PRIA, Government Policy, Made Personal

Summary

The FAA Administrator must write rules that make U.S. and foreign airlines test certain workers—pilots, flight crew, airport security screeners, and other employees who do safety-sensitive jobs—for illegal drug use and for alcohol that breaks federal rules. Drug testing must include checks before hiring, when there is reasonable suspicion, at random, and after an accident. Alcohol testing must include reasonable-suspicion, random, and post-accident checks, and carriers may also test for alcohol before hiring. The Administrator can also order periodic recurring tests when needed for safety. The FAA must run similar testing programs for its own employees with safety-sensitive duties. If a confirmed test shows a rule violation, the Administrator must require penalties such as suspending or revoking certificates, disqualifying, or dismissing the person.

Title 49, §45102

Transportation, Source: USLM XML via OLRC

(a)Program for Employees of Air Carriers and Foreign Air Carriers.—

(1)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.

(2)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.

(b)Program for Employees of the Federal Aviation Administration.—

(1)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.

(2)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.

(c)Sanctions.—

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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 45102(a)49 App.:1434(a)(1).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 614(a); added Oct. 28, 1991, Pub. L. 102–143, § 3(a), 105 Stat. 953. 45102(b)49 App.:1434(a)(2). 45102(c)49 App.:1434(a)(3). In subsections (a)(2) and (b)(2), the word “also” is omitted as surplus.

Editorial Notes

Amendments

2001—Subsec. (a). Pub. L. 107–71 substituted “personnel” for “contract personnel” wherever appearing. 1995—Subsec. (a)(1). Pub. L. 104–59, § 342(d)(1), added par. (1) and struck out former par. (1) which read as follows: “In the interest of aviation safety, the Administrator of the Federal Aviation Administration shall prescribe

Regulations

not later than October 28, 1992, that establish a program requiring air carriers and foreign air carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of airmen, crewmembers, airport security screening contract personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of alcohol or a controlled substance in violation of law or a United States Government regulation.” Subsec. (b)(1). Pub. L. 104–59, § 342(d)(2), added par. (1) and struck out former par. (1) which read as follows: “The Administrator shall establish a program of preemployment, reasonable suspicion, random, and post-accident testing for the use of alcohol or a controlled substance in violation of law or a Government regulation for employees of the Administration whose duties include responsibility for safety-sensitive functions.”

Statutory Notes and Related Subsidiaries

Rulemaking on Random Testing for Prohibited Drugs Pub. L. 103–305, title V, § 501, Aug. 23, 1994, 108 Stat. 1594, provided that, not later than 180 days after Aug. 23, 1994, the Secretary would complete a rulemaking proceeding and issue a final decision on whether there should be a reduction in the annualized rate required of random drug testing for personnel engaged in aviation activities.

§45102 Alcohol and Controlled Substances Testing Programs