Volume: 3Date: 2022-01-01Original Date: 2022-01-01Title: Section 120.103 - General.Context:
Title 14 - Aeronautics and Space. CHAPTER I - FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION (CONTINUED). SUBCHAPTER G - AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE: CERTIFICATION AND OPERATIONS. PART 120 - DRUG AND ALCOHOL TESTING PROGRAM. Subpart E - Drug Testing Program Requirements.
§ 120.103General.
(a)
Purpose.
The purpose of this subpart is to establish a program designed to help prevent accidents and injuries resulting from the use of prohibited drugs by employees who perform safety-sensitive functions.
Code of Federal Regulations /
Title 14 - Aeronautics and Space /
Vol. 3 / 2022-01-0153
(b)
DOT procedures.
(1) Each employer shall ensure that drug testing programs 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 Transportation (DOT) (49 CFR part 40).
(2) An employer may not use or contract with any drug testing laboratory that is not certified by the Department of Health and Human Services (HHS) under the National Laboratory Certification Program.
(c)
Employer responsibility.
As an employer, you are responsible for all actions 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 Testing Programs(2) 14 CFR:(i) § 67.107—First-Class Airman Medical Certificate, Mental.(ii) § 67.207—Second-Class Airman Medical Certificate, Mental.(iii) § 67.307—Third-Class Airman Medical Certificate, Mental.(iv) § 91.147—Passenger carrying flight for compensation or hire.(v) § 135.1—Applicability(e) Falsification. No individual may make, or cause to be made, any of the following:(1) Any fraudulent or intentionally false statement in any application of a drug testing program.(2) Any fraudulent or intentionally false entry in any record or report that is made, kept, or used to show compliance with this part.(3) Any reproduction or alteration, for fraudulent purposes, of any report or record required to be kept by this part.