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?
The FAA drug and alcohol testing regulation (14 CFR part 120) does not apply when an individual self-discloses a substance abuse problem to his or her employer before a violation of the regulations has occurred. As a result of such a disclosure, there are no specific tests or processes required under the regulation. Any testing or action that may occur as a result must be done under a company's authority and policy independent of the regulation.
If, however, an employee self-reports a substance abuse problem after being notified of an FAA-mandated test, the employee must be tested. Failure to do so will result in a refusal, which has serious consequences.
Please be aware that if this individual holds a part 67 medical certificate issued by the FAA, there are further requirements for the airman to return to duty. Under this circumstance, the airman must contact his or her local Regional Flight Surgeon for further information.
If you have any further questions or need additional guidance that is more specific to your situation, please contact the FAA Drug Abatement Division at (202) 267-8442 or drugabatement@faa.gov.
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