49 C.F.R. PDF DUI/ DWI /Alcohol Incidents - Federal Aviation Administration Please contact the Civil Aerospace Medical Institute at (405) 954-4821, Option 1, with questions regarding medical eligibility or correspondence. In paragraph 4 of the complaint it alleges that the respondent knew that the sample had been adulterated. Box 25082, Oklahoma City, Oklahoma 73125. 40.193 (what happens when an employee does not provide a sufficient amount of urine? During post-accident drug testing, the airman submitted a urine sample collected at Cranston/Dottin Laboratory in St. Thomas, the sample being submitted to One Source Toxicology Laboratory, with a positive findings for cocaine on December 2, 2003. In briefings before the United States Court of Appeals for the District of Columbia, the FAA admitted that leaving a drug testing site with permission is not a refusal to submit to a drug test.87 Pasternak maintained by virtue of his disclosure to the Sample Collector that he was leaving the testing facility and in the absence of a protest from her that leaving the facility would constitute a refusal, the Board had no evidence before it that Pasternak had refused a drug test.88 The United States Court of Appeals for the District of Columbia again agreed with Pasternak and reversed the Board Decision and vacated its Order.89, THE TULLOS CASE THE BOARD DOES NOT APPLY A STRICT LIABILITY STANDARD IN DRUG TESTING CASES, The case of Administrator v. Tullos,90 the Administrator brought a revocation action against the airmans airline transport certificate and his first class medical certificate because he allegedly left the drug testing site without having been told by the Sample Collector that his leaving the site would be considered a refusal to test. Use our Inspection Guide to help prepare for an inspection of your drug and alcohol testing program. Based upon the telephone conversation between Ms. Snyder and the Sample Collector. For that reason, it is worthwhile considering the rules that apply to drug testing. If the applicant is deferred, the FAA will require the applicant to: Provide: A detailed personal statement regarding his/her past and present patterns of alcohol or drug use A complete copy of his/her current driving record in any state that he/she has held a driver's license in the last 10 years 10# M=M3eRh`L'5 91.17 Alcohol or drugs. Please contact the Civil Aerospace Medical Institute at (405) 954-4821, Option 1, with questions regarding medical eligibility or correspondence. FAA AIRMAN CERTIFICATE AFS-760 2003-03-01 FAA 3000-27 . 40.193(b)(3) provides: If the employee refuses to make the attempt to provide a new urine specimen or leaves the collection site before the collection process is complete, you (the Sample Collector) must discontinue the collection, note the fact on the Remarks Line of the CCF (Step 2), and immediately notify the DER (Designated Employee Representative).