Please reach out or ask The Advocate if you cannot find an answer to your question.
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 all safety-sensitive positions and ensure that each individual performing those functions is subject to the FAA-mandated drug and alcohol testing requirements. This includes compliance with pre-employment, random, reasonable cause, post-accident, return-to-duty, and follow-up testing as outlined in 49 CFR Part 40 and 14 CFR Part 120.
49 CFR § 40.11: Employers are fully responsible for ensuring their drug and alcohol testing programs comply with all DOT requirements. This includes accountability for the actions of service agents and ensuring all safety-sensitive employees are tested in accordance with applicable regulations.”
This violation occurs when an employer, as required by 14 CFR Part 120 .
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 14 CFR § 120.109 (a) (1)
Before hiring or transferring an individual into a safety-sensitive function, the employer shall ensure that the individual undergoes testing for prohibited drug use… and receives a verified negative drug test result.
This is the definitive regulation that prohibits an individual from performing safety-sensitive duties before receiving a negative result.
Consequence: Non-compliance can result in legal enforcement actions, including fines or program suspension. Failure to conduct a pre-employment drug test and have a negative result prior to hiring or transferring an employee into a safety-sensitive position and allowing him or her to perform.”
→ This constitutes a legal enforcement action.
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.
49 CFR § 40.25(b) You must obtain, pursuant to the employee’s written consent, information on the employee’s drug and alcohol testing history from DOT-regulated employers that employed the employee during the previous two years..."
Consequence of Non-compliance:
Failure to conduct the drug and alcohol records check and allowing the employee to continue to perform 30 days after he or she first performed” is categorized as an enforcement issue and may result in legal enforcement action.
No employee who has violated DOT drug or alcohol rules may return to safety-sensitive duties until the employee has successfully completed the return-to-duty process as required by 49 CFR Part 40 Subpart O and 14 CFR Part 120. This includes evaluation by a qualified SAP, completion of all required treatment or education, and a negative result on a directly observed return-to-duty test. This process is critical to ensuring that employees who have violated substance use policies are fit to safely resume their roles.
Regulatory Requirements: — 49 CFR § 40.305
You must not return an employee to safety-sensitive duties until the employee has completed the entire return-to-duty process, including a directly observed RTD test with a negative result.
14 CFR § 120.111 (drug) and § 120.221 (alcohol) : 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).
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.