Narrative:

Enclosed are reports detailing violation of FAA regulations discovered as part of an internal program evaluation conducted by a part 135 air carrier based at D92. Identical reports have been submitted to the FAA's detroit FSDO pursuant to FAA advisory circular 120-56, dated jan/92 which pertains to air carrier voluntary disclosure of far violations. Hazardous materials training program has been marked 'accepted' by the agency. Based on that marking, assumed it was correct. It is now understanding that the manual requires initial 'approval' and then final 'approval' to be usable. Pilot training records, upon detailed review, have not properly indicated when windshear training for our pilots occurred as required by far 135.10 and 135.345(B)(6). When administering an audit, it was ascertained that covered employees and those required to undergo a medical examination under far part 67, did not submit a periodic drug test during the first calendar yr of implementation. Also, the rule states that once an employer's random test reaches 50 percent of covered employees (after the first yr of testing), that periodic testing may be discontinued after the first calendar yr of drug testing. I have been conducting drug testing for over a yr (since aug/xx/90) and it has reached an annualized random rate of 50 percent of covered employees. There is no further need to conduct periodic testing. However, the periodic tests were required to have been performed and were not, which is a matter of record. Personnel were under the understanding that a far part 67 employee's required medical examination during the first yr covered this periodic testing. I now have ascertained that it did not. Drug program was in effect through the consortium for drug free industries, incorporated., beginning aug/xx/90. On sep/xx/90 (approximately 1 month later), the company aircraft, with pilot X as PIC, experienced an accident at D92. We did not administer a post accident drug test for this pilot, or for any related mechanics who could have performed maintenance on the aircraft. Failed to properly document the drug education training program for his employees. Also concerned that the drug education program may not comply with all requirements of the regulations. Carried individual 'couriers' accompanying human organs intended for transplant in aircraft that are not authorized for passenger operations. A review of anti-drug program records revealed that there have been occasions where pre- employment drug testing was not conducted until after an employee was hired. A review of aircraft load manifest forms revealed that the forms did not include all of the information required by the far. Discovered, during his internal audit, that he had failed to properly display informational material on the abuse of drugs for his employees to view. I also discovered that he had not properly informed his employees of his drug policy.

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Original NASA ASRS Text

Title: 9 ERRORS ADMITTED BY PART 135 ACR AFTER AN INTERNAL PROCS REVIEW WAS MADE FOR COMPLIANCE PURSUANT TO FAA ADVISORY CIRCULAR 120-56, JAN 92.

Narrative: ENCLOSED ARE RPTS DETAILING VIOLATION OF FAA REGS DISCOVERED AS PART OF AN INTERNAL PROGRAM EVALUATION CONDUCTED BY A PART 135 ACR BASED AT D92. IDENTICAL RPTS HAVE BEEN SUBMITTED TO THE FAA'S DETROIT FSDO PURSUANT TO FAA ADVISORY CIRCULAR 120-56, DATED JAN/92 WHICH PERTAINS TO ACR VOLUNTARY DISCLOSURE OF FAR VIOLATIONS. HAZARDOUS MATERIALS TRAINING PROGRAM HAS BEEN MARKED 'ACCEPTED' BY THE AGENCY. BASED ON THAT MARKING, ASSUMED IT WAS CORRECT. IT IS NOW UNDERSTANDING THAT THE MANUAL REQUIRES INITIAL 'APPROVAL' AND THEN FINAL 'APPROVAL' TO BE USABLE. PLT TRAINING RECORDS, UPON DETAILED REVIEW, HAVE NOT PROPERLY INDICATED WHEN WINDSHEAR TRAINING FOR OUR PLTS OCCURRED AS REQUIRED BY FAR 135.10 AND 135.345(B)(6). WHEN ADMINISTERING AN AUDIT, IT WAS ASCERTAINED THAT COVERED EMPLOYEES AND THOSE REQUIRED TO UNDERGO A MEDICAL EXAMINATION UNDER FAR PART 67, DID NOT SUBMIT A PERIODIC DRUG TEST DURING THE FIRST CALENDAR YR OF IMPLEMENTATION. ALSO, THE RULE STATES THAT ONCE AN EMPLOYER'S RANDOM TEST REACHES 50 PERCENT OF COVERED EMPLOYEES (AFTER THE FIRST YR OF TESTING), THAT PERIODIC TESTING MAY BE DISCONTINUED AFTER THE FIRST CALENDAR YR OF DRUG TESTING. I HAVE BEEN CONDUCTING DRUG TESTING FOR OVER A YR (SINCE AUG/XX/90) AND IT HAS REACHED AN ANNUALIZED RANDOM RATE OF 50 PERCENT OF COVERED EMPLOYEES. THERE IS NO FURTHER NEED TO CONDUCT PERIODIC TESTING. HOWEVER, THE PERIODIC TESTS WERE REQUIRED TO HAVE BEEN PERFORMED AND WERE NOT, WHICH IS A MATTER OF RECORD. PERSONNEL WERE UNDER THE UNDERSTANDING THAT A FAR PART 67 EMPLOYEE'S REQUIRED MEDICAL EXAMINATION DURING THE FIRST YR COVERED THIS PERIODIC TESTING. I NOW HAVE ASCERTAINED THAT IT DID NOT. DRUG PROGRAM WAS IN EFFECT THROUGH THE CONSORTIUM FOR DRUG FREE INDUSTRIES, INC., BEGINNING AUG/XX/90. ON SEP/XX/90 (APPROX 1 MONTH LATER), THE COMPANY ACFT, WITH PLT X AS PIC, EXPERIENCED AN ACCIDENT AT D92. WE DID NOT ADMINISTER A POST ACCIDENT DRUG TEST FOR THIS PLT, OR FOR ANY RELATED MECHS WHO COULD HAVE PERFORMED MAINT ON THE ACFT. FAILED TO PROPERLY DOCUMENT THE DRUG EDUCATION TRAINING PROGRAM FOR HIS EMPLOYEES. ALSO CONCERNED THAT THE DRUG EDUCATION PROGRAM MAY NOT COMPLY WITH ALL REQUIREMENTS OF THE REGS. CARRIED INDIVIDUAL 'COURIERS' ACCOMPANYING HUMAN ORGANS INTENDED FOR TRANSPLANT IN ACFT THAT ARE NOT AUTHORIZED FOR PAX OPS. A REVIEW OF ANTI-DRUG PROGRAM RECORDS REVEALED THAT THERE HAVE BEEN OCCASIONS WHERE PRE- EMPLOYMENT DRUG TESTING WAS NOT CONDUCTED UNTIL AFTER AN EMPLOYEE WAS HIRED. A REVIEW OF ACFT LOAD MANIFEST FORMS REVEALED THAT THE FORMS DID NOT INCLUDE ALL OF THE INFO REQUIRED BY THE FAR. DISCOVERED, DURING HIS INTERNAL AUDIT, THAT HE HAD FAILED TO PROPERLY DISPLAY INFORMATIONAL MATERIAL ON THE ABUSE OF DRUGS FOR HIS EMPLOYEES TO VIEW. I ALSO DISCOVERED THAT HE HAD NOT PROPERLY INFORMED HIS EMPLOYEES OF HIS DRUG POLICY.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.