news and stuff: C/TPA Compliance with FAA’s Drug/Alcohol Testing Requirements

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The Federal Aviation Administration (FAA) Drug Abatement Division (AAM-800) would like to remind you that C/TPAs are required to ensure the services they provide are in compliance with regulatory requirements.

The FAA's drug and alcohol testing regulation, 14 CFR part 120, requires an aviation employer to document their program in accordance with 14 CFR §§ 120.117 and 120.225, based on the type of operation:

An Operations Specification paragraph (A449) would apply to a part 121 or 135 operator, or a repair station that elects to conduct its own testing.
A Letter of Authorization (LOA) paragraph (A049) would apply to an air tour operator as defined in 14 CFR § 91.147.
A registration is applicable to an air traffic control facility not operated by the FAA/U.S. Military, or a contractor that elects to conduct its own testing.

The certification under an A449, A049, or registration gives the employer or contractor the authority to conduct federal testing of its employees under 14 CFR part 120. When an employer hires a C/TPA to manage its random drug and alcohol testing program, the C/TPA is obligated under 49 CFR § 40.347(b)(2) to ensure that only employees covered by DOT agency drug and alcohol testing are part of the random testing pool.

The easiest way for you to verify the aviation employees you add to the random testing pool are covered is to request and obtain a copy of the aviation employer's A449, A049, or registration. Failure to verify employees are covered under a DOT agency regulation is a violation of 49 CFR § 40.347(b)(2) and may trigger a Public Interest Exclusion (PIE) in accordance with 49 CFR § 40.365(b)(14).

You can also find additional information in our FAQ.

Applicable Regulations: