You can provide your own program, however due to the amount of paperwork
and time required we recommend hiring a consortium. They have become very
affordable and will save you a great deal of time. There are several companies
available, a full list is available from the FAA at www.faa.gov. Either way remember that the operator is responsible for the program and maintaining compliance!
Who must have a drug program?
An employer that is a part 121 certificate holder, a part 135 certificate
holder, an operator as defined in § 135.1(c) of the Federal Aviation
Regulations, or an air traffic control facility not operated by the FAA
or by or under contract to the U.S. military. NOTE: An employer may use
a person who is not included under that employer's drug program to perform
a safety-sensitive function, if that person is subject to the requirements
of another employer's FAA-approved antidrug program.
Who must be tested?
Each person who performs a safety-sensitive function directly or by
contract for an employer must be tested pursuant to an FAA-approved antidrug
program, that includes those who perform:
- Flight crewmember duties.
- Flight attendant duties.
- Flight instruction duties.
- Aircraft dispatcher duties.
- Aircraft maintenance or preventive maintenance duties.
- Ground security coordinator duties.
- Aviation screening duties.
- Air traffic control duties.
Types of Drug Testing Required
Each employer must conduct the following types of testing in accordance
with the procedures set forth in Appendix I to Part 121 and the DOT "Procedures
for Transportation Workplace Drug Testing Programs" (49 CFR part
40):
Pre-employment Testing
Prior to the first time an individual performs a safety-sensitive function
for an employer, the employer shall require the individual to undergo
testing for prohibited drug use. Exceptions apply in some cases. For example
if the employee previously performed a covered function, of if the person
was removed from the the program and being reinstated.
Periodic Testing
Each employee who performs a safety-sensitive function for an employer
and who is required to undergo a medical examination under FAR part 67
must submit to a periodic drug test. The employee must be tested for the
presence of marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines,
or a metabolite of those drugs during the first calendar year of implementation
of the employer's antidrug program. The tests must be conducted in conjunction
with the first medical evaluation of the employee or in accordance with
an alternative method for collecting periodic test specimens detailed
in an employer's approved antidrug program. An employer may discontinue
periodic testing of its employees after the first calendar year of implementation
of the employer's antidrug program when the employer has implemented an
unannounced testing program based on random selection of employees.
Random testing
The minimum annual percentage rate for random drug testing is 50 percent
of covered employees.
The Administrator's decision to increase or decrease the minimum annual
percentage rate for random drug testing is based on the reported positive
rate for the entire industry. Each year, the Administrator will publish
in the Federal Register {See 59 FR 62218 - Ed.} the minimum annual percentage
rate for random drug testing of covered employees. The new minimum annual
percentage rate for random drug testing will be applicable starting January
1 of the calendar year following publication.
Post-accident Testing
Employers must test each employee who performs a safety-sensitive function
for the presence of marijuana, cocaine, opiates, phencyclidine (PCP),
and amphetamines, or a metabolite of those drugs in the employee's system
if that employee's performance either contributed to an accident or can
not be completely discounted as a contributing factor to the accident.
The employee shall be tested as soon as possible but not later than 32
hours after the accident. The decision not to administer a test under
this section must be based on a determination, using the best information
available at the time of the determination, that the employee's performance
could not have contributed to the accident. The employee shall submit
to post-accident testing under this section.
Testing Based on Reasonable Cause
Each employer must test each employee who performs a safety-sensitive
function and who is reasonably suspected of using a prohibited drug. Each
employer must test an employee's specimen for the presence of marijuana,
cocaine, opiates, phencyclidine (PCP), and amphetamines, or a metabolite
of those drugs. An employer may test an employee's specimen for the presence
of other prohibited drugs or drug metabolites only in accordance with
appendix I and the DOT "Procedures for Transportation Workplace Drug
Testing Programs" (49 CFR part 40). At least two of the employee's
supervisors, one of whom is trained in detection of the symptoms of possible
drug use, shall substantiate and concur in the decision to test an employee
who is reasonably suspected of drug use; provided, however, that in the
case of an employer other than a part 121 certificate holder who employs
50 or fewer employees who perform safety-sensitive functions, one supervisor
who is trained in detection of symptoms of possible drug use shall substantiate
the decision to test an employee who is reasonably suspected of drug use.
The decision to test must be based on a reasonable and articulable belief
that the employee is using a prohibited drug on the basis of specific
contemporaneous physical, behavioral, or performance indicators of probable
drug use.
Follow-up Testing
Employers also must implement a reasonable program of unannounced testing
of each individual who has been hired to perform or who has been returned
to the performance of a safety-sensitive function after refusing to submit
to a required drug test.
|
