FAA ISSUES NPRM REQUIRING DRUG TESTING FOR FOREIGN AVIATION-REPAIR STATIONS

January 12, 2024

The Federal Aviation Administration (“FAA”) issued a notice of proposed rulemaking that would require aviation-repair stations in foreign countries to conduct drug and alcohol testing for employees.  The proposed rule covers all employees performing safety-sensitive maintenance functions for U.S. airlines, impacting some 977 repair stations in over 65 countries.  The FAA aims to level the economic playing field between mechanics in the United States who must comply with drug and alcohol testing and those foreign aviation-repair stations that do not incur the costs associated with maintaining a testing program.  To comply with foreign privacy and employment laws which conflict with U.S. drug and alcohol testing requirements, the proposed rule permits aviation-repair stations operating in countries where mandatory testing is against the law to apply for an exemption. 

The FAA is currently accepting comments on the NPRM until February 5, 2024. Comments can be made in the relevant docket, available here.

If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202-659-6665 or dderco@eckertseamans.com; Jay Julien at 202.659.6648 or jjulien@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.

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Authors

Evelyn D. Sahr Photo Washington, D.C.

Evelyn D. Sahr

Member - Washington, D.C.

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Drew M. Derco Photo Washington, D.C.

Drew M. Derco

Member - Washington, D.C.

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Jay Julien Photo Washington, D.C.

Jay Julien

Associate - Washington, D.C.

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