If an air carrier hires an outsource maintenance provider to do maintenance on an aircraft or its components, and that provider contracts out parts of the maintenance, does the third level contractor have to be covered under a drug and alcohol program?
Yes. The Federal Aviation Administration (FAA) drug and alcohol testing regulation, 14 CFR part 120, requires an air carrier to ensure that any individual who performs safety-sensitive duties (e.g., maintenance or preventive maintenance) directly or by contract, including subcontract at any tier, is subject to testing under its FAA-mandated drug and alcohol testing program. It is the air carrier’s and its contractor’s responsibility to ensure that any maintenance contracted out is done by an individual covered by an FAA-mandated Drug and Alcohol Program.
Employers who need more information about the definition of maintenance or preventive maintenance should review our Safety-Sensitive Job Categories Alert or consult directly with their FAA Principal Maintenance Inspector or local Flight Standards District Office. The Flight Standards Service is the expert in clarifying maintenance or preventive maintenance duties. Please visit the FAA's website to find the Flight Standards District Office closest to you.
If you have any further questions or need additional guidance that is more specific to your situation, please contact the FAA Drug Abatement Division at (202) 267-8442 or drugabatement@faa.gov.
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