Comments or questions about document content can not be answered by OFR staff. 120.13 Refusal to submit to a drug or alcohol test by a Part 63 certificate holder. (1) 67.107First-Class Airman Medical Certificate, Mental. No. (a) Employer obligation to promulgate a policy on the misuse of alcohol. Each employer shall provide educational materials that explain these alcohol testing requirements and the employer's policies and procedures with respect to meeting those requirements. A separate drafting site Register with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM800), 800 Independence Avenue SW., Washington, DC 20591, if you opt to conduct your own alcohol testing program. No covered employee shall use alcohol while performing safety-sensitive functions. Code of Federal Regulations (Annual Edition) | GovInfo (d) For purposes of this section, emergency maintenance means maintenance that. eCFR :: 14 CFR Part 107 -- Small Unmanned Aircraft Systems (FAR Part 107) An employer may not permit an employee who refuses to submit to such a test to perform or continue to perform safety-sensitive functions. The Administrator may designate means (e.g., electronic program transmitted via the Internet) other than hard-copy, for MIS form submission. 49 CFR 172.101 Organization and Purpose The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. (5) Documentation of all training given to employees and supervisory personnel must be included in the training program. Register with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM800), 800 Independence Avenue SW., Washington, DC 20591, if you opt to conduct your own drug testing program. 120.111 Administrative and other matters. (2) The number and frequency of such testing shall be determined by the employer's SAP, but must consist of at least six tests in the first 12 months following the employee's return to duty. (5) Reports required under this section shall be forwarded to the Federal Air Surgeon, Federal Aviation Administration, Office of Aerospace Medicine, Attn: Drug Abatement Division (AAM800), 800 Independence Avenue, SW., Washington, DC 20591. (2) You must certify on your Antidrug and Alcohol Misuse Prevention Program Operations Specification issued by your FAA Principal Operations Inspector or Principal Maintenance Inspector that you will comply with this part and 49 CFR part 40. If the individual answers in the affirmative, the individual must obtain an airman medical certificate issued by the Federal Air Surgeon dated after the verified positive drug test result date or refusal to test date. is available with paragraph structure matching the official CFR 120.123 Drug testing outside the territory of the United States. (i) When the minimum annual percentage rate for random alcohol testing is 10 percent, and the data received under the reporting requirements of this subpart for that calendar year indicate that the violation rate is equal to or greater than 0.5 percent but less than 1.0 percent, the Administrator will increase the minimum annual percentage rate for random alcohol testing to 25 percent of all covered employees. (5) A part 145 certificate holder who has your own drug testing program. FAA20080937, 74 FR 22653, May 14, 2009, as amended by Docket DOTOST20210093, 88 FR 27636, May 2, 2023]. (c) Release of drug testing information. eCFR :: 14 CFR Chapter I -- Federal Aviation Administration, Department (FAR 39.15) Agencies that are currently associated with specific eCFR content are now displayed in the "Details" sidebar area. (2) No employer shall permit any covered employee to perform safety-sensitive functions if the employer has determined that the employee has violated this section. (1) Annual reports of alcohol testing program results must be submitted to the FAA by March 15 of the succeeding calendar year for the prior calendar year (January 1 through December 31) in accordance with the provisions of paragraphs (b)(1)(i) through (iii) of this section. ( a) Purpose. If you are an employer conducting random testing more often than once per month (e.g., you select daily, weekly, bi-weekly) you do not need to compute this total number of safety-sensitive employees more than on a once per month basis. For purposes of pre-employment testing only, the term covered employee includes an individual applying to perform a safety-sensitive function. Any such additional policies or consequences must be clearly and obviously described as being based on independent authority. FAR). Obtain a Letter of Authorization by contacting the Flight Standards District Office nearest to your principal place of business. For the purposes of this part, the following definitions apply: (a) Accident means an occurrence associated with the operation of an aircraft which takes place between the time any individual boards the aircraft with the intention of flight and all such individuals have disembarked, and in which any individual suffers death or serious injury, or in which the aircraft receives substantial damage. This does not prohibit an employer with authority independent of this rule from taking any action otherwise consistent with law. FAA20080937, 74 FR 22653, May 14, 2009; Amdt. Please do not provide confidential The Code of Federal Regulations (CFR) annual edition is the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. Access to an employee's records shall not be contingent upon payment for records other than those specifically requested. The decision not to administer a test under this section must be based on a determination, using the best information available at the time of the determination, that the employee's performance could not have contributed to the accident. Comments or questions about document content can not be answered by OFR staff. (2) Required content. 