Safety-Sensitive Job Categories for FAA-Mandated Drug and

FAA

Aviation Safety

Drug Abatement Division

Safety-Sensitive Job Categories for FAA-

Mandated Drug and Alcohol Testing

Guidance Alert

Safety-Sensitive Job Categories Version 2020-01 Page 2 of 13

Guidance Alert Aviation Safety, Drug Abatement Division

Table of Contents

Purpose ........................................................................................................................................................ 3

Part 1: Employers & Employees Subject to Testing under 14 CFR part 120 .................................. 3

Part 2: Discussion of the Safety-Sensitive Duties ............................................................................... 4

a. Flight Crewmember Duties .................................................................................................. 4

b. Flight Attendant Duties ......................................................................................................... 5

c. Flight Instruction Duties ........................................................................................................ 6

d. Aircraft Dispatcher Duties .................................................................................................... 6

e. Aircraft Maintenance and Preventive Maintenance Duties .................................................. 7

f. Ground Security Coordinator Duties ................................................................................... 10

g. Aviation Screening Duties .................................................................................................. 11

h. Air Traffic Control Duties .................................................................................................... 11

i. Operations Control Specialist Duties .................................................................................. 11

Part 3. Non Covered Functions or Job Categories ............................................................................ 12

Part 4. Additional Resources ................................................................................................................. 12

Safety-Sensitive Job Categories Version 2020-01 Page 3 of 13

Guidance Alert Aviation Safety, Drug Abatement Division

Purpose

The Federal Aviation Administration’s (FAA) Drug Abatement Division is issuing

the following guidance to help aviation employers understand what types of

safety-sensitive job categories are subject to the drug and alcohol testing

requirements under 14 Code of Federal Regulations (CFR) part 120. It is the

responsibility of each aviation employer to evaluate the duties of its employees

and determine whether the work being performed is a safety-sensitive function

listed under 14 CFR §§ 120.105 and 120.215.

This Alert is not mandatory and does not constitute a regulation. It describes

resources and information to assist an employer in making the determination of

whether employees are performing safety-sensitive duties and subject to testing.

Part 1: Employers & Employees Subject to Testing under 14 CFR part 120

Employers. According to 14 CFR § 120.1, the FAA’s drug and alcohol testing

regulation applies to the following employers:

a. Air carriers and operators certificated under 14 CFR part 119 and

authorized to conduct operations under 14 CFR part 121 or part 135.

b. Air traffic control facilities not operated by the FAA or by or under contract

to the U.S. military.

c. Operators as defined in 14 CFR § 91.147

(air tour operators).

d. Any 14 CFR part 145 certificate holders who perform safety-sensitive

functions and elect to conduct drug and alcohol testing under part 120.

e. Any contractors

who perform safety-sensitive functions and elect to

conduct drug and alcohol testing under part 120.

Employees. According to 14 CFR § 120.7(h), an employee is defined as an

individual who is hired, either directly or by contract, or transferred into a position

Defined as a commercial air tour flight conducted for compensation or hire that begins and ends

at the same airport and is conducted within a 25-statute mile radius of the airport. Refer to the

National Air Tour Safety Standards Final Rule, effective March 15, 2007

for more information.

A contractor is defined under 14 CFR § 120.7(e) as ‘an individual or company that performs a

safety-sensitive function by contract for an employer or another contractor.’ A contractor may be

certificated under 14 CFR part 145 or non-certificated (e.g., a staffing company).

Safety-Sensitive Job Categories Version 2020-01 Page 4 of 13

Guidance Alert Aviation Safety, Drug Abatement Division

to perform a safety-sensitive function for an employer. The safety-sensitive

functions are listed under 14 CFR §§ 120.105 and 120.215. An employee,

including any assistant, helper or individual in a training status, who performs a

safety-sensitive function listed below either directly or by contract (including by

subcontract at any tier) for an employer must be subject to testing under a FAA-

mandated drug and alcohol program. This includes full-time, part-time,

temporary, and intermittent employees regardless of the degree of supervision.

