Quick Answer

FAA drug and alcohol testing combines 14 CFR Part 120 with 49 CFR Part 40. Aviation employers must classify work by function, while some certificate holders also face separate FAA medical or airman-certificate consequences.

Governing Rules

The controlling industry rule is 14 CFR Part 120, used with 49 CFR Part 40.

Who Is Covered

• Flight crewmember, flight attendant, flight instruction, aircraft dispatch, aircraft maintenance or preventive maintenance, ground security coordinator, aviation screening, air traffic control, and operations-control-specialist functions when Part 120 applies.
• Covered employees of air carriers, operators, air tour operators, specified air traffic facilities, and covered contractors.

Who Is Not Automatically Covered

• Every employee of an airline or airport.
• Aviation-adjacent work that is not a listed safety-sensitive function.
• Medical-certification review treated as a substitute for the employer's Part 40 process.

What Triggers the SAP Return-to-Duty Process

A verified positive DOT drug test, a DOT alcohol violation, or a refusal defined by Part 40 or the industry rule requires immediate removal from covered safety-sensitive functions and completion of Part 40 Subpart O before return.

Return-to-Duty Process

The employee completes a SAP evaluation and the recommended education or treatment, then returns to the same SAP for a follow-up evaluation. After the SAP reports successful compliance, an employer must order the directly observed return-to-duty test. Only the employer can return the person to covered duty, and the employer must carry out the SAP's unannounced follow-up plan.

Employer Responsibilities

• Correctly identify covered employees and tests.
• Remove a violator from safety-sensitive functions and provide the required SAP information.
• Order the return-to-duty test only after receiving successful-compliance documentation.
• Implement the SAP's follow-up plan without disclosing the schedule.
• Meet industry-specific reporting, recordkeeping, contractor, and oversight duties.

Employee Responsibilities

• Confirm whether the test was DOT or non-DOT and which authority applied.
• Stop performing covered safety-sensitive functions after a DOT violation.
• Complete the SAP's education or treatment recommendation and follow-up evaluation.
• Work with a current or prospective employer for the return-to-duty test; a SAP does not order the test.
• Comply with unannounced follow-up testing after returning to covered duty.

Agency- or Program-Specific Nuances

• FAA reporting duties may require employers or MROs to report specified positives and refusals involving certificate holders.
• For duties requiring an FAA medical certificate, medical eligibility is a separate track. The employee may need a new medical certificate after the violation even after completing Part 40.
• HIMS is an aviation peer-support and medical-certification pathway used in appropriate cases; it is not the SAP process and is not required for every FAA violation.
• Part 120 includes aviation-specific alcohol-use periods and permanent disqualification provisions for certain on-duty use violations.

Common Misconceptions

• SAP completion does not automatically restore an FAA medical certificate.
• HIMS and a DOT SAP evaluation are not interchangeable.
• Working at an airport does not automatically make a test DOT/FAA.

Related Articles

• DOT Return-to-Duty Process
• DOT SAP Process
• Transportation Modalities Hub

Frequently Asked Questions

Does Part 40 itself decide which jobs are covered?

No. The operating administration's industry rule identifies covered employers and safety-sensitive functions. Part 40 supplies the testing procedures and SAP return-to-duty framework.

Can an employee return to safety-sensitive duty immediately after the SAP follow-up evaluation?

No. An employer must receive the SAP's successful-compliance report and obtain the required negative return-to-duty test result before safety-sensitive duty resumes.

Who decides whether to return an employee to work?

The employer makes the employment and safety-sensitive assignment decision. A SAP evaluates compliance and recommends follow-up testing but does not order an employer to hire or reinstate someone.

Can an FAA employee need both SAP completion and medical clearance?

Yes. If the duty requires an FAA medical certificate, the Part 40 employer process and FAA medical-certification process are independent requirements.

Need Help With the DOT Return-to-Duty Process?

A DOT-qualified Substance Abuse Professional can help you understand the requirements that apply to your transportation role and guide you through the federally required SAP process.

Schedule an Initial SAP Assessment