lawyer who take faa drug test cases

Full Answer

Does the FAA drug test its employees?

The follow-up test is generally a urine drug test. However, if the MRO determines that the most likely drug is not detectable in urine, a hair drug test or other tests may be used. Does The FAA Randomly Drug Test Its Employees? Yes. The Airline employers who follow the regulations of the FAA randomly and periodically drug test their employees.

What are the FAA drug testing rules after a car accident?

The FAA has a zero-tolerance policy for illegal drug use, and negative test results trigger immediate disqualification from the program. However, FAA drug testing rules allow a drug test up to 32 hours after the accident. If a post-accident drug test is not done, the FAA will not consider the drug test as "positive."

Can an airman use a hair test as a defense to drug charges?

Taylor indicates that airmen may employ a hair test result as an affirmative defense in a charge brought by the FAA that illegal drugs were in the airman’s system.

Can an airman refuse a dot drug test?

These dictates by the FAA in promulgating the regulation virtually command the MRO and the referral physician to find that an airman refused a DOT drug test if he could not produce 45mL of urine within three hours.

What happens if you fail FAA drug test?

Airmen who fail a drug test are removed from performing safety-sensitive functions, required to undergo a substance abuse evaluation, and required to complete counseling or treatment. To make matters worse, airmen often are fired by their employer as a result of a failed test.

Can you fight a positive DOT drug test?

The only way to return to a safety-sensitive position after a positive DOT drug test is to work with a qualified DOT SAP. This person will evaluate your circumstances and recommend treatment or education for you to complete.

How do I dispute a false positive drug test?

4 Ways to Dispute a False Positive Drug Test While On ProbationAsk for a repeat test as soon as possible. ... Reveal the substances you have been taking that might have caused inaccurate result. ... Request a more advanced method of testing for verification. ... Get assistance from your union or a private attorney.

How long does it take to get FAA drug test results?

Negative drug screen results are generally available 24 – 48 hours after the specimens are received at the laboratory. Non‐negative results typically take 3‐5 business days from the time the specimen arrives at the laboratory.

Can you dispute a drug test?

Urine drug screens are the most common test, although other body fluids may be analyzed as well. Many commonly used substances can trigger a false-positive test result. If you're certain that the result is false, immediately take action and dispute false-positive results.

What happens if a drug test comes back positive?

If the test results in a positive reading, meaning there is drug residue in the body, the results are forwarded to a medical review officer, who reviews the results and looks for any possible valid medical explanation for the results.

What is a good excuse for failing a drug test?

Furthermore, employees may have excuses for failing a drug test: they ate too many poppy-seed bagels, accidently picked up the wrong brownie at a party or were stuck in a car with someone who was smoking weed. Perhaps they'll argue that the test is wrong. Employers need to consider how they'll handle these situations.

What is the most common false-positive drug test?

False-positive results for amphetamine and methamphetamine were the most commonly reported. False-positive results for methadone, opioids, phencyclidine, barbiturates, cannabinoids, and benzodiazepines were also reported in patients taking commonly used medications.

Can you request a retest if you fail a drug test?

In most cases, you are entitled to request a retest. However, most drug testing protocols require the lab to retest the same sample. While this is helpful in situations where there was contamination, the better option is to provide an entirely new sample, if that is allowed.

How far does a DOT urine test go back?

The amount of follow-up testing you receive is determined by a Substance Abuse Professional (SAP) and may continue for up to 5 years. This means the SAP will determine how many times you will be tested (at least 6 times in the first year), for how long, and for what substance (i.e. drugs, alcohol, or both).

What are the cutoff levels for a DOT drug test?

§ 40.87 What are the cutoff concentrations for drug tests? 15 ng/mL. 100 ng/mL.

How far back does a 10 panel urine test go?

Some 10-panel drug tests are designed to test for drugs in hair samples. The drugs can be detected for up to 90 days when a hair sample is used. What this means is that the drug being tested for might no longer be able to be detected after these periods have passed.

What did Petersen's drug test results indicate?

Petersen’s test results indicated the sample had been contaminated and he was released from employment.43 Petersen had two drug tests subsequent to the random test at work, and both of the tests were negative for drugs.44.

What does "refusal to submit to a drug test" mean?

Among them is the definition of a “refusal” which is as follows: Refusal to submit to a drug test means an employee engages in conduct including, but not limited to that described in 49 C.F.R. §40.191.”56.

What was the case of Pasternak v. National Transportation Safety Board?

