FAA Part 120 Drug and Alcohol Testing Program
Last reviewed · By Chad Griffith
14 CFR Part 120 establishes the drug and alcohol testing program for safety-sensitive aviation employees, applying to Part 121 air carriers, Part 135 carriers, Part 145 repair stations (when performing safety-sensitive maintenance), Part 91 Subpart K fractional ownership operations, contractors performing covered functions, and certain air traffic control operations. The program covers six categories of testing — pre-employment, random, post-accident, reasonable suspicion, return-to-duty, and follow-up — and applies to seven safety-sensitive functions.
Safety-Sensitive Functions Covered
Per Section 120.105, drug and alcohol testing applies to employees performing: flight crewmember duties; flight attendant duties; flight instruction duties; aircraft dispatcher duties; aircraft maintenance and preventive maintenance; ground security coordinator duties; and aviation screening duties. Air traffic control specialists in air carrier facilities are also covered. Contractors performing these functions for covered employers are subject to the testing program.
Required Test Categories
Six categories: Pre-employment — before performing safety-sensitive function for the first time with the employer; Random — minimum annual percentage of safety-sensitive employees (50% drug, 25% alcohol annually for most aviation operators in 2026); Post-accident — within 32 hours of any accident or specific qualifying incident; Reasonable suspicion — based on supervisor observation of impairment indicators; Return-to-duty — required after a positive test, refusal, or DOT regulation violation; Follow-up — 6 unannounced tests in the first 12 months after return-to-duty plus additional tests at SAP recommendation up to 60 months.
Recordkeeping
Per Section 120.111, employers must retain: positive drug and alcohol test results, refusals, and SAP evaluations — 5 years; records pertaining to driver who fails the alcohol test — 5 years; negative test results — 1 year; random testing selection lists — 5 years (must show non-discriminatory selection process); blind specimen results — 1 year; employee training records — 3 years.
DER Responsibilities
Each Part 120 employer must designate a Drug and Alcohol Program Manager (DER — Designated Employer Representative) responsible for: receiving test results from the Medical Review Officer; managing the random selection process; coordinating return-to-duty processes; maintaining program records; and serving as the company contact for FAA program audits. DER training is required and must be retained as part of the employer's training records.
Frequently Asked Questions
Who must comply with Part 120?
Part 121 air carriers, Part 135 commuter and on-demand operators, Part 145 repair stations performing safety-sensitive maintenance, Part 91 Subpart K fractional ownership operators, certain Part 91 operators when functioning as air carriers, contractors performing covered functions for any of the above, and air traffic control specialists in air carrier facilities.
What is the random testing rate?
Per Section 120.109, random drug testing is required at a minimum of 25% annual rate for aviation employees, and random alcohol testing is required at minimum 10% annual rate. The FAA Administrator may increase these rates if the industry positivity rate exceeds 1% (drug) or 0.5% (alcohol) for two consecutive years. Rates are typically announced annually in the Federal Register.
What happens after a positive test?
After a verified positive drug test or alcohol test of 0.04 BAC or higher: (1) employee removed immediately from safety-sensitive functions; (2) employee evaluated by a Substance Abuse Professional (SAP); (3) employee completes SAP-recommended treatment or education; (4) follow-up evaluation by SAP confirms compliance; (5) return-to-duty drug test before resuming safety-sensitive functions; (6) follow-up testing program for at least 12 months and up to 60 months.
Are pilots and mechanics treated the same?
Yes. Both pilots and mechanics performing safety-sensitive maintenance under Part 120 are subject to identical testing protocols, retention requirements, and consequences. The program applies to anyone performing covered functions regardless of job title — the trigger is the function performed, not the title.
Authoritative sources