Frequently Asked Questions
Find answers to your FAA questions.
No. The Federal Motor Carrier Safety Administration’s (FMCSA) Clearinghouse is a database that contains information pertaining to violations of DOT controlled substance and alcohol testing under 49 CFR part 382 for holders of commercial driver’s licenses (CDLs). The Clearinghouse does not apply to an FAA-regulated employee that performs safety-sensitive functions listed under 14 CFR part 120.
If you are an FAA-regulated employer, you are only obligated to enter a violation into the Clearinghouse if your employee holds a CDL to operate a motor vehicle and you conduct testing under 49 CFR part 382. If you do not employ an individual that meets these criteria, you are prohibited from entering information into the Clearinghouse. For questions about or assistance with the Clearinghouse, please contact the FMCSA at FMCSAdrugandalcohol@dot.gov or 202-366-2904.
In accordance with 49 CFR § 40.25, you must request the drug and alcohol testing information from a motor carrier if you are hiring an individual to perform aviation-related functions and the individual previously performed covered duties for a motor carrier. You are prohibited from querying the Clearinghouse to obtain drug and alcohol information, and the motor carrier is obligated under § 40.25(h) to immediately release the requested information to you after reviewing the written release. According to the FMCSA's frequently asked question, the motor carrier is prohibited from referring you to the Clearinghouse to obtain the information.
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:
49 CFR § 40.25
14 CFR § 120.105
14 CFR § 120.215
49 CFR part 382
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CFR §§ 120.117 and 120.225 and on your program registration, Letter of Authorization, or Operations Specifications is no longer valid.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 202-267-0231.
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:
FAA’s drug and alcohol testing regulation, 14 CFR part 120, requires an aviation employer to document their program in accordance with 14 CFR §§ 120.117 and 120.225, based on the type of operation:
- An Operations Specification paragraph (A449) would apply to a part 121 or 135 operator, or a repair station that elects to conduct its own testing.
- A Letter of Authorization (LOA) paragraph (A049) would apply to an air tour operator as defined in 14 CFR § 91.147.
- The FAA Drug and Alcohol Testing Program Registration is applicable to an air traffic control facility not operated by the FAA/U.S. Military, or a contractor that elects to conduct its own testing.
The program document gives the employer or contractor the authority to conduct federal testing of its employees and certifies the employer’s compliance with the federal drug and alcohol testing rules outlined in part 120 and 49 CFR part 40. When an employer hires you to manage its random drug and alcohol testing program, you are obligated under 49 CFR § 40.347(b)(2) to ensure that only employees covered by a DOT agency regulated drug and alcohol testing program are included in the random testing pool.
The easiest way for you to verify the aviation employees you add to the random testing pool are covered is to request and obtain a copy of the aviation employer’s program documentation (A449, A049, or registration). Another option is to contact the FAA’s Drug Abatement Division at (202) 267-8442 or drugabatement@faa.gov. Failure to verify employees are covered under a DOT agency regulation is a violation of 49 CFR § 40.347(b)(2) and may trigger a Public Interest Exclusion (PIE) in accordance with 49 CFR § 40.365(b)(14).
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:
If you are operating under a part 145 certificate and elect to conduct your own federal testing to perform safety-sensitive functions for an employer (including a part 121 or 135 or 91.147 operator), you must obtain an Operations Specification paragraph (A449) by contacting your FAA Principal Maintenance Inspector (PMI). You must provide the PMI the following information that is outlined in 14 CFR §§ 120.117(d) and 120.225(d):
- Company name,
- Certificate number,
- Telephone Number,
- Address where your drug and alcohol testing records are kept, and
- Whether you have 50 or more safety-sensitive employees, or 49 or fewer safety-sensitive employees.
You must certify in your A449 that you will comply with 14 CFR part 120 and 49 CFR part 40. Once your A449 is active, you must implement your testing program prior to your employees performing any safety-sensitive functions, directly or by contract (including subcontract at any tier) for a 14 CFR part 121 or 135 or § 91.147 operator.
Your A449 serves as your certification and authorization to conduct federal drug and alcohol testing under 14 CFR part 120. Although some repair station companies are authorized for a specific rating, this limitation does not affect the A449 or the repair station’s ability to conduct their own federal drug and alcohol testing program.
