FAA Drug Testing Requirements - FAR Part 145.211 (c)(1)(vi)

[dbzman]

I was unsure where to put this question so I just looked for a topic about Aerospace.

We have a customer that is asking for a consortium number for our drug testing program. They say that they are an aircraft repair station. We will be performing heat treating from them. They are requesting us to have an FAA approved drug testing program. We do not have this.

Why do we have to meet the FAA requirements?

We have a good program that we have developed but it may not be totally compliant with what the FAA requires.
He is referencing a standard called FAR Part 145.211 (c)(1)(vi) for his audit criteria.

Are we required to meet the FA requirements for a drug testing program?

Thanks!

 

[Al Rosen]

I was unsure where to put this question so I just looked for a topic about Aerospace.

We have a customer that is asking for a consortium number for our drug testing program. They say that they are an aircraft repair station. We will be performing heat treating from them. They are requesting us to have an FAA approved drug testing program. We do not have this.

Why do we have to meet the FAA requirements?

We have a good program that we have developed but it may not be totally compliant with what the FAA requires.
He is referencing a standard called FAR Part 145.211 (c)(1)(vi) for his audit criteria.

Are we required to meet the FA requirements for a drug testing program?

Thanks!

That reference is for the Quality System Requirements. The Drug & Alcohol Misuse Program is for certificated Repairmen. I don't think you need a program under the Contract maintenance section. BTW, it requires maintaining records and will co$t to join a consortium.

Sec. 145.217 Contract maintenance.

(a) A certificated repair station may contract a maintenance
function pertaining to an article to an outside source provided--
(1) The FAA approves the maintenance function to be contracted to
the outside source; and
(2) The repair station maintains and makes available to its
certificate holding district office, in a format acceptable to the FAA,
the following information:
(i) The maintenance functions contracted to each outside facility;
and
(ii) The name of each outside facility to whom the repair station
contracts maintenance functions and the type of certificate and ratings,
if any, held by each facility.
(b) A certificated repair station may contract a maintenance
function pertaining to an article to a noncertificated person provided--
(1) The noncertificated person follows a quality control system
equivalent to the system followed by the certificated repair station;
(2) The certificated repair station remains directly in charge of
the work performed by the noncertificated person; and
(3) The certificated repair station verifies, by test and/or
inspection, that the work has been performed satisfactorily by the
noncertificated person and that the article is airworthy before
approving it for return to service.
(c) A certificated repair station may not provide only approval for
return to service of a complete type-certificated product following
contract maintenance, preventive maintenance, or alterations.

 

[BadgerMan]

Here is the correct reference:

Sec. 145.211

Quality control system.

[(a) A certificated repair station must establish and maintain a quality control system acceptable to the FAA that ensures the airworthiness of the articles on which the repair station or any of its contractors performs maintenance, preventive maintenance, or alterations.
(b) Repair station personnel must follow the quality control system when performing maintenance, preventive maintenance, or alterations under the repair station certificate and operations specifications.
(c) A certificated repair station must prepare and keep current a quality control manual in a format acceptable to the FAA that includes the following:
(1) A description of the system and procedures used for--
(i) Inspecting incoming raw materials to ensure acceptable quality;
(ii) Performing preliminary inspection of all articles that are maintained;
(iii) Inspecting all articles that have been involved in an accident for hidden damage before maintenance, preventive maintenance, or alteration is performed;
(iv) Establishing and maintaining proficiency of inspection personnel;
(v) Establishing and maintaining current technical data for maintaining articles;
(vi) Qualifying and surveilling noncertificated persons who perform maintenance, prevention maintenance, or alterations for the repair station;
(vii) Performing final inspection and return to service of maintained articles;
(viii) Calibrating measuring and test equipment used in maintaining articles, including the intervals at which the equipment will be calibrated; and
(ix) Taking corrective action on deficiencies;
(2) References, where applicable, to the manufacturer's inspection standards for a particular article, including reference to any data specified by that manufacturer;
(3) A sample of the inspection and maintenance forms and instructions for completing such forms or a reference to a separate forms manual; and
(4) Procedures for revising the quality control manual required under this section and notifying the certificate holding district office of the revisions, including how often the certificate holding district office will be notified of revisions.
(d) A certificated repair station must notify its certificate holding district office of revisions to its quality control manual.]

Firstly, a D&A program is not just for certified repairmen, it is for anyone in the organization (the covered group) who can have an impact on the quality of the product or service (safety sensitive positions).

IMO, if the heat treat supplier is a non-certificated provider, then 145.217 (b) would apply. If a D&A program is considered to be part of the "quality system" of the certificated repair station (the customer in this case) then 145.217 (b) (1) would apply........maybe.

Regardless, even if it is not a requirement based on part 145, it sounds like it is a customer requirement.

 

[BadgerMan]

Here is some additional discussion on this subject:

http://elsmar.com/Forums/showthread.php?t=34940

 

[Al Rosen]

Here is the correct reference:



Firstly, a D&A program is not just for certified repairmen, it is for anyone in the organization (the covered group) who can have an impact on the quality of the product or service (safety sensitive positions).

IMO, if the heat treat supplier is a non-certificated provider, then 145.217 (b) would apply. If a D&A program is considered to be part of the "quality system" of the certificated repair station (the customer in this case) then 145.217 (b) (1) would apply........maybe.

Regardless, even if it is not a requirement based on part 145, it sounds like it is a customer requirement.

You can always take exception to this, and I would.

 

[mike all together]

Hello all! New to the forum but figured I'd touch on this since no one gave a clarified answer.

You are required to be on an FAA-approved drug and alcohol program due to the fact that anyone performing maintenance for air carriers at all tiers must be on an FAA-approved D&A program. This repair station is performing maintenance and subcontracting part of that maintenance to you, so you must be under an FAA-approved D&A program as well.

An easy solution for the repair station would be to place any of your employees that would do work for them under their D&A program.

 

[colinw]

One thing to note about the D&A program. An applicant cannot be certified by the FAA unless they are registered with the FAA. For example a 145 repair station or a 121 operator can but if your not already authorized under some part of the FAR's, the FAA cannot issue you a certificate number. The D&A number must be attached to an orgination and without an organization ID there is no place holder for the D&A number. It's a catch 22. Also look at the wording in your customers requriement. Do you need to be certified or compliant? Big difference.

 

[Al Rosen]

Does a parts manufacturer require a drug & alcohol program?

 

[colinw]

Does a parts manufacturer require a drug & alcohol program?

Nope. Most of the time it's a flow-down requirement from a customer who doesn't clearly understand the rule and just flow it down. Whomever holds the design rights and got the TC or STC approval is the one on the FAA's radar list. Bottom line is that you cannot get the FAA to authorize an D&A number if your not the one on the radar. It becomes a violation to internal FAA policy. There are a few options:

1. Take exception
2. Have the customer (certified in some way by the FAA) cover your employees.
3. Start your own and be "compliant" not certified and state that.

The company I just started working for got in a contest with the FAA about this very thing. In the end we were told that since we are not approved by the FAA for anything (yet) that the FAA cannot certify our organization on the D&A program.

This whole thing is about the customer verifying that subcontracted work is being performed adequately. This can be done from the repair shop, in this instance, by doing a receiving inspection on the products being delivered, or by being on-site to watch the work being performed. It's much easier to just do a receiving inspection and if the repair shop feels the work is acceptable they can issue an 8130-3. Dont forget though, the repair station must get approval from the FAA by way of notification of a new subcontractor BEFORE the work is done. However the repair stations Quality Manual is set up will give the guidance on that process.

Hope that helped a little.