§45102 — Title 49 Transportation | U.S. Code

Summary

The FAA Administrator must write rules that make airlines, including foreign ones, test pilots, flight crew, airport security screeners, and other safety-sensitive airline workers for illegal drugs and alcohol. For illegal drugs, carriers must do pre-employment, reasonable-suspicion, random, and post-accident tests. For alcohol, carriers must do reasonable-suspicion, random, and post-accident tests, and they may also do pre-employment alcohol tests. When the Administrator thinks it is needed for safety, they can also require periodic recurring testing for drugs or alcohol. The FAA must also set up the same testing programs for its own employees who do safety-sensitive work: drug tests (pre-employment, reasonable-suspicion, random, post-accident) and alcohol tests (reasonable-suspicion, random, post-accident), and it may do pre-employment alcohol tests. If a confirmed test shows illegal drug or alcohol use that breaks federal law or rules, the Administrator must require suspension or revocation of any certificate the person holds or require the person be disqualified or dismissed.

Title 49, §45102

Transportation — Source: USLM XML via OLRC

(a)(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)(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)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