49 U.S.C. § 45102

Alcohol and controlled substances testing programs

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(a)Program for Employees of Air Carriers and Foreign Air Carriers.—(1) In the interest of aviation safety, the Administrator of the Federal Aviation Administration shall prescribe regulations that establish a program requiring air carriers and foreign air carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of airmen, crew members, airport security screening personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of a controlled substance in violation of law or a United States Government regulation; and to conduct reasonable suspicion, random, and post-accident testing of airmen, crew members, airport security screening personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of alcohol in violation of law or a United States Government regulation. The regulations shall permit air carriers and foreign air carriers to conduct preemployment testing of airmen, crew members, airport security screening personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of alcohol.(2) When the Administrator considers it appropriate in the interest of safety, the Administrator may prescribe regulations for conducting periodic recurring testing of airmen, crewmembers, airport security screening personnel, and other air carrier employees responsible for safety-sensitive functions for the use of alcohol or a controlled substance in violation of law or a Government regulation.(b)Program for Employees of the Federal Aviation Administration.—(1) The Administrator shall establish a program of preemployment, reasonable suspicion, random, and post-accident testing for the use of a controlled substance in violation of law or a United States Government regulation for employees of the Administration whose duties include responsibility for safety-sensitive functions and shall establish a program of reasonable suspicion, random, and post-accident testing for the use of alcohol in violation of law or a United States Government regulation for such employees. The Administrator may establish a program of preemployment testing for the use of alcohol for such employees.(2) When the Administrator considers it appropriate in the interest of safety, the Administrator may prescribe regulations for conducting periodic recurring testing of employees of the Administration responsible for safety-sensitive functions for use of alcohol or a controlled substance in violation of law or a Government regulation.(c)Sanctions.—In prescribing regulations under the programs required by this section, the Administrator shall require, as the Administrator considers appropriate, the suspension or revocation of any certificate issued to an individual referred to in this section, or the disqualification or dismissal of the individual, under this chapter when a test conducted and confirmed under this chapter indicates the individual has used alcohol or a controlled substance in violation of law or a Government regulation.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1221; Pub. L. 104–59, title III, § 342(d), Nov. 28, 1995, 109 Stat. 609; Pub. L. 107–71, title I, § 139(1), Nov. 19, 2001, 115 Stat. 640.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
45102(a)	49 App.:1434(a)(1).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 614(a); added Oct. 28, 1991, Pub. L. 102–143, § 3(a), 105 Stat. 953.
45102(b)	49 App.:1434(a)(2).
45102(c)	49 App.:1434(a)(3).

In subsections (a)(2) and (b)(2), the word “also” is omitted as surplus.

Editorial NotesAmendments

2001—Subsec. (a). Pub. L. 107–71 substituted “personnel” for “contract personnel” wherever appearing.

1995—Subsec. (a)(1). Pub. L. 104–59, § 342(d)(1), added par. (1) and struck out former par. (1) which read as follows: “In the interest of aviation safety, the Administrator of the Federal Aviation Administration shall prescribe regulations not later than October 28, 1992, that establish a program requiring air carriers and foreign air carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of airmen, crewmembers, airport security screening contract personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of alcohol or a controlled substance in violation of law or a United States Government regulation.”

Subsec. (b)(1). Pub. L. 104–59, § 342(d)(2), added par. (1) and struck out former par. (1) which read as follows: “The Administrator shall establish a program of preemployment, reasonable suspicion, random, and post-accident testing for the use of alcohol or a controlled substance in violation of law or a Government regulation for employees of the Administration whose duties include responsibility for safety-sensitive functions.”

Statutory Notes and Related SubsidiariesRulemaking on Random Testing for Prohibited Drugs

Pub. L. 103–305, title V, § 501, Aug. 23, 1994, 108 Stat. 1594, provided that, not later than 180 days after Aug. 23, 1994, the Secretary would complete a rulemaking proceeding and issue a final decision on whether there should be a reduction in the annualized rate required of random drug testing for personnel engaged in aviation activities.

Notes of Decisions

Cited in 16 cases (6 in the last 5 years), 1995–2026 · leading case: Aeronautical Repair Station Ass'n v. Fed. Aviation Admin., 494 F.3d 161 (D.C. Cir. 2007).

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Aeronautical Repair Station Ass'n v. Fed. Aviation Admin., 494 F.3d 161 (D.C. Cir. 2007). · cites it 8× “KAREN LeCRAFT HENDERSON, Circuit Judge: The petitioners [1] challenge a final rule (2006 Final Rule or Rule) of the Federal Aviation Administration (FAA) which amends its drug and alcohol testing regulations, promulgated pursuant to 49 U.S.C. § 45102 (a)(1), to expressly mandate…”

Schmeling v. Nordam, 97 F.3d 1336 (10th Cir. 1996). “Parts 121 and 135, which were promulgated under 49 U.S.C. § 45102 . After removing the ease, NORDAM moved to dismiss Schmeling’s suit on the grounds that Schmeling could not bring a private action to enforce the FAA regulations.”

Drake v. Lab'y Corp. of Am. Holdings, 290 F. Supp. 2d 352 (E.D.N.Y 2003). “See 49 U.S.C. § 45102 (a). See also “Legislative and Regulatory History” infra pp.”

Michael P. Cronin v. Fed. Aviation Admin., 73 F.3d 1126 (D.C. Cir. 1996). “” 49 U.S.C.A. § 45102 (a)(1) (1995). The Testing Act additionally provides that any person serving in a safety-sensitive aviation position who either uses alcohol or a controlled substance while on duty, or otherwise violates the alcohol and controlled substance regulations a…”

Cont'l Airlines, Inc. v. Air Line Pilots Ass'n, Int'l, 555 F.3d 399 (5th Cir. 2009). “See 49 U.S.C. § 45102 (2006). Airline pilots are DOT safety-sensitive employees.”

Terry L. Whitman v. Dep't of Transp. Norman Y. Mineta, U.S. Sec'y of Transp., 382 F.3d 938 (9th Cir. 2004). “” 49 U.S.C. § 45102 (b)(1). Employee selection for such testing must be accomplished by “nondiscriminatory and impartial methods.”

Barry M. Cornish v. Marion C. Blakey, Adm'r of the Fed. Aviation Admin., 336 F.3d 749 (8th Cir. 2003). “See 49 U.S.C. § 45102 (a); 14 C.F.R. § 121.457 (a); 14 C.”

Salomon v. Roche Compuchem Labs., Inc., 909 F. Supp. 126 (E.D.N.Y 1995). “§ 46101 (a)(1), however, an individual may complain in writing to the Secretary of Transportation about an alleged violation of the drug testing regulations.”

Swaters v. United States Dep't of Transp., 826 F.3d 507 (D.C. Cir. 2016). “See 49 U.S.C. § 45102 (a). The FAA’s testing regime is governed by 49 C.”

United Food & Com. Workers v. OSHA (6th Cir. 2021). “, 49 U.S.C. §§ 45102 (a)(1), 20140(b)(1)(A), 31306(b)(1)(A), 5331(b)(1)(A).”

Ydil Pham v. NTSB (D.C. Cir. 2022). “” 49 U.S.C. § 45102 . FAA regulations require that each test subject provide at least 45 milliliters of urine for a drug test.”

Lisa R. Daniels v. DAL Global Servs., LLC (2024). “9 Under the FAA bulletin cited by Ms. Daniels, neither “ticketing” nor “baggage handling” are considered “safety-sensitive” job functions.”

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