Volume 6SURVEILLANCE

chapter 1PART91 INSPECTIONS

Section6Alcohol or Drug Testing of Flight Crewmembers

6-144PURPOSE. This section provides procedures for inspectors in the handling and processing of drug and alcohol tests of flight crewmembers. It also provides guidance regarding the refusal by a flight crewmember to submit to testing.

6-145DISCUSSION.

A.Flight Standards inspectors must use all available resources to prevent any person from acting, or attempting to act, as a crewmember while that person is under the influence of alcohol or drugs. This applies to crewmembers employed by air carriers and those conducting general aviation operations. Title14 of the Code of Federal Regulations (14CFR)part91, section (§)91.17(a) prohibits any person from acting or attempting to act as a crewmember of a civil aircraft:
  • Within 8hours after the consumption of any alcoholic beverage;
  • While under the influence of alcohol;
  • While using any drug that affects the person’s faculties in any way contrary to safety; or
  • While having an alcohol concentration of 0.04% or greater in a blood or breath specimen.
B.A refusal to submit to an alcohol test when requested by a law enforcement officer in accordance with §91.17(c), or a refusal to furnish or authorize the release of the test results requested by the Administrator in accordance with §91.17(c) or(d).

6-146REGULATORY REFERENCES.

A.Section61.14, Refusal To Submit to a Drug or Alcohol Test.
B.Section61.15, Offenses Involving Alcohol or Drugs.
C.Section61.16. Refusal To Submit to an Alcohol Test or To Furnish Test Results.
D.Flight Standards inspectors are not authorized to require a flight crewmember to submit to a drug or alcohol test. The FAA may only obtain such test by advising management personnel of crewmembers employed by air carriers (see below for more guidance) and/or by asking the state or local law enforcement officers to request the test.
E.In situations when drug and/or alcohol tests cannot be conducted under the air carrier’s DOT/FAAmandated testing program, the FAA may only obtain a drug and/or alcohol test by asking the state or local law enforcement officers to request such a test. Flight Standards is responsible for conducting the investigation and notifying the office of Aerospace Medicine, Medical Specialties Division, AAM200, (202)2678035, of an airman who has a positive drug test result, alcohol violation, or a refusal to submit to testing on a test administered by law enforcement personnel.
F.If a flight crewmember operating under 14CFR part121 or135 appears to have signs and symptoms of probable drug and/or alcohol use, the FAA inspector should contact the air carrier employing the crewmember and advise its supervisory personnel that action by the air carrier may be warranted under part121, appendicesI andJ, reasonable cause/suspicion testing. The air carrier’s supervisory personnel trained in the detection of reasonable cause/suspicion determinations must follow the regulatory requirements in making the reasonable cause/suspicion determination. If the determination to conduct testing is made, the flight crewmember is required to submit to testing under the regulations. The Office of Aerospace Medicine, Drug Abatement Division, has the oversight responsibility regarding the DOT/FAAmandated drug and alcohol testing programs, to include responding to questions, inspection of aviation companies and investigations. The Drug Abatement Division also is responsible for the investigation of an airman holding a medical certificate issued under 14CFRpart67 and has a positive result drug test result, alcohol violation or a refusal to submit to testing administered under the DOT/FAA regulations. If Flight Standards becomes aware of a positive drug test result, alcohol violation or a refusal to submit to testing, conducted under the air carrier’s DOT/FAAmandated testing program or law enforcement test, that information should be directed to the Drug Abatement Division, Special Investigations and Enforcement Branch, AAM830, (202)2678442.

RESERVED. Paragraphs6147 through6164.