1/1.1 (i) Have an Antidrug and Alcohol Misuse Prevention Program Operations Specification and a Letter of Authorization, (ii) Implement your combined FAA drug testing program no later than the date you start operations, and, (4) Intend to begin air traffic control operations (at an air traffic control facility not operated by the FAA or by or under contract to the U.S. military). The SAP must perform the functions set forth in 49 CFR part 40, subpart O, and this subpart. (3) This Drug and Alcohol Testing Program Registration will satisfy the registration requirements for both your drug testing program under this subpart and your alcohol testing program under subpart F of this part. (b) Refusal by the holder of a certificate issued under part 63 of this chapter to take a drug or alcohol test required under the provisions of this part is grounds for: (1) Denial of an application for any certificate or rating issued under part 63 of this chapter for a period of up to 1 year after the date of such refusal; and. We recommend you directly contact the agency associated with the content in question. 120.219 Handling of test results, record retention, and confidentiality. Such records include the MRO copies of the custody and control form, medical interviews, documentation of the basis for verifying as negative test results confirmed as positive by the laboratory, any other documentation concerning the MRO's verification process. eCFR :: 14 CFR Part 147 Subpart B -- Certification and Operating In order to ensure reliability of the data, the Administrator considers the quality and completeness of the reported data, may obtain additional information or reports from employers, and may make appropriate modifications in calculating the industry violation rate. (1) As part of verifying a confirmed positive test result or refusal to submit to a test, the MRO must ask and the individual must answer whether he or she holds an airman medical certificate issued under 14 CFR part 67 or would be required to hold an airman medical certificate to perform a safety-sensitive function for the employer. 120.107 Substances for which testing must be conducted. The safety-sensitive functions are: (5) Aircraft maintenance or preventive maintenance duties. (1) An employee who violates 120.19(c) or 120.37(c) is permanently precluded from performing for an employer the safety-sensitive duties the employee performed before such violation. eCFR :: 14 CFR 111.320 -- Reporting errors and requesting corrections 120.15 Refusal to submit to a drug or alcohol test by a Part 65 certificate holder. In addition to the records required to be maintained under 49 CFR part 40, employers must maintain records required by this subpart in a secure location with controlled access. The supervisor who makes the determination that reasonable suspicion exists shall not conduct the breath alcohol test on that employee. (B) To calculate the average number of safety-sensitive employees eligible for random testing throughout the year, add the total number of safety-sensitive employees eligible for testing during each random testing period for the year and divide that total by the number of random testing periods. The required observations shall be made by a supervisor who is trained in detecting the symptoms of alcohol misuse. (7) Each employer shall ensure that random drug tests conducted under this subpart are unannounced and that the dates for administering random tests are spread reasonably throughout the calendar year. (b) As an employer, you must use the Management Information System (MIS) form and instructions as required by 49 CFR part 40 (at 49 CFR 40.26 and appendix J to 49 CFR part 40). (4) The employer must not permit an employee who is required to hold an airman medical certificate under 14 CFR part 67 to perform a safety-sensitive duty to resume that duty until the employee has: (i) Been issued an airman medical certificate from the Federal Air Surgeon after the date of the verified positive drug test result or refusal to test; and. FAA20080937, 74 FR 22653, May 14, 2009, as amended by Amdt. The chart follows: (c) If you are an individual or company that intends to provide safety-sensitive services by contract to a part 119 certificate holder with authority to operate under parts 121 and/or 135 of this chapter, an operation as defined in 91.147 of this chapter, or an air traffic control facility not operated by