Contractors performing aviation safety sensitive duties are also required to be included in an FAA drug and alcohol testing program.
Employers regulated by the Federal Aviation Administration (FAA) are required to have a drug and alcohol testing program. This includes air carriers and aircraft maintenance and preventive maintenance companies. The Federal Aviation Regulations require a regulated employer to ensure any individuals performing safety-sensitive functions by contract for it are included in a FAA-mandated drug and alcohol testing program.
This is commonly called a DOT urine drug test. A pre-employment DOT FAA Drug Test is required for FAA regulated companies in the aviation industry including aircraft maintenance facilities. Random testing is also required.
You can start the process of setting up an FAA drug and alcohol testing program with our online form for new employer accounts.
Maintaining compliance with FAA required drug and alcohol testing program is complex. National Drug Screening has specialized in FAA compliance for drug and alcohol testing for many years, Joe Reilly is the President of National Drug Screening and available for initial consultation for your FAA compliant drug and alcohol testing program, call Joe at 321-622-2020.
What is the regulation 14 CFR Part 120?
DOT drug and alcohol testing processes are regulated by regulation 49 CFR Part 40. The FAA regulation 14 CFR Part 120 is more specific to who gets tested when and why. Part 120 applies to aviation personnel as listed below. DOT agency rules like Part 120 outline the extent of coverage and the conditions that initiate testing — they specify who is required to undergo testing, the timing, and the governing authority.
This regulation also required employee education, access to employee assistance programs (EAP), supervisor training and defines post-accident testing criteria.
Learn some of the specifics of 14 CFR Part 120:
Types of tests for drugs: Pre-employment, random, reasonable cause, post-accident, return to duty, and follow-up.
Types of tests for alcohol: Pre-employment (optional), random, reasonable suspicion, post- accident, return to duty, and follow-up.
Definition of accident requiring testing: Accident means 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 all such persons have disembarked, and in which any person suffers death or serious injury, or in which the aircraft receives substantial damage. Testing must occur if employee’s performance either contributed to the accident or cannot be completely discounted as a contributing factor of the accident. The decision not to test an employee must be based on a determination, using the best information available at the time of the determination that the employee’s performance could not have contributed to the accident.
Reasonable cause determination (drugs): Two of the employee’s supervisors, one of whom is trained, shall substantiate and concur in the decision to test the employee. If the employer is not an air carrier operating under 14 CFR part 121 and has 50 or fewer employees, a single trained supervisor can make the determination. A trained supervisor makes the determination based upon specific contemporaneous physical, behavioral or performance indicators of probable drug use.
Reasonable suspicion determination (alcohol): One trained supervisor makes the determination based upon specific, contemporaneous, articulable observations concerning the employee’s appearance, behavior, speech, or body orders.
Pre-duty alcohol use prohibitions:Eight (8) hours prior to performance of flight crewmember duties, flight attendant duties, and air traffic controller duties. Four (4) hours prior to performance of other duties.
Actions for Breath Alcohol Concentration (BAC) at 0.02 – 0.039: If the employer chooses to return the employee to covered services within 8 hours, the BAC retest must be below 0.02. Below 0.02 is considered negative.
What are the types of safety-sensitive functions that are covered and required for testing in the FAA program?
The following types of safety-sensitive functions are covered by the FAA’s drug and alcohol testing regulations:
- Flight crewmember duties
- Flight attendant duties
- Aircraft dispatcher duties
- Flight crewmember duties
- Aircraft maintenance and preventive maintenance
- Flight crewmember duties
- Ground security coordinator duties
- Aviation screening duties
- Air traffic control duties
- Part 119 Certificate Holders
- Air Tour Operators
- Air traffic control facilities not operated by the FAA
- Part 145 Certificate Holders
- FAA Repair Stations
- Repair station contractors
What are the basic requirements for your FAA drug and alcohol testing program?
When Developing Your FAA-Mandated Drug and Alcohol Testing Program, You Must:
- Ensure that no one is hired for or transferred into a safety-sensitive function without first conducting a pre-employment drug test and receiving a verified negative test result.
- Conduct a drug and alcohol records check, after obtaining an employee’s written consent, requesting the information included in 49 CFR part 40, § 40.25(b) from DOT-regulated employers who have employed this individual during the two years prior to the date of application or transfer; five years for pilots.
- Ask employees or applicants entering safety sensitive positions whether they previously tested positive or refused to take a pre-employment drug or alcohol test.
- Educate and train your employees on the effects and consequences of drug abuse and alcohol misuse, as well as your supervisors who will make determinations of whether reasonable cause/suspicion testing is necessary.
- Ensure that employees are included in your random drug and alcohol testing pool and have an equal chance of being tested each time selections are made. You must conduct annual random testing at a minimum rate of 25% for drugs and 10% for alcohol.
- Review part 120 and part 40 for all the drug and alcohol testing requirements. Copies of the regulations and additional guidance materials are available atwww.faa.gov/go/drugabatementandwww.dot.gov/odapc.
- When implementing your testing program, you must ensure that all individuals performing safety-sensitive functions are included. Don’t forget aircraft maintenance or preventive maintenance.
Who is the Designated Employer Representative (DER) for an FAA Drug & Alcohol Testing Program?
Every organization that conducts workplace drug and alcohol testing—whether under Department of Transportation (DOT) regulations or as part of a non-DOT program—must designate someone to ensure the program is carried out correctly. That person is the Designated Employer Representative, or DER. Although the title may seem administrative, the responsibilities that come with it carry major implications for safety, compliance, and legal risk.
The DER at an aviation regulated company as great responsibilities in managing the required FAA drug and alcohol testing program.
Aviation leaves no margin for error, and the FAA’s regulations reflect that reality. For Designated Employer Representatives (DERs), understanding the FAA program is foundational to maintaining safety and regulatory compliance.
What are the duties and responsibilities of a DER working in the aviation industry?
- Development, implement and maintain a drug free workplace policy compliant with FAA regulations
- Ensure all testing requirements are met including pre-employment, post-accident, random, reasonable suspicion, return to duty and follow-up
- Work with a Consortium/Third Party Administrator (C/TPA) for ongoing management of a compliant consortium or stand-alone random testing program
- Remove employees from safety-sensitive positions after a positive test or refusal test
- After any positive test or refusal to test, refer the individual to a Substance Abuse Professional (SAP); this is a requirement
- Work with FAA inspectors when there is an investigation or inspection
What are the best practices for FAA drug and alcohol testing compliance?
- Consider revising your employee hiring status form to include a block that indicates when a negative pre-employment drug test result is received.
- Review employee applications carefully and talk to applicants about the duties they performed at previous jobs to determine whether they worked for a DOT-regulated employer.
- Document employees’ answers when you ask them whether they previously tested positive or refused to take a pre-employment drug or alcohol test.
- Document your notification to employees of the five drugs included in pre-employment testing.
- Conduct recurrent training for supervisors on a 12-18 month schedule and include a refresher on alcohol testing.
- Establish a process to update the random testing pool just before each selection.
- Before notifying an employee to report for testing, make sure that both the employee and the collection site are available and ready to test.
- Document your notification of random testing for each selected employee, and the reason any employee is excused from testing.
- Conduct recurrent training for supervisors on a 12-18 month schedule and include a refresher on alcohol testing.
- Document all parts of training, including the date it took place, who attended, how long it lasted, and what topics were covered.
- Schedule regular audits of your collection sites and personnel.
- Maintain open and regular communications with collection site personnel.
- Before notifying an employee to proceed to the collection site for a test, make sure the collection site is ready and available.
- After each collection, conduct a quality review of all custody and control forms and alcohol testing forms.
- Talk to the SAP if you have any questions about the SAP’s recommendations. You must follow the SAP’s plan, so make sure you understand it.
- Before sending an employee for a return-to-duty or follow-up test, explain the direct observation process to the employee. After the test is taken, verify that the direct observation process was used.
- When an employee goes on extended leave during the follow-up testing program, the clock stops. The follow-up testing plan resumes whenever the employee returns or goes to a new DOT employer.
What are the regulatory consequences of an applicant or employee violation?
Consequences of Using Drugs or Alcohol While Performing Safety-Sensitive Functions: A covered employee who has engaged in prohibited drug use or alcohol misuse during the performance of a safety-sensitive function will be immediately removed from performing safety-sensitive functions and permanently precluded from performing the same safety-sensitive function for any FAA-regulated employer.
Consequences of a Verified Positive Drug Test or an Alcohol Test at 0.04 or Higher Breath Alcohol Content (BAC): A covered employee who receives a verified positive drug test result or alcohol violation on a FAA required test will be immediately removed from safety-sensitive duties. An employee who has violated a FAA drug and/or alcohol violation cannot return to the performance of safety-sensitive duties until the employee has been evaluated by a Substance Abuse Professional and successfully completed the return-to-duty process outlined in 49 CFR Part 40, Subpart O (49 CFR §40.23(d)).
FAA Drug Testing Compliance – National Drug Screening offers expert assistance