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14
and behavioral cues that may indicate drug use and abuse. the FAA Federal Air Surgeon and the employer has ensured
Employers must also implement an education program for that the employee meets the return-to-duty requirements of
safety-sensitive employees by displaying and distributing Part 40. (Medical certificates are not operating certificates,
informational materials, a community service hotline tele- but employees cannot continue to perform airman duties
phone number for employee assistance, and the employer's without a medical certificate.)
policy regarding drug use in the workplace. The policy must
include information regarding the consequences under the According to FAA regulation 14 CFR Part 120, Subpart
rule of using drugs while performing safety-sensitive func- E, Section 120.113(d), when a MRO verifies a drug test result
tions, receiving a verified positive drug test result, or refus- or a SAP performs the initial evaluation, he or she must ask
ing to submit to a drug test required under the rule. the employee whether he or she holds or would be required to
hold an airman medical certificate issued under 14 CFR Part
Employee training (alcohol): Employers must provide 67 of this chapter to perform a safety-sensitive function for
covered employees with educational materials that explain the employer. (This requirement applies only to MROs and
the alcohol misuse requirements and the employer's poli- SAPs who provide services for FAA-regulated employers.) If
cies and procedures with respect to meeting those require- the employee answers in the affirmative, the employee must
ments. The information must be distributed to each covered obtain an airman medical certificate issued by the Federal Air
employee and must include information such as the effects of Surgeon dated after the drug and/or alcohol violation date.
alcohol misuse on an individual's health, work, and personal
life; signs and symptoms of an alcohol problem; and the con- The SAP must wait until the employee obtains the air-
sequences for covered employees found to have violated the man medical certificate before reporting to an employer that
regulatory prohibitions. the employee demonstrated successful compliance with the
SAP's treatment and/or education recommendations.
Supervisor training (drugs): One hour of training is
required on the specific, contemporaneous physical, behav-
ioral, and performance indicators of probable drug use. In MARITIME
addition, supervisors must receive employee training as
defined earlier. Reasonable recurrent training is also required. The maritime industry, regulated by the USCG, has approxi-
mately 100,955 employees subject to testing (Swart, personal
Supervisor training (alcohol): One hour of training is communication, Nov. 15, 2010). Note that the USCG trans-
required on the physical, behavioral, speech, and perfor- ferred to the Department of Homeland Security in 2003, but
mance indicators of probable alcohol misuse. still conducts drugs testing under the DOT rules.
Reportable employee drug and alcohol violation: Each Employees who must be tested: A person who is on
employer must notify the FAA about any covered employee board a vessel acting under the authority of a license, cer-
who holds a certificate issued under 14 CFR Parts 61 (pilots tificate of registry, or merchant mariner's document. Also, a
and flight and ground instructors), 63 (flight engineers and person engaged or employed on board a U.S.-owned vessel
navigators), or 65 (air traffic control tower operators, air- and such vessel is required to engage, employ, or be oper-
craft dispatchers, airframe or power plant mechanics, and ated by a person holding a license, certificate of registry, or
repairmen) who has refused to take a drug or alcohol test. merchant mariner's document.
The MRO may report a positive or refusal (i.e., adulterated
results, substituted results, or no medical explanation for pro- Types of tests for drugs: Pre-employment, periodic, ran-
viding an insufficient specimen) on behalf of the employer. dom, reasonable cause, post-serious marine incident (SMI),
return-to-duty, and follow-up. For the year 2011, the mini-
Each employer must notify the FAA about any safety-sen- mum random drug-testing rate was set at 50%.
sitive employee who is required to hold an airman medical
certificate issued under 14 CFR Part 67 who has a positive Types of tests for alcohol: 49 CFR Part 40 alcohol-test-
drug test result, an alcohol test result of 0.040 or greater, or ing requirements do not apply to the maritime industry. 46
who has refused to submit to testing. The MRO may report CFR Part 4.06 requires post-SMI chemical testing for alco-
a positive or refusal (i.e., adulterated results, substituted hol use. 33 CFR Part 95.035 allows for a marine employer or
results, or no medical explanation for providing an insuf- a law enforcement officer to direct an individual to undergo
ficient specimen) on behalf of the employer. a chemical test for intoxicants when reasonable cause exists
or a marine casualty has occurred.
Each employer must not permit an employee who is
required to hold a medical certificate under Part 67 to per- Definition of accident requiring testing: In general,
form a safety-sensitive function to resume that duty until the an SMI is a discharge of 10,000 gal or more of oil into
employee has received a new medical certificate issued by the navigable waters of the United States, whether or not
