Which Aviation Employees Are Subject to FAA Drug and Alcohol Testing?

FAA drug and alcohol testing rules are in 14 CFR Part 120, and testing follows the DOT procedures in 49 CFR Part 40. Part 120 applies to Part 119 certificate holders that conduct operations under Part 121 or Part 135, to air traffic control facilities not operated by the FAA or by or under contract to the U.S. military, and to operators as defined in 14 CFR 91.147. It also applies to individuals who perform a safety-sensitive function directly or by contract for such an employer, to Part 145 repair stations in the United States that elect to implement a testing program, and to contractors that elect to implement one (14 CFR 120.1).

Under 14 CFR 120.105, each employee who performs one of these safety-sensitive functions for an employer is subject to drug testing:

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

Coverage is broad. It includes any assistant, helper, or individual in a training status, and full-time, part-time, temporary, and intermittent employees regardless of the degree of supervision. It reaches functions performed directly or by contract, including by subcontract at any tier (14 CFR 120.105). The same nine functions define who is subject to FAA alcohol testing (14 CFR 120.215(a)).

An employee can perform functions regulated by more than one DOT agency. For alcohol testing, the employer identifies any such employee and, before each test, determines which DOT agency authorizes or requires the test (14 CFR 120.215(b)).

Coverage is expanding for repair stations outside the United States. Beginning December 20, 2027, Part 120 applies to Part 145 certificate holders located outside the territory of the United States whose employees perform safety-sensitive maintenance functions on Part 121 air carrier aircraft. Section 120.5, which requires testing to follow the procedures in 49 CFR Part 40, and Subparts E and F, which set the drug and alcohol testing program rules, do not apply to a repair station outside the United States that has obtained recognition under 14 CFR 120.10 (14 CFR 120.1(d)). The FAA adopted this change in a final rule published December 18, 2024 (89 FR 103416).

Covered employees are subject to the FAA test types in Part 120, including post-accident testing.