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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
