49 U.S.C. § 45104 — Testing and laboratory requirements

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 449 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section tells the FAA what standards its testing rules must meet: protecting privacy, using reliable certified labs, confirming positive results with a second scientific test, letting a worker request an independent retest, and keeping results confidential except for enforcing sanctions. Tests must also be assigned fairly, without singling anyone out.

In carrying out the testing program from section 45102, the FAA Administrator must write rules that: (1) protect individual privacy as much as practical when collecting samples; (2) follow 1988 federal health-agency scientific guidelines (and later updates) for drug-testing labs and procedures, including comprehensive lab standards, reliable technology, strict chain-of-custody rules (A), the minimum list of drugs tested for (B), and standards for periodically reviewing and certifying (or decertifying) labs (C); (3) require that any lab doing this testing can do both screening and confirmation tests on-site; (4) require that any positive result be confirmed using a scientifically recognized method that gives quantitative results; (5) require that each sample be split, sealed, and labeled in front of the person tested, with part kept safely so that, if the first confirmation test is positive, the person can request an independent second confirmation test at another certified lab within 3 days of learning the first result; (6) ensure proper safeguards for testing alcohol in breath, urine, and blood, developed in consultation with the Department of Health and Human Services; (7) keep test results and medical information confidential, except that results can still be used to impose the sanctions this chapter allows; and (8) make sure employees are chosen for testing fairly and impartially, so no one is singled out and treated differently from others in similar situations.

the actual law source: uscode.house.gov ↗public domain

In carrying out section 45102 of this title, the Administrator of the Federal Aviation Administration shall develop requirements that—

(1)

promote, to the maximum extent practicable, individual privacy in the collection of specimens;

(2)

for laboratories and testing procedures for controlled substances, incorporate the Department of Health and Human Services scientific and technical guidelines dated April 11, 1988, and any amendments to those guidelines, including mandatory guidelines establishing—

(A)

comprehensive standards for every aspect of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this chapter, including standards requiring the use of the best available technology to ensure the complete reliability and accuracy of controlled substances tests and strict procedures governing the chain of custody of specimens collected for controlled substances testing;

(B)

the minimum list of controlled substances for which individuals may be tested; and

(C)

appropriate standards and procedures for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled substances testing in carrying out this chapter;

(3)

require that a laboratory involved in controlled substances testing under this chapter have the capability and facility, at the laboratory, of performing screening and confirmation tests;

(4)

provide that all tests indicating the use of alcohol or a controlled substance in violation of law or a United States Government regulation be confirmed by a scientifically recognized method of testing capable of providing quantitative information about alcohol or a controlled substance;

(5)

provide that each specimen be subdivided, secured, and labeled in the presence of the tested individual and that a part of the specimen be retained in a secure manner to prevent the possibility of tampering, so that if the individual’s confirmation test results are positive the individual has an opportunity to have the retained part tested by a 2d confirmation test done independently at another certified laboratory if the individual requests the 2d confirmation test not later than 3 days after being advised of the results of the first confirmation test;

(6)

ensure appropriate safeguards for testing to detect and quantify alcohol in breath and body fluid samples, including urine and blood, through the development of regulations that may be necessary and in consultation with the Secretary of Health and Human Services;

(7)

provide for the confidentiality of test results and medical information (except information about alcohol or a controlled substance) of employees, except that this clause does not prevent the use of test results for the orderly imposition of appropriate sanctions under this chapter; and

(8)

ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee is harassed by being treated differently from other employees in similar circumstances.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1222.)

history & why it existsrecord from the source credit

1994Enacted · Pub. L. 103-272 · 108 Stat. 1222

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

all 0 arguments · sorted by: best

no arguments yet — make the first case