How’s Marshall?
July 26, 2021 | Categories:
ARSA News & Updates
On July 8, ARSA Managing Director & General Counsel Marshall S. Filler underwent successful heart surgery. He is recovering at home and is on track to continue his passion as…Read More
Request for Clarification of FAA D&A Testing Rules
April 01, 2010
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
Anti-Viral Measures
July 27, 2021 | Categories:
Advocacy, ARSA Works, Aviation Policy, EASA, FAA, Featured Post, Legislative, Maintenance, Operations, Regulatory, Training
For the use of its members and the larger aviation community, ARSA is maintaining this page as a resource for virus-related updates on policy initiatives and business needs. Please bookmark…Read More
DOT Reopens Jobs Program Applications
July 27, 2021 | Categories:
Act Now, Advocacy, ARSA News & Updates, ARSA Works, Legislative, Press Releases, Regulatory
To keep tabs on all of ARSA’s work related to the current pandemic, visit arsa.org/anti-viral-measures.
On July 26, the U.S. Department of Transportation announced it will re-open applications for the…Read More
FAA to Restart Global Leadership Meeting
On July 20, the FAA announced plans to host its 8th Annual Global Leadership Meeting in Washington, D.C. on Sept. 22-23. The event will have both in-person and online attendance…Read MoreLawmakers Explore Aviation Workforce Diversity
July 21, 2021 | Categories:
ARSA News & Updates, FAA
The House Aviation Subcommittee held a hearing July 20 to discuss enhancing diversity in the aviation workforce.
The witnesses were (click a name to download their written testimony):
Rebecca Lutte,…Read More
