As a consortium/third party administrator (C/TPA), am I required to have a copy of an aviation client’s program documentation?

View the full FAQ here.

FAA’s drug and alcohol testing regulation, 14 CFR part 120, requires an aviation employer to document their program in accordance with 14 CFR §§ 120.117 and 120.225, based on the type of operation:

• An Operations Specification paragraph (A449) would apply to a part 121 or 135 operator, or a repair station that elects to conduct its own testing.
• A Letter of Authorization (LOA) paragraph (A049) would apply to an air tour operator as defined in 14 CFR § 91.147.
• The FAA Drug and Alcohol Testing Program Registration is applicable to an air traffic control facility not operated by the FAA/U.S. Military, or a contractor that elects to conduct its own testing.

The program document gives the employer or contractor the authority to conduct federal testing of its employees and certifies the employer’s compliance with the federal drug and alcohol testing rules outlined in part 120 and 49 CFR part 40. When an employer hires you to manage its random drug and alcohol testing program, you are obligated under 49 CFR § 40.347(b)(2) to ensure that only employees covered by a DOT agency regulated drug and alcohol testing program are included in the random testing pool. 

The easiest way for you to verify the aviation employees you add to the random testing pool are covered is to request and obtain a copy of the aviation employer’s program documentation (A449, A049, or registration). Another option is to contact the FAA’s Drug Abatement Division at (202) 267-8442 or drugabatement@faa.gov. Failure to verify employees are covered under a DOT agency regulation is a violation of 49 CFR § 40.347(b)(2) and may trigger a Public Interest Exclusion (PIE) in accordance with 49 CFR § 40.365(b)(14).

If you have any further questions or need additional guidance that is more specific to your situation, please contact the FAA’s Drug Abatement Division at (202) 267-8442 or drugabatement@faa.gov. 

Please visit our website to learn more about our program.

Applicable Regulations:

• 14 CFR § 120.117
• 14 CFR § 120.225
• 49 CFR § 40.347
• 49 CFR § 40.365(b)(14)