While we allow a repair station to obtain a program registration, that option is limited to an individual or corporation that owns and operates multiple repair station certificates or facilities throughout the territories of the United States and conducts testing under one program. For example, a corporation owns and operates six different repair station certificates throughout Texas and wants to conduct a single drug and alcohol testing program. The corporation would obtain a registration that covers all six of its repair station certificates and employees. If you are a repair station that operates under a single certificate and in multiple states, you are not eligible to register the program and you would conduct testing under your A449.
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
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:
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:
Unfortunately, the Federal Aviation Administration (FAA) does not maintain or distribute a listing of available service agents. We recommend that employers talk to other local aviation employers, search the local yellow pages or the Internet, or visit the Department of Transportation's website.
For lists of qualified MROs, visit the American Association of Medical Review Officers (AAMRO) website or the Medical Review Officers Certification Council (MROCC) website.
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.
As an employer, you are responsible for ensuring that the urine and/or oral fluid collector, screening test technician (STT), and/or breath alcohol technician (BAT) you use meet the qualifications outlined in 49 CFR §§ 40.15, 40.33, 40.35, and 40.213 to conduct drug and alcohol test collections. While a collector, STT, and/or BAT may provide you with a certificate of training to demonstrate that he or she is qualified, that may not be sufficient if it does not include the proficiency requirements. We encourage you to ask for additional documentation to ensure you and your collection personnel are complying with the federal testing requirements. The following are examples of what you might ask your collector, STT and/or BAT to provide to demonstrate they meet the proficiency requirements:
- For a collector, you may obtain copies of the following:
- Federal Custody and Control Forms (CCFs) completed during the five (5) mock error-free collections to demonstrate the collector conducted two (2) uneventful collections, one (1) insufficient quantity collection, one (1) temperature out of range collection, and one (1) collection involving a donor's refusal to sign or initial the specimen bottle seal.
- Documentation indicating that the five (5) mock collections were monitored by a qualified collector with one (1) year practical experience as a collector, or one (1) year experience training other collectors, or successful completion of a "train the trainer" course.
- Written statement from the person who observed the mock collections and can attest that they were error-free and monitored in person or "real-time". The statement should include the number and type of scenarios/events covered during the mock exercises and other relevant information.
- For an STT and/or BAT, you may obtain copies of the following:
- Alcohol Testing Forms completed during the seven (7) consecutive error-free mock breath alcohol tests or five (5) error-free saliva tests. The mock tests must be performed using the alcohol testing devices that will be used by the BAT/STT and adequately gauge the BAT/STT's knowledge, skill and ability pertaining to the device's messages, commands or displays including error messages or device malfunctions, as well as the procedures for performing air blank and external calibration checks.
- Documentation indicating that the seven (7) mock breath alcohol tests (and/or five (5) mock saliva tests) were monitored by a qualified instructor with one (1) year practical experience performing as a BAT/STT, or one year as a BAT/STT trainer, or successful completion of "train the trainer" course.
- Written statement from the person who observed the mock collections and can attest that they were error-free and monitored in person or "real-time". The statement should include the number and type of scenarios/events covered during the mock exercises and other relevant information.
- Other documents, which may include course materials and descriptions, checklists, etc.
For more information on this topic, please visit the DOT’s website and review the Q&As about the collector and BAT/STT 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 our program.
Applicable Regulations:
According to the Department of Transportation’s (DOT) Procedural regulation, Title 49 CFR part 40, §§ 40.13(g), 40.41(a), and 40.227(a), an employer is prohibited from using the Federal custody and control form (CCF) and DOT alcohol testing form (ATF) for a non-DOT test. If you discover that you or your collector used a Federal CCF or DOT ATF on a non-DOT test for a non-covered employee and you want it changed, you may contact the FAA’s Drug Abatement Division for guidance.
However, if the error concerns a test on a safety-sensitive employee, you are prohibited from cancelling the test in accordance with 49 CFR §§ 40.209(b)(10) and 40.275(b) and must contact our office to request a change. We will conduct a case-by-case determination regarding errors that affect a safety-sensitive employee’s test regardless of the result and provide a written decision and instructions.
