HIring process

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Hiring an applicant for a safety-sensitive position within the aviation industry, as governed by the Federal Aviation Administration (FAA) and Department of Transportation (DOT), requires a thorough and compliant approach to ensure the safety and integrity of aviation operations. This process involves several key steps designed to identify and mitigate any risks associated with substance abuse or impairment that could affect safety-sensitive functions. Before hiring an applicant for a safety-sensitive position, an employer must conduct a pre-employment drug test and obtain a verified negative result. Alcohol testing is also a critical component, although pre-employment alcohol testing is not mandated but may be conducted by the employer under certain conditions​​​​. Employers are required to check the drug and alcohol testing records of applicants for safety-sensitive positions. This involves reviewing previous employers' records to ensure there are no previous violations of drug and alcohol testing regulations​​​​. Hiring for safety-sensitive positions must be in strict compliance with FAA and DOT regulations, specifically 14 CFR Part 120 and 49 CFR Part 40. These regulations outline the drug and alcohol testing program requirements, including who is covered, the types of testing required, training, and reporting requirements​​​​.

Employers must provide education and training to newly hired employees on the effects and consequences of drug abuse and alcohol misuse. This includes information on the company’s policies, testing procedures, and the impact of substance abuse on safety and performance​​​​. Once hired, the employee must be integrated into the company's random testing pool, ensuring that they have an equal chance of being selected for unannounced drug and alcohol testing​​​​.

Transferring an employee from a non-covered (non-safety-sensitive) position to a safety-sensitive position within the aviation industry involves a structured process governed by the Federal Aviation Administration (FAA) and the Department of Transportation (DOT) regulations. This process is designed to ensure that individuals moving into roles where their performance could directly impact the safety of operations meet all necessary safety and compliance standards.

Before the transfer, the individual must undergo a pre-employment drug test and receive a verified negative result, even if they are already employed by the company in a non-safety-sensitive role. This requirement ensures that the individual is free of prohibited drug use before performing safety-sensitive functions​​​​. While pre-employment alcohol testing is not mandated by the FAA, employers may opt to conduct such testing in accordance with their policies and 14 CFR Part 120. While pre-employment alcohol testing is not mandated by the FAA, employers may opt to conduct such testing in accordance with their policies and 14 CFR Part 120​​. Employers must check the drug and alcohol testing records of the employee for the previous two years to ensure no violations that could preclude them from performing safety-sensitive duties. This includes inquiries to previous employers if the employee has been with the current employer for less than two years​​​​. The employee must receive appropriate education and training regarding the effects and consequences of drug abuse and alcohol misuse. This includes familiarizing them with the company's policies on drug and alcohol testing and the specific responsibilities and regulations related to their new safety-sensitive position​​​​. Once the transfer is complete, the employee must be integrated into the random testing pool for drug and alcohol testing. This ensures that they are subject to the same unannounced testing as other employees in safety-sensitive positions, maintaining compliance and safety standards​​​​. Employers must document the transfer process, ensuring that all steps have been completed in accordance with FAA and DOT regulations. This includes maintaining records of drug and alcohol tests, training completed, and any other relevant compliance activities.

As an individual or company that intends to provide safety-sensitive services by contract to a regulated employer, you have opted to have your own FAA-mandated drug and alcohol testing program. In doing so, you must comply with the following drug and alcohol testing Federal Regulations: 

1 An employer is defined in 14 CFR part 120 as a part 119 certificate holder with authority to operate under parts 121 and/or 135, an air tour operator as defined under 14 CFR part 91, § 91.147, or an air traffic control facility not operated by the FAA or by or under contract to the U.S. military. 

2 Each employer is responsible for evaluating the duties of its own employees to determine if the work being performed is a safety-sensitive function listed in part 120. Refer to the FAA’s Safety-Sensitive Job Categories Guidance Alert for help in making your evaluations. 

• Title 49 CFR part 40, Procedures for Transportation Drug and Alcohol Testing Programs, which establishes the collection and testing process, and 

• Title 14 CFR part 120, Drug and Alcohol Testing Program, which defines who is covered and the types of testing, training, and reporting requirements. 

To initiate your testing program, you must register with the FAA’s Drug Abatement Division (AAM-800). A registration sample and instructions are available on the FAA’s Web site at https://www.faa.gov/sites/faa.gov/files/about/office_org/headquarters_offices/avs/RegistrationForm.pdf. Once your registration is active, you must implement your FAA-mandated testing program no later than the date you start performing safety-sensitive functions for an employer. 

may subscribe on our main page. If you have any questions, please contact the FAA’s Drug Abatement Division directly at (202) 267-8442 or drugabatement@faa.gov. 

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