title-14-part-120-sec120-117

Federal Aviation Administration, DOT

§ 120.117

in the employer’s drug testing pro-
gram.

[Doc. No. FAA–2008–0937, 74 FR 22653, May 14,
2009, as amended by Amdt. 120–1, 78 FR 42003,
July 15, 2013]

§ 120.117 Implementing a drug testing

program.

(a) Each company must meet the re-

quirements of this subpart. Use the fol-
lowing chart to determine whether
your company must obtain an Anti-
drug and Alcohol Misuse Prevention
Program Operations Specification, Let-
ter of Authorization, or Drug and Alco-
hol Testing Program Registration from
the FAA:

If you are . . .

You must . . .

(1) A part 119 cer-

tificate holder with
authority to oper-
ate under parts
121 or 135.

Obtain an Antidrug and Alcohol Misuse

Prevention Program Operations
Specification by contacting your FAA
Principal Operations Inspector.

(2) An operator as

defined in
§ 91.147 of this
chapter.

Obtain a Letter of Authorization by con-

tacting the Flight Standards District
Office nearest to your principal place
of business.

(3) A part 119 cer-

tificate holder with
authority to oper-
ate under parts
121 or 135 and
an operator as
defined in
§ 91.147 of this
chapter.

Complete the requirements in para-

graphs 1 and 2 of this chart and ad-
vise the Flight Standards District Of-
fice and the Drug Abatement Divi-
sion that the § 91.147 operation will
be included under the part 119 test-
ing program. Contact the Drug
Abatement Division at FAA, Office of
Aerospace Medicine, Drug Abate-
ment Division (AAM–800), 800 Inde-
pendence Avenue SW., Washington,
DC 20591.

(4) An air traffic

control facility not
operated by the
FAA or by or
under contract to
the U.S. Military.

space Medicine, Drug Abatement Di-
vision (AAM–800), 800 Independ-
ence Avenue SW., Washington, DC
20591.

(5) A part 145 cer-

tificate holder
who has your
own drug testing
program.

Obtain an Antidrug and Alcohol Misuse

Prevention Program Operations
Specification by contacting your Prin-
cipal Maintenance Inspector or reg-
ister with the FAA, Office of Aero-
space Medicine, Drug Abatement Di-
vision (AAM–800), 800 Independ-
ence Avenue SW., Washington, DC
20591, if you opt to conduct your
own drug testing program.

(6) A contractor

who has your
own drug testing
program.

space Medicine, Drug Abatement Di-
vision (AAM–800), 800 Independ-
ence Avenue SW., Washington, DC
20591, if you opt to conduct your
own drug testing program.

(b) Use the following chart for imple-

menting a drug testing program if you
are applying for a part 119 certificate
with authority to operate under parts
121 or 135 of this chapter, if you intend

to begin operations as defined in § 91.147
of this chapter, or if you intend to
begin air traffic control operations (not
operated by the FAA or by or under
contract to the U.S. Military). Use it
to determine whether you need to have
an Antidrug and Alcohol Misuse Pre-
vention Program Operations Specifica-
tion, Letter of Authorization, or Drug
and Alcohol Testing Program Registra-
tion from the FAA. Your employees
who perform safety-sensitive functions
must be tested in accordance with this
subpart. The chart follows:

If you . . .

You must . . .

(1) Apply for a part

119 certificate
with authority to
operate under
parts 121 or 135.

(i) Have an Antidrug and Alcohol Mis-

use Prevention Program Operations
Specification,

(ii) Implement an FAA drug testing pro-

gram no later than the date you start
operations, and

(iii) Meet the requirements of this sub-

part.

(2) Intend to begin

operations as de-
fined in § 91.147
of this chapter.

(i) Have a Letter of Authorization,

(ii) Implement an FAA drug testing pro-

gram no later than the date you start
operations, and

(iii) Meet the requirements of this sub-

part.

(3) Apply for a part

119 certificate
with authority to
operate under
parts 121 or 135
and intend to
begin operations
as defined in
§ 91.147 of this
chapter.

