March 10, 2023

FLIGHTLINE BRIEFS

ANNUAL MIS REPORTS - MARCH 15, 2023 DEADLINE - HAVE YOU FILED YOUR REPORT?

MIS reports are due on an annual basis for ALL COMPANIES that have DOT safety-sensitive covered employees. 100% compliance is required. We have already sent your MIS forms with instructions via email separately. A Copy is required to be kept in your files for 5 years. If you have not filed your report, please take the time and complete it.

PILOT RECORDS DATABASE (PRD) – ARE YOU REGISTERED? WE CAN HELP!

Who needs to use PRD?

In accordance with part 111, all 14 CFR part 119 certificate holders, operators that conduct operations in accordance with

a fractional ownership program (fractional ownerships), and air tour operators holding a Letter of Authorization (LOA) issued in accordance with 14 CFR part 91, § 91.147 are required to:

1. Access the PRD and evaluate the available data for each individual pilot candidate prior to making a hiring decision.
2. Report records on individuals employed as pilots into the PRD.

Different operators have different obligations through the PRD. For example, while a Part 135 certificate holder must enter “historical” pilot records in PRD, it is voluntary for an operator conducting air tours under a 91.147 LOA. However, all new records are required to be entered into PRD for both the 91.147 air tour operator and the 135 charter operator. New records are defined as “records created on or after one year after publication of part 111”. Part 111 was published on June 10, 2021.

WHAT Drug & Alcohol records are you required to enter in PRD?

In accordance with § 111.220, operators regulated under part 120 and 49 CFR part 40 must maintain certain drug and alcohol records of pre-employment, reasonable cause, reasonable suspicion, random, post-accident, return-to-duty, and follow-up testing. An operator is prohibited from knowingly using an individual to perform, and an individual is prohibited from performing any safety-sensitive function (including flight crew member duties) if that individual has violated the drug and alcohol testing regulations under part 120 and has not met the requirements under part 120 or 49 CFR part 40 to return to duty. The FAA is requiring air carriers and operators to enter specific records provided in §§ 120.111 and 120.219(a) as well as 49 CFR § 40.333(a) into the PRD in accordance with § 111.220. This includes records of verified positive drug test results, alcohol misuse violations (including confirmed breath alcohol results of a concentration of 0.04 or greater, on-duty and pre-duty use conduct, and alcohol use following an accident), refusals to submit to required drug or alcohol testing, all return-to-duty drug and alcohol test results, and all follow-up drug and alcohol test results.

WHO must enter the drug & alcohol records in PRD?

Any reporting entity that is required to comply with part 120 and 49 CFR part 40 must report drug and alcohol records to the PRD in accordance with § 111.220. This includes part 121 and 135 air carriers and operators, and air tour operators as defined under § 91.147.

WHEN must you enter the drug & alcohol violations into PRD?

Records must be entered in PRD within 30 days of the test or occurrence. **IMPORTANT**: This requirement does not relieve an employer or its Medical Review Officer from reporting pilot violations to the FAA’s Federal Air Surgeon within two days in accordance with §§ 120.113(d)(1) and 120.221(c)(1).

Flightline can assist with PRIA and PRD requirements. Flightline launched its compliance division in 2021 to assist clients with background investigations and release of information forms as required under 49 CFR 40.25. Since then, we have expanded to assist with PRIA requirements and now PRD. As a proxy in PRD, we can access PRD on behalf of the operator (you) with the ability to report and retrieve records. The “Responsible Person” for the operator listed in PRD must first assign Flightline Drug Testing as a Proxy before we can assist. If you don’t know who your responsible person is, you may want to reach out to either your Director of Safety, Director of Operations, Chief Pilot, Director of Maintenance, or Chief Inspector. These roles typically hold the title of responsible person in PRD. Please email [email protected] for more information on how we can help!

For more information on PRD please visit: https://www.faa.gov/documentLibrary/media/Advisory_Circular/AC_120-68J.pdf

LEGAL/DRUG UPDATE:

FL LAWMAKERS WANT TO REGULATE KRATOM

What is kratom? The kratom plant, or mitragyna speciosa, is a tropical evergreen tree that grows naturally in Thailand, Malaysia, Myanmar, Indonesia and Papua New Guinea. The plant’s dried leaves have been used in traditional folk medicine for centuries but only started gaining popularity in the U.S. within the past few decades.

Some consider it a lifesaver, an alternative to prescription drugs and other opiates. In lighter doses, kratom can act as a stimulant, aiding with focus and energy. Its two primary alkaloids — mitragynine and 7-hydroxymitragynine — activate the mu-opioid receptors in the brain. At higher doses, it can deliver pain relief and opiate-like effects, something that’s piqued the interest of researchers who are studying the plant for potential medicinal use.

Some argue that the substance, which has not been approved by the U.S. Food and Drug Administration, could do more harm than good — especially in its current, largely unregulated state. Federal authorities have issued stern warnings to potential kratom consumers, pointing to adverse health effects, including abuse, addiction and, in some cases, death.

The Drug Enforcement Agency originally proposed classifying it as a Schedule 1 drug, meaning it had no potential medical value and would have outlawed it, but backlash from the public convinced them to instead list it as a “drug of concern,” which kept it legal at the federal level. Most packets say, ‘Not for human consumption,’ which probably tells you something…

Some research has shown that Kratom itself will not appear on a DOT 5-panel drug test. However, it could cause a false positive for methadone typically found on a 10-panel drug test. The way drugs are broken down in the body differs person to person. Because of various human body factors, it’s extremely difficult to specify how long the drug stays in the body and how it ultimately breaks down. Just as we report with CBD products as they relate to THC, because it is not regulated by the FDA, Kratom could contain other drugs which could in turn cause someone to test positive on a drug test. Because these drugs are not regulated, the Medical Review Officer would have no other option than to confirm the test as positive.

EMAIL CONTACT LIST

eScreen (AT) flightlinedrugtesting.com - eScreen Department for ordering drug and alcohol testing electronically

Accounting (AT) flightlinedrugtesting.com – Accounting department for invoice or billing questions

Updates (AT) flightlinedrugtesting.com – for any company or personnel updates.

Info (AT) flightlinedrugtesting.com – General inquiries

Terri (AT) flightlinedrugtesting.com – Medical Review Officer Assistant – contact for assistance with test results

James (AT) flightlinedrugtesting.com – President – contact for any other issues/questions.