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
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