United States Files Civil Complaint Against S.F.-Based Air Carrier To Enforce Penalties For Alleged Drug And Alcohol Testing Program Noncompliance

SAN FRANCISCO – The United States filed a civil complaint in federal district court this week against passenger air carrier Boutique Air, Inc. to enforce civil penalties that the Federal Aviation Administration (FAA) assessed for alleged violations of federal regulations governing drug and alcohol records checks on employees.

Boutique Air is a San Francisco-based air carrier that operates scheduled and charter flights.  As an FAA-certified air carrier, Boutique Air is required to comply with federal regulations governing workplace drug and alcohol testing, records checks, training, reporting, and recordkeeping requirements.  Among other requirements, FAA-certified air carriers are prohibited from permitting a newly hired employee to continue performing safety-sensitive functions for more than 30 days unless the carrier checks the employee’s drug and alcohol testing records from the employee’s prior transportation industry employers or makes a good faith effort to obtain the required information.  

According to the complaint, Boutique Air failed to conduct requisite drug and alcohol records checks on 21 employees that it hired into safety-sensitive positions, including mechanics, a pilot, and a ground security coordinator.  The FAA found that between August 2020 and September 2021, Boutique Air allegedly authorized 21 new employees to perform safety-sensitive functions beyond the 30-day threshold without obtaining, or making a good faith effort to obtain, requisite drug and alcohol testing information from those employees’ previous transportation industry employers.  

On Sept. 22, 2023, the FAA issued a letter to Boutique Air outlining the FAA’s conclusion that Boutique Air violated federal regulations governing drug and alcohol records checks on employees on 21 occasions and seeking payment of a civil penalty.  The maximum allowed penalty totals $291,417.  The complaint seeks collection of the civil penalty.  

United States Attorney Craig H. Missakian and FAA Chief Counsel Liam McKenna made the announcement.

Assistant U.S. Attorney Sapna Mehta is handling this case.  The FAA investigated this matter.

The complaint contains allegations only, and there has been no determination of liability.