56
14 CFR Ch. I (1–1–24 Edition)
§ 120.111
in detection of the symptoms of pos-
sible drug use, must substantiate and
concur in the decision to test an em-
ployee who is reasonably suspected of
drug use; except that in the case of an
employer, other than a part 121 certifi-
cate holder, who employs 50 or fewer
employees who perform safety-sen-
sitive 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.
(e)
Return to duty drug testing.
Each
employer shall ensure that before an
individual is returned to duty to per-
form a safety-sensitive function after
refusing to submit to a drug test re-
quired 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. 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 nega-
tive drug test result for the individual.
The test cannot occur until after the
SAP has determined that the employee
has successfully complied with the pre-
scribed education and/or treatment.
(f)
Follow-up drug testing.
(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.
(2) The number and frequency of such
testing shall be determined by the em-
ployer’s Substance Abuse Professional
conducted in accordance with the pro-
visions of 49 CFR part 40, but shall con-
sist of at least six tests in the first 12
months following the employee’s re-
turn to duty.
(3) The employer must direct the em-
ployee to undergo testing for alcohol in
accordance with subpart F of this part,
in addition to drugs, if the Substance
Abuse Professional determines that al-
cohol testing is necessary for the par-
ticular employee. Any such alcohol
testing shall be conducted in accord-
ance with the provisions of 49 CFR part
40.
(4) Follow-up testing shall not exceed
60 months after the date the individual
begins to perform or returns to the per-
formance of a safety-sensitive func-
tion. The Substance Abuse Professional
may terminate the requirement for fol-
low-up testing at any time after the
first six tests have been conducted, if
the Substance Abuse Professional de-
termines that such testing is no longer
necessary.
[Docket No. FAA–2008–0937, 74 FR 22653, May
14, 2009, as amended at 84 FR 16773, Apr. 23,
2019]
§ 120.111 Administrative and other
matters.
(a)
MRO record retention requirements.
(1) Records concerning drug tests con-
firmed positive by the laboratory shall
be maintained by the MRO for 5 years.
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 labora-
tory, any other documentation con-
cerning the MRO’s verification process.
(2) Should the employer change
MRO’s for any reason, the employer
shall ensure that the former MRO for-
wards 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.
(3) Any employer obtaining MRO
services by contract, including a con-
tract through a C/TPA, shall ensure
that the contract includes a record-
keeping provision that is consistent
with this paragraph, including require-
ments for transferring records to a new
MRO.
(b)
Access to records.
The employer
and the MRO shall permit the Adminis-
trator or the Administrator’s rep-
resentative to examine records re-
quired to be kept under this subpart
and 49 CFR part 40. The Administrator
or the Administrator’s representative
may require that all records main-
tained by the service agent for the em-
ployer must be produced at the em-
ployer’s place of business.
(c)
Release of drug testing information.
An employer shall release information
57
Federal Aviation Administration, DOT
§ 120.113
regarding an employee’s drug testing
results, evaluation, or rehabilitation to
a third party in accordance with 49
CFR part 40. Except as required by law,
this subpart, or 49 CFR part 40, no em-
ployer shall release employee informa-
tion.
(d)
Refusal to submit to testing.
Each
employer must notify the FAA within 2
working days of any covered employee
who holds a certificate issued under
part 61, part 63, or part 65 of this chap-
ter who has refused to submit to a drug
test required under this subpart. Noti-
fication must be sent to: Federal Avia-
tion Administration, Office of Aero-
space Medicine, Drug Abatement Divi-
sion (AAM–800), 800 Independence Ave-
nue, SW., Washington, DC 20591, or by
fax to (202) 267–5200.
(e)
Permanent disqualification from
service.
(1) An employee who has
verified positive drug test results on
two drug tests required by this subpart
of this chapter, and conducted after
September 19, 1994, is permanently pre-
cluded from performing for an em-
ployer the safety-sensitive duties the
employee performed prior to the sec-
ond drug test.
(2) An employee who has engaged in
prohibited drug use during the per-
formance of a safety-sensitive function
after September 19, 1994 is permanently
precluded from performing that safety-
sensitive function for an employer.
(f)
DOT management information sys-
tem annual reports.
Copies of any an-
nual reports submitted to the FAA
under this subpart must be maintained
by the employer for a minimum of 5
years.
[Docket No. FAA–2008–0937, 74 FR 22653, May
14, 2009, un, as amended by Docket DOT–
OST–2021–0093, 88 FR 27636, May 2, 2023]
§ 120.113 Medical Review Officer, Sub-
stance Abuse Professional, and Em-
ployer Responsibilities.
(a) The employer shall designate or
appoint a Medical Review Officer
(MRO) who shall be qualified in accord-
ance with 49 CFR part 40 and shall per-
form the functions set forth in 49 CFR
part 40 and this subpart. If the em-
ployer does not have a qualified indi-
vidual on staff to serve as MRO, the
employer may contract for the provi-
sion of MRO services as part of its drug
testing program.
(b)
Medical Review Officer (MRO).
The
MRO must perform the functions set
forth in subpart G of 49 CFR part 40,
and subpart E of this part. The MRO
shall not delay verification of the pri-
mary test result following a request for
a split specimen test unless such delay
is based on reasons other than the fact
that the split specimen test result is
pending. If the primary test result is
verified as positive, actions required
under this rule (e.g., notification to the
Federal Air Surgeon, removal from
safety-sensitive position) are not
stayed during the 72-hour request pe-
riod or pending receipt of the split
specimen test result.
(c)
Substance Abuse Professional (SAP).
The SAP must perform the functions
set forth in 49 CFR part 40, subpart O.
(d)
Additional Medical Review Officer,
Substance Abuse Professional, and Em-
ployer Responsibilities Regarding 14 CFR
part 67 Airman Medical Certificate Hold-
ers.
(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-sen-
sitive function for the employer. If the
individual answers in the affirmative
to either question, in addition to noti-
fying the employer in accordance with
49 CFR part 40, the MRO must forward
to the Federal Air Surgeon, at the ad-
dress listed in paragraph (d)(5) of this
section, the name of the individual,
along with identifying information and
supporting documentation, within 2
working days after verifying a positive
drug test result or refusal to submit to
a test.
(2) During the SAP interview re-
quired for a verified positive test result
or a refusal to submit to a test, the
SAP must ask and the individual must
answer whether he or she holds or
would be required to hold an airman
medical certificate issued under 14 CFR
part 67 to perform a safety-sensitive
function for the employer. If the indi-
vidual answers in the affirmative, the
individual must obtain an airman med-
ical certificate issued by the Federal