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?
A test conducted by law enforcement is not regulated under 14 CFR Part 120; however, it may demonstrate a violation by the pilot of 14 CFR § 91.17. Under § 91.17, a flight crewmember is strictly prohibited from operating or attempting to operate an aircraft while having a breath alcohol concentration 0.04 or above, or while under the influence of alcohol. Although non-DOT tests like this are not required to be reported to the Federal Air Surgeon, we encourage you to report it to the Drug Abatement Division. We provide a sample form on our 'Suggested Forms & Formats' web page.
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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