52
14 CFR Ch. I (1–1–24 Edition)
§ 120.39
or to continue to perform safety-sen-
sitive functions.
(e)
Use following an accident.
No cov-
ered employee who has actual knowl-
edge of an accident involving an air-
craft 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, un-
less he or she has been given a post-ac-
cident test under subpart F of this
part, or the employer has determined
that the employee’s performance could
not have contributed to the accident.
(f)
Refusal to submit to a required alco-
hol test.
A covered employee must not
refuse to submit to any alcohol test re-
quired under subpart F of this part. A
certificate holder must not permit an
employee who refuses to submit to
such a test to perform or continue to
perform safety-sensitive functions.
§ 120.39 Testing for alcohol.
(a) Each certificate holder must es-
tablish an alcohol testing program in
accordance with the provisions of sub-
part F of this part.
(b) Except as provided in paragraph
(c) of this section, no certificate holder
or operator may use any individual
who meets the definition of covered
employee in subpart A of this part to
perform a safety-sensitive function
listed in that subpart F of this part un-
less that individual is subject to test-
ing for alcohol misuse in accordance
with the provisions of that subpart.
(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 re-
quirements of subpart F of this part
and emergency maintenance is re-
quired, the certificate holder may use
individuals not meeting the require-
ments of paragraph (b) of this section
to provide such emergency mainte-
nance under both of the following con-
ditions:
(1) The certificate holder must give
written notification of the emergency
maintenance to the Drug Abatement
Program Division, AAM–800, 800 Inde-
pendence Avenue, SW., Washington, DC
20591, within 10 days after being pro-
vided same in accordance with this
paragraph. A certificate holder must
retain copies of all such written notifi-
cations for two years.
(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.
(d) For purposes of this section,
emergency maintenance means main-
tenance that—
(1) Is not scheduled and
(2) Is made necessary by an aircraft
condition not discovered prior to the
departure for that location.
Subpart E—Drug Testing Program
Requirements
§ 120.101 Scope.
This subpart contains the standards
and components that must be included
in a drug testing program required by
this part.
§ 120.103 General.
(a)
Purpose.
The purpose of this sub-
part is to establish a program designed
to help prevent accidents and injuries
resulting from the use of prohibited
drugs by employees who perform safe-
ty-sensitive functions.
(b)
DOT procedures.
(1) Each employer
shall ensure that drug testing pro-
grams conducted pursuant to 14 CFR
parts 65, 91, 121, and 135 comply with
the requirements of this subpart and
the ‘‘Procedures for Transportation
Workplace Drug Testing Programs’’
published by the Department of Trans-
portation (DOT) (49 CFR part 40).
(2) An employer may not use or con-
tract with any drug testing laboratory
that is not certified by the Department
of Health and Human Services (HHS)
under the National Laboratory Certifi-
cation Program.
(c)
Employer responsibility.
As an em-
ployer, you are responsible for all ac-
tions of your officials, representatives,
and service agents in carrying out the
requirements of this subpart and 49
CFR part 40.
(d)
Applicable Federal Regulations.
The
following applicable regulations appear
in 49 CFR or 14 CFR:
(1) 49 CFR Part 40—Procedures for
Transportation Workplace Drug Test-
ing Programs