Avionics News February 2014 - 17

FREQUENTLY ASKED QUESTIONS
United States
Drug and Alcohol Testing
The following information is from Title 14 of the Code of Federal
Regulations Part 120.

QUESTION:

Is my repair station required to have an anti-drug and antialcohol program?

ANSWER:

In 2009, the Federal Aviation Administration amended the
drug and alcohol regulations by moving them from Parts 121
and 135 and placing them in a new Part 120. The FAA did not
make any substantive changes to the drug and alcohol regulations at that time.
So if your customer conducts operations under Part 121
or 135 or § 91.147, then employees and contractors performing safety-sensitive work are required to participate in an
approved drug and alcohol testing program in accordance
with Part 120. This requirement applies to all full-time, parttime, temporary and intermittent employees, regardless of the
degree of supervision.

CANADA

News & Regulatory Updates
Canadian Aviation Regulation Advisory Council Plenary Session Introduces
the New Regulatory Review and Consultation Process
Transport Canada Civil Aviation played host to the
plenary session of the Canadian Aviation Regulation
Advisory Council on Oct. 25, 2013, introducing the new
process to be used by TCCA and CARAC when developing and introducing new regulations and standards. This

§ 120.105 Employees who must be tested.
Each employee, including any assistant, helper
or individual in a training status, who performs
a safety-sensitive function listed in this section
directly or by contract (including by subcontract
at any tier) for an employer as defined in this subpart must be subject to drug testing under a drug
testing program implemented in accordance with
this subpart.
The safety-sensitive functions are:
(a) Flight crewmember duties.
(b) Flight attendant duties.
(c) Flight instruction duties.
(d) Aircraft dispatcher duties.
(e) Aircraft maintenance and preventive
maintenance duties.
(f) Ground security coordinator duties.
(g) Aviation screening duties.
(h) Air traffic control duties.

Note: The AEA offers "Frequently Asked Questions" to foster greater
understanding of the aviation regulations and the rules governing the
industry. The AEA strives to ensure FAQs are as accurate as possible at
the time of publication; however, rules change. Therefore information
received from an AEA FAQ should be verified before being relied upon.
This information is not meant to serve as legal advice. If you have particular legal questions, they should be directed to an attorney. The AEA
disclaims any warranty for the accuracy of the information provided.

introduction of the new process will allow for a restart
of regulatory consultations, which have been on hold for
several years in some cases.
TCCA recognized the issues with the CARAC process
and started a modernization process in November 2011.
Several issues were seen, including: the need to allow for
Web-based consultations; the need for an expedited process to review TSB recommendation; the need for a more
responsive process to account for government and industry issues; and the increasing backlog in NPAs. A team of
TCCA personnel, along with key industry stakeholders,
reviewed the CARAC process and the NPA backlog and
made recommendations to TCCA management.
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Avionics News February 2014

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