A Complete Guide to FAA Drug & Alcohol Testing Program Requirements

Managing a drug and alcohol testing program under the Federal Aviation Administration (FAA) is one of the most high-stakes responsibilities in aviation HR. For Designated Employer Representatives (DERs) and safety directors, compliance isn't just about passing an audit—it’s about ensuring the safety of the National Airspace System.

This guide breaks down the complex requirements of 14 CFR Part 120 and 49 CFR Part 40, covering who must be tested, recent regulatory updates for 2024-2025, and best practices to keep your program audit-ready.

Who Must Establish a Program?

Not every aviation company has the same requirements. The FAA distinguishes between certificate holders and other operators. Generally, you must implement a DOT/FAA-compliant testing program if you are:

• Part 121 or 135 Certificate Holders: Air carriers and operators for compensation or hire.
• Part 145 Repair Stations: If you elect to have your own program or if your employees perform safety-sensitive duties for a carrier.
• Part 91.147 Operators: Air tour operators.
• Air Traffic Control Facilities: Those not operated by the FAA or US Military.
• Contractors: Companies opting to have their own program while performing safety-sensitive functions for the above entities.

The "Safety-Sensitive" Definition

If your employees perform any of the following duties, they must be included in your testing pool:

• Flight crewmember duties
• Flight attendant duties
• Flight instruction duties
• Aircraft dispatcher duties
• Aircraft maintenance or preventive maintenance duties
• Ground security coordinator duties
• Aviation screening duties
• Air traffic control duties
• Operations control specialist duties

Types of Testing Required

The FAA requires testing at specific "trigger points." Missing one of these is a common cause for audit findings.

• Pre-Employment:
  • Drugs: You must receive a verified negative result before the employee performs the first safety-sensitive function.
  • Alcohol: Optional for pre-employment, but if you choose to do it, you must test all safety-sensitive applicants consistently.
• Random Testing:
  • Tests must be unannounced and spread reasonably throughout the calendar year.
  • Current Minimum Rates (2024-2025):
    • Drugs: 25% of the average number of safety-sensitive employees.
    • Alcohol: 10% of the average number of safety-sensitive employees.
  • Post-Accident:
    • Required if an employee's performance either contributed to an accident or cannot be completely discounted as a contributing factor.
    • Timeframes: Alcohol testing should occur within 2 hours (8 hours max). Drug testing must occur within 32 hours.
  • Reasonable Suspicion:
    • Based on specific, contemporaneous, articulable observations of appearance, behavior, speech, or body odors.
    • Tip: Only a trained supervisor can make this determination.
  • Return-to-Duty & Follow-Up:
    • Required for employees who have violated regulations (e.g., positive test) and completed the Substance Abuse Professional (SAP) process.

Critical Updates: 2024-2025 Regulatory Landscape

Staying compliant means staying current. Here are the major shifts DERs need to watch.

The Status of Oral Fluid Testing

While the DOT published a final rule authorizing oral fluid (saliva) testing to provide flexibility and combat cheating, implementation in aviation has been delayed.

• The Bottleneck: As of early 2025, employers technically can use oral fluids, but only if at least two laboratories have been certified by HHS to process these specific tests (one for the primary specimen, one for the split).
• DER Action Item: Do not switch to oral fluid testing yet. Continue using urine collections until HHS certifies the necessary labs and your service agents (C/TPAs) give the green light.

Foreign Repair Stations

A new rule effective December 2024 impacts repair stations outside the U.S. If your employees perform maintenance on Part 121 aircraft, you may now face stricter testing requirements. Ensure your international vendors are aware of this shift to avoid liability.

Record Keeping: What to Keep and For How Long

The FAA is strict about document retention. Missing records = finding of non-compliance.

Note on Digital Records: You are permitted to keep records electronically, but they must be "easily accessible, legible, and formatted" for an inspector. A disorganized Google Drive folder often fails this standard during an inspection.

How to Register Your Program

If you are a contractor or an air traffic control facility, you cannot simply "start testing." You must register with the FAA.

1. Determine Your Status: Part 121/135 certificate holders get an Operations Specification (A449) from their Principal Operations Inspector (POI). You do not "register" separately.
2. Contractors/Opt-In: Download the registration form from the FAA Drug Abatement Division website.
3. Submission: Submit your registration to drugabatement@faa.gov.
4. Wait for Authorization: You cannot begin testing as an FAA-mandated program until your registration is processed and active.

Best Practices for DERs

Acting as a DER is a distinct skill set. Here is how top-performing DERs protect their companies:

• Audit Your C/TPA: You are responsible for your service agent's mistakes. If your Consortium/Third-Party Administrator (C/TPA) misses a random draw, you are liable. Request quarterly reports to verify percentages.
• Standardize Notification: When notifying an employee of a random test, do it discretely and ensure they proceed immediately to the collection site. "End of shift" or "after lunch" is not acceptable and can be cited as a refusal to test.
• Mock Audits: Don't wait for the FAA. Conduct an internal "mock audit" annually. Check that your supervisor training records are up to date—this is the https://www.google.com/search?q=%231 low-hanging fruit for inspectors.

Simplify Compliance with Nexus

Managing 5-year retention schedules, random pool percentages, and changing regulations like oral fluid testing can overwhelm standard HR teams. Nexus Software Systems centralizes your compliance, automating random selections and digitizing your record-keeping so you are always audit-ready.

Need to streamline your FAA compliance?

Contact Nexus Software Systems today to see how our platform safeguards your license and your workforce.