An aviation employer needs an FAA testing program when its operations fall under 14 CFR Part 120 and its employees perform safety-sensitive functions, directly or by contract. The program covers six types of drug testing and, under Subpart F, alcohol testing. For 2026 the FAA set random testing at 25 percent for drugs and 10 percent for alcohol.
Who is covered
Part 120 applies to certificate holders authorized to operate under Parts 121 and 135, operators under section 91.147, and air traffic control facilities not operated by the FAA or the military. The drug testing rules also refer to programs conducted under Parts 65, 91, 121, and 135. Contractors and certain Part 145 repair stations can be covered too, including when they elect to implement a program.
The employee list is functional. Section 120.105 covers flight crewmember, flight attendant, flight instruction, aircraft dispatcher, aircraft maintenance and preventive maintenance, ground security coordinator, aviation screening, air traffic control, and operations control specialist duties. It applies whether the person performs the function directly or by contract, including subcontracts at any tier.
The six test types
| Test | Drug testing | Alcohol testing |
|---|---|---|
| Pre-employment | Required before the employee first performs a safety-sensitive function | Optional for the employer |
| Random | Required, 25 percent minimum rate in 2026 | Required, 10 percent minimum rate in 2026 |
| Post-accident | Required | Required for surviving covered employees whose performance may have contributed |
| Reasonable cause or suspicion | Required | Required, based on a trained supervisor's observations |
| Return to duty | Required after a violation | Required, with a result below 0.02 |
| Follow-up | Required as directed by a substance abuse professional | At least six tests in the first 12 months, for up to 60 months |
Drug testing types appear in section 120.109 and alcohol testing in section 120.217.
What changes year to year
The FAA publishes the random testing rates in the Federal Register based on industry positive rates. The 2026 notice appeared on December 5, 2025. An employer's random pool has to be drawn and tested against the rate in force for the year, so the rate is worth checking each January.
What the employer still owns
FAA drug testing programs must follow the DOT procedures in 49 CFR Part 40, and the employer is responsible for the actions of its officials, representatives, and service agents. Supervisors who make reasonable cause determinations must receive at least 60 minutes of initial training. FAA testing is its own authority. It should stay separate from FMCSA, USCG, and company-policy testing.
Where Skyside fits
Skyside helps aviation employers confirm which employees are covered, keeps FAA testing separate from other testing authorities, and coordinates agreed parts of the program such as random selection, testing logistics, and records. The employer remains responsible for compliance.
See how rules differ by industry or contact Skyside Compliance.