The safety-sensitive functions are:

a. flight crewmember duties,

b. flight attendant duties,

c. flight instruction duties,

d. aircraft dispatcher duties,

e. aircraft maintenance and preventive maintenance duties,

f. ground security coordinator duties,

g. aviation screening duties,

h. air traffic control duties, and

i. operations control specialist duties.

It is up to each employer to evaluate the specific duties of their employees, not

the employee’s job title, to determine if an employee hired, directly or by contract

(including subcontract at any tier), is performing a safety-sensitive function and

subject to testing.

Note: Any employee or contractor that is assigned or hired to perform safety-sensitive

duties outside the territory of the United States are not subject to testing under part 120.

Refer to 14 CFR §§ 120.123 and 120.227

for more information.

Part 2: Discussion of the Safety-Sensitive Duties

a. Flight Crewmember Duties

Not all certificated pilots are subject to testing under part 120. Only pilots that

perform flight crewmember duties for a part 121 or 135 air operator or air tour

operator must be tested. The FAA defines a flight crewmember under 14 CFR §

1.1 as a pilot, flight engineer or flight navigator assigned to duty in an aircraft

Safety-Sensitive Job Categories Version 2020-01 Page 5 of 13

Guidance Alert Aviation Safety, Drug Abatement Division

during flight time.

Corporate or General Aviation Pilots.

Corporate pilots or pilots assigned to fly solely under 14 CFR part 91, excluding

14 CFR § 91.147, are not subject to testing under part 120. This includes pilots

that work for a Federal Agency (e.g., Department of Defense or Department of

Energy).

Medical Crewmembers.

According to 14 CFR part 135 Subpart B, medical crewmembers who are aboard

the aircraft during an air ambulance operation only to provide medical care to

patients are not performing flight crewmember duties. Consequently, they are not

subject to the drug and alcohol testing requirements in part 120. If you need

clarification about the duties performed by a medical crewmember, please

contact the FAA Principal Operations Inspector (POI) assigned to your operating

certificate (if applicable) or your local Flight Standards District Office.

b. Flight Attendant Duties

Flight attendant duties are typically associated with a part 121 or 135 operation

and include assisting passengers during emergency or abnormal events as

described in 14 CFR §§ 121.291 and 135.123. According to Chapter 33 in

Volume 3 of FAA Order 8900.1, flight attendants perform duties related to the

safety of the airplane and its occupants. Flight attendant duties may include:

• Safety briefings,

• Compliance checks of seat belt fastening,

• Conducting passenger briefings,

• Ensuring passenger compliance with stowage of the food and beverage

tray,

• Ensuring passenger compliance with the seatbelt and no smoking

placards/lights,

• Checking for the proper stowage of carry-on baggage,

• Attending distressed passengers, or

• Responding to emergency situations.

Safety-Sensitive Job Categories Version 2020-01 Page 6 of 13

Guidance Alert Aviation Safety, Drug Abatement Division

Cabin attendants.

Cabin attendants performing activities limited to passenger service (e.g., serving

beverages, conducting customer relations, acting as translators) do not perform

flight attendant duties. However, they may be covered if they perform duties that

are similar to those described above.

If you need clarification on whether an employee performs flight attendant duties,

please contact the FAA Principal Operations Inspector (POI) assigned to your

operating certificate or your local Flight Standards District Office.

c. Flight Instruction Duties

Flight instructors who provide instruction in a flight simulator qualify as safety-

sensitive employees when the instruction is provided to a part 121 or 135 or air

tour operators. If a flight school provides flight instruction solely to the public or

general aviation students, the instructor is not subject to testing under part 120.

Students that attend flight training are not subject to testing as flight instructors.

Simulator Flight vs. Ground Instruction.

