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CFR Title 14: Aeronautics and Space PART 120—DRUG AND ALCOHOL TESTING PROGRAM

#1
Hello all,

In CFR Title 14: Aeronautics and Space PART 120—DRUG AND ALCOHOL TESTING PROGRAM, §120.105 Employees who must be tested it lists DOT FAA employees that must be tested for a 'Safety Sensitive Function'.

I work for a 145 Repair Station and just got a finding for hiring an individual without receiving negative test results that will not be performing any airframe maintenance. The way I read it, even though pre-hire tested and part of our drug pool, he is not subject to the below list. We received negative test results the very next day after hire and he was in orientation that first day and will be in an administrative assistant type function.

He worked previously for another 145 and I have 180 days once we get him a Repairman's Certificate to move him into an inspectors role without additional UA testing per the CFR.

What is everyone's consensus or take on the finding?

I think they are overreaching myself.

Comments please and thank you in advance.

re.
"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. This includes full-time, part-time, temporary, and intermittent employees regardless of the degree of supervision. 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.
(i) Operations control specialist duties."
 
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Steve Prevette

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#2
I have dealt with drug and alcohol testing in a different industry, and certainly deal with CFR's and findings.

Who did you received the finding from?
What exactly is the administrative assistant function? Could an error in that task cause a safety issue?
You do in one paragraph state the employee is to do "administrative assistant function" but later you say "once we get him a Repairman's Certificate " This seems to indicate to me you hired him with the intention of having him do work that falls in the list.

Okay, only one day difference, but close only counts in horseshoes and hand grenades (and nuclear weapons). A CFR is the law. That is at least my opinion, which you have asked for opinions.
 

Randy

Super Moderator
#3
Plain as the nose on your face, I don't seen anything that says "except for......." And please don't come back with "you don't understand", I've had an A&P in my pocket over 30 years and I've enforced laws.

Yep the inspector may have "over-reached" but then again what did the inspector do incorrectly and at what point are inspectors to allow for deviation?
 
#4
Thank you both for responding.

Any Audit is a snapshot in time. Regardless of our intention to move him into an Inspector position should have nothing to do with his roll now. That is the overreach I was referring to.

What if we chose to not use him as an Inspector and he settles in as a Facilities Maintenance Coordinator? Will he still be obligated to undergo UAs for a Safety Sensitive Function if he is calling the local plumber to come plunge a toilet?

Who did you received the finding from?
What exactly is the administrative assistant function? Could an error in that task cause a safety issue?
It was the Drug & Alcohol Abatement division of the FAA Steve. Our employee has done research, copied folders once that research is complete to an active job folder where it is reviewed by myself and other admins, taken photos and uploaded them to our server, printed and stapled travelers and delivered paperwork to the floor.

Doubtful if any of these things would cause a Product Safety or Safety of Flight issue.

I too have been involved in all types of audits and auditing...OHSA, FAA, EASA, DCMA, OEM Prime Contractor, OEM Process Approval, NADCAP, ISO, AS9100, and AS9110 and I have shut down audits just as quickly as the auditor can shut down an audit if I feel that they are auditing to something outside of Regulatory and or outside of the Standard to which our processes are written.

If he was hanging parts, cutting and riveting something back together, or doing inspections for RTS in an apprentice, assistant, helper, or in trainee status in any of these functions "who performs a safety-sensitive function listed in this section directly", he would fall under the guidelines of §120.105, but there again, it would have to be in the time period of his hire date and when the audit was conducted, and not 6 months or 2 years from now. This is where the line should be drawn if the Regulation is not specific. JMHO.
 
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