On January 12, 2004, the FAA published new regulations, Antidrug and Alcohol Misuse Prevention Programs for Personnel Engaged in Specified Aviation Activities, amending the drug and alcohol rules for repair stations. The amendments become effective February 11, 2004.
To comply, repair stations need to contact their PMI and provide their 1) company name; 2) certificate number; 3) telephone number; 4) address where their records are kept; and 5) whether they have 50 or more safety-sensitive employees, or 49 or fewer safety-sensitive employees. The PMI will issue an amendment to the repair station’s Operations Specifications using this information and the repair station will be responsible for compliance with the rule.
However, the final rule was ambiguous as to whether repair stations were also responsible for the compliance of their contractors. As drafted, the rule appeared to make repair stations responsible for the compliance of their contractors and subcontractors, whether certificated or not. In a follow up letter to the Aeronautical Repair Station Association, the FAA confirmed that a repair station is not responsible for ensuring that its contractors and subcontractors are included in the repair stations’s prevention program. The FAA intends to publish a supplemental notice of proposed rulemaking to clarify the issue of contractor/subcontractor compliance.
