When Must FAA-Regulated Employers Conduct Post-Accident Testing?

FAA post-accident testing under 14 CFR Part 120 reaches more than the flight crew. It covers each employee, including a helper or trainee, who performs a safety-sensitive function directly or by contract, including by subcontract at any tier. The nine functions are flight crewmember, flight attendant, flight instruction, aircraft dispatcher, aircraft maintenance or preventive maintenance, ground security coordinator, aviation screening, air traffic control and operations control specialist duties (14 CFR 120.105, 14 CFR 120.215).

What counts as an accident. For Part 120, an accident is an occurrence associated with the operation of an aircraft, between the time any person boards with the intention of flight and the time the last person disembarks, in which a person suffers death or serious injury or the aircraft receives substantial damage (14 CFR 120.7(a)).

Who is tested. The employer tests each employee who performs a safety-sensitive function if that employee's performance either contributed to the accident or cannot be completely discounted as a contributing factor (14 CFR 120.109(c), 14 CFR 120.217(b)(1)). The test is not limited to the flight crew. It reaches any employee performing a safety-sensitive function listed in 14 CFR 120.105 and 120.215, such as aircraft dispatcher or aircraft maintenance duties, when that employee's performance contributed or cannot be completely discounted.

Deciding not to test. A decision not to test must be based on a determination, using the best information available at the time of the determination, that the employee's performance could not have contributed to the accident (14 CFR 120.109(c)). The alcohol rule uses the same standard and refers to the best available information (14 CFR 120.217(b)(1)). Documents generated in connection with decisions on post-accident alcohol tests are kept for two years (14 CFR 120.219(a)(2)(ii)(C)).

Time limits.

• Drugs. As soon as possible but not later than 32 hours after the accident (14 CFR 120.109(c))
• Alcohol. If not done within 2 hours, the employer records why. After 8 hours, the employer stops trying and keeps the record. Records go to the FAA on request (14 CFR 120.217(b)(2))

Employee duties. The employee submits to post-accident testing (14 CFR 120.109(c)). For alcohol testing, an employee who does not remain readily available may be treated as having refused the test. The rule does not delay medical care, and an employee may leave the scene to get help or emergency care (14 CFR 120.217(b)(3)).

Testing follows the procedures in 49 CFR Part 40. A service agent cannot act as the designated employer representative (49 CFR 40.3, 49 CFR 40.15(d)).

Post-accident testing by agency. Separate pages cover the FMCSA post-accident rule, the FTA post-accident rule, the PHMSA post-accident rule and the FRA post-accident rule.