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WASHINGTON -- The U.S. Department of Transportation’s Federal Aviation
Administration (FAA) proposes a $211,000 civil penalty against Dukes Aerospace
Inc., of Northridge, Calif., for allegedly violating federal drug and alcohol
testing regulations. The FAA alleges that Dukes failed to: - Include four of its safety sensitive employees
in random drug and alcohol testing pools. Three of the four employees performed
safety sensitive functions while not in the random pool.
- Receive verified negative results before
transferring nine employees into safety sensitive positions.
- Ask 10 safety‑sensitive employees whether they had
tested positive or had refused to submit to a DOT pre-employment drug or
alcohol test at other companies they had applied to for safety‑sensitive
transportation work during the previous two years.
- Use a scientifically valid method of random
selection for a drug test, and conduct a random drug test on two employees
rather than the alcohol test for which they had been selected.
- Ensure that an employee underwent a directly
observed urine specimen collection immediately after having been informed that
the employee’s earlier specimen was invalid and the employee had no adequate
medical explanation for the result. The company allegedly directed a new
collection, but did not specify it had to be directly observed.
- Include all required elements in the company’s
drug and alcohol testing policy, specifically, the consequences for a verified
positive drug test or a refusal to test, and the consequences of using drugs
while performing a safety sensitive function.
Dukes has
requested to meet with the FAA to discuss the case.
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