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This violation occurs when an employer does not include all employees performing safety-sensitive functions in the required FAA/DOT drug and alcohol testing program, as mandated by 14 CFR Part 120 and 49 CFR Part 40. Ensuring comprehensive coverage of all safety-sensitive employees who perform a safety-sensitive function, directly or by contract, is critical to maintaining aviation safety and regulatory compliance.
Regulatory Requirements:
14 CFR § 120.105 and § 120.215: Employers must identify safety-sensitive positions and ensure that individuals in these roles are subject to DOT drug and alcohol testing requirements.
49 CFR § 40.11: Employers are responsible for administering compliant drug and alcohol testing programs that encompass all safety-sensitive employees.
This violation occurs when an employer allows an individual to begin performing safety-sensitive duties without first conducting a DOT-mandated pre-employment drug test and obtaining a verified negative result, as required by 14 CFR Part 120 and 49 CFR Part 40.
Explanation: Employers must ensure all individuals undergo a pre-employment drug test and receive a verified negative result before starting safety-sensitive duties. Neglecting this is a direct violation under 49 CFR § 40.25(j) and 14 CFR § 120.109.
Consequence: Non-compliance can result in enforcement actions, including fines or program suspension.
This violation occurs when an employer neglects to include all safety-sensitive employees in their random drug and alcohol testing pool, as required by 14 CFR Part 120 and 49 CFR Part 40. Random testing is a cornerstone of the FAA/DOT drug and alcohol testing program and is critical for maintaining safety and deterring substance abuse among employees performing safety-sensitive duties.
Explanation: Accurate and accessible records are critical, including documentation for testing, employee training, and program oversight. FAA inspections often target documentation to assess compliance.
Consequence: Missing or incomplete records during an FAA inspection can result in findings of non-compliance and administrative penalties.
Drug and alcohol record checks, or employment verification checks, are typically conducted as part of the pre-employment screening process for safety-sensitive positions regulated by the Department of Transportation (DOT). These checks are used to verify whether a job candidate has any previous drug or alcohol violations that could disqualify them from performing the job duties. Neglecting to check the prior drug and alcohol testing records of new or transferring safety-sensitive employees, as required under 49 CFR § 40.25.
This violation occurs when an employer allows an employee to resume performing safety-sensitive duties after a DOT drug or alcohol violation without completing the required return-to-duty process, as mandated by 14 CFR Part 120 and 49 CFR Part 40. This process is critical to ensuring that employees who have violated substance use policies are fit to safely resume their roles.
Regulatory Requirements:
14 CFR § 120.117 and § 120.223: Employees who have violated drug or alcohol testing rules must complete the return-to-duty process before resuming safety-sensitive duties.
49 CFR § 40.305: The return-to-duty test must yield a verified negative result, and the employee must be evaluated and cleared by a qualified Substance Abuse Professional (SAP).
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