Simulator flight instruction is considered a safety-sensitive function because

instructors are responsible for making evaluations regarding the trainees’

performance and judgment. Ground instruction; however, is not covered under

this job category.

d. Aircraft Dispatcher Duties

Aircraft dispatcher duties are specific to a part 121 or 135 operator and relate to

exercising the authority to initiate, conduct or terminate a flight.

Guidance Specific to Part 121 Operators. Under part 121, the pilot in

command and aircraft dispatcher share operational control, which means the

exercise of authority over initiating, conducting, or terminating a flight (see 14

CFR § 1.1). According to the Dispatching and Flight Release Rules (under 14

CFR part 121, subpart U), aircraft dispatch duties include the preparation of a

dispatch release or document, flight release form, load manifest, or flight plan.

Weight and balance calculations are also a safety-sensitive function under the

Safety-Sensitive Job Categories Version 2020-01 Page 7 of 13

Guidance Alert Aviation Safety, Drug Abatement Division

category of aircraft dispatchers, but the performance of these calculations alone

do not constitute aircraft dispatcher duties.

Guidance Specific to Part 135 Operators. Part 135 does not require operators

to employ aircraft dispatchers or prepare a formal release authorizing a specific

flight. Therefore, it is important for a part 135 operator to analyze the duties

performed by their employees to determine which employees exercise

operational control over a flight. Often, this authority is delegated to the pilot in

command, but may be shared by other employees. For more information, please

refer to the FAA’s Office of Chief Counsel response dated July 19, 2010 to Kent

Jackson with Jackson & Wade LLC that discusses the duties of an aircraft

dispatcher for a part 135 air operator.

e. Aircraft Maintenance and Preventive Maintenance Duties

When determining whether an employee performs aircraft maintenance or

preventive maintenance duties, it is important to consider the duties as it relates

to the FAA’s definition of maintenance and preventive maintenance under 14

CFR § 1.1 and 14 CFR part 43. According to 14 CFR § 1.1:

• Maintenance includes inspection, overhaul, repair, preservation, and

the replacement of parts, but excludes preventive maintenance.

• Preventive maintenance means simple or minor preservation

operations and the replacement of small standard parts not involving

complex assembly operations.

In 2006, the Office of Aerospace Medicine’s Drug Abatement Division and the

Flight Standards’ Aircraft Maintenance Division collaborated to create a

Maintenance Guidance Alert to assist operators in determining the most common

maintenance or preventive maintenance functions. This section will incorporate

and expand on the functions that may or may not be considered aircraft

maintenance and/or preventive maintenance. If you need further guidance after

reviewing the definitions and examples listed below, you should consult with your

local Flight Standards District Office or your FAA Principal Maintenance Inspector

(PMI) (if applicable). The Flight Standards inspectors are the experts in

Safety-Sensitive Job Categories Version 2020-01 Page 8 of 13

Guidance Alert Aviation Safety, Drug Abatement Division

determining what functions meet the definitions of aircraft maintenance and

preventive maintenance.

If it is determined that the functions are considered aircraft maintenance or

preventive maintenance duties, you must conduct testing if the aircraft is used for

a part 121 or 135 or air tour operator. If it is not covered, testing is prohibited

under part 120 and 49 CFR part 40. It is recommended that you document your

determination, or obtain the guidance from Flight Standards in writing. This may

prove necessary or helpful to present to a FAA Drug & Alcohol Inspector during

an inspection or investigation of your FAA-mandated testing program.

Cleaning the Aircraft. The physical cleaning of an aircraft is not normally

considered maintenance or preventive maintenance within the context of the

regulations. However, there may be occasions where the preparation of the

aircraft for the cleaning process requires removal of components or protection of

components that fall under the definition of maintenance or preventive

maintenance. For example, prior to cleaning an aircraft, it may be necessary to

close and secure the upper and lower fan cowl doors on a transport category

aircraft. The FAA considers the closing and securing of the engine fan cowl doors

as maintenance. Additionally, after the cleaning process, it may be necessary to

reapply lubrication compounds and preservatives to aircraft components, which

could be considered maintenance or preventive maintenance. Conversely,

cleaning seat cushions/covers is not considered maintenance.

