Alleges Violations Of Drug And Alcohol Testing Regulations

The FAA has proposed a $211,000 civil penalty against Dukes Aerospace Inc., of Northridge, CA, for allegedly violating federal drug and alcohol testing regulations.

The FAA alleges that Dukes failed to include four of its safety sensitive employees in random drug and alcohol testing pools. Three of the four employees performed safety sensitive functions while not in the random pool.

Additionally, the agency alleges that the company did not receive verified negative results before transferring nine employees into safety sensitive positions; ask 10 safety-sensitive employees whether they had tested positive or had refused to submit to a DOT pre-employment drug or alcohol test at other companies they had applied to for safety-sensitive transportation work during the previous two years.

Other allegations include the failure to use a scientifically valid method of random selection for a drug test, and conduct a random drug test on two employees rather than the alcohol test for which they had been selected, and ensure that an employee underwent a directly observed urine specimen collection immediately after having been informed that the employee’s earlier specimen was invalid and the employee had no adequate medical explanation for the result. The company allegedly directed a new collection, but did not specify it had to be directly observed.

Finally, the FAA says Dukes did not include all required elements in the company’s drug and alcohol testing policy, specifically, the consequences for a verified positive drug test or a refusal to test, and the consequences of using drugs while performing a safety sensitive function.
 
Dukes has requested to meet with the FAA to discuss the case.

FMI: www.faa.gov