On April 1, 2010, ARSA requested (again) clarification of the FAA drug and alcohol testing rules. This time, ARSA seeks to resolve uncertainty surrounding permanent disqualification from service and the implications of a “shy bladder” refusal to test for individuals in a follow-up testing program.
In plain terms, an employee with two verified positive drug tests is permanently barred from performing safety-sensitive duties for any employer (14 CFR § 120.111(e)(1)); essentially, two strikes and you’re out. Before allowing a covered employee to return to safety-sensitive work after testing positive for drugs (first strike), an employer must comply with follow-up testing requirements (14 CFR § 120.109). If, during the follow-up tests, the employee cannot provide an adequate sample for testing – referred to as a "shy bladder" – it is considered a refusal to test if the condition is not the result of a medical condition (49 CFR §§ 40.193(d)(2) and 40.191(a)(5)). Although the terms “refusal to submit to drug test” and “verified positive drug test result” are separately defined (14 CFR § 120.7), questions have arisen when the “refusal” occurs during the course of follow-up testing; that a refusal in this context is the second strike.
Compounding the issue, questions crop up as to the handling of the individual if such a refusal is not a second strike. If that person holds an FAA certificate under parts 61, 63 or 65, the drug and alcohol rules provide specific consequences for a refusal to test (14 CFR §§ 120.11, 120.13 and 120.15). However, for safety-sensitive employees not certificated by the FAA, an employer is instructed to direct the individual to the follow-up testing program; seemingly, such persons could repeatedly “refuse to test” and simply re-start the follow-up program after each occurrence.
ARSA will provide updates as they occur.
Aviation chief sees signs of recovery
The Wichita Eagle Share
The aviation industry is recovering from the downturn, National Air Transportation Association president Jim Coyne told attendees at a recent Wichita Aero Club luncheon. Fuel sales, used aircraft prices, flight hours and business with fractional ownership companies have risen during the first quarter of 2010, he said. More
Coatings market makes the most of new technologies for nanoscale materials
New technologies for nanoscale materials are offering new properties and uses to many coatings products. Materials Science has progressed so far with nanoscale materials that thin films of such products are routinely found in food packaging, the outside of drinks containers and increasingly on the outer surface of buildings and cars. One of the biggest markets for such materials, which will have its trading exchange up and running next year, is coatings. (Subscription required)
Wanted: More on-wing wizardry
Aviation Week Share
Engine maintenance has come a long way, with repairs developed in the workshop evolving into tasks that can be undertaken on-wing at a customer’s base. With the cost of an engine overhaul topping $2 million and on-wing repair and part replacement services costing between 1 percent and 10 percent of that, demand for more repairs to be made available on-wing has never been greater. More
American Airlines moving 200 positions from Oklahoma to Texas
USA TODAY Share
American Airlines is transferring 200 Tulsa, Okla., based maintenance operations coordinators to Texas over two years. Airlines officials recenlty said the company is consolidating employees of the Maintenance Operations Center, which oversees aircraft maintenance at line or overnight maintenance stations, with the Systems Operations Center in Fort Worth, Texas.
The future is electric for general aviation
Making general aviation more environmentally friendly has in the past had an alternate fuels focus, but as batteries improve, all-electric aircraft are emerging in Europe.
NTSB: Poor maintenance started accident chain that resulted in high-speed runway excursion that killed four in 2008
Aircraft Maintenance Technology Share
A chartered business jet crashed at a South Carolina airport 18 months ago because of the operator’s inadequate maintenance of the airplane’s tires and the decision by the captain to attempt a high-speed rejected takeoff, which went against standard operating procedures and training, the NTSB recently determined. More
Solid Worldwide Airline growth trends continue in April, with the exception of North America, reports OAG
PR Newswire Share
Global airline capacity and frequency will grow in all regions of the world except North America in April 2010, which sees declining capacity and frequency within the region, when compared to the same month last year, reports OAG, the global leader in aviation intelligence, in its monthly report on trends in the supply of airline seats and flights. More
FAA Safety Briefing, March/April 2010
John M. Allen, Director of Flight Standards Service, comments in FAA Safety Briefing, "Juliet in Shakespeare's "Romeo and Juliet" didn't think a name made much difference when she asked, "What's in a name?" In love, a name may matter little, but as aviation saftey proponents we feel strongly that a safety publication should strontly signal its contents. While this publication has traveled for many years as FAA Aviation News, we realize the moniker "aviation news" can cover a lot of territory. Starting with this issue, we are clearly broadcasting our intent and changing the name to FAA Safety Briefing to accurately reflect the publication's mission: safety." More
2010 ATA e-Business Forum
ATA e-Business Program Share
Don't miss the 2010 ATA e-Business Forum to be held May 17-19, 2010 in Seattle, Washington. This event will provide a high level overview of the latest developments in information exchange for the commercial aviation industry to support engineering, maintenance, materiel and flight operations.
• Learn about the industry's most widely accepted e-business specifications for data exchange (iSpec 2200, Spec 42, Spec 2300, Spec 2000 and S1000D)
• Learn how the industry has attributed significant savings and operational efficiencies to the use of these global specifications.
• Learn about new developments for the electronic exchange of:
o Aircraft Parts Provisioning, Procurement, Repair and Warranty Data
o Part Certification Forms (FAA Form 8130-3, EASA Form 1, TCCA 24-0078)
o Technical Data (IPC, AMM, CMM, Wiring Diagrams, etc.)
o Flight Operations Data
o Aircraft Reliability Data
o Industry Metrics Data
o Part Marking/Traceability Data (Bar Codes and RFID)
o e-Logbook Data
o And more...
• Learn about new generation aircraft digital information security standards and policies.
• Gain access to the industry's leading aviation e-business experts that can help guide you through the many options and solutions for digital data exchange.
• Visit the exhibit hall and review the industry's latest software and hardware solutions.
Airlines, manufacturers, distributors, repair agencies, suppliers, solution providers and government agencies are all welcome!
To learn more or to register, click here. More
Support ARSA's Positive Publicity Campaign
Help ARSA with its public relations initiative to improve the legal, regulatory, and business climate for contract aviation maintenance companies!
Phase One, Step Two to quantify the economic impact of the aviation maintenance industry, nationally and internationally is currently underway, but we need your assistance!
ARSA has contracted with AeroStrategy, an aerospace consulting firm, to:
• Develop an economic profile of the global MRO industry;
• Assess the economic impact of US-EU Bilateral Aviation Safety Agreement (which is threatened by
• the hostile language in the pending FAA reauthorization bill); and
• Determine the industry’s economic footprint on a state-by-state basis
The results of the research will be incorporated into messages and materials used during Phase Two of the campaign. For more details, click here.
Pledge your support here.
Final Documents/Your Two Cents
ARSA now keeps a list of Final Documents and Your Two Cents on its Web site http://www.arsa.org/FDYTC. By accessing the links you will find a complete list of items the Association has noted as important to aviation design, production and maintenance activities.
Final Documents: This list includes Federal Register publications such as proposed and final rules, Advisory Circulars, Orders, Notices, policy statements and related material of interest to ARSA members. The date shown is the date of FR publication or other official release.
Your Two Cents: Provides you with the opportunity to provide input on rules and guidance that will affect you. Agencies must provide the public with notice and an opportunity for comment before their rules change. Your input matters. Comments should be received before the indicated due date; however, agencies often consider comments they receive before drafting of the final document begins. More