Decorative Coatings. According to 14 CFR part 43, Appendix A, the “refinishing

of decorative coating of fuselage,…cabin, or cockpit interior…” is preventive

maintenance.

Repairing Cargo Containers. Cargo containers are considered part of the

aircraft; therefore, repairs are covered under 14 CFR part 43 as maintenance.

Building Parts. Although the person who physically manufactures a part does

not perform maintenance or preventive maintenance duties, the person who

takes that manufactured part and consumes it while repairing the next higher

assembly must be tested.

Safety-Sensitive Job Categories Version 2020-01 Page 9 of 13

Guidance Alert Aviation Safety, Drug Abatement Division

Manufacturer Testing. A manufacturer that performs a test on a component to

determine the extent of repairs necessary or to determine the serviceability of a

component is required to be covered under a drug and alcohol program when

performing work for a part 121 or 135 or air tour operator. According to Flight

Standards, the testing is being performed to a standard required by the

manufacturer or other standards acceptable to or approved by the FAA

Administrator. The testing standard may be part of an inspection requirement in

the technical data being used in the testing process.

Line Service Maintenance. Persons performing line servicing functions that

would be considered maintenance and/or preventive maintenance (as listed in 14

CFR part 43, Appendix A) must be tested. This includes persons that an air

carrier arranges with to perform servicing at line maintenance facilities or

locations outside of their normal routes.

Mechanic’s Helpers. All employees who conduct aircraft maintenance or

preventive maintenance duties are required to be covered by an FAA drug and

alcohol testing program. This includes non-certified helpers that perform under

direct supervision, regardless of whether they sign off on the work or not.

Third Level Subcontracting. Part 120 requires all persons that perform aircraft

maintenance or preventive maintenance duties at any level are tested. It is an

employer’s responsibility to ensure that any maintenance contracted out is done

with persons covered by a program. The air carrier cannot delegate its regulatory

responsibility to ensure all persons who perform maintenance or preventive

maintenance are covered.

Parts Receiver. A parts receiver is responsible for intake and outtake of

repaired aircraft parts, but does not actually perform an inspection of the part or

repair. Therefore, they do not perform aircraft maintenance or preventive

maintenance duties and are not subject to testing.

Emergency Maintenance. According to 14 CFR §§ 120.35(c) and 120.39(c), a

certificate holder that conducts on-demand operation into an airport (either

domestic or abroad) at which no maintenance providers are available may use

individuals not covered under a FAA-mandated testing program to provide

Safety-Sensitive Job Categories Version 2020-01 Page 10 of 13

Guidance Alert Aviation Safety, Drug Abatement Division

emergency maintenance

. Under these provisions, you must ensure that

maintenance personnel who are tested reinspect the aircraft and you report the

emergency maintenance to the Drug Abatement Division within 10 days of

learning about the emergency maintenance. A sample reporting form is available

online and should be sent to drugabatement@faa.gov or faxed to 202-267-5200.

For more information, please refer to the FAA’s Office of Chief Counsel response

dated January 11, 2016 to Ryan Gucwa with Odyssey Airways, LLC that

discusses emergency maintenance.

If you have further questions about reporting emergency maintenance, please

contact our Program Administration Branch at drugabatement@faa.gov or 202-

267-8442.

Reminder: If you need further guidance after reviewing the maintenance and

preventive maintenance definitions and above examples, you should consult with

your local Flight Standards District Office or the FAA Principal Maintenance

Inspector (PMI) (if applicable).

f. Ground Security Coordinator Duties

Each air carrier or operator’s security program dictates the ground security

coordinator (GSC) roles and responsibilities. In addition, the Department of

Homeland’s Transportation Security Administration (TSA) defines the GSC under

49 CFR chapter XII, part 1544.

For clarification on whether your employees perform GSC duties, consult with

your security program. If you are not an air carrier, you should consult the air

carrier with whom you contract to determine whether the duties performed are

part of their security program.