The case of Pasternak v. National Transportation Safety Board,77 involves the shy bladder protocol discussed previously. Pasternak was a physician and also a part-time pilot. He was selected for random drug testing, but was not able to provide a sufficient quantity of urine for the test.78 The Sample Collector told Pasternak to remain in the waiting room until he could provide another specimen.79 Pasternak told the Sample Collector he had a scheduled business meeting and he needed to leave the collection site. He returned a few hours at which time he provided a sample that tested negative for drugs.80 When the Medical Review Officer learned that Pasternak had left the testing site, he concluded that Pasternak had refused to submit to a DOT drug test.81

What happens if a pilot's sample is exonerated?

So, the FAA has made it clear time and time again that if the sample might exonerate the pilot it will be destroyed. Conversely, if the sample will or may incriminate the pilot, the evidence is to be preserved. This is not an innocent or unforeseen mistake on the part of the FAA in promulgating its drug testing rules.

What is the Administrator's argument?

The Administrator’s argument is that the regulation trumps all testing procedure, training, policy, and what should be controlling, of course, is the regulation. Again, it appears to me that that is asking me to apply a strict standard of liability in this case. The case law does not support that.

Why did the administrator revocation the airman's transport certificate?

Tullos,90 the Administrator brought a revocation action against the airman’s 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.

Is drug testing intrusive?

Drug testing of airmen is intrusive as the airman confronts a Sample Collector who directs the airman to urinate in a bottle. While a nuisance to all, an improperly administered drug test can be a career terminating event. For that reason, it is worthwhile considering the rules that apply to drug testing.

What is FAA certificate suspension?

Certificate suspensions of a fixed number of days are issued to discipline an alleged violator and to deter others similarly situated. Suspensions of indefinite duration are issued to prevent a certificate holder from exercising the privileges of a certificate pending demonstration that the certificate holder meets the standards required to hold its certificate. Certificate revocations are issued when the FAA determines that a certificate holder is no longer qualified to hold a certificate.

What happens when the FAA issues a compromise order?

When the FAA issues a compromise order, no adjudicated finding of violation is made a part of the entity's enforcement record (unless the entity agrees otherwise as part of the resolution). If there is no resolution, the matter is referred to the Department of Justice for prosecution in U.S. District Court.

What is informal FAA?

There is an opportunity at the beginning of most enforcement cases for informal procedures, including an informal conference with an FAA attorney, to give the alleged violator a chance to bring to the FAA's attention information favorable to it, e.g., exculpatory or mitigating evidence. During these informal procedures, an enforcement action can sometimes be resolved to the mutual satisfaction of the parties.

Who can assess if an employer acted legally in drug testing?

An employment lawyer familiar with drug testing laws in your state can assess whether or not your employer acted legally in testing you and in its response to the test results. And, the lawyer will analyze whether or not the employer conducted the drug test properly.

What happens if you fail a drug test?

If you fail one of those drug tests, you can be suspended or even fired in many states. In some circumstances, it makes sense to hire a lawyer if you experience any adverse employment action as a result of failing a drug test, particularly because drug testing law is complicated and varies from state to state.

Why is Gina used for drug testing?

Because drug tests take samples from a person's body that may contain genetic information that would reveal disabilities, susceptibility to certain diseases, and other confidential medical information, GINA bars employers from gathering and using genetic information to screen out certain employees or applicants.

Why are drug tests not able to distinguish between intoxication, current drug use, and drug use in the recent

As noted above, drug tests are not able to distinguish between intoxication, current drug use, and drug use in the recent past because the tests simply show some marker that the person tested has ingested a drug at some time. Markers for certain drugs stay in the blood stream longer than others.

Can an employer refuse to hire someone who tests positive for THC?

As of this writing, most courts have decided that employers can refuse to hire an applicant who tests positive for THC. But because legalization of marijuana is a relatively new development, employees and employers will undoubtedly be filing new lawsuits to ask courts to determine if an employer can fire or otherwise punish an employee ...

Do drug tests show current intoxication?

Drug tests do not merely explore a person's drug intoxication: Tests themselves are invasive (often involving the taking of a urine sample), and the results do not merely show current drug intoxication but can reveal off-duty drug use. Some states view such measures as possible violations of employees' and applicants' right to privacy. An employment lawyer in your state should be up to speed on all of these aspects of the law that may be implicated in your drug test.

Can employers test employees?

Many states allow employers in certain professions and industries (such as health care workers, police officers, or public transit operators) to test employees with fewer restrictions. Ask an employment lawyer familiar with the drug testing laws in your state about when, how, and why employers may drug test people in your capacity ...