Aviation Drug and Alcohol Testing

FAA drug and alcohol testing applies to specified employers and safety-sensitive aviation functions under 14 CFR Part 120, using the testing procedures in 49 CFR Part 40. The rules can cover employees hired directly and workers supplied through contractors or subcontractors.

This article provides general education, not legal advice. See Regulated and Safety-Sensitive Drug Testing for the shared DOT framework.

Which aviation employers are covered?

FAA’s Drug Abatement Division oversees testing for covered certificate holders and operators, including Part 119 certificate holders authorized to operate under Parts 121 and 135, certain air-tour operators under § 91.147, and covered air-traffic-control facilities. Contracting out a safety-sensitive function does not necessarily remove it from the program.

An employer should determine its regulatory status before testing. FAA guidance warns against using federal testing forms or procedures for workers who perform only non-covered functions.

Which functions are safety-sensitive?

Part 120 identifies covered duties, which include flight crewmember, flight attendant, flight instruction, aircraft dispatch, aircraft maintenance or preventive maintenance, ground security coordinator, aviation screening, and specified air-traffic-control functions. Coverage follows the function performed. A manager or contractor who performs a covered duty can be subject to testing.

Required testing situations

Covered programs include pre-employment, random, reasonable-cause or reasonable-suspicion, post-accident, return-to-duty, and follow-up testing as provided by the FAA rule. Each category has its own trigger and documentation. An employer must not use a general company incident rule in place of FAA’s criteria.

Part 40 controls collection, laboratory analysis, MRO verification, alcohol testing, refusals, and the Substance Abuse Professional process. DOT and non-DOT testing must remain separate.

Reporting to the FAA

FAA rules require specified verified positive drug results, alcohol violations, and refusals to be reported for certain certificate holders and applicants. The exact obligation depends on the certificate or medical qualification involved. Some reports must be made within two working days. Pilot records may also be subject to the Pilot Records Database requirements.

Reporting is not the same as the MRO’s verification process. The employer and MRO should identify who is responsible, what information must be sent, and the deadline. Disclosure beyond what the rule authorizes can create confidentiality problems.

What happens after a violation?

The employee must be removed from the safety-sensitive function. Returning to DOT-regulated work requires the Part 40 SAP process, successful completion of recommended education or treatment, a negative return-to-duty test, and unannounced follow-up testing. Separate FAA certificate or medical actions may also apply.

A negative return-to-duty result does not by itself guarantee reinstatement or resolve certificate issues. Employment decisions, qualification, and regulatory return-to-duty requirements are related but distinct.

Prescription medication and fitness for duty

An MRO evaluates whether a legitimate medical explanation accounts for a confirmed laboratory result. That review is not a complete aviation medical certification decision. A medication can be lawfully prescribed yet still raise fitness-for-duty or certificate concerns because of side effects or the underlying condition. Employees should follow FAA medical guidance and communicate through the appropriate medical channels.

Program administration

Covered employers need an FAA-compliant plan, qualified service agents, correct random pools and rates, supervisor training, employee education, records, reporting procedures, and oversight of contractors. Annual Management Information System reporting applies to specified employers. FAA inspections can examine both written procedures and actual implementation.

Questions employees should ask

  • Which Part 120 safety-sensitive function am I performing?
  • Is this a DOT/FAA test or a separate company test?
  • Which test reason is documented?
  • Who is the designated employer representative and MRO?
  • Does the result trigger FAA reporting or certificate review?
  • What split-specimen or review rights apply?

Sources

Legal and evidence review: October 29, 2026. Confirm the current FAA rule and guidance for the operator, certificate, and function involved.