Emergency maintenance covers maintenance that is not scheduled and necessary by an

aircraft condition not discovered prior to the departure for that location.

Safety-Sensitive Job Categories Version 2020-01 Page 11 of 13

Guidance Alert Aviation Safety, Drug Abatement Division

g. Aviation Screening Duties

Aviation screening functions performed by non-TSA employees are covered

under part 120. These duties include security screening at the checkpoint,

including non-checkpoint screening (pat down/wanding and carry-on baggage

searches) of passengers.

Screeners that perform the non-checkpoint screening on service personnel (non-

passengers such as catering, cargo, etc.) are not covered under part 120.

Note: Aviation screeners employed by the TSA and performing as a TSA

employee are not subject to testing under 14 CFR part 120 unless they are hired

directly by a regulated employer or they work for a regulated employer outside of

their employment as a Federal employee. For more information about TSA and

their security-screening program, please visit their website at www.tsa.gov.

h. Air Traffic Control Duties

Only air traffic controllers that perform duties for an air traffic control facility not

operated by the FAA or under contract to the United States military are tested

under part 120.

i. Operations Control Specialist Duties

Any air ambulance operator that has 10 or more helicopters must establish

Operations Control Centers

. The specific duties of the operations control

specialists are defined in 14 CFR § 135.619 and include providing preflight

weather assessment, assisting with fuel planning and alternate airport weather

minimums, and communicating with pilots about operational concerns during

flight. These types of duties and this category would not apply to any other

operator.

If you need clarification on whether an employee performs operations control

specialist duties, please contact the FAA Principal Operations Inspector (POI)

Required by the Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter

Operations Final Rule, effective April 22, 2016.

Safety-Sensitive Job Categories Version 2020-01 Page 12 of 13

Guidance Alert Aviation Safety, Drug Abatement Division

assigned to your operating certificate or your local Flight Standards District

Office.

Part 3. Non Covered Functions or Job Categories

We are often asked about the following job functions that are not considered

safety-sensitive:

• Ground handling

• Aircraft fueling

• Aircraft de-icing

• Ticketing

• Baggage handling or loading

• Aircraft push-back

• Tool calibrators

If functions are not considered safety-sensitive duties, testing under part 120 and

49 CFR part 40 is prohibited. You may conduct your own company testing;

however, you are prohibited from using Federal drug and alcohol testing forms or

making employment determinations based on Federal testing. You must ensure

that your DOT/FAA testing program and records are completely separate from

your company testing program (non-DOT testing) in all respects.

Note: If your employee holds a commercial driver’s license (CDL) to perform any

of the above non covered functions, he or she may be subject to testing under

the Federal Motor Carrier Safety Administration (FMCSA) regulation (49 CFR

part 382). For more information about FMCSA and the other transportation

agency’s regulations, please visit the Department of Transportation’s Agency

web page.

Part 4. Additional Resources

If you have an active DOT/FAA-mandated drug and alcohol testing program, you

must have knowledge of the following regulations:

 14 CFR part 120 is FAA’s regulation that describes who will be tested and

when, as well as other requirements that apply to aviation employers with

an active program.

Safety-Sensitive Job Categories Version 2020-01 Page 13 of 13

Guidance Alert Aviation Safety, Drug Abatement Division

 49 CFR part 40 is the Department of Transportation’s (DOT’s) Procedures

for Transportation Workplace Drug and Alcohol Testing Programs and

describes the collection procedures you and your service agents must

follow.

For more information, visit the FAA’s web site at www.faa.gov/go/drugabatement

and review the legal interpretations published by the FAA’s Office of Chief

Counsel that address maintenance or preventive maintenance. We encourage

you to subscribe for future updates!

If you have any questions that are not answered in this Alert, please contact the

Drug Abatement Division’s Program Policy Branch directly at 202-267-8442 or

drugabatement@faa.gov.