ruling was published in the Federal Register on Thursday. The public has 60 days to submit comments on the ruling.