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?
Yes. If you hire any individual, either directly or by contract (including subcontract at any tier), to perform safety-sensitive functions, you must first conduct a pre-employment drug test and obtain a negative result in accordance with 14 CFR § 120.109(a)(1). You are responsible for meeting all the requirements for testing under 14 CFR part 120, subpart E and F.
If you use a contract employee who is not included under your FAA-mandated drug and alcohol testing program, you must ensure the employee is included under the contractor’s FAA-mandated drug and alcohol testing program and performing safety-sensitive functions on behalf of the contractor (i.e., within the scope of employment). The best way to verify a valid federal testing program is to request and obtain a copy of the contractor’s active program registration or Operations Specification paragraph (A449 or A049). If you rely on a copy of the contractor’s contract with a consortium or own statement, you may unknowingly fail to meet the requirement to ensure the contract employee is covered.
Employers and contractors that conduct their own FAA-mandated drug and alcohol testing must meet all the testing requirements. As prescribed by the regulations, the release of any drug or alcohol testing information or results to a third party is prohibited under 14 CFR §§ 120.111(c) and 120.219(c), and 49 CFR § 40.321.
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.
Please visit our website to learn more about our program.
Applicable Regulations:
14 CFR § 120.7
14 CFR § 120.105
14 CFR § 120.109(a)
14 CFR § 120.111(c)
14 CFR § 120.117
14 CFR § 120.215
14 CFR § 120.219(c)
14 CFR § 120.225
49 CFR § 40.321