To request guidance or change on a DOT drug or alcohol test result to a non-DOT result, you must write to drugabatement@faa.gov and provide the following:
- A statement to explain whether it was an error on a non-covered employee, or you made a regulatory error by incorrectly testing a safety-sensitive employee for drugs and/or alcohol; and
- A copy of the result.
Please note that a service agent cannot make a request on your behalf.
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:
- 49 CFR § 40.13(g)
- 49 CFR § 40.47(a)
- 49 CFR § 40.209(b)
- 49 CFR § 40.227(a)
- 49 CFR § 40.275(b)
The FAA’s federal drug and alcohol testing regulation is outlined in 14 CFR part 120 and applies to the following persons:
- All air carriers and operators certificated under 14 CFR part 119 and authorized to conduct operations under part 121 or part 135 of 14 CFR; all air traffic control facilities not operated by the FAA or by or under contract to the U.S. military; and all operators as defined in 14 CFR § 91.147.
- All individuals who perform, either directly or by contract, a safety-sensitive function listed 14 CFR §§ 120.105 and 120.215.
- All part 145 certificate holders who perform safety-sensitive functions and elect to implement a drug and alcohol testing program under part 120.
- All contractors who perform safety-sensitive functions and elect to implement a drug and alcohol testing program under part 120.
The steps to establish your program depend on your type of operation. According to 14 CFR §§ 120.117 and 120.225:
- A part 121 or 135 operator, or a part 145 repair station that elects to conduct its own testing must obtain an Operations Specification paragraph (A449) by contacting its FAA Principal Operations or Maintenance Inspector.
- An air tour operator as defined in 14 CFR § 91.147 must register its program by contacting the local Flight Standards District Office (FSDO) and requesting a Letter of Authorization (LOA). The FSDO will issue an Operations Specification paragraph (A049) as the LOA. A part 121 or 135 operator that intends to begin operations as an air tour operator must advise the FAA Drug Abatement Division.
- An air traffic control facility not operated by the FAA or by or under contract to the U.S. Military, or a contractor that elects to conduct its own testing must register its program with the FAA’s Drug Abatement Division.
Once you establish your program, you must implement the testing program prior to the date you start operations as a part 121 or 135, air tour operator, or air traffic control facility, or prior to performing safety-sensitive duties by contract (including subcontract at any tier) for a part 121 or 135 or 91.147 employer. You must ensure that your testing program meets all the requirements under 14 CFR part 120 and 49 CFR part 40. For program guidance, including Drug Abatement’s Advisory Circular (AC 120-126A), and helpful resources, you should visit the FAA’s industry drug and alcohol testing website and the Department of Transportation’s website). If you hire a service agent (defined in 49 CFR § 40.3 as a consortium/third party administrator (C/TPA), collector, breath alcohol technician and screening test technician, medical review officer, and substance abuse professional) to assist you in implementing or managing your program, you must ensure the service agent is qualified (where applicable) and compliant with the federal regulations. As the employer, you are responsible for all actions of your officials, representatives, and service agency in carrying out the requirements of 14 CFR part 120 and 49 CFR part 40.
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:
To facilitate your inspection, it is important that your Designated Employer Representative (DER) can describe and discuss your company’s federal testing program and provide the documentation requested by the FAA’s drug and alcohol compliance and enforcement inspector. The FAA’s drug and alcohol testing program inspection process and authority is described in Drug and Alcohol Compliance and Enforcement Surveillance Handbook Order 9120.1. We encourage you to review the Order prior to your inspection to understand how the process works and contact the inspector assigned to your company if you have any questions. To start the process of an announced inspection, the FAA’s Drug Abatement Division will send you a Letter of Notification, Point of Contact (POC) form, and a list of documents to make available for inspection. Our inspection guide, available in Order 9120.1 and on our Sample Forms and Policies webpage, will describe the questions we ask and records we review. To facilitate our inspection, we request that you return the POC form with your contact information and the information about your service agents (e.g., Medical Review Officer, collection personnel, Substance Abuse Professional, and Consortium/Third Party Administrator). If our inspection will include a review or visit with your service agent (including your Medical Review Officer, collection facility, Substance Abuse Professional, and Consortium/Third Party Administrator), the inspection lead will let you know. We appreciate your assistance in facilitating our visit(s).
