49 

Federal Aviation Administration, DOT 

§ 120.17 

Subpart B—Individuals Certifi-

cated Under Parts 61, 63, and 
65 

§ 120.11 Refusal to submit to a drug or 

alcohol test by a Part 61 certificate 

holder. 

(a) This section applies to all individ-

uals who hold a certificate under part 
61 of this chapter and who are subject 
to drug and alcohol testing under this 
part. 

(b) Refusal by the holder of a certifi-

cate issued under part 61 of this chap-
ter to take a drug or alcohol test re-
quired under the provisions of this part 
is grounds for: 

(1) Denial of an application for any 

certificate, rating, or authorization 
issued under part 61 of this chapter for 
a period of up to 1 year after the date 
of such refusal; and 

(2) Suspension or revocation of any 

certificate, rating, or authorization 
issued under part 61 of this chapter. 

§ 120.13 Refusal to submit to a drug or 

alcohol test by a Part 63 certificate 

holder. 

(a) This section applies to all individ-

uals who hold a certificate under part 
63 of this chapter and who are subject 
to drug and alcohol testing under this 
part. 

(b) Refusal by the holder of a certifi-

cate issued under part 63 of this chap-
ter to take a drug or alcohol test re-
quired under the provisions of this part 
is grounds for: 

(1) Denial of an application for any 

certificate or rating issued under part 
63 of this chapter for a period of up to 
1 year after the date of such refusal; 
and 

(2) Suspension or revocation of any 

certificate or rating issued under part 
63 of this chapter. 

[Doc. No. FAA–2008–0937, 74 FR 22653, May 14, 
2009; Amdt. 120–0A, 75 FR 3153, Jan. 20, 2010] 

§ 120.15 Refusal to submit to a drug or 

alcohol test by a Part 65 certificate 

holder. 

(a) This section applies to all individ-

uals who hold a certificate under part 
65 of this chapter and who are subject 
to drug and alcohol testing under this 
part. 

(b) Refusal by the holder of a certifi-

cate issued under part 65 of this chap-
ter to take a drug or alcohol test re-
quired under the provisions of this part 
is grounds for: 

(1) Denial of an application for any 

certificate or rating issued under part 
65 of this chapter for a period of up to 
1 year after the date of such refusal; 
and 

(2) Suspension or revocation of any 

certificate or rating issued under part 
65 of this chapter. 

[Doc. No. FAA–2008–0937, 74 FR 22653, May 14, 
2009; Amdt. 120–0A, 75 FR 3153, Jan. 20, 2010] 

Subpart C—Air Traffic Controllers 

§ 120.17 Use of prohibited drugs. 

(a) Each employer shall provide each 

employee performing a function listed 
in subpart E of this part, and his or her 
supervisor, with the training specified 
in that subpart. No employer may use 
any contractor to perform an air traf-
fic control function unless that con-
tractor provides each of its employees 
performing that function for the em-
ployer, and his or her supervisor, with 
the training specified in subpart E of 
this part. 

(b) No employer may knowingly use 

any individual to perform, nor may any 
individual perform for an employer, ei-
ther directly or by contract, any air 
traffic control function while that indi-
vidual has a prohibited drug, as defined 
in this part, in his or her system. 

(c) No employer shall knowingly use 

any individual to perform, nor may any 
individual perform for an employer, ei-
ther directly or by contract, any air 
traffic control function if the indi-
vidual has a verified positive drug test 
result on, or has refused to submit to, 
a drug test required by subpart E of 
this part and the individual has not 
met the requirements of subpart E of 
this part for returning to the perform-
ance of safety-sensitive duties. 

(d) Each employer shall test each of 

its employees who perform any air 
traffic control function in accordance 
with subpart E of this part. No em-
ployer may use any contractor to per-
form any air traffic control function 
unless that contractor tests each em-
ployee performing such a function for 

50 

14 CFR Ch. I (1–1–24 Edition) 

§ 120.19 

the employer in accordance with sub-
part E of this part. 

[Doc. No. FAA–2008–0937, 74 FR 22653, May 14, 
2009; Amdt. 120–0A, 75 FR 3153, Jan. 20, 2010] 

§ 120.19 Misuse of alcohol. 

(a) This section applies to covered 

employees who perform air traffic con-
trol duties directly or by contract for 
an employer that is an air traffic con-
trol facility not operated by the FAA 
or the US military. 

(b) 

Alcohol concentration. 

No covered 

employee shall report for duty or re-
main on duty requiring the perform-
ance of safety-sensitive functions while 
having an alcohol concentration of 0.04 
or greater. No employer having actual 
knowledge that an employee has an al-
cohol concentration of 0.04 or greater 
shall permit the employee to perform 
or continue to perform safety-sensitive 
functions. 

(c) 

On-duty use. 

No covered employee 

shall use alcohol while performing 
safety-sensitive functions. No em-
ployer having actual knowledge that a 
covered employee is using alcohol 
while performing safety-sensitive func-
tions shall permit the employee to per-
form or continue to perform safety-sen-
sitive functions. 

(d) 

Pre-duty use. 

No covered employee 

shall perform air traffic control duties 
within 8 hours after using alcohol. No 
employer having actual knowledge 
that such an employee has used alcohol 
within 8 hours shall permit the em-
ployee to perform or continue to per-
form air traffic control duties. 

(e) 

Use following an accident. 

No cov-

ered employee who has actual knowl-
edge of an accident involving an air-
craft for which he or she performed a 
safety-sensitive function at or near the 
time of the accident shall use alcohol 
for 8 hours following the accident, un-
less he or she has been given a post-ac-
cident test under subpart F of this part 
or the employer has determined that 
the employee’s performance could not 
have contributed to the accident. 

(f) 

Refusal to submit to a required alco-

hol test. 

A covered employee may not 

refuse to submit to any alcohol test re-
quired under subpart F of this part. An 
employer may not permit an employee 
who refuses to submit to such a test to 

perform or continue to perform safety- 
sensitive functions. 

§ 120.21 Testing for alcohol. 

(a) Each air traffic control facility 

not operated by the FAA or the U.S. 
military must establish an alcohol 
testing program in accordance with the 
provisions of subpart F of this part. 

(b) No employer shall use any indi-

vidual who meets the definition of cov-
ered employee in subpart A of this part 
to perform a safety-sensitive function 
listed in subpart F of this part unless 
that individual is subject to testing for 
alcohol misuse in accordance with the 
provisions of that subpart. 

Subpart D—Part 119 Certificate 

Holders Authorized To Con-
duct Operations under Part 
121 or Part 135 or Operators 
Under § 91.147 of This Chapter 
and Safety-Sensitive Employ-
ees 

§ 120.31 Prohibited drugs. 

(a) Each certificate holder or oper-

ator shall provide each employee per-
forming a function listed in subpart E 
of this part, and his or her supervisor, 
with the training specified in that sub-
part. 

(b) No certificate holder or operator 

may use any contractor to perform a 
function listed in subpart E of this part 
unless that contractor provides each of 
its employees performing that function 
for the certificate holder or operator, 
and his or her supervisor, with the 
training specified in that subpart. 

§ 120.33 Use of prohibited drugs. 

(a) This section applies to individuals 

who perform a function listed in sub-
part E of this part for a certificate 
holder or operator. For the purpose of 
this section, an individual who per-
forms such a function pursuant to a 
contract with the certificate holder or 
the operator is considered to be per-
forming that function for the certifi-
cate holder or the operator. 

(b) No certificate holder or operator 

may knowingly use any individual to 
perform, nor may any individual per-
form for a certificate holder or an oper-
ator, either directly or by contract,