Code of Federal Regulations

Title 14 - Aeronautics and Space
Volume: 3Date: 2022-01-01Original Date: 2022-01-01Title: Section 120.115 - Employee Assistance Program (EAP).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.
§ 120.115 Employee Assistance Program (EAP). (a) The employer shall provide an EAP for employees. The employer may establish the EAP as a part of its internal 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 determinations 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 informational 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 include information regarding the consequences under the rule of using drugs while performing safety-sensitive functions, 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 employer shall implement a reasonable program of initial training for employees. The employee training program must include at least the following elements: (i) The effects and consequences of drug use on individual health, safety, and work environment; (ii) The manifestations and behavioral cues that may indicate drug use and abuse; and (2) The employer's supervisory personnel who will determine when an employee 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 addition to the training specified in § 120.115 (c).
Code of Federal Regulations / Title 14 - Aeronautics and Space / Vol. 3 / 2022-01-0159
(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 reasonable 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 in the employer's drug testing program. [Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009, as amended by Amdt. 120-1, 78 FR 42003, July 15, 2013]