In accordance with 49 CFR § 40.331, you and your service agent must release all written, printed, and computer-based records and reports, files, materials, data, documents/documentation, agreements, contracts, policies, and statements related to your drug and alcohol program. During our inspection, our inspector may also need to review some of the following types of records:
- Employment records for each safety-sensitive employee (e.g., records of hire, transfer or termination, and applications or resumes)
- Documentation of your safety-sensitive positions (e.g., position descriptions)
- Documentation of an employee’s performance of a safety-sensitive function (e.g., flight logs, duty records, timesheets, work orders, invoices, receipts, and other maintenance records)
At the conclusion of our inspection, we will conduct an outbriefing and advise you of the result of our inspection. If your inspection results in no findings, we will conclude our inspection and send you a formal closeout letter. If we discover any issues that indicate a deviation from 14 CFR part 120 or 49 CFR part 40, we will send you a Report of Inspection (ROI). The ROI will give you an opportunity to provide a detailed description of your corrective actions to return to full compliance and avoid recurrence, as well as providing documentation of the actions you took. Although your timely and sufficient response is not required, it is critical to demonstrating your willingness and ability to comply under our Compliance Program (outlined in FAA Order 8000.373 and Order 2150.3).
As a best practice, we encourage you to use our inspection guide to conduct your own program audits, including your service agent(s), on an annual or bi-annual basis to ensure continued compliance with 14 CFR part 120 or 49 CFR part 40. If you find discrepancies in your program, we encourage you to consider submitting a voluntary disclosure report in accordance with Advisory Circular 120-117.
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:
To report a voluntary disclosure issue of noncompliance under the federal drug and alcohol testing regulations outlined in 14 CFR part 120 and 49 CFR part 40, an employer or contractor should follow the FAA’s Advisory Circular, AC 120-117, Voluntary Disclosure Reporting Program for Apparent Violations of the Drug and Alcohol Testing Regulations, dated December 20, 2017. Notification of noncompliance issues reported must be made in a timely basis and without delay.
The voluntary disclosure report should be sent directly to the FAA’s Drug Abatement Division at drugabatement@faa.gov and include the written initial notification and information outlined in Appendix A of AC 120-117.
Please note that a management official and program manager (either the Designated Employer Representative (DER) or Alcohol and Drug Program Manager) must sign all program-related disclosure reports.
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
The FAA drug and alcohol testing regulation (14 CFR part 120) does not apply when an individual self-discloses a substance abuse problem to his or her employer before a violation of the regulations has occurred. As a result of such a disclosure, there are no specific tests or processes required under the regulation. Any testing or action that may occur as a result must be done under a company's authority and policy independent of the regulation.
If, however, an employee self-reports a substance abuse problem after being notified of an FAA-mandated test, the employee must be tested. Failure to do so will result in a refusal, which has serious consequences.
Please be aware that if this individual holds a part 67 medical certificate issued by the FAA, there are further requirements for the airman to return to duty. Under this circumstance, the airman must contact his or her local Regional Flight Surgeon for further information.
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.
If you are not able to verify the previous employer is DOT-regulated or conducts Federal drug and alcohol testing, you should talk to the employee or applicant to find out more information or search the internet to learn more about the former employer’s business or contact information. If you exhaust your search and you still cannot find information about the company, you may reach out to the FAA’s Drug Abatement Division for help. When you do, please provide a copy of the written release and any other documentation (e.g., the applicant’s resume or any communications with the former employer). You may submit your documentation via email to FAA's Drug Abatement Division at drugabatement@faa.gov or fax to 202-267-5200.
According to 49 CFR § 40.25(h), the employer from whom information is requested must transmit the information immediately. If you have confirmed receipt from the previous employer and they are refusing to provide information, you must document your good faith efforts. We strongly encourage you to report the non-response to the FAA’s Drug Abatement Division and provide a copy of the written release and documentation of your efforts. You must maintain the documents for three years from the date the employee first performs safety-sensitive duties for you.
More guidance on the drug and alcohol records check is available in the FAA’s Advisory Circular (AC 120-126A) and the DOT’s pamphlet titled "What Employers Need to Know About DOT Drug and Alcohol Testing".
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:
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.
Please visit our website to learn more about our program.
Applicable Regulation:
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