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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 

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58 

14 CFR Ch. I (1–1–24 Edition) 

§ 120.115 

Air Surgeon dated after the verified 
positive drug test result date or refusal 
to test date. After the individual ob-
tains this airman medical certificate, 
the SAP may recommend to the em-
ployer that the individual may be re-
turned to a safety-sensitive position. 
The receipt of an airman medical cer-
tificate does not alter any obligations 
otherwise required by 49 CFR part 40 or 
this subpart. 

(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 re-
garding the following: 

(i) An individual who the MRO has 

reported to the Federal Air Surgeon 
under § 120.113 (d)(1); or 

(ii) An individual who the employer 

has reported to the Federal Air Sur-
geon under § 120.111(d). 

(4) The employer must not permit an 

employee who is required to hold an 
airman medical certificate under 14 
CFR part 67 to perform a safety-sen-
sitive duty to resume that duty until 
the employee has: 

(i) Been issued an airman medical 

certificate from the Federal Air Sur-
geon after the date of the verified posi-
tive drug test result or refusal to test; 
and 

(ii) Met the return to duty require-

ments in accordance with 49 CFR part 
40. 

(5) Reports required under this sec-

tion shall be forwarded to the Federal 
Air Surgeon, Federal Aviation Admin-
istration, Office of Aerospace Medicine, 
Attn: Drug Abatement Division (AAM– 
800), 800 Independence Avenue, SW., 
Washington, DC 20591. 

(6) MROs, SAPs, and employers who 

send reports to the Federal Air Sur-
geon must keep a copy of each report 
for 5 years. 

§ 120.115 Employee Assistance Pro-

gram (EAP). 

(a) The employer shall provide an 

EAP for employees. The employer may 
establish the EAP as a part of its inter-
nal personnel services or the employer 
may contract with an entity that will 
provide EAP services to an employee. 
Each EAP must include education and 
training on drug use for employees and 
training for supervisors making deter-

minations for testing of employees 
based on reasonable cause. 

(b) 

EAP education program. 

(1) Each 

EAP education program must include 
at least the following elements: 

(i) Display and distribution of infor-

mational material; 

(ii) Display and distribution of a 

community service hot-line telephone 
number for employee assistance; and 

(iii) Display and distribution of the 

employer’s policy regarding drug use in 
the workplace. 

(2) The employer’s policy shall in-

clude information regarding the con-
sequences under the rule of using drugs 
while performing safety-sensitive func-
tions, receiving a verified positive drug 
test result, or refusing to submit to a 
drug test required under the rule. 

(c) 

EAP training program. 

(1) Each em-

ployer shall implement a reasonable 
program of initial training for employ-
ees. The employee training program 
must include at least the following ele-
ments: 

(i) The effects and consequences of 

drug use on individual health, safety, 
and work environment; 

(ii) The manifestations and behav-

ioral cues that may indicate drug use 
and abuse; and 

(2) The employer’s supervisory per-

sonnel who will determine when an em-
ployee is subject to testing based on 
reasonable cause shall receive specific 
training on specific, contemporaneous 
physical, behavioral, and performance 
indicators of probable drug use in addi-
tion to the training specified in § 120.115 
(c). 

(3) The employer shall ensure that 

supervisors who will make reasonable 
cause determinations receive at least 
60 minutes of initial training. 

(4) The employer shall implement a 

reasonable recurrent training program 
for supervisory personnel making rea-
sonable cause determinations during 
subsequent years. 

(5) Documentation of all training 

given to employees and supervisory 
personnel must be included in the 
training program. 

(6) The employer shall identify the 

employee and supervisor EAP training