The Omnibus Transportation Employee Testing Act of 1991 requires drug and alcohol testing for "safety sensitive" transportation employees. Such employees work across the transportation field including aviation, trucking, rail, mass transit and pipelines.
1. Who is Subject
FAA
- Flight crews
- Flight attendants
- Flight instructors
- Air traffic controllers at facilities not operated by the FAA or under contract to the U.S. military
- Aircraft dispatchers
- Aircraft maintenance personnel
- Preventative maintenance personnel
- Ground security coordinators
- Aviation screeners
- Direct or contract employees of 14 CFR Part 121 or 135 certificate holders
- Section 91.147 operators and air traffic control facilities not operated by the FAA or under contract to the U.S. Military.
Commercial Motor Carriers
- CDL holders who operate a commercial motor vehicle with a gross vehicle weight of 26,001 pounds or greater
- CDL holders who operate a vehicle that carries more than 16 passengers including the driver
- CDL holders operating a commercial motor vehicle that is required to display a D.O.T. placard
Maritime
- Crew members operating a commercial vessel
Railroad
- Hours of Service Act personnel
- Engine and train operators
- Signal service operators
- Train dispatchers
2. Regulations
- May not possess or use alcohol or illicit drugs while working
- May not report for duty or remain on duty if under the influence of alcohol or illicit drugs
- May not work if he/she possesses a blood alcohol content of 0.04 or greater
- Must not use alcohol within 4 hours (8 hours for flight crew and flight attendants) of reporting for service or after receiving notice to report
- He/she may not refuse to take a drug test
- He/she cannot adulterate the specimen
- Urine is tested for Marijuana/THC, cocaine, amphetamines (including methamphetamines), opiates such as heroin, morphine, codeine and phencyclidine (PCP)
3. When Is Someone Tested
- Pre-employment
- Reasonable suspicion/cause
- Random
- Return to duty
- Follow-up
- Post-accident
4. What Constitutes Refusal to Drug Test
- He/she fails to appear for drug test
- He/she fails to remain until testing is complete
- He/she fails to provide a specimen with no medical reason for not doing so
- He/she fails to provide a sufficient urine specimen or breath sample when no medical reason for inability
- He/she fails to permit observation
- He/she fails to take second test as directed
5. Consequences for Failing a Drug Test
Failing to drug test results whether you test positive or refuse to test
- You are immediately removed for DOT regulated functions
- Cannot return until have undergone an evaluation by a Substance Abuse Professional (SAP), successfully completed prescribed treatment by SAP, and provide a negative drug test
