UPDATE ON FAA FOREIGN REPAIR STATION DRUG AND ALCOHOL TESTING

June 6, 2014

As we reported in the March U.S. Aviation/Regulatory Update, the FAA is seeking comments on developing a rulemaking that would require employees of FAA-certified foreign repair stations and certain other maintenance providers who perform safety-sensitive work on Part 121 U.S. aircraft to be subject to a drug and alcohol testing program. The FAA has granted an extension to file comments which are now due on July 17, 2014.

Before the FAA adopts a final regulation it is particularly interested in hearing from interested parties whether local privacy laws currently permit drug and alcohol testing programs since the FAA’s authority is limited to a program that will be consistent with local laws. The FAA is also interested in knowing the costs of implementing a drug and alcohol testing program in a foreign country and if there are already established programs in other countries that could be used as guidance for the FAA.

Please let us know if you are interested in filing comments or would like assistance with filing.

A link to the ANPRM is attached for your convenience below:

https://www.gpo.gov/fdsys/pkg/FR-2014-03-17/pdf/2014-05653.pdf

This Eckert Seamans Aviation Blog  post is intended to keep readers current on matters affecting businesses and is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr ( esahr@eckertseamans.com   202-659-6622) or Drew Derco ( dderco@eckertseamans.com   202-659-6665).

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