the FAA or by or under contract to the U.S. military, use the following chart to determine what you must do if you opt to have your own drug testing program. (a) This section applies to all individuals who hold a certificate under part 65 of this chapter and who are subject to drug and alcohol testing under this part. (b) No employer shall use any individual who meets the definition of covered employee in subpart A of this part to perform a safety-sensitive function listed in subpart F of this part unless that individual is subject to testing for alcohol misuse in accordance with the provisions of that subpart. Any such drug testing shall be conducted in accordance with the provisions of 49 CFR part 40. [Doc. (c) Substance abuse professional (SAP) duties. No. eCFR :: 14 CFR 29.21 -- Proof of compliance. (FAR 29.21) No covered employee shall use alcohol while performing safety-sensitive functions. Title 14 was last amended 6/16/2023. (3) Alcohol testing is authorized by this section only if the observations required by paragraph (d)(2) of this section are made during, just preceding, or just after the period of the work day that the covered employee is required to be in compliance with this rule. (Part 119 certificate holders with authority to operate only under part 121 of this chapter are not required to provide this information.). It is not an official legal edition of the CFR. (4) If the following criteria are met, an employer is permitted to conduct a pre-employment test, and if such a test is conducted, the employer must receive a negative test result before putting the individual into a safety-sensitive function: (i) The individual previously performed a safety-sensitive function for the employer and the employer is not required to pre-employment test the individual under paragraphs (a)(1) or (2) of this section before putting the individual to work in a safety-sensitive function; (ii) The employer removed the individual from the employer's random testing program conducted under this subpart for reasons other than a verified positive test result on an FAA-mandated drug test or a refusal to submit to such testing; and. 1200A, 75 FR 3154, Jan. 20, 2010, as amended by Amdt. (3) You must conduct the pre-employment tests after making a contingent offer of employment or transfer, subject to the employee passing the pre-employment alcohol test. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. 120.223 Alcohol misuse information, training, and substance abuse professionals. user convenience only and is not intended to alter agency intent The safety-sensitive functions are: (e) Aircraft maintenance and preventive maintenance duties. (d) Each employer shall test each of its employees who perform any air traffic control function in accordance with subpart E of this part. (ix) The consequences for covered employees found to have violated the prohibitions in this chapter, including the requirement that the employee be removed immediately from performing safety-sensitive functions, and the process in 49 CFR part 40, subpart O. (6) As an employer, you must select and test a percentage of employees at least equal to the minimum annual percentage rate each year. formatting. 1200A, 75 FR 3154, Jan. 20, 2010, as amended by Amdt. (4) Follow-up testing shall not exceed 60 months after the date the individual begins to perform, or returns to the performance of, a safety-sensitive function. The purpose of this subpart is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol by employees who perform safety-sensitive functions in aviation. (1) A drug and alcohol testing program is considered registered when the following information is submitted to the Flight Standards District Office nearest your principal place of business: (iii) Address where your drug and alcohol testing program records are kept. This contact form is only for website help or website suggestions. 120.115 Employee Assistance Program (EAP). (b) Training for supervisors. (i) Have an Antidrug and Alcohol Misuse Prevention Program Operations Specifications or register with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM800), 800 Independence Avenue, SW., Washington, DC 20591, (ii) Implement an FAA alcohol testing program no later than the date you start performing safety-sensitive functions for a part 119 certificate holder with the authority to operate under parts 121 and/or 135, or operator as defined in, (ii) Implement an FAA alcohol testing program no later than the date you start performing safety-sensitive functions for a part 119 certificate holder with authority to operate under parts 121 and/or 135, or operator as defined in, Federal Aviation Administration, Department of Transportation. (e) Permanent disqualification from service. Subpart DPart 119 Certificate Holders Authorized To Conduct Operations under Part 121 or Part 135 or Operators Under, Subpart EDrug Testing Program Requirements. (i) As an employer, to determine whether you have met the minimum annual percentage rate, you must divide the number of random testing results for safety-sensitive employees by the average number of safety-sensitive employees eligible for random testing. The test cannot occur until after the SAP has determined that the employee has successfully complied with the prescribed education and/or treatment. The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. How to implement an alcohol testing program. 