August 6, 2004
Docket Management System
Department of Transportation
Room PL-401
400 Seventh Street, NW
Washington, District of Columbia 20590-0001
Docket No. FAA-2002-11301
Following are the comments of the Drug & Alcohol Testing Industry Association (DATIA) on the Supplemental Notice of Proposed Rulemaking for the Federal Aviation Administration’s Anti-drug and Alcohol Misuse Prevention Programs for Personnel Engaged in Specified Aviation Activities. They are meant to supplement the comments DATIA submitted to the original Notice of Proposed Rulemaking on May 28, 2002.
DATIA is a 1,200-member national trade association representing the full spectrum of drug and alcohol testing service agents including laboratories, collection sites, C/TPAs, BATs, MROs, SAPs, employers, and testing device manufacturers. DATIA’s mission includes working closely with key policy makers in federal agencies and in congress to ensure that the interests of the industry are heard and taken into account when changes in drug and alcohol testing rules are proposed.
DATIA supports the administration’s clarifying language in this SNPRM to include drug and alcohol testing for subcontractors at any tier who perform safety sensitive functions. Given the comments from the aviation industry and contractors regarding ultimate responsibility for ensuring compliance, DATIA again suggests that language be added to the final rule to require documentation that a contract employee is enrolled in the contractor’s FAA-mandated drug and alcohol testing program. Similar language occurs in §382.301(c)(2) of the Federal Motor Carrier Safety Administration regulations.
DATIA understands the initial reporting burden this rulemaking would impose on air carriers, contractors, and subcontractors, and therefore supports the administration’s extension of the amount time (from 60 to 90 days) required for pre-employment testing to be completed on existing subcontractors who have not previously been tested.
On behalf of DATIA’s members and board of directors, thank you for the opportunity to comment on this important proposal. This clarification will enhance the FAA’s anti-drug and alcohol misuse programs, and assist in further ensuring safe air travel.
Please feel free to contact me should you have further questions on DATIA’s comments or seek further information.
Sincerely,
Melissa Moskal
Director of Government Affairs
