FAA CONTINUES TO PENALIZE U.S. AIR CARRIERS FOR DRUG AND ALCOHOL VIOLATIONS

August 15, 2026

Eckert Seamans has prepared the information in this update for educational purposes only. It does not constitute legal advice nor substitute for legal advice. Neither your receipt of information from this website nor your use of this website to contact Eckert Seamans or one of its attorneys creates an attorney-client relationship, as the firm may, for example, already represent another party involved in your matter. Accordingly, you should not provide confidential information to Eckert Seamans. Persons seeking legal advice should consult a licensed professional attorney in their state. The firm’s Terms of Use, Legal Notice, and Disclaimer detailed herein are expressly incorporated into the Aviation Regulatory Update.

On July 9, 2026, the FAA proposed a $65,000 civil penalty against Eastern Air Express over concerns that Eastern allowed several dozen employees to perform safety-sensitive functions without subjecting them to FAA-required random drug and alcohol testing.  Pursuant to FAA regulations, carriers are required to conduct random drug and alcohol testing of all safety-sensitive employees—including pilots, flight attendants, aircraft dispatchers, and maintenance personnel.  The minimum annual random drug testing rate is set at 50 percent of covered aviation employees.  According to the FAA, Eastern Air Express permitted fourteen pilots, seven flight attendants, and five aircraft maintenance personnel to perform safety-sensitive functions between June and November 2024 even though those employees were not subject to required random drug and alcohol testing.  In recent months, we have reported several other FAA enforcement actions undertaken for alleged noncompliance with drug and alcohol testing requirements so U.S. and foreign air carriers should be aware that this seems to be an issue of interest for regulators.

This Aviation Regulatory Update is intended to keep readers current on developments in the law.  It is not intended to be legal advice.  If you have any questions or require additional information, please contact Evelyn D. Sahr at 202.659.6622 or esahr@eckertseamans.com;  Drew M. Derco at 202.659.6665 or dderco@eckertseamans.com;  Tyler R. Myers at 202.659.6642 or trmyers@eckertseamans.com;  Xander B. Silva at 412.566.6069 or xsilva@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.

Share This Post

Authors

Evelyn D. Sahr Photo Washington, D.C.

Evelyn D. Sahr

Member - Washington, D.C.

See full bio
Drew M. Derco Photo Washington, D.C.

Drew M. Derco

Member - Washington, D.C.

See full bio
Tyler R. Myers Photo Washington, D.C.

Tyler R. Myers

Associate - Washington, D.C.

See full bio
Xander B. Silva Photo Pittsburgh

Xander B. Silva

Associate - Pittsburgh

See full bio