49 CFR 172.101 This content is from the eCFR and is authoritative but unofficial. No employer having actual knowledge that an employee has an alcohol concentration of 0.04 or greater shall permit the employee to perform or continue to perform safety-sensitive functions. (2) Intend to begin operations as defined in, (3) Apply for a part 119 certificate with authority to operate under parts 121 or 135 and intend to begin operations as defined in. . (v) Whether you have 50 or more safety-sensitive employees, or 49 or fewer safety-sensitive employees. 106(f), 106(g), 40113, 44701. 14 CFR part or section identified and described Current OMB control number Part 13.5: 2120-0795 Part 14: 2120-0539 Part 17: 2120-0632 Part 21: (xii) Optional provisions. The employee shall be tested as soon as possible but not later than 32 hours after the accident. (2) No covered employee shall perform safety-sensitive duties other than those specified in paragraph (d)(1) of this section within 4 hours after using alcohol. (1) Each covered employee who is assigned to perform safety-sensitive functions solely outside the territory of the United States shall be removed from the random testing pool upon the inception of such assignment. No. (a) Except as provided in paragraph (a)(2) of this section, these regulations preempt any State or local law, rule, regulation, or order to the extent that: (1) Compliance with both the State or local requirement and this subpart is not possible; or. (v) The circumstances under which a covered employee will be tested for alcohol under this subpart. Timeline views are not currently available for tables of contents. FAR). (3) A part 119 certificate holder with authority to operate under parts 121 or 135 and an operator as defined in, Complete the requirements in paragraphs 1 and 2 of this chart and advise the Flight Standards District Office and the Drug Abatement Division that the, (4) An air traffic control facility not operated by the FAA or by or under contract to the U.S. Military. No employer shall allow an individual required to undergo return-to-duty testing to perform a safety-sensitive function unless the employer has received a verified negative drug test result for the individual. Under the selection process used, each covered employee shall have an equal chance of being tested each time selections are made. Navigate by entering citations or phrases Search & Navigation No covered employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. Each employer shall ensure that before an individual is returned to duty to perform a safety-sensitive function after refusing to submit to a drug test required by this subpart or receiving a verified positive drug test result on a test conducted under this subpart the individual shall undergo a return-to-duty drug test. (xi) Information concerning the effects of alcohol misuse on an individual's health, work, and personal life; signs and symptoms of an alcohol problem; available methods of evaluating and resolving problems associated with the misuse of alcohol; and intervening when an alcohol problem is suspected, including confrontation, referral to any available employee assistance program, and/or referral to management. No. (2) If a test required by this section is not administered within 2 hours following the accident, the employer shall prepare and maintain on file a record stating the reasons the test was not promptly administered. The receipt of an airman medical certificate does not alter any obligations otherwise required by 49 CFR part 40 or this subpart. (2) Should the employer change MRO's for any reason, the employer shall ensure that the former MRO forwards all records maintained pursuant to this rule to the new MRO within ten working days of receiving notice from the employer of the new MRO's name and address. (1) Each employer shall implement a reasonable program of unannounced testing of each individual who has been hired to perform or who has been returned to the performance of a safety-sensitive function after refusing to submit to a drug test required by this subpart or receiving a verified positive drug test result on a test conducted under this subpart. No employer may use any contractor to perform an air traffic control function unless that contractor provides each of its employees performing that function for the employer, and his or her supervisor, with the training specified in subpart E of this part. The provisions of 49 CFR part 40 that address alcohol testing are made applicable to employers by this subpart. (v) Whether you have 50 or more covered employees, or 49 or fewer covered employees. A covered employee may not refuse to submit to any alcohol test required under subpart F of this part.

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