(i) Have an Antidrug and Alcohol Mis-

use Prevention Program Operations
Specification and a Letter of Author-
ization,

(ii) Implement your combined FAA drug

testing program no later than the
date you start operations, and

(iii) Meet the requirements of this sub-

part.

(4) Intend to begin

air traffic control
operations (at an
air traffic control
facility not oper-
ated by the FAA
or by or under
contract to the
U.S. military).

(i) Register with the FAA, Office of

Aerospace Medicine, Drug Abate-
ment Division (AAM–800), 800 Inde-
pendence Avenue SW., Washington,
DC 20591, prior to starting oper-
ations,

(ii) Implement an FAA drug testing pro-

gram no later than the date you start
operations, and

(iii) Meet the requirements of this sub-

part.

pany that intends to provide safety-
sensitive services by contract to a part
119 certificate holder with authority to

14 CFR Ch. I (1–1–24 Edition)

§ 120.117

operate under parts 121 and/or 135 of
this chapter, an operation as defined in
§ 91.147 of this chapter, or an air traffic
control facility not operated by the
FAA or by or under contract to the
U.S. military, use the following chart
to determine what you must do if you
opt to have your own drug testing pro-
gram.

If you . . .

And you opt to conduct your own drug
program, you must . . .

(1) Are a part 145

certificate holder.

(i) Have an Antidrug and Alcohol Mis-

use Prevention Program Operations
Specification or register with the
FAA, Office of Aerospace Medicine,
Drug Abatement Division (AAM–
800), 800 Independence Avenue,
SW., Washington, DC 20591,

(ii) Implement an FAA drug testing pro-

(iii) Meet the requirements of this sub-

part as if you were an employer.

(2) Are a contractor

(i) Register with the FAA, Office of

Aerospace Medicine, Drug Abate-
ment Division (AAM–800), 800 Inde-
pendence Avenue, SW., Wash-
ington, DC 20591,

(ii) Implement an FAA drug testing pro-

gram no later than the date you start
performing safety-sensitive functions
for a part 119 certificate holder with
authority to operate under parts 121
or 135, or operator as defined in
§ 91.147 of this chapter, or an air
traffic control facility not operated by
the FAA or by or under contract to
the U.S. Military, and

(iii) Meet the requirements of this sub-

part as if you were an employer.

(d)

Obtaining an Antidrug and Alcohol

Misuse Prevention Program Operations
Specification.

(1) To obtain an Antidrug

and Alcohol Misuse Prevention Pro-
gram Operations Specification, you
must contact your FAA Principal Op-
erations Inspector or Principal Mainte-
nance Inspector. Provide him/her with
the following information:

(i) Company name.
(ii) Certificate number.
(iii) Telephone number.
(iv) Address where your drug and al-

cohol testing program records are kept.

(v) Whether you have 50 or more safe-

ty-sensitive employees, or 49 or fewer
safety-sensitive employees. (Part 119
certificate holders with authority to
operate only under part 121 of this

chapter are not required to provide this
information.)

(2) You must certify on your Anti-

drug and Alcohol Misuse Prevention
Program Operations Specification
issued by your FAA Principal Oper-
ations Inspector or Principal Mainte-
nance Inspector that you will comply
with this part and 49 CFR part 40.

(3) You are required to obtain only

one Antidrug and Alcohol Misuse Pre-
vention Program Operations Specifica-
tion to satisfy this requirement under
this part.

(4) You must update the Antidrug

and Alcohol Misuse Prevention Pro-
gram Operations Specification when
any changes to the information con-
tained in the Operation Specification
occur.

(e)

Register your Drug and Alcohol

Testing Program by obtaining a Letter of
Authorization from the FAA in accord-
ance with § 91.147.

(1) A drug and alcohol

testing program is considered reg-
istered when the following information
is submitted to the Flight Standards
District Office nearest your principal
place of business:

(i) Company name.
(ii) Telephone number.
(iii) Address where your drug and al-

cohol testing program records are kept.

(iv) Type of safety-sensitive func-

tions you or your employees perform
(such as flight instruction duties, air-
craft dispatcher duties, maintenance or
preventive maintenance duties, ground
security coordinator duties, aviation
screening duties, air traffic control du-
ties).

