Frequently Asked Questions
Find answers to your FAA questions.
No. An employer is obligated under 14 CFR §§ 120.109(e) and 120.217(e) to conduct a return-to-duty drug or alcohol test prior to returning an employee to work following a violation. The type of return-to-duty test an employer must conduct depends on what type of violation triggered the requirement for the test. For example, if an employee tested positive on a random drug test, an employer is obligated to only conduct a return-to-duty drug test under direct observation and have a negative result prior to returning the employee to work. In accordance with 49 CFR § 40.305(a), the return-to-duty test cannot occur until after the Substance Abuse Professional (SAP) has determined that the employee has successfully complied with the prescribed education and/or treatment.
The SAP must provide the employer’s Designated Employer Representative (DER) with a follow-up drug and/or alcohol testing plan; however, it is not the SAP’s responsibility to direct return-to-duty testing to an employer. If a SAP instructs an employer to conduct drug and alcohol follow-up testing, the employer must conduct both tests in accordance with 49 CFR § 40.309, 14 CFR §§ 120.109(f)(3) and 120.217(f)(3), and the SAP Guidelines.
If you have any further questions or need guidance that is more specific to your situation, please contact the FAA’s Drug Abatement Division at (202) 267-8442 or drugabatement@faa.gov.
Please visit our Web site to learn more about our program.
Applicable Regulations:
49 CFR § 40.305(a)
49 CFR § 40.309
14 CFR § 120.109(e)
14 CFR § 120.217(e)
No. The FAA does not require you to notify us when your service agents change, unless the change means the information listed in 14 CFR §§ 120.117 and 120.225 and on your program registration, Letter of Authorization, or Operations Specifications is no longer valid.
Although you are not required to update the FAA when your DER or program manager changes, it can be helpful to have current contact information for future correspondence. If you wish to report your new DER or program manager information, please write to the Drug Abatement Division at drugabatement@faa.gov and provide the new DER or program manager’s name and title, physical address, telephone and fax numbers, and email address.
If you have any further questions or need additional guidance that is more specific to your situation, please contact the FAA’s Drug Abatement Division at (202) 267-8442 or drugabatement@faa.gov.
Please visit our website to learn more about the program.
Applicable Regulations:
No. Because the FAA and U.S. Military are not considered employers, as defined in 14 CFR § 120.7, the requirement to conduct a drug and alcohol records check described in 49 CFR § 40.25 would not apply if the applicant who previously worked for the FAA or the U.S. Military.
If you wish to request the testing records for a former FAA employee, you may send your request to the FAA’s Internal Substance Abuse Program (ISAP) by faxing your written release to 202-267-3262. If you have questions, please contact the ISAP Office directly at 202-267-0238.
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:
Yes. Although the requirement to renew a contractor registration is not included in our regulation, we have implemented a renewal procedure and added an expiration date to our form. The suggested registration format includes a box to indicate that the submission is for purposes of renewal. Although we will attempt to notify companies in advance of their expiration dates, we expect companies to keep track of when they must ask for renewal of their registrations.
If your current contractor registration does not include an expiration date, please send a renewal request to the FAA Drug Abatement Division as soon as possible. You can find the registration format, including specific instructions for submission, on our website.
We do not normally invalidate or terminate an employer's registration, unless it is expired and the registered employer did not renew it. If you contract with an employer that has a program registration without an expiration date, you may continue to use that contractor and its employees. When this happens, we would ask that you encourage the contractor to renew its program registration. If the program registration were expired, we would recommend that you not use that contractor until the registration is renewed.
For assistance with the registration process, or if you have any further questions, please contact the FAA's Drug Abatement Division at (202) 267-8442 or drugabatement@faa.gov.
Please visit our website to learn more about our program.
Yes. The definition of maintenance in 14 CFR Part 43 includes these types of repairs/maintenance. Therefore, an employer must ensure that these individuals are included in a Federal Aviation Administration (FAA) mandated drug and alcohol testing program.
