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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 

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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