Drug Abatement Frequently Asked Questions

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Program Applicability

1. Does an individual's participation in a U.S. Department of Defense (DoD) testing program satisfy U.S. Department of Transportation (DOT) drug and alcohol testing requirements?

Starting or Changing a Testing Program

1. How do I establish a federal drug and alcohol testing program to comply with FAA’s regulation?
2. When am I required to update my program registration, Letter of Authorization (LOA), or Operations Specifications?
3. If the ownership, name, or structure of my company is going to change, am I required to conduct a new pre-employment drug test for my covered employees?
4. Should we conduct a pre-employment drug test and obtain a negative result if we acquire employees through a merger or acquisition of another FAA-regulated employer?
5. As a repair station, do I establish my federal drug and alcohol testing program under an Operations Specification paragraph (A449) or a registration?

Program Implementation

1. If I hire a contract employee to perform safety-sensitive work, how can I ensure that the contract employee is tested under a FAA drug and alcohol testing program?
2. If a repair station provided me a copy of their A449 paragraph with the notation ‘A2’ or ‘A3’ in the telephone field, what else do I need to verify they conduct federal drug and alcohol testing?
3. What drug and alcohol testing records am I required to keep and for how long, and may I maintain them electronically?
4. Am I required to notify the FAA if my service agent or Designated Employer Representative (DER) changes?
5. As an employer, what steps can I take to run an effective alcohol testing program?
6. How do I report a drug and alcohol testing issue of noncompliance under the FAA’s voluntary disclosure reporting program?
7. I hired a contract employee to perform safety-sensitive duties and added him to my random testing pool. Am I required to conduct my own pre-employment drug test?
8. Which drug and alcohol test results must be reported to the Federal Aviation Administration (FAA)?
9. How do I change a DOT drug and/or alcohol test to a non-DOT test when I discover an error?
10. How do I prepare for an inspection of my DOT/FAA-mandated drug and alcohol testing program by the FAA?
11. What is required for a virtual inspection of my DOT/FAA-mandated drug and alcohol testing program by the FAA?

Drug and Alcohol Records Check

1. Am I required to request drug and alcohol testing records from the FAA or the U.S. Military for a newly hired safety-sensitive employee?
2. Does the FAA’s suggested ‘Release of Information’ form indicate a change in the regulatory requirement to conduct the drug and alcohol records check?
3. I am having trouble with a drug and alcohol records check on a potential employee. What should I do?
4. If I hire a pilot, am I required to query the Pilot Records Database and request drug and alcohol records under 49 CFR part 40?
5. Am I required to enter my employee’s non-negative test result into the Clearinghouse or query the Clearinghouse when I hire a safety-sensitive employee who previously worked for a motor carrier?

Random Testing

1. Can an employer give in-flight notification of random testing to flight crew members via the Aircraft Communications Addressing and Reporting System (ACARS), cell phone, in-range calls, etc.?
2. When conducting my random selections, may I over select or use an alternate list, since my employees are not always available?

Post-Accident Testing

1. What constitutes a post-accident test? What is the definition of an accident?

Service Agents

1. How can an employer find a service agent (e.g., Consortium/Third-Party Administrator (C/TPA), Medical Review Officer (MRO), collector, etc.) to help administer its drug and alcohol testing program?
2. Does the Federal Aviation Administration (FAA) approve employer or consortia/third party administrator (C/TPA) drug and alcohol testing programs?
3. As a consortium/third party administrator (C/TPA), am I required to have a copy of an aviation client’s program documentation?
4. How can an employer verify its collection personnel are qualified to conduct federal drug or alcohol collections?

Employee Violations

1. My mechanic tested positive on a random drug test for marijuana, but he said he only used a CBD product. Is his test valid?
2. When does the use of medication become a safety concern?
3. How do the Federal Aviation Administration's (FAA's) drug and alcohol testing regulations apply to an individual who has self-disclosed a drug or alcohol abuse problem?
4. I have a pilot that tested above 0.04 for alcohol on a law enforcement test conducted after the employee reported for duty. Where should I report this information?

Safety-Sensitive Duties

1. If I hire mechanics from a foreign country and bring them into the United States to work, are they subject to testing?