Employers who need more information about the definition of maintenance or preventive maintenance should review our Safety-Sensitive Job Categories Alert or consult directly with their FAA Principal Maintenance Inspector or local Flight Standards District Office. The Flight Standards Service is the expert in clarifying maintenance or preventive maintenance duties. Please visit the FAA's website to find the Flight Standards District Office closest to you.
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:
No. You do not have to provide a drug and alcohol registration or proof of your testing program when you make your application for a LOA to the FSDO. The Operations Specifications (OpSpecs) paragraph (A049) that is issued as part of the LOA serves as the program registration. When the FSDO records the LOA with an identifying number in the OpSpecs, the information will download into the FAA's Drug Abatement Division subsystem, thus registering your program.
Once your LOA is issued, the regulation requires that you implement your testing program no later than the day you begin air tour operations. For more information concerning how an air tour operator can implement a testing program, you may review this guidance document posted on the Drug Abatement Division's website.
If you or the FSDO 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 Regulation(s):
No. When a FAA-regulated employer hires a consortium to help manage their federal drug and alcohol testing program, we do not require the consortium to obtain a copy of the aviation employer’s program documentation. However, we do believe it is a best practice to ensure that if you are adding DOT/FAA-regulated employees to your random testing pool, those individuals are performing safety-sensitive duties for a regulated employer.
Under the FAA’s drug and alcohol testing regulation, 14 CFR part 120, an employer that conducts drug and alcohol testing is obligated to document their program under an Operations Specifications (applicable to a part 121, 135, 91.147, and 145) or registration (applicable to non-certificated contractors). The program documents give the employer or contractor the authority to conduct federal testing.
If a client is an aviation company that cannot provide a copy of their Operations Specifications or registration, you or your client should immediately contact the FAA Drug Abatement Division at (202)-267-8442 or drugabatement@faa.gov.
If you have any further questions or need additional guidance that is more specific to your situation, please contact the FAA’s Drug Abatement Division at (202) 267-8442 or drugabatement@faa.gov.
Please visit our website to learn more about our program.
Applicable Regulations:
As a repair station operating under a part 145 certificate, you have the option to conduct your own testing program to allow you or your employees to conduct aircraft maintenance or preventive maintenance for a DOT-regulated employer (e.g., a part 121 or 135 air operator, or an air tour operator as defined in § 91.147). To do this, you must contact your FAA Principal Maintenance Inspector and request to have an A449 drug and alcohol paragraph added to your Operations Specifications. The A449 serves as your certification to comply with the drug and alcohol testing regulations, 49 CFR part 40 and 14 CFR part 120.
While we allow a repair station to obtain a program registration, that option is limited to corporations that have multiple repair station or facilities throughout the territories of United States and want to combine them into one testing program. For example, a corporation owns and operates six part 145 repair stations throughout the United States and wishes to conduct a single drug and alcohol testing program. The corporation would operate under a contractor registration that covers all part 145 repair stations.
While some repair stations are authorized for a specific rating, this limitation does not affect the A449 or its ability to conduct their own FAA drug and alcohol testing program. The A449 is merely a certificate to ensure that the repair station conducts its own testing in accordance with the drug and alcohol testing regulations.
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:
In addition to performing regular audits of your collection sites and personnel, we recommend that you familiarize yourself with your Evidential Breath Testing (EBT) device's Quality Assurance Plan (QAP). You should also ensure that your Breath Alcohol Technician (BAT) is familiar with the QAP and the requirements for proper use and care of the EBT devices.
According to the Department of Transportation's (DOT's) procedural regulation, 49 CFR Part 40, § 40.233, the employer or BAT must:
- Follow the manufacturer's instructions for conducting external calibration checks at the intervals specified.
