Federal Aviation Administration (FAA)

Drug and alcohol testing of safety-sensitive aviation employees helps protect public safety and keep our skies safe. 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 Mission

The mission of the FAA is to provide the safest, most efficient aerospace system in the world. The FAA strives to reach the next level of safety, efficiency, environmental responsibility and global leadership.

Who Falls Under FAA Drug Testing Regulations?

Air traffic controllers at non-FAA facilities
Air traffic controllers contracted by the U.S. military
Aircraft maintenance personnel
Aviation screeners
Flight attendants
Flight crews
Flight instructors
Ground security personnel

When is an FAA Drug Test Performed?

What Substances are Tested?

Alcohol – DOT alcohol tests can use either saliva or breath (with PAS devices) but confirmation tests must use EBT devices.

Drugs -As specified in DOT regulations 49 CFR part 40 with the Cut Off levels listed in DOT regulations 49 CFR part 40; the following substances will be tested for:

Marijuana metabolites
Cocaine metabolites
Phencyclidine
Opioids** – codeine, heroin, morphine, oxycodone, oxymorphone, hydrocodone & hydromorphone
Amphetamines -amphetamine, methamphetamine, MDMA & MDA

**Some common names for the new semi-synthetic opioids include OxyContin®, Percodan®, Percocet®, Vicodin®, Lortab®, Norco®, Dilaudid®, and Exalgo®.

What is FAA Pre-Employment Testing?

No FAA-regulated employer may hire any individual for a safety-sensitive function listed in § 120.105 unless the employer first conducts a pre-employment test and receives an MRO-verified negative drug test result for that individual. No employer may allow an individual to transfer from a non-safety-sensitive to a safety-sensitive function unless the employer first conducts a pre-employment test and receives a verified negative drug test result for the individual. Employers must conduct another pre-employment test and receive a verified negative drug test result before hiring or transferring an individual into a safety-sensitive function if more than 180 days elapse between conducting the pre-employment test required by paragraphs (a)(1) or (2) of this section and hiring or transferring the individual into a safety-sensitive function, resulting in that individual being brought under an FAA drug testing program.

What is a violation of DOT Drug and Alcohol Regulations?

A verified positive DOT drug test result,
a DOT alcohol test with a result indicating an alcohol concentration of 0.04 or greater,
a refusal to test (including by adulterating or substituting a urine specimen) or
any other violation of the prohibition on the use of alcohol or drugs under a DOT agency regulation constitutes a DOT drug and alcohol regulation violation.

When is a SAP evaluation required?

A SAP (Substance Abuse Professional) is required when any safety-sensitive employee violates any DOT drug and alcohol regulations. Once the violation has occurred, the employee must not perform any DOT safety-sensitive duties for any employer until and unless he/she completes the SAP evaluation, referral, and education/treatment process set forth in this subpart and in applicable DOT agency regulations.

How does the return-to-duty process conclude?

Employers wishing to permit the employee to return to the performance of safety-sensitive functions, you must ensure that the employee takes a return-to-duty test. This test cannot occur until after the SAP has determined that the employee has successfully complied with prescribed education and/or treatment. The employee must have a negative drug test result and/or an alcohol test with an alcohol concentration of less than 0.02 before resuming the performance of safety-sensitive duties.

A SAP or MRO must not make a “fitness for duty” determination as part of this re-evaluation unless required to do so under an applicable DOT agency regulation. It is the employer’s responsibility to decide whether to put the employee back to work in a safety-sensitive position.

What is Follow up Testing?

Follow-up testing is required for drivers who:

tested positive,
refused, or
otherwise violated the prohibitions of 49 CFR Part 382 Subpart B; and
who have completed the return-to-duty process with a DOT-qualified substance abuse professional, and
have tested negative for a return-to-duty test.

Follow-up testing is prescribed by the substance abuse professional (SAP) for a minimum of 6 directly observed tests in 12 months, but can be extended an additional four years.

Are there any exceptions to pre-employment drug testing?

No, If you as an employer are unable to conduct a pre-employment drug test and obtain a negative result, in accordance with 14 CFR § 120.109(a), then you are prohibited from hiring or transferring an individual into a safety-sensitive position. The same is true if you conduct pre-employment alcohol testing in accordance with 14 CFR § 120.217(a). There are no exceptions to these provisions. If you furlough an employee and remove the employee from the random testing pool, you are permitted under 14 CFR § 120.109(a)(4) to conduct a pre-employment drug test of the employee prior to returning the employee to the random pool.

Is pre-employment alcohol testing allowed?

Employers may choose but are not required to, conduct pre-employment alcohol testing under this part. However, if an employer chooses to conduct pre-employment alcohol testing, it must comply with the following requirements:

It must conduct a pre-employment alcohol test before the first performance of safety-sensitive functions by every covered employee (whether a new employee or someone who has transferred to a position involving the performance of safety-sensitive functions).
It must treat all safety-sensitive employees performing safety-sensitive functions the same for the purpose of pre-employment alcohol testing (i.e., it must not test some covered employees and not others).
It must conduct the pre-employment tests after making a contingent offer of employment or transfer, subject to the employee passing the pre-employment alcohol test.
It must conduct all pre-employment alcohol tests using the alcohol testing procedures of 49 CFR part 40 of this title.
It must not allow a covered employee to begin performing safety-sensitive functions unless the result of the employee’s test indicates an alcohol concentration of less than 0.04.

For information regarding the effects of drug abuse – Click Here

For information on a drug free work place – Click Here

For information on substance abuse programs – Click Here

For information on DOT Drug / Alcohol Testing requirements – Click Here