FAA PROPOSES DRUG AND ALCOHOL TESTING CIVIL PENALTIES
October 26, 2015
The FAA recently proposed several civil penalties ranging from $173,500 to $211,000 against three companies for alleged violations of the federal drug and alcohol testing regulations.
- $173,500 against Servisair LLC for failing to include ten of its safety-sensitive employees in random drug and alcohol testing pools in 2013. The FAA further alleged that the company conducted eight random drug tests in 2013 when it should have conducted 19 random drug tests.
- $174,600 against Mesa Airlines for failing to place six employees hired for safety-sensitive positions in its random drug and alcohol testing pools. The FAA further alleged that the company failed to notify the agency when an FAA certified mechanic refused to submit to a drug test within the two day period specified in the regulations, and that Mesa used a DOT drug testing form when conducting a non-DOT drug test. Finally, Mesa allegedly failed to ensure its contract for Medical Review Officer (MRO) services included a provision requiring the company to transfer records, including those related to positive drug results, to a new MRO Mesa might hire.
- $211,000 against Dukes Aerospace Inc. for failing to: (1) include four of its safety sensitive employees in random drug and alcohol testing pools; (2) receive verified negative reports prior to transferring nine employees into safety sensitive positions; (3) ask ten safety sensitive employees required drug and alcohol testing questions; (4) use a valid method of random selection for a drug test, and conduct a random drug test on two employees rather than the alcohol test they were selected for; (5) properly conduct a urine specimen collection; and (6) maintain required elements in the company’s drug and alcohol testing policy.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).