61
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-
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; 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.
(c) A service agent may prepare the
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
62
14 CFR Ch. I (1–1–24 Edition)
§ 120.121
the accuracy and completeness of the
MIS report, no matter who prepares it.
[Doc. No. FAA–2008–0937, 74 FR 22653, May 14,
2009; Amdt. 120–0A, 75 FR 3154, Jan. 20, 2010,
as amended by Docket DOT–OST–2021–0093, 88
FR 27636, May 2, 2023]
§ 120.121 Preemption.
(a) The issuance of 14 CFR parts 65,
91, 121, and 135 by the FAA preempts
any State or local law, rule, regula-
tion, order, or standard covering the
subject matter of 14 CFR parts 65, 91,
121, and 135, including but not limited
to, drug testing of aviation personnel
performing safety-sensitive functions.
(b) The issuance of 14 CFR parts 65,
91, 121, and 135 does not preempt provi-
sions of state criminal law that impose
sanctions for reckless conduct of an in-
dividual that leads to actual loss of
life, injury, or damage to property
whether such provisions apply specifi-
cally to aviation employees or gen-
erally to the public.
§ 120.123 Drug testing outside the ter-
ritory of the United States.
(a) No part of the testing process (in-
cluding specimen collection, labora-
tory processing, and MRO actions)
shall be conducted outside the terri-
tory of the United States.
(1) Each employee who is assigned to
perform safety-sensitive functions sole-
ly outside the territory of the United
States shall be removed from the ran-
dom testing pool upon the inception of
such assignment.
(2) Each covered employee who is re-
moved from the random testing pool
under this section shall be returned to
the random testing pool when the em-
ployee resumes the performance of
safety-sensitive functions wholly or
partially within the territory of the
United States.
(b) The provisions of this subpart
shall not apply to any individual who
performs a function listed in § 120.105
by contract for an employer outside
the territory of the United States.
§ 120.125 Waivers from 49 CFR 40.21.
An employer subject to this part may
petition the Drug Abatement Division,
Office of Aerospace Medicine, for a
waiver allowing the employer to stand
down an employee following a report of
a laboratory confirmed positive drug
test or refusal, pending the outcome of
the verification process.
(a) Each petition for a waiver must
be in writing and include substantial
facts and justification to support the
waiver. Each petition must satisfy the
substantive requirements for obtaining
a waiver, as provided in 49 CFR 40.21.
(b) Each petition for a waiver must
be submitted to the Federal Aviation
Administration, Office of Aerospace
Medicine, Drug Abatement Division
(AAM–800), 800 Independence Avenue,
SW., Washington, DC 20591.
(c) The Administrator may grant a
waiver subject to 49 CFR 40.21(d).
Subpart F—Alcohol Testing
Program Requirements
§ 120.201 Scope.
This subpart contains the standards
and components that must be included
in an alcohol testing program required
by this part.
§ 120.203 General.
(a)
Purpose.
The purpose of this sub-
part is to establish programs designed
to help prevent accidents and injuries
resulting from the misuse of alcohol by
employees who perform safety-sen-
sitive functions in aviation.
(b)
Alcohol testing procedures.
Each
employer shall ensure that all alcohol
testing conducted pursuant to this sub-
part complies with the procedures set
forth in 49 CFR part 40. The provisions
of 49 CFR part 40 that address alcohol
testing are made applicable to employ-
ers by this subpart.
(c)
Employer responsibility.
As an em-
ployer, you are responsible for all ac-
tions of your officials, representatives,
and service agents in carrying out the
requirements of the DOT agency regu-
lations.
§ 120.205 Preemption of State and
local laws.
(a) Except as provided in paragraph
(a)(2) of this section, these regulations
preempt any State or local law, rule,
regulation, or order to the extent that:
(1) Compliance with both the State or
local requirement and this subpart is
not possible; or