FAA Regulations: Key Rules Every Employer Should Know

The Federal Aviation Administration (FAA) enforces strict drug and alcohol testing regulations for safety-sensitive positions in the aviation industry. These rules come with unique features and responsibilities that distinguish them from other Department of Transportation (DOT) modes. 

Here are key points employers, Designated Employee Representatives (DERs), and Substance Abuse Professionals (SAPs) should be familiar with.

1. The Permanent Ban After a Second Positive Test

The FAA applies a permanent ban to employees who test positive for drugs or alcohol twice.

1. If an employee has a second positive test, they are permanently barred from holding any FAA-regulated position in the future.
2. Employers cannot hire or retain these individuals in FAA positions, regardless of their role or certifications.

This rule highlights the FAA’s firm commitment to a drug-free aviation workforce.

2. Prohibitions on Pre-Safety-Sensitive Use of Alcohol

FAA regulations specify a minimum time period for avoiding alcohol use before performing safety-sensitive duties.

1. FAA Rule: Employees must abstain from alcohol for 8 hours before engaging in safety-sensitive functions.
2. FMCSA Comparison: The abstinence period is 4 hours for FMCSA-regulated employees.
3. Airlines Policy: Many airlines increase this to 12 hours for their employees.

Employers should clearly communicate these requirements and any stricter company policies to prevent violations.

3. The Importance of Knowing Part 67 Certification Holders

For cases involving pilots or other Part 67 certification holders, the Federal Air Surgeon plays a critical role.

1. These individuals are subject to additional medical oversight and FAA-specific processes.
2. Employers and SAPs should involve the Federal Air Surgeon or qualified physicians early in the process.
3. Delays or oversights can complicate cases—especially for pilots.
   
   

This step is vital for ensuring compliance and safeguarding aviation safety.

Final Thoughts

FAA regulations are among the most rigorous in the DOT, crafted to uphold safety in the aviation industry. From permanent bans for repeat violations to the specialized role of the Federal Air Surgeon, understanding these rules is essential for effective compliance.

Employers should stay proactive by educating their teams, refining internal processes, and keeping up with FAA-specific requirements. Doing so helps maintain a compliant, safety-focused operation.

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