Are contractor or subcontractor personnel ever considered under the direct control of the operator for psychoactive substance testing?

Yes, but only if they act as flight or cabin crew.

GM3 CAT.GEN.MPA.170(b) Psychoactive substances

Q: Who is considered 'personnel under the direct control of the operator' for the purpose of CAT.GEN.MPA.170(b)?

Personnel that is directly employed by the operator. This excludes personnel of contractors or subcontractors of the operator unless they act as flight or cabin crew.

Q: Does the definition of 'personnel under the direct control of the operator' include employees of a subcontractor who are not flight or cabin crew?

No, it excludes personnel of contractors or subcontractors of the operator unless they act as flight or cabin crew.

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GM3 CAT.GEN.MPA.170(b) Psychoactive substances

ED Decision 2018/012/R

MEANING OF ‘PERSONNEL UNDER THE DIRECT CONTROL OF THE OPERATOR’

(a) Personnel under the direct control of the operator means personnel that is directly employed by the operator. This excludes personnel of contractors or subcontractors of the operator unless they act as flight or cabin crew.

(b) The operator may require the contracted service provider to carry out testing of personnel as part of the contract between the operator and the contracted service provider.

Details

Source-Title: GM3 CAT.GEN.MPA.170(b) Psychoactive substances View latest amendments

Erulesid: ERULES-1963177438-12315 Compare versions

Domain: Air operations

Applicabilitydate: 14 August, 2020

Entryintoforcedate: 23 November, 2018

Regulatorysource: ED Decision 2018/012/R Navigate

Regulatorysubject: Part-CAT

Typeofcontent: GM to IR (Guidance material to implementing rule)

Parentir: CAT.GEN.MPA.170 Psychoactive substances

Origin: EASA

Category: EAR