If I hire mechanics from a foreign country and bring them into the United States to work, are they subject to testing?
Yes. The regulations require each employer to ensure that any employee who performs a safety-sensitive function within the territory of the United States, directly or by contract (including by subcontract at any tier) is subject to drug and alcohol testing. This includes full-time, part-time, temporary, and intermittent employees, regardless of the degree of supervision.
As a result, before hiring or transferring an individual to perform a safety-sensitive function (including a mechanic performing maintenance and preventive maintenance duties) wholly or partially within the territory of the United States, each employer must first conduct a pre-employment test and receive a verified negative drug test for that individual. At that point the individual is added to the random pool and subject to all of the requirements of the drug and alcohol testing regulations. Note: "Partially" would mean that the employee works within the territory of the United States to some degree (e.g., one day a month or once a year).
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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