overview8060-12.rtf

FAA Form 8060-12

AUTHORIZATION FOR RELEASE OF DOT DRUG AND ALCOHOL TESTING RECORDS UNDER PRIA AND MAINTAINED UNDER TITLE 49 CODE OF FEDERAL REGULATIONS (49 CFR) PART 40

Pilot Records Improvement Act Of 1996 (PRIA) 49 U.S.C. § 44703(h)

(Overview and Use Of FAA Form 8060-12)

1. Part I – Records Request And Airman Consent For The Release Of Records. A list of specific drug and alcohol testing records to be furnished through this request is provided in Part I of FAA Form 8060-12. Part I is also used by the hiring air carrier or other person who has employed the individual as a pilot at any time during the 5-year period preceding the date on the employment application:

1. To notify that individual that an FAA records request under PRIA for certain DOT drug and alcohol testing records will be conducted;

2. Of a request for certain DOT drug and alcohol testing records under PRIA concerning that individual; and

3. To obtain written consent for the release of such records from that individual who is the subject of the request.

NOTE: If the individual has requested a copy of the air carrier records as recorded on FAA Form 8060-11A, any related DOT drug and alcohol testing records must be included with other PRIA related records as a result of that request. Additional information concerning the inspection of drug and alcohol testing records may be found in FAA ORDER 8000.88 ‘PRIA Guidance For FAA Inspectors’ at para. 3-3.

2. Part II – Records To Be Provided. A list of questions to be completed by the previous employer and returned to the hiring employer is provided in Part II of FAA Form 8060-12. Part II is also used by the previous employer to document the existence of certain DOT drug and alcohol testing records that are to be provided to the hiring air carrier. Consider the following guidelines when either requesting or providing DOT drug and alcohol testing records.

a. Any ‘NO’ response in Part II of FAA Form 8060-12 still requires the previous employer(s) to furnish a copy of the appropriate negative drug or alcohol testing results for that respective question.

b. To further clarify, copies of both positive as well as negative DOT drug and alcohol testing results from previous employers over the last 5 years are to be provided to the requestor. Obtaining a copy of the form on the DOT website, where previous employers simply ‘check off’ that there were no rule violations, is not acceptable.

c. In addition to obtaining records from all previous employers over the last 5 years, the new employer must ask all applicants about their drug and alcohol testing history under DOT-agency testing rules, in order to satisfy 49 CFR part 40 section 40.25(j). Unlike the time period required under PRIA, this testing history obtained under section 40.25(j) covers a period of only 2 years.

d. Upon official FAA records inspection or review, the FAA inspector should accept the medical review officer’s (MRO) letter to an entity as the record of the test. It is not necessary to obtain a copy of the chain of custody, random list, or other such documents. 49 CFR section 40.163(b) allows a photocopy of Copy 2 of the Federal Drug Testing Custody and Control Form (CCF) to be provided as a written report for each test result under 49 CFR section 40.163(c).

e. Under 49 CFR section 40.163(c), an MRO cannot respond to an entity request ‘en masse’ and must instead, provide an individual report for each person tested. While 49 CFR section 40.163(d) permits the report to be conveyed in an electronic data file instead of a letter, there is no provision for reporting multiple results in the same electronic file.

f. PRIA drug and alcohol testing records are not subject to the document retention conditions found in 49 CFR part 40 section 40.333. All PRIA records, including drug and alcohol testing records are required by 49 U.S.C. § 44703(h)(4) to be maintained for at least 5 years.

g. Therefore, to fulfill the requirements of PRIA, an entity must obtain both positive and negative test results for the individual for the last 5 years. The negative results may be provided with a photocopy of Copy 2 of the CCF or in an individualized report generated by the MRO in accordance with 49 CFR section 40.163.

3. Distribution. FAA Form 8060-12 is attached to FAA Forms 8060-11 and 8060-11A and either mailed or faxed to all previous employers which used the applicant as a pilot at any time during the previous 5-year period. A copy should then be provided to all applicants for their personal records.

4. Use Of FAA Form 8060-12. Even though the use of FAA Form 8060-12 is not currently required, this form has been very carefully designed to combine both the records requirements of PRIA with those of 49 CFR part 40. Any air carrier not using this form could be an indication that they may not be in compliance with the drug and alcohol testing record check requirements of part 40, and as a result, could trigger an additional inquiry by AAM-800. It is a good business practice, therefore, to use FAA Form 8060-12 even though the air carrier may not be utilizing other official PRIA forms.

5. Instructions. Instructions for the completion of this form are attached to the form itself on-line, in AC 120-68, or in the PRIA Office Procedures For The Air Carrier.

6. The Form. There are two on-line sources for FAA Form 8060-12:

1. http://www.faa.gov/pilots/lic_cert/pria/ and http://forms.faa.gov/

(AFS-620 PRIA 032) Version 1.3 / 7-5-2006 / JAR-PMK Page 2 of 2