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If you have questions or comments regarding a published document please (iii) Meet the requirements of this subpart as if you were an employer. (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. (2) The aircraft must be reinspected by maintenance personnel who meet the requirements of paragraph (b) of this section when the aircraft is next at an airport where such maintenance personnel are available. (3) The employer shall ensure that supervisors who will make reasonable cause determinations receive at least 60 minutes of initial training. ( b) If a proceeding includes both matters covered by the Act and matters specifically excluded from coverage, any award made will include only fees and expenses related to covered issues . 47.2 Definitions. 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. Medical Review Officer, Substance Abuse Professional, and Employer Responsibilities. 1201, 78 FR 42003, July 15, 2013]. (5) Documentation of all training given to employees and supervisory personnel must be included in the training program. (1) Except as provided in paragraphs (d) and (e) of this section, to obtain a Drug and Alcohol Testing Program Registration from the FAA you must submit the following information to the Office of Aerospace Medicine, Drug Abatement Division: (3) This Drug and Alcohol Testing Program Registration will satisfy the registration requirements for both your drug testing program under subpart E of this part and your alcohol testing program under this subpart. Your employees who perform safety-sensitive duties must be tested in accordance with this subpart. At least two of the employee's supervisors, one of whom is trained in detection of the symptoms of possible drug use, must substantiate and concur in the decision to test an employee who is reasonably suspected of drug use; except that in the case of an employer, other than a part 121 certificate holder, who employs 50 or fewer employees who perform safety-sensitive functions, one supervisor who is trained in detection of symptoms of possible drug use must substantiate the decision to test an employee who is reasonably suspected of drug use. Navigate by entering citations or phrases (e) Covered employee means an individual who performs, either directly or by contract, a safety-sensitive function listed in 120.105 and 120.215 for an employer (as defined in paragraph (g) of this section). Using the eCFR Point-in-Time System Organization and Purpose Title 14 was last amended 6/16/2023. (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. 120.123 Drug testing outside the territory of the United States. If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. 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. You may also use the electronic version of the MIS form provided by DOT. 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. (1) No covered employee tested under this subpart who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions for an employer, nor shall an employer permit the employee to perform or continue to perform safety-sensitive functions, until: (i) The employee's alcohol concentration measures less than 0.02; or. The Substance Abuse Professional may terminate the requirement for follow-up testing at any time after the first six tests have been conducted, if the Substance Abuse Professional determines that such testing is no longer necessary. The following applicable regulations appear in 49 CFR and 14 CFR: (a) 49 CFR Part 40Procedures for Transportation Workplace Drug Testing Programs. (c) Any reproduction or alteration, for fraudulent purposes, of any report or record required to be kept by this subpart. (2) Suspension or revocation of any certificate or rating issued under part 63 of this chapter. If a test required by this section is not administered within 8 hours following the determination made under paragraph (d)(2) of this section, the employer shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test. 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. No covered employee who has actual knowledge of an accident involving an aircraft for which he or she performed a safety-sensitive function at or near the time of the accident shall use alcohol for 8 hours following the accident, unless he or she has been given a post-accident test under subpart F of this part, or the employer has determined that the employee's performance could not have contributed to the accident. No certificate holder 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. (6) As an employer, you must select and test a percentage of employees at least equal to the minimum annual percentage rate each year. Before performing an alcohol test under this subpart, each employer shall notify a covered employee that the alcohol test is required by this subpart. (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. Search & Navigation If you work for a Federal agency, use this drafting (a) Each company must meet the requirements of this subpart. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. 