The United States government has filed a civil complaint in federal district court against Boutique Air, Inc., a passenger air carrier based in San Francisco. The action seeks to enforce civil penalties assessed by the Federal Aviation Administration (FAA) for alleged violations related to employee drug and alcohol testing program compliance.
Boutique Air operates scheduled and charter flights as an FAA-certified air carrier. Federal regulations require such carriers to conduct drug and alcohol records checks, provide training, report incidents, and maintain records. One regulation prohibits allowing newly hired employees to perform safety-sensitive duties for more than 30 days without obtaining their drug and alcohol testing history from previous transportation industry employers or making a good faith effort to do so.
According to the complaint, Boutique Air failed to carry out these required records checks on 21 employees hired into safety-sensitive positions such as mechanics, a pilot, and a ground security coordinator. The FAA found that between August 2020 and September 2021, these employees were authorized to work beyond the allowed 30-day period without the necessary information from prior employers.
On September 22, 2023, the FAA issued a letter informing Boutique Air of its conclusion that the company violated federal regulations regarding drug and alcohol records checks on 21 occasions. The agency sought payment of a civil penalty totaling $291,417. The current complaint aims to collect this penalty.
United States Attorney Craig H. Missakian and FAA Chief Counsel Liam McKenna announced the filing of the complaint. Assistant U.S. Attorney Sapna Mehta is handling the case, which was investigated by the FAA.
“The complaint contains allegations only, and there has been no determination of liability.”
