Postaccident and postincident drug and alcohol testing
Title I — Civil Aviation Matters
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(a) Sense of Congress The Administrator shall abide by DOT Order 3910.1D, titled Drug and Alcohol-Free Departmental Workplace Program (or any successor document) to ensure appropriate postaccident and postincident drug and alcohol testing. (b) Revision of procedures Not later than 180 days after the date of enactment of this Act, the Administrator shall revise procedures of the Air Traffic Organization to ensure an appropriate on-site supervisor makes each postaccident and postincident drug and alcohol testing determination in a timely manner based on an assessment of such supervisor of whether the event meets testing criteria and which controllers had duties pertaining to the involved aircraft without need to wait for investigation or approval. (c) Training (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall incorporate training on the revised postaccident and postincident drug and alcohol testing determination procedure described in subsection (b) for all staff of the Air Traffic Organization who have responsibilities under such procedure. (2) Requirements The training described under this subsection shall, at a minimum— (A) be administered during initial training, and annually thereafter; and (B) include a postlearning knowledge assessment. (d) Review (1) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall conduct a review of the ability of each FAA-operated air traffic control facility to routinely accomplish the required postaccident and postincident drug and alcohol testing within the Secretary’s specified timeframes of within 2 hours for alcohol testing and within 4 hours for drug testing. (2) Requirements The review described under this subsection shall, at a minimum, require each FAA-operated air traffic control facility to conduct a demonstration to establish the time that would be required for urine and breath evidence collection to begin if testing were unexpectedly needed during a time with the lowest routinely anticipated level of resource availability for testing. (3) Remediation After each review under paragraph (1), the Administrator shall work with the Secretary to mitigate identified barriers to timely postaccident and postincident drug and alcohol testing, and to remediate the performance of each facility for which the demonstration under paragraph (2) indicated inability to meet required timeframes for postaccident drug or alcohol testing. (4) Report Not later than 3 months after each review under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report detailing the results of the review, including facilities in need of remediation, progress at facilities previously identified for remediation, and planned approaches to remediation.
(a) Sense of Congress The Administrator shall abide by DOT Order 3910.1D, titled Drug and Alcohol-Free Departmental Workplace Program (or any successor document) to ensure appropriate postaccident and postincident drug and alcohol testing. (b) Revision of procedures Not later than 180 days after the date of enactment of this Act, the Administrator shall revise procedures of the Air Traffic Organization to ensure an appropriate on-site supervisor makes each postaccident and postincident drug and alcohol testing determination in a timely manner based on an assessment of such supervisor of whether the event meets testing criteria and which controllers had duties pertaining to the involved aircraft without need to wait for investigation or approval. (c) Training (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall incorporate training on the revised postaccident and postincident drug and alcohol testing determination procedure described in subsection (b) for all staff of the Air Traffic Organization who have responsibilities under such procedure. (2) Requirements The training described under this subsection shall, at a minimum— (A) be administered during initial training, and annually thereafter; and (B) include a postlearning knowledge assessment. (d) Review (1) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall conduct a review of the ability of each FAA-operated air traffic control facility to routinely accomplish the required postaccident and postincident drug and alcohol testing within the Secretary’s specified timeframes of within 2 hours for alcohol testing and within 4 hours for drug testing. (2) Requirements The review described under this subsection shall, at a minimum, require each FAA-operated air traffic control facility to conduct a demonstration to establish the time that would be required for urine and breath evidence collection to begin if testing were unexpectedly needed during a time with the lowest routinely anticipated level of resource availability for testing. (3) Remediation After each review under paragraph (1), the Administrator shall work with the Secretary to mitigate identified barriers to timely postaccident and postincident drug and alcohol testing, and to remediate the performance of each facility for which the demonstration under paragraph (2) indicated inability to meet required timeframes for postaccident drug or alcohol testing. (4) Report Not later than 3 months after each review under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report detailing the results of the review, including facilities in need of remediation, progress at facilities previously identified for remediation, and planned approaches to remediation.
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