- Only use calibration devices appearing on the National Highway Transportation Safety Administration's conforming product list for "Calibrating Units for Breath Alcohol Tests" when conducting external calibration checks. If a dry gas solution is used, it is important that the BAT is aware of the expiration date and ensures that a backup unexpired gas tank is on site.
- Remove an EBT from service when it fails an external check of calibration. It cannot be returned to service until it is repaired and passes an external calibration check.
- Ensure that all maintenance is performed as instructed in the operating manual and in the QAP.
- Keep a log of all accuracy checks, calibrations, and maintenance, and ensure that all maintenance is performed at the proper time listed and by the proper person. A suggested calibration/accuracy check log is available on our website for use. It is critical to ensure that these processes are appropriately documented.
- Maintain the records of the inspection, maintenance and calibration of the EBT for 2 years.
According to 49 CFR § 40.267, a confirmed test result of 0.02 or above must be cancelled if the next external calibration check of the EBT produces a result that differs by more than the tolerance stated in the QAP from the known value of the test standard. In this case, every result of 0.02 or above obtained on the EBT since the last valid external calibration check is cancelled. Because this is considered a "fatal flaw", it cannot be corrected.
Finally, you and your BAT should know the difference between an external calibration check (i.e., accuracy check/verification check) and a calibration. An external calibration or accuracy check ensures the proper calibration of a device. These accuracy checks must be conducted as often as is referenced in the device's QAP, and it is good practice to do an accuracy check as soon as possible after a positive test. When a device is calibrated, it is reset and changes the way the device measures alcohol. Remember that some QAPs require that users are certified by the device's operator. Calibrating a device, instead of conducting an accuracy check/verification check after a confirmed result of 0.04 or above, is a fatal flaw.
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:
No. No form of in-flight notification may be used to notify pilots and flight attendants of random testing. According to the Federal Aviation Administration's (FAA's) drug and alcohol testing regulation (14 CFR part 120), an employer shall require that random testing is unannounced and each safety-sensitive employee who is notified of selection for random drug testing is to proceed to the collection site immediately. The opportunity to report for testing immediately does not exist while in-flight; therefore, the use of in-flight notification is considered advance notification and is not permitted under our regulation.
Additionally, the FAA stated in the preamble to the January 12, 2004 final rule (69 Federal Register, page 1848) that "such advance notification is inherently unfair because pilots and flight attendants are only two of the eight categories of safety-sensitive employees. In other words, six categories of employees are not accessible by ACARS advance notification. In addition to the unfairness issue, ACARS advance notification has been linked, through enforcement cases, to dilutions, substitutions, and adulterations. ACARS notification could provide the employee with an opportunity to consume large quantities of fluid immediately before the test, which may dilute the specimen. Also, ACARS notification could provide the employee with an opportunity to substitute a specimen or to obtain access to adulterants to subvert the testing process."
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 § 120.109(b)(8)
14 CFR § 120.217(c)(8)
Preamble to the January 12, 2004, Final Rule
Applicants for medical certification must be able to see the colors they need to perform airman duties safely. Aviation Medical Examiners (AMEs) check color vision by using special color plates. If you can’t pass the initial color vision test but otherwise meet medical standards, we may issue you a medical certificate with the limit “NOT VALID FOR NIGHT FLIGHT OR BY COLOR SIGNAL CONTROL.”
If you have a medical certificate bearing a color vision limitation, you may request reevaluation by writing to:
Aerospace Medical Certification Division, AAM-300
Federal Aviation Administration
Civil Aerospace Medical Institute
P.O. Box 25082
Oklahoma City, OK 73125
The AME will ask you to demonstrate your ability to perform tasks that require color vision by giving you a signal light test. The Aerospace Medical Certification Division will consider the results of the test in reevaluating you.
