Join ARSA Ask ARSA Pay ARSA

Request for Clarification of FAA D&A Testing Rules

On April 1, 2010, ARSA again requested clarification of the Federal Aviation Administration (FAA) anti-drug and alcohol rules. This time, ARSA seeks to resolve uncertainty surrounding an employee’s permanent disqualification from service and the implications of a “shy bladder” refusal to test for individuals in a follow-up testing program.

In plain terms, an employee with two verified positive drug tests is permanently barred from performing safety-sensitive duties for any employer (14 CFR § 120.111(e)(1)); essentially, two strikes and you’re out. Before allowing a covered employee to return to safety-sensitive work after testing positive for drugs (first strike), an employer must comply with follow-up testing requirements (14 CFR § 120.109). If, during the follow-up tests, the employee cannot provide an adequate sample for testing—referred to as a “shy bladder”—it is considered a refusal to test if the circumstance is not the result of a medical condition (49 CFR §§ 40.193(d)(2) and 40.191(a)(5)).

Although the terms “refusal to submit to drug test” and “verified positive drug test result” are separately defined (14 CFR § 120.7), questions have arisen when the “refusal” occurs during the course of follow-up testing; that a refusal in this context is a second strike.

Compounding the issue, questions crop up as to the handling of the individual if such a refusal is not a second strike. If the person holds an FAA certificate under parts 61, 63 or 65, the drug and alcohol rules provide specific consequences for a refusal to test (14 CFR §§ 120.11, 120.13 and 120.15). However, for safety-sensitive employees not certificated by the FAA, an employer is instructed to direct the individual to the follow-up testing program; seemingly, such persons could repeatedly “refuse to test” and simply re-start the follow-up program after each occurrence.



More from ARSA

2025 Annual Conference – Locking in Speakers

March 18-21, 2025 Event Information | Registration | Sponsors | Hotel (Book by Feb. 21) Arlington, Virginia and Washington, D.C. with Livestream Options Caitlin Locke, executive director of the FAA’s Aircraft Certification…Read More

ARSA Closed for Washington’s Birthday*

ARSA’s office is closed on Monday, Feb. 17 in observance of Washington’s Birthday* in the United States. During this time, executive team members are available via mobile device and voicemails…Read More

ARSA Joins Workforce Grant Application

On Feb. 5, the aviation non-profit Choose Aerospace, which administers ARSA’s annual scholarship in addition to providing a maintenance-focused curriculum for student and employee development programs, included the association on…Read More

ARSA Remembers – Hugh McElroy

Hugh McElroy, long time ARSA supporter and former board member who never stopped serving the aviation community, died on Feb. 2 after an 18 month battle with cancer. McElroy’s career…Read More

Training from ARSA’s Experts at New Vertical Aviation Event

Next month, as it prepares for the 2025 ARSA Annual Conference, the association’s team will make a special appearance at the inaugural edition of VERTICON (formerly HELI-EXPO) in Dallas, Texas.…Read More
ARSA