In 2011, when Senate Commerce, Science &
Transportation Committee Chairman John D. Rockefeller (D-West Va.) and House Transportation & Infrastructure Committee Chairman John Mica drafted their chambers respective FAA reauthorization bills, the lawmakers included a carefully crafted compromise mandating a proposal for alcohol and controlled substance testing of safety- sensitive employees working on part 121 air carrier aircraft consistent with the applicable laws of the country in which the repair station is located. On February 14, 2012, the compromise became law and now the FAA is implementing congressionally mandated provisions. Several years later, the FAA is attempting to get its arms
around the drug and alcohol testing laws in other countries and how to comply with the ill-conceived congressional mandate. In particular, the agency is seeking answers to the following questions: • Which drugs are most misused in a particular country? If testing programs exist, are they administered by a national regulatory authority? Are industry participants required to establish such programs under the country’s laws and regulations, or does industry do that voluntarily?
• Should the program require testing for the same drugs the FAA requires tests for in the United States? At what concentrations should alcohol and drug tests be considered “positive?
• Does a particular country allow or require random drug and/or alcohol testing? If so, what is the process?
• If a country does not allow or require random drug and/or alcohol testing, are there laws that prohibit random testing? What other methods might successfully deter employees from misusing drugs or alcohol while performing safety-sensitive duties, or within a certain period of time before performing such duties? How would such misuse be detected?
• What are the standards that employees who have violated drug and alcohol regulations should meet before they are allowed to return to performing safety- sensitive maintenance work? Comments are due July 17. ARSA says the ANPRM should serve as a reminder that excessive regulation begins on Capitol Hill; by the time the aviation maintenance industry mobilized, the best that could be done was to moderate the drug and alcohol testing language. It notes that with your help, next time we’ll be prepared to stop Congress’ bad ideas while it’s still a concept, not when it’s already in legislation.
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