Yes. In accordance with 14 CFR § 120.109(a)(3), an employer must conduct another pre-employment drug test and receive a negative result if more than 180-days (6 months) elapsed from conducting the pre-employment drug test and hiring or transferring an individual into a safety-sensitive position. The negative result is valid for 180-days from the date the first pre-employment drug test result is verified negative, since the test result is required to meet 14 CFR § 120.109(a)(1). For example, if a pre-employment drug test is verified negative on January 1, 2022, and you did not hire the applicant until July 15, 2022, you must conduct a new pre-employment drug test and obtain a new verified negative result before hire. Once an individual is hired, or an employee is transferred into a safety-sensitive position, this provision would no longer apply.
If you have any further questions or need additional guidance, please contact the FAA’s Drug Abatement Division at (202) 267-8442 or drugabatement@faa.gov.
Please visit our Web site to learn more about our program.
Applicable Regulations:
Yes. All employees who conduct maintenance or preventive maintenance are required to be covered by a Federal Aviation Administration (FAA) drug and alcohol testing program regardless of whether they sign off the work or not.
Employers who need more information about the definition of maintenance or preventive maintenance should review the FAA Flight Standards Service's Guidance Alert on Maintenance or consult directly with their FAA Principal Maintenance Inspector or local Flight Standards District Office. The Flight Standards Service is the expert in clarifying maintenance or preventive maintenance duties. Please visit the FAA's website to find the Flight Standards District Office closest to you.
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:
No, unless preparing the aircraft for cleaning requires the removal of components or the protection of components, which may fall under the definition of maintenance or preventive maintenance under 14 CFR § 1.1 or Part 43. For example, before cleaning an aircraft, it may be necessary to close and secure the upper and lower fan cowl doors on a transport category aircraft. The FAA considers the closing and securing of the engine fan cowl doors maintenance.
Additionally, after the cleaning process, it may be necessary to reapply lubrication compounds and preservatives to aircraft components, both of which could be considered maintenance or preventive maintenance. If the aircraft is operated by a part 119 certificate holder authorized to conduct Part 121 or 135 operations, or is used to conduct sightseeing operations as defined in 14 CFR § 91.147, the individual performing the aircraft maintenance or preventive maintenance must be subject to drug and alcohol testing in accordance with 14 CFR Part 120.
Conversely, the FAA does not consider cleaning seat cushions/covers maintenance or preventive maintenance.
The FAA's Flight Standards Service are the experts in determining whether work is considered maintenance or preventive maintenance, in accordance with the definitions in 14 CFR § 1.1 and Part 43. If you have additional questions about these definitions, please contact your local Flight Standards District Office (FSDO) or your Principal Maintenance Inspector.
If you have any other questions or need additional guidance regarding the FAA's drug and alcohol testing requirements in 14 CFR Part 120, contact the 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 § 1.1
14 CFR Part 43
14 CFR § 91.147
14 CFR § 120.1
14 CFR § 120.105(e)
14 CFR § 120.215(a)(5)
Yes. 14 CFR Part 43, Appendix A, defines the "refinishing of decorative coating of fuselage... cabin, or cockpit interior ..." as preventive maintenance. If the aircraft is operated under Part 121 or 135, or is used to conduct sightseeing operations as defined in 14 CFR § 91.147, the person painting the aircraft must be subject to drug and alcohol testing in accordance with 14 CFR Part 120.
The FAA's Flight Standards Service are the experts in determining whether work is considered maintenance or preventive maintenance, in accordance with the definitions in 14 CFR § 1.1 and Part 43. If you have additional questions about these definitions, please contact your local Flight Standards District Office (FSDO) or your Principal Maintenance Inspector.
If you have any other questions or need additional guidance regarding the FAA's drug and alcohol testing requirements in 14 CFR Part 120, please contact the 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 § 1.1
14 CFR part 43
14 CFR § 91.147
14 CFR § 120.105(e)
14 CFR § 120.215(a)(5)
No. The DOT drug and alcohol testing regulation (49 CFR Part 40) applies to transportation employers who are regulated by federal agencies such as the Federal Aviation Administration (FAA). The FAA's regulation (14 CFR part 120) defines specific drug and alcohol testing requirements for the aviation industry. Therefore, an individual's participation in a DoD testing program, or that of any other Federal agency, would not satisfy the FAA's drug and alcohol testing requirements.
