49 U.S.C. § 45102 — Alcohol and controlled substances testing programs
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 454 words · no verdicts yet
The FAA must require airlines to drug- and alcohol-test pilots, crew, screeners, and other safety-sensitive employees before hiring, when there's reasonable suspicion, randomly, and after accidents. The FAA must run a similar testing program for its own safety-sensitive employees. Anyone whose confirmed test shows illegal alcohol or drug use can have their certificate suspended or revoked, or be disqualified or fired.
(a) Airline and foreign airline employees. The FAA Administrator must write rules requiring airlines and foreign airlines to drug-test pilots, crew, airport screeners, and other safety-sensitive employees (as the Administrator defines that group) before hiring them, when there's reasonable suspicion, randomly, and after accidents. The same employees must be alcohol-tested on reasonable suspicion, randomly, and after accidents; the rules must also let airlines test for alcohol before hiring, if they choose. When the Administrator thinks it's needed for safety, the Administrator may also require periodic recurring drug or alcohol tests for these employees.
(b) FAA employees. The Administrator must set up the same kind of program — before-hiring, reasonable-suspicion, random, and post-accident drug testing, plus reasonable-suspicion, random, and post-accident alcohol testing — for FAA employees whose jobs involve safety-sensitive duties, and may add before-hiring alcohol testing too. The Administrator may likewise require periodic recurring testing when needed for safety.
(c) Penalties. When writing these testing rules, the Administrator must require — as appropriate — that a certificate be suspended or revoked, or that the individual be disqualified or fired, whenever a confirmed test shows the person used alcohol or a controlled substance illegally.
In the interest of aviation safety, the Administrator of the Federal Aviation Administration shall prescribe regulations that establish a program requiring air carriers and foreign air carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of airmen, crew members, airport security screening personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of a controlled substance in violation of law or a United States Government regulation; and to conduct reasonable suspicion, random, and post-accident testing of airmen, crew members, airport security screening personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of alcohol in violation of law or a United States Government regulation. The regulations shall permit air carriers and foreign air carriers to conduct preemployment testing of airmen, crew members, airport security screening personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of alcohol.
When the Administrator considers it appropriate in the interest of safety, the Administrator may prescribe regulations for conducting periodic recurring testing of airmen, crewmembers, airport security screening personnel, and other air carrier employees responsible for safety-sensitive functions for the use of alcohol or a controlled substance in violation of law or a Government regulation.
The Administrator shall establish a program of preemployment, reasonable suspicion, random, and post-accident testing for the use of a controlled substance in violation of law or a United States Government regulation for employees of the Administration whose duties include responsibility for safety-sensitive functions and shall establish a program of reasonable suspicion, random, and post-accident testing for the use of alcohol in violation of law or a United States Government regulation for such employees. The Administrator may establish a program of preemployment testing for the use of alcohol for such employees.
When the Administrator considers it appropriate in the interest of safety, the Administrator may prescribe regulations for conducting periodic recurring testing of employees of the Administration responsible for safety-sensitive functions for use of alcohol or a controlled substance in violation of law or a Government regulation.
In prescribing regulations under the programs required by this section, the Administrator shall require, as the Administrator considers appropriate, the suspension or revocation of any certificate issued to an individual referred to in this section, or the disqualification or dismissal of the individual, under this chapter when a test conducted and confirmed under this chapter indicates the individual has used alcohol or a controlled substance in violation of law or a Government regulation.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1221; Pub. L. 104–59, title III, § 342(d), Nov. 28, 1995, 109 Stat. 609; Pub. L. 107–71, title I, § 139(1), Nov. 19, 2001, 115 Stat. 640.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1221
- 1995Amended · Pub. L. 104-59 · 109 Stat. 609
- 2001Amended · Pub. L. 107-71 · 115 Stat. 640
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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