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Q&As for Safety-Sensitive Employees

If I have already completed the return-to-duty process described in part 40, can I return to the performance of safety-sensitive functions while the FAA is conducting its investigation?
If you have completed the return-to-duty requirements described in the regulations (49 CFR part 40, subpart O), you may return to the performance of safety-sensitive work while the FAA is conducting its investigation. However, if you are returning to perform safety-sensitive duties that require a medical certificate issued by the FAA under 14 CFR part 67, you must meet the medical standards necessary to hold a medical certificate prior to returning to those duties, which is separate from the requirements described in 49 CFR part 40, subpart O.

Q&As for Safety-Sensitive Employees

Thursday, September 26, 2024

As a pilot who flies internationally for a U.S. air carrier, am I subject to drug and alcohol testing when I fly outside of the United States?
Although you are not subject to your employer's FAA-mandated testing program (required under 14 CFR part 120), you and your entire flight crew may be subject to the testing laws and associated penalties in foreign countries that you fly in and out of. Some of these penalties may include monetary fines and/or imprisonment.

In addition, you remain subject to the Federal Aviation Administration's regulation under 14 CFR § 91.17. Under § 91.17, you may not act as a crewmember of a civil aircraft within 8 hours after the consumption of any alcoholic beverage, while under the influence of alcohol, while using any drug that affects your faculties in any way contrary to safety, or while having an alcohol concentration of 0.04 or greater in a blood or breath specimen. Violations of § 91.17 may result in the revocation of your FAA certificate.

Q&As for Safety-Sensitive Employees

Thursday, September 26, 2024

What will happen if I return to work after a violation and I don't complete the return-to-duty process?
If you return to a safety-sensitive position after a violation and do not complete the return-to-duty process, you may be subject to legal enforcement action. The regulation prohibits you from performing any safety-sensitive functions after a violation until you have completed the return to duty requirements described in 49 CFR part 40, subpart O.

Q&As for Safety-Sensitive Employees

Thursday, September 26, 2024

Do I need to complete the return-to-duty process after my violation if I leave aviation for a long period and return later?
Yes. Regardless of the time that you allow to elapse between your drug or alcohol violation and your return-to-work date, you must complete the return-to-duty process described in 49 CFR part 40, subpart O before you may return to the performance of any safety-sensitive functions.

Q&As for Safety-Sensitive Employees

Thursday, September 26, 2024

If I cannot provide sufficient urine during a drug test, is it a refusal?

If you fail to provide a sufficient specimen when directed by the collector, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure, it may be considered a refusal to test. According to 49 CFR part 40, the collector must begin the “shy bladder” or “dry mouth” procedures if you cannot provide a sufficient sample. You will have three hours to provide a sufficient amount of urine (45mL sample from a single void), or one hour to provide a sufficient amount of oral fluids (2mL single sample). If you cannot, the collector notifies your employer who will direct you to obtain a medical evaluation. If it is determined that a medical condition precluded you from providing a sufficient specimen, the test may be canceled and would not be considered a refusal. However, if there is not a medical condition that caused the insufficient sample, the collection will be considered a refusal.

Q&As for Safety-Sensitive Employees

Thursday, September 26, 2024

What steps must I take to return to the performance of safety-sensitive functions after I violated the FAA's drug and alcohol testing regulation?

You cannot return to the performance of safety-sensitive functions after violating the FAA’s drug and alcohol testing regulation [14 CFR part 120] until you complete the steps described in 49 CFR part 40, subpart O. The first step in the return-to-duty process is for your employer to provide you with a list of qualified Substance Abuse Professionals (SAP). The subsequent steps are as follows:

  • Step 1:  You must meet with the SAP for an evaluation either face-to-face in-person or remotely.  The SAP must recommend education and/or treatment and document the evaluation in a written report that is provided to your current or future employer.  
  • Step 2: The SAP must re-evaluate you in a follow-up face-to-face meeting to determine if you successfully completed the education and/or treatment recommendations.  If the SAP is satisfied, he or she must issue a written report to your current or future employer indicating whether your education and/or treatment was or was not successful.
  • Step 3: Before an employer can return you to safety-sensitive work, you must take a return-to-duty test under direct observation and receive a verified negative drug test result and/or an alcohol test with an alcohol concentration of less than 0.02.
  • Step 4: After you return to work, you will be subject to follow-up drug and/or alcohol testing under direct observation, as directed by the SAP.  Follow-up testing follows you through any breaks in service or from one employer to another. 

If you hold a medical certificate issued under 14 CFR part 67 and wish to return to the performance of duties requiring such a certificate, you must comply with any requirements imposed by your Aviation Medical Examiner or Regional Flight Surgeon and obtain an airman medical certificate issued by the Federal Air Surgeon dated after the date of your violation. The steps you must take to obtain your medical certificate are independent from the requirements your employer must follow to return you to duty (as described above), and both are required.

NOTE: If you have an on-duty drug or alcohol use violation, you are permanently disqualified from performing the safety-sensitive function you performed prior to the violation.

Q&As for Safety-Sensitive Employees

I received a letter of investigation from the FAA because of my drug or alcohol violation. Who do I contact to discuss my case?
If you received a letter of investigation from the Drug Abatement Division and have any additional questions, please contact the assigned Investigator at the number provided in your letter.

Physiology & Survival Training

Friday, April 26, 2024

Airman Education Programs offer aviation physiology and post crash survival courses for general aviation pilots, aircrew, and passengers at our facility in Oklahoma City, Oklahoma.

Important: The in-person Aerospace Physiology and Basic Survival training are on hold at this time due to the COVID public health emergency. We will update the site as this changes.

Please check out our newest publications: