The FAA program that permits employers to voluntarily report violations of the drug and alcohol testing regulations as a means to avoid agency penalty enforcement action does not come without limitations. According to new Advisory Circular 120-117, the FAA does not accept a voluntary disclosure if the violation is discovered “during, or in anticipation of, an FAA investigation/inspection or in association with an accident or incident.”
An employer’s submission must also meet the following conditions to be covered under this program: the FAA is notified before it learns of violation by other means; the violation is inadvertent; the violation does not reflect a lack of qualification; and immediate action and development of a comprehensive fix satisfactory to the FAA is taken.
If the FAA becomes aware that the disclosure did not meet the requirements for acceptance under the program, the acceptance will be withdrawn. “In such a circumstance, the FAA may use the evidence gathered under the program to proceed with enforcement action,” the agency said in the AC.
The circular also describes how information under the program is to be submitted and what to expect from the FAA in response. Finally, it notes that records the FAA accepts in accordance with this AC “are protected from release to the public.”
