Changes to the Drug Program Requirements for Part 135 Operators
The FAA has recently made a few changes which affect every person and company covered by the drug and alcohol regulations. Please read the following, and take the appropriate action.
1. The most important change has to do with pre-employment testing.
In the past, a pre-employment test had to be done, and result received,
before an individual could perform safety-sensitive functions, as described
in 14 CFR 121, Appendix I. In other words, you could hire someone, train
them, send them in for the pre-employment drug test, get the result,
and put them to work. Now, you cannot HIRE anyone until you have sent
them for the pre-employment drug test and RECEIVED THE TEST RESULT.
Only then are you allowed to start their employment and put them on
the payroll. Additionally,
if more than 180 days passes from the time of testing to the date of
hire (or to the date of transfer from a non-covered to a covered position),
another pre-employment test must be administered.
2. In the past, you could employ someone, and not have to pre-employment
test them or carry them on your program, if they were otherwise on some
other company's FAA-Approved drug program. Now, EVERY employee, regardless
if they are on another program, must be treated as your own employee.
They must be pre-employment tested prior to hire, and carried on your
program. The only exception to this is if that employee is working for
you by virtue of your having contracted WITH HIS
COMPANY (which has an approved program) to perform services for your
company.
3. In the past, you only had to do ONE pre-employment test on any individual, and that individual could leave your employ and return any number of times without having a new pre-employment drug test, as long as you added him to your program (random-drawing roster). Now, if an employee leaves your employ, and you re-hire him later, you must pre-employment test him again, just as if he were a new first-time employee. There are some exceptions having to do with sick-leave or other leaves-of-absence.
4. You no longer have to notify EVERY APPLICANT of the need to do a pre-employment test; you only need to notify him prior to being tested.
5. The next big change involves the certifications that the FAA Medical Division in Washington, DC have issued. The FAA Medical Division will no longer accept the 3-page "Certification Statements," nor will they validate them with an individual "plan number" for each company (or person acting as a company) as they have always done, nor will they be valid to provide to another company to show you are on an approved program. All existing certification statements and "plan numbers" have been invalidated -- they are no good any more. In place of the certifications, EVERY COMPANY (OR INDIVIDUAL ACTING AS HIS OWN COMPANY) MUST DO ONE OF THE FOLLOWING:
a. If you are a 121, 135, or 145 Certificate holder: CONTACT YOUR FSDO
PRINCIPAL OPERATIONS INSPECTOR to obtain an "Antidrug and Alcohol
Misuse Prevention Program Operations Specification" on your "Ops
Specs." Part 135 Operators will have this on page A049 of their
Ops Specs. This has been an ongoing process already, and most 135 operators
already have
this done, but you should contact your POI to make sure you are in compliance
on this. IT IS REQUIRED TO BE DONE BY February 11. If any changes in
your information occurs, you must notify your FSDO.
b. All other operators -- Contractors (maintenance shops, Sightseeing
Operators, etc.) : You MUST SEND IN A REGISTRATION FORM to the FAA Medical
Division in Washington by March 12. If you don't do this, YOU
WILL BE OUT OF COMPLIANCE, even though you have had a validated "Certification
Statement." Remember, all Certification Statements have been invalidated
-- it is as if you never existed. You can get a form by downloading
it from the FAA web site. Go to www.faa.gov/avr/aam/adap/index.cfm,
OR go to www.faa.gov/avr, click
on "AAM Office of Aviation Medicine," click on "Aviation
Industry Anti-Drug and Alcohol Misuse Prevention Programs," scroll
down to the first "ALERT," (it would be a good idea to read
the other ALERT items, too) and click on "Sample etc. Registration
Format etc." If you would like us to fax or mail you a form, CALL
US AT 1-800-424-2144 or e-mail us at pacsdrug@ kc.rr.com. Also, we will
fill out the form for you if you want (we are considered your "Service
Agent"), but you will have to sign it and send it in, or fax it
back to us and we'll send it in for you (we cannot sign these forms
for you). You will have to keep in mind, also, that if you make any
changes in the future, such as address, company name, phone numbers,
etc., you will need to submit a "Registration Amendment" (the
same form, with the new information). Again, we will do the changes
for you if you want us to.
6. Finally: If you are the program manager to whom the random-drawing letters (and other communications) are addressed, AND you are also on the random drawing roster as a covered employee, when you receive mail from us you should do one of two things:
1) be prepared to proceed immediately to the testing site should your name appear as one of the random drawings; or
2) don't open any mail from us unless and until you are prepared to proceed immediately to the testing site for your random test. You may also arrange with another person who is not subject to random testing to open your mail, and if your name is picked, have them not tell you (if your name is on it) until it looks like you are able to proceed immediately to the testing site.
