Clear Skies, Hidden Storms: The Soaring Increase in FAA Violations

Mega-employers trying to fit into federal regulations and procedures cultivated for the less-than-average company is like trying to park an 18-wheeler into a bicycle parking spot...

In the recent months, 50% of violations were administered because of a lack of proper random testing routines.

In recent months, the FAA has taken a firm stance against entities within the aviation industry that have failed to uphold these random testing protocols. The FAA imposed approximatley $150,000 in violation fees on various aviation organizations and employers who were found to have inadequate procedures in place.

These violations included instances where their vendors or TPAs contributed to:

1. Loss of validity testing: Most aviation employers utilized contracted on-site organizations (such as, clinics located in airports) with multiple known locations... (ex: Employer uses clinic that has 5 known on-site airport locations = Safety-sensitive positions had an increased knowledge on when they could be tested and where, especially pilots going from and flying to destination locations)...
2. Improper point of action: Mega-airlines transferred experienced workers into safety-sensitive positions, but failed to obtain their drug and alcohol testing records from their previous employers within the required timeframe. All performed safety-sensitive duties after the period for obtaining the records had expired.
3. Testing percentages were not met: Some aviation employers failed to test the required percentage of their employees annually, allowing a potential gap in detecting substance abuse among their staff.
4. Errors in the random selection process: Errors in selecting employees for random testing, or the perception of bias in selection, can undermine the credibility of the testing program and raise concerns about its effectiveness. Point of conflict was evident.
5. Inadequate training: Employers must ensure that personnel involved in the testing process are properly trained and understand the procedures and regulations. Failure to do so resulted in errors or omissions.
6. Improper follow-ups: Aviations failed to conduct and manage return-to-duty and follow-up testing scheduling before allowing certain employees back into their safety-sensitive positions. Failed to conduct all required follow-up alcohol tests on safety-sensitive employees who had tested positive for alcohol and return-to-duty after successfully completing treatment programs.

Each of these juggled around hundreds and thousands of violation fees each.

How could this have been avoided for the mega-employer?

None other than adopting next-level implementations that serve their mega-employer needs, such as:

1. Careful Vendor / Third-Party-Administrator (TPA) Selection: Choose reliable and reputable vendors or Third-Party Administrators (TPAs) for drug and alcohol testing. Airlines should thoroughly vet these organizations to ensure they advance industry practices (and not just "meet" industry regulations)...
2. Utilize Vendor-Platform for All-Keeping
3. Ethical Culture and Reporting Mechanisms: Create a culture where employees know their role and responsibilities under federal regulations with the ability to self-report need for testing.
4. Deep Record Keeping: Both digital and physical.
5. Effective Frameworks: Adopting 2.0 safety and compliance measures to catch issues before they take the path on becoming a violations (think of a tumbleweed tumbling and ruining everything in its way).

P.S. These implementations can help any mega-employer. If you found this helpful... I have an effective strategy framework that serves mega-employers and its corresponding industry under federal agencies (FAA, FMCSA, FRA, FTA, PHMSA); send me a message and I'd be more than happy to send it over!