FAA RAMPS UP ENFORCEMENT OF DRUG AND ALCOHOL TESTING REGULATIONS
May 19, 2026
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On April 2, 2026, the FAA proposed a $56,000 civil penalty against Milwaukee-based charter company Spring City for purportedly violating drug and alcohol testing regulations. After investigating Spring City employees who performed safety-sensitive functions between December 2023 and December 2024, the FAA found that five pilots and an aircraft mechanic were never subjected to drug and alcohol testing as required by applicable regulations. A similar $304,272 civil penalty was proposed this month against Southwest Airlines for allegedly failing to perform follow-up drug or alcohol testing for 11 Southwest employees between August 2021 and July 2024. In addition to Spring City and Southwest, the FAA also proposed a $255,000 civil penalty against American Airlines over allegations that it permitted several flight attendants who previously tested positive on drug and alcohol tests to resume their safety-sensitive duties before all required follow-up testing was completed.
The FAA’s stringent drug and alcohol testing regulations are intended to prevent accidents and injuries resulting from the use of prohibited drugs or the misuse of alcohol by employees performing safety-sensitive functions in aviation. Even after they develop and implement compliant testing programs, covered air carriers are required to perform ongoing randomized drug and alcohol testing of safety-sensitive aviation personnel. Furthermore, when there are reasonable and articulable grounds to infer that specific employees are utilizing a prohibited drug, the FAA strongly recommends that employers conduct reasonable cause/suspicion testing to safeguard the flying public. Aviation enforcement under the second Trump administration continues to focus on safety regulations, including compliance with the FAA’s drug and alcohol testing regulations, so carriers should be keenly aware of increased scrutiny in this area.
This Aviation Blog Post is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202.659.6665 or dderco@eckertseamans.com; Tyler Myers at 202.659.6642 or trmyers@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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