(v) Whether you have 50 or more cov-

ered employees, or 49 or fewer covered
employees.

(vi) A signed statement indicating

that your company will comply with
this part and 49 CFR part 40.

(2) This Letter of Authorization will

satisfy the requirements for both your
drug testing program under this sub-
part and your alcohol testing program
under subpart F of this part.

(3) Update the Letter of Authoriza-

tion information as changes occur.
Send the updates to the Flight Stand-
ards District Office nearest your prin-
cipal place of business.

(4) If you are a part 119 certificate

holder with authority to operate under

Federal Aviation Administration, DOT

§ 120.119

parts 121 or 135 and intend to begin op-
erations as defined in § 91.147 of this
chapter, you must also advise the Fed-
eral Aviation Administration, Office of
Aerospace Medicine, Drug Abatement
Division (AAM–800), 800 Independence
Avenue SW., Washington, DC 20591.

(f)

Obtaining a Drug and Alcohol Test-

ing Program Registration from the FAA.

(1) Except as provided in paragraphs (d)
and (e) of this section, to obtain a Drug
and Alcohol Testing Program Registra-
tion from the FAA, you must submit
the following information to the Office
of Aerospace Medicine, Drug Abate-
ment Division:

(i) Company name.
(ii) Telephone number.
(iii) Address where your drug and al-

cohol testing program records are kept.

(iv) Type of safety-sensitive func-

(v) Whether you have 50 or more cov-

ered employees, or 49 or fewer covered
employees.

(vi) A signed statement indicating

that: your company will comply with
this part and 49 CFR part 40; and you
intend to provide safety-sensitive func-
tions by contract (including sub-
contract at any tier) to a part 119 cer-
tificate holder with authority to oper-
ate under part 121 or part 135 of this
chapter, an operator as defined in
§ 91.147 of this chapter, or an air traffic
control facility not operated by the
FAA or by or under contract to the
U.S. military.

(2) Send this information to the Fed-

eral Aviation Administration, Office of
Aerospace Medicine, Drug Abatement
Division (AAM–800), 800 Independence
Avenue SW., Washington, DC 20591.

(3) This Drug and Alcohol Testing

Program Registration will satisfy the
registration requirements for both
your drug testing program under this
subpart and your alcohol testing pro-
gram under subpart F of this part.

(4) Update the registration informa-

tion as changes occur. Send the up-

dates to the address specified in para-
graph (f)(2) of this section.

[Doc. No. FAA–2008–0937, 74 FR 22653, May 14,
2009; Amdt. 120–0A, 75 FR 3154, Jan. 20, 2010,
as amended by Amdt. 120–1, 78 FR 42003, July
15, 2013]

§ 120.119 Annual reports.

(a) Annual reports of testing results

must be submitted to the FAA by
March 15 of the succeeding calendar
year for the prior calendar year (Janu-
ary 1 through December 31) in accord-
ance with the following provisions:

(1) Each part 121 certificate holder

shall submit an annual report each
year.

(2) Each entity conducting a drug

testing program under this part, other
than a part 121 certificate holder, that
has 50 or more employees performing a
safety-sensitive function on January 1
of any calendar year shall submit an
annual report to the FAA for that cal-
endar year.

(3) The Administrator reserves the

right to require that aviation employ-
ers not otherwise required to submit
annual reports prepare and submit
such reports to the FAA. Employers
that will be required to submit annual
reports under this provision will be no-
tified in writing by the FAA.

(b) As an employer, you must use the

Management Information System
(MIS) form and instructions as re-
quired by 49 CFR part 40 (at 49 CFR
40.26 and appendix J to 49 CFR part 40).
You may also use the electronic
version of the MIS form provided by
DOT. The Administrator may des-
ignate means (e.g., electronic program
transmitted via the Internet) other
than hard-copy, for MIS form submis-
sion. For information on where to sub-
mit MIS forms and for the electronic
version of the form,

see: http://

www.faa.gov/about/office

org/head-

quarters

offices/avs/offices/aam/

drug

alcohol.

MIS report on behalf of an employer.
However, a company official (e.g., Des-
ignated Employer Representative as
defined in 49 CFR part 40) must certify