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 the program.
Applicable Regulations:
The FAA does not maintain a list of acceptable medications. Pilot performance is affected by both the underlying medical condition(s) and medication (s); we must consider both in individual cases.
You should consult with your FAA Regional Flight Surgeon or designated Aviation Medical Examiner (AME) to determine if your condition or treatment precludes flying. You can find contact information for your Regional Flight Surgeon or your AME on our website.
You may not fly if you are taking any of these types of medications. If you aren't sure whether your medication falls into one of these categories, you should check with your AME:
- Tranquilizers, such as but not limited to Valium, Librium, Ativan
- Most antidepressants. PLEASE NOTE: According to new FAA policy announced in the Federal Register on April 5, 2010, some conditions and medications are acceptable. Please see the Federal Register Announcement for the requirements to qualify for a special issuance authorization (waiver).
- Opiates, such as Morphine, Codeine, Lortab, Percodan, Oxycontin
- Muscle relaxants, such as Soma, Sonata, Flexeril
- Anicholinergics, such as Levsin, Bnetyl, Transderm Scop
- Sedating antihistamines, such as Benadryl, Chlorpheniramine, Zyrtec
- Antipsychotics, such as Mellaril, Thorazine, Haldol
- Over-the-counter active dietary supplements, such as Kava-Kava, Valerian
You can also find helpful information in our brochure "Medication and Flying".
No. The Department of Transportation's (DOT's) procedural regulation, 49 CFR part 40, § 40.25(b), states that the prospective employer must request records from the individual's previous DOT-regulated employers who have employed the individual within the two years before the application or transfer date. This requirement did not change.
The 'aviation' suggested form changes Section II-A of the Department of Transportation's (DOT's) form to say 'While employed' versus 'In the two years prior to the date of the employee's signature (in Section I), for DOT-regulated testing'. This small change clarifies that the 'two-year' period does not apply to the date of the actual information or the date the employee signed the release. Consequently, the previous employer may respond with information that dates beyond two years. The DOT's procedural regulation, 49 CFR part 40, does not limit a previous employer from releasing more than the previous two years of records regarding an employee's positive drug test results or alcohol violations.
Although an employer is not required to use the DOT or FAA suggested forms, we believe it is a best practice to eliminate the language "In the two years prior..." from the form. Otherwise, an employer may risk getting a "No" response although the employee may actually have a previous drug or alcohol violation.
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 Regulation:
No. The FAA no longer reviews or approves drug and alcohol testing programs for employers or C/TPAs. Employers certify their compliance when they sign the drug and alcohol testing paragraph (A449) in their Operations Specifications or when they register their program with the FAA Drug Abatement Division. C/TPAs do not submit documentation to the FAA. Consequently, an employer's or C/TPA's claim that it is "FAA-approved" is no longer valid.
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 the program.
Applicable regulations:
It is the employer's responsibility to evaluate the duties of its employees and make a determination of whether the work being performed is a safety-sensitive function (e.g., maintenance or preventive maintenance). When making this determination, employers should refer to the definitions of maintenance and preventive maintenance, which are found in 14 CFR § 1.1 and 14 CFR part 43.
Additionally, we suggest employers review the FAA Flight Standards Service's Guidance Alert on Maintenance or consult directly with their FAA Principal Maintenance Inspector or local Flight Standards District Office. The Flight Standards Service is the expert in clarifying maintenance or preventive maintenance duties. Please visit the FAA's website to find the Flight Standards District Office closest to you.
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 § 120.105(e)
14 CFR § 120.215(a)(5)
14 CFR § 1.1
14 CFR part 43