DRUG AND ALCOHOL PROGRAM REQUIREMENTS - ALL AIR CARRIERS

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).

You can provide your own program, however due to the amount of paperwork and time required we recommend hiring a consortium. They have become very affordable and will save you a great deal of time. There are several companies available, a full list is available from the FAA at www.faa.gov. Either way remember that the operator is responsible for the program and maintaining compliance!

Always refer to the most current regulations they do change!

Who must have a drug program?

An employer that is a part 121 certificate holder, a part 135 certificate holder, an operator as defined in § 135.1(c) of the Federal Aviation Regulations, or an air traffic control facility not operated by the FAA or by or under contract to the U.S. military.

NOTE: FAA-approved antidrug programs no longer allow the use of another employer's program. An employer may no longer use a person who is not included under that employer's drug program to perform a safety-sensitive function.

Who must be tested?

Each employee, including any assistant, helper, or individual in a training status, who performs a safety-sensitive function listed in this section directly or by contract (including by subcontract at any tier) for an employer as defined in 14 CFR Part 120 must be subject to drug testing under a drug testing program. This includes full-time, part-time, temporary, and intermittent employees regardless of the degree of supervision. The safety-sensitive functions are:

• Flight crewmember duties. Flight attendant duties.
• Flight instruction duties.
• Aircraft dispatcher duties.
• Aircraft maintenance and preventive maintenance duties.
• Ground security coordinator duties.
• Aviation screening duties.
• Air traffic control duties.
• Operations control specialist duties.

Types of Drug Testing Required

Each employer must conduct the following types of testing in accordance with the procedures set forth in Appendix I to Part 121 and the DOT "Procedures for Transportation Workplace Drug Testing Programs" (49 CFR part 40):

Pre-employment Testing

Prior to the first time an individual performs a safety-sensitive function for an employer, the employer shall require the individual to undergo testing for prohibited drug use. Exceptions apply in some cases. For example if the employee previously performed a covered function, of if the person was removed from the the program and being reinstated.

Periodic Testing

Each employee who performs a safety-sensitive function for an employer and who is required to undergo a medical examination under FAR part 67 must submit to a periodic drug test. The employee must be tested for the presence of marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines, or a metabolite of those drugs during the first calendar year of implementation of the employer's antidrug program. The tests must be conducted in conjunction with the first medical evaluation of the employee or in accordance with an alternative method for collecting periodic test specimens detailed in an employer's approved antidrug program. An employer may discontinue periodic testing of its employees after the first calendar year of implementation of the employer's antidrug program when the employer has implemented an unannounced testing program based on random selection of employees.

Random testing

The minimum annual percentage rate for random drug testing is 50 percent of covered employees.
The Administrator's decision to increase or decrease the minimum annual percentage rate for random drug testing is based on the reported positive rate for the entire industry. Each year, the Administrator will publish in the Federal Register {See 59 FR 62218 - Ed.} the minimum annual percentage rate for random drug testing of covered employees. The new minimum annual percentage rate for random drug testing will be applicable starting January 1 of the calendar year following publication.

Post-accident Testing

Employers must test each employee who performs a safety-sensitive function for the presence of marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines, or a metabolite of those drugs in the employee's system if that employee's performance either contributed to an accident or can not be completely discounted as a contributing factor to the accident. The employee shall be tested as soon as possible but not later than 32 hours after the accident. The decision not to administer a test under this section 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. The employee shall submit to post-accident testing under this section.

Testing Based on Reasonable Cause

Each employer must test each employee who performs a safety-sensitive function and who is reasonably suspected of using a prohibited drug. Each employer must test an employee's specimen for the presence of marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines, or a metabolite of those drugs. An employer may test an employee's specimen for the presence of other prohibited drugs or drug metabolites only in accordance with appendix I and the DOT "Procedures for Transportation Workplace Drug Testing Programs" (49 CFR part 40). At least two of the employee's supervisors, one of whom is trained in detection of the symptoms of possible drug use, shall substantiate and concur in the decision to test an employee who is reasonably suspected of drug use; provided, however, that in the case of an employer other than a part 121 certificate holder who employs 50 or fewer employees who perform safety-sensitive functions, one supervisor who is trained in detection of symptoms of possible drug use shall substantiate the decision to test an employee who is reasonably suspected of drug use. The decision to test must be based on a reasonable and articulable belief that the employee is using a prohibited drug on the basis of specific contemporaneous physical, behavioral, or performance indicators of probable drug use.

Follow-up Testing

Employers also must implement a reasonable program of unannounced testing of each individual who has been hired to perform or who has been returned to the performance of a safety-sensitive function after refusing to submit to a required drug test.