Drug and Alcohol Testing is required by the Omnibus Transportation Employees Testing Act of 1991 and by DOT and FAA regulations (49 CFR part 40 and 14 CFR part 120). FAA refers to the Federal Aviation Administration.
49 CFR Part 40, or “Part 40” as we call it, is a DOT-wide regulation that states how to conduct testing and how to return employees to safety-sensitive duties after they violate a DOT drug and alcohol regulation. Part 40 applies to all DOT-required testing, regardless of what DOT agency-specific rule applies to an employer.
A pre-employment drug test with a negative results is absolutely required prior to performing DOT FAA safety sensitive functions. Enrollment into a random testing program or consortium is also absolutely required. This is a serious program, and non-compliance can results in fines and sanctions. Aviation regulated employers need to find a professional Consortium/Third Party Administrator (C/TPA) to assist in managing a comprehensive FAA drug and alcohol testing program.
For an in-depth review of what an FAA regulated employer needs go to: Drug Testing For FAA Regulated Employers.
Let’s learn more about the required FAA drug and alcohol testing program.
FAA Safety Sensitive positions:
Flight crew, flight attendants, flight instructors; air traffic controllers at facilities not operated by the FAA or under contract to the U.S. military; aircraft dispatchers; aircraft maintenance or preventative maintenance personnel; ground security coordinators, aviation screeners, and operations control specialists.
Various types of operators have different processes for program registration:
https://www.faa.gov/about/office_org/headquarters_offices/avs/offices/aam/drug_alcohol/starting
National Drug Screening (NDS) provides these instructions if we do a FAA drug and alcohol testing policy for an FAA regulated employer.
FAA provides various video’s, brochures and posters to help Designated Employer Representatives (DER’s) with the program to Do Everything Right:
https://www.faa.gov/about/office_org/headquarters_offices/avs/offices/aam/drug_alcohol/der_awareness
Reasonable Suspicion
Supervisor training is required, and recurrent training is required. FAA does not require the reasonable suspicion determination to be face-to-face. When a trained supervisor documents signs and symptoms that an employee might be impaired, reasonable suspicion drug and alcohol testing is required.
Reporting of positives by employers:
Employers must report certain drug and alcohol testing violations to the
- employee or applicant who holds a Part 67 Medical Certificate
Reporting of refusals of applicants or employees who hold:
- a Part 61, Part 63, or Part 65 Airman Certificate
If positive or refusal results in loss of an employee’s certification, there may be additional steps for return to duty beyond the SAP RTD Process
MIS reports are required annually unless under 50 employees and then upon request.
FAA Post Accident Testing Criteria:
An occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight and the time all such persons have disembarked, AND in which any person suffers death or serious injury or in which the aircraft receives substantial damage.
Who is tested: Any employee whose performance either contributed to or could not be discounted as a contributing factor to the accident.
FAA Program Policy Requirements
14 CFR Part 120 – Employers must have a policy on drug use in the workplace and an alcohol misuse policy.
Policy on Drug Use in the Workplace
The employer’s policy on drug use in the workplace shall include information regarding the consequences under the rule of:
- Using drugs while performing safety-sensitive functions.
- Receiving a verified positive drug test result.
- Refusing to submit to a drug test required under the rule.
120.223(a)
FAA Alcohol Misuse Policy
The employer’s policy on alcohol misuse must include a detailed discussion of at least the following:
- The identity of the person designated by the employer to answer employee questions about the materials.
- The categories of employees who are subject to the provisions of these alcohol testing requirements.
- Sufficient information about the safety-sensitive functions performed by those employees to make clear what period of the work day the covered employee is required to be in compliance with these alcohol testing requirements.
- Specific information concerning employee conduct that is prohibited by this chapter.
- The circumstances under which a covered employee will be tested for alcohol under this subpart.
- The procedures that will be used to test for the presence of alcohol, protect the employee and the integrity of the breath testing process, safeguard the validity of the test results, and ensure that those results are attributed to the correct employee.
- The requirement that a covered employee submit to alcohol tests administered in accordance with this subpart.
- An explanation of what constitutes a refusal to submit to an alcohol test and the attendant consequences.
- The consequences for covered employees found to have violated the prohibitions in this chapter, including the requirement that the employee be removed immediately from performing safety-sensitive functions, and the process in 49 CFR Part 40, subpart O.
- The consequences for covered employees found to have an alcohol concentration of 0.02 or greater but less than 0.04.
- Information concerning the effects of alcohol misuse on an individual’s health, work, and personal life; signs and symptoms of an alcohol problem; and available methods of evaluating and resolving problems associated with the misuse of alcohol; and intervening when an alcohol problem is suspected, including confrontation, referral to any available employee assistance program, and/or referral to management.
Optional provisions. The materials supplied to covered employees may also include information on additional employer policies with respect to the use or possession of alcohol, including any consequences for an employee found to have a specified alcohol level, which are based on the employer’s authority independent of this subpart. Any such additional policies or consequences must be clearly and obviously described as being based on independent authority.
For expert assistance with FAA drug and alcohol testing requirements, contact National Drug Screening.
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