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United States Department of Transportation United States Department of Transportation

If the ownership, name, or structure of my company is going to change, am I required to conduct a new pre-employment drug test for my covered employees?

View the full FAQ here.

There is no simple rule that determines whether pre-employment testing or other program requirements are required when changes occur to the ownership, company name, or structure of the operations.  For example, if a new owner acquires a company and there is a break in operations or employment of safety-sensitive personnel, a negative pre-employment drug test may be required in accordance with 14 CFR § 120.109(a)(1). Alternatively, if the new owner maintains operations and the federal drug and alcohol testing program, a new pre-employment drug test would not be required. 

If you need guidance, it is important that you contact the FAA’s Drug Abatement Division as soon as possible to ensure the acquisition or new ownership will comply with the federal drug and alcohol testing requirements outlined in 14 CFR part 120. To help FAA understand your situation, it is important that you send a written statement to drugabatement@faa.gov and provide the information in response to the questions below:

  • Is there an FAA certificate involved and, if so, will the certificate number change?
  • Is the change a result of a merger with another certificated or registered employer that has an existing FAA-mandated drug and alcohol testing program?
  • Will there be an interruption of operations during the acquisition or change in ownership?
  • Will your safety-sensitive employees remain employed and tested without interruption by the same testing program by the new owner and during the change in ownership?
  • What will happen to your drug and alcohol testing records under the new owner, and will the location of where you maintain your records change? 
  • How will the changes affect your random testing pool or relationship with a service agent?  

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 Web site to learn more about our program.

Applicable Regulations: