FAA Confirms Receiving Tasks Not Maintenance, No D&A Testing Requirement
On May 30, the FAA issued a legal interpretation clarifying that repair station employees receiving items for stock are not performing safety sensitive functions under 14 CFR part 120 and need not be included in a drug and alcohol testing pool.
The interpretation was provided in response to a Feb. 15 request from 16 different aviation industry organizations, led by ARSA and representing both trade associations and private companies. The group had asked FAA Assistant Chief Counsel Lorelei Peter to confirm that tasks associated solely with receiving functions did not meet the regulatory definition of maintenance and therefore were not safety sensitive. The group’s submission had been stimulated by learning some auditors in the agency’s Drug Abatement Division had indicated the contrary to certificate holders.
The interpretation concurred with the request’s reasoning. After citing the pertinent regulations for defining maintenance and preventive maintenance as well as outlining recordkeeping requirements under part 43, Peter’s response described the general responsibilities of individuals performing receiving tasks.
“These [receiving] tasks are not maintenance or preventative maintenance activities,” the response stated. “Therefore, employees receiving items for stock are not safety sensitive employees under part 120 and should not be included in the pool of employees subject to drug and alcohol testing.”
If you have employees in your random pool who perform only receiving functions, they should be removed immediately. No other actions (e.g., voluntary disclosures) should be necessary in light of the contrary positions previously taken by some FAA auditors.
To read the complete interpretation, click here.
To read the coalition’s request, click here.
Previous Updates on this Legal Interpretation...
2/21/17 - Aviation Groups Seek Clarification on D&A Testing for Receiving Functions
To see all of ARSA’s work related to D&A testing requirements, click here.
To access the association’s training series on D&A testing requirements, visit arsa.org/da-training.