120.227 Employees located outside the U.S. (1) A part 119 certificate holder with authority to operate under parts 121 or 135. It is not an official legal edition of the CFR. Legislation & Policies; Regulations & Guidelines; Advisory Circulars; Top Tasks. Each employer shall ensure that persons designated to determine whether reasonable suspicion exists to require a covered employee to undergo alcohol testing under 120.217(d) of this subpart receive at least 60 minutes of training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse. Part 1 - Definitions And Abbreviations. The employer and the MRO shall permit the Administrator or the Administrator's representative to examine records required to be kept under this subpart and 49 CFR part 40. (c) If a certificate holder conducts an on-demand operation into an airport at which no maintenance providers are available that are subject to the requirements of subpart F of this part and emergency maintenance is required, the certificate holder may use individuals not meeting the requirements of paragraph (b) of this section to provide such emergency maintenance under both of the following conditions: This subpart contains the standards and components that must be included in a drug testing program required by this part. (c) Employer responsibility. (1) Each employer shall implement a reasonable program of initial training for employees. (3) An employer must forward to the Federal Air Surgeon within 2 working days of receipt, copies of all reports provided to the employer by a SAP regarding the following: (i) An individual who the MRO has reported to the Federal Air Surgeon under 120.113 (d)(1); or. (5) Once the Federal Air Surgeon has recommended under paragraph (c)(4) of this section that the employee be permitted to perform safety-sensitive duties, the employer cannot permit the employee to perform those safety-sensitive duties until the employer has ensured that the employee meets the return to duty requirements in accordance with 49 CFR part 40. 120.107 Substances for which testing must be conducted. (j) Positive rate for random drug testing means the number of verified positive results for random drug tests conducted under subpart E of this part, plus the number of refusals of random drug tests required by subpart E of this part, divided by the total number of random drug test results (i.e., positives, negatives, and refusals) under subpart E of this part. Each employer shall test each employee who performs a safety-sensitive function for the presence of a prohibited drug in the employee's system if that employee's performance either contributed to an accident or cannot be completely discounted as a contributing factor to the accident. (e) Return to duty drug testing. (a) Purpose. (x) The consequences for covered employees found to have an alcohol concentration of 0.02 or greater but less than 0.04. No. (a) Purpose. (i) Have an Antidrug and Alcohol Misuse Prevention Program Operations Specification, (ii) Implement an FAA drug testing program no later than the date you start operations, and. No. 49 CFR 172.101 Notification must be sent to: Federal Aviation Administration, Office of Aerospace Medicine, Drug Abatement Division (AAM800), 800 Independence Avenue, SW., Washington, DC 20591, or by fax to (202) 2675200. 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. The employee training program must include at least the following elements: (i) The effects and consequences of drug use on individual health, safety, and work environment; (ii) The manifestations and behavioral cues that may indicate drug use and abuse; and. Employers that will be required to submit annual reports under this provision will be notified in writing by the FAA. 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. (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. (e) Required evaluation and alcohol testing. An employee is also an individual who transfers into a position to perform a safety-sensitive function for an employer. (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. (1) Records concerning drug tests confirmed positive by the laboratory shall be maintained by the MRO for 5 years. Administrative claim, when presented; appropriate office. This subpart contains the standards and components that must be included in an alcohol testing program required by this part. (2) An employee who engages in alcohol use that violates another alcohol misuse provision of 120.19 or 120.37, and who had previously engaged in alcohol use that violated the provisions of 120.19 or 120.37 after becoming subject to such prohibitions, is permanently precluded from performing for an employer the safety-sensitive duties the employee performed before such violation. (b) Alcohol means any substance specified in 49 CFR part 40. (d) All contractors who elect to implement a drug and alcohol testing program under this part. (a) The employer shall provide an EAP for employees. (2) No employer may allow an individual to transfer from a nonsafety-sensitive to a safety-sensitive function unless the employer first conducts a pre-employment test and receives a verified negative drug test result for the individual. (b) The provisions of this subpart shall not apply to any individual who performs a function listed in 120.105 by contract for an employer outside the territory of the United States. A covered employee must not refuse to submit to any alcohol test required under subpart F of this part. How to implement an alcohol testing program. (1) Except as provided in paragraphs (b)(2) through (b)(4) of this section, the minimum annual percentage rate for random drug testing shall be 50 percent of covered employees.

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