70
14 CFR Ch. I (1–1–24 Edition)
§ 120.223
of this rule from taking any action
otherwise consistent with law.
[Doc. No. FAA–2008–0937, 74 FR 22653, May 14,
2009, as amended by Amdt. 120–1, 78 FR 42004,
July 15, 2013; Docket DOT–OST–2021–0093, 88
FR 27636, May 2, 2023]
§ 120.223 Alcohol misuse information,
training, and substance abuse pro-
fessionals.
(a)
Employer obligation to promulgate a
policy on the misuse of alcohol.
(1)
Gen-
eral requirements.
Each employer shall
provide educational materials that ex-
plain these alcohol testing require-
ments and the employer’s policies and
procedures with respect to meeting
those requirements.
(i) The employer shall ensure that a
copy of these materials is distributed
to each covered employee prior to the
start of alcohol testing under the em-
ployer’s FAA-mandated alcohol testing
program and to each individual subse-
quently hired for or transferred to a
covered position.
(ii) Each employer shall provide writ-
ten notice to representatives of em-
ployee organizations of the availability
of this information.
(2)
Required content.
The materials to
be made available to employees shall
include detailed discussion of at least
the following:
(i) The identity of the individual des-
ignated by the employer to answer em-
ployee questions about the materials.
(ii) The categories of employees who
are subject to the provisions of these
alcohol testing requirements.
(iii) Sufficient information about the
safety-sensitive functions performed by
those employees to make clear what
period of the work day the covered em-
ployee is required to be in compliance
with these alcohol testing require-
ments.
(iv) Specific information concerning
employee conduct that is prohibited by
this chapter.
(v) The circumstances under which a
covered employee will be tested for al-
cohol under this subpart.
(vi) The procedures that will be used
to test for the presence of alcohol, pro-
tect the employee and the integrity of
the breath testing process, safeguard
the validity of the test results, and en-
sure that those results are attributed
to the correct employee.
(vii) The requirement that a covered
employee submit to alcohol tests ad-
ministered in accordance with this sub-
part.
(viii) An explanation of what con-
stitutes a refusal to submit to an alco-
hol test and the attendant con-
sequences.
(ix) The consequences for covered
employees found to have violated the
prohibitions in this chapter, including
the requirement that the employee be
removed immediately from performing
safety-sensitive functions, and the
process in 49 CFR part 40, subpart O.
(x) The consequences for covered em-
ployees found to have an alcohol con-
centration of 0.02 or greater but less
than 0.04.
(xi) Information concerning the ef-
fects of alcohol misuse on an individ-
ual’s health, work, and personal life;
signs and symptoms of an alcohol prob-
lem; available methods of evaluating
and resolving problems associated with
the misuse of alcohol; and intervening
when an alcohol problem is suspected,
including confrontation, referral to
any available employee assistance pro-
gram, and/or referral to management.
(xii) Optional provisions. The mate-
rials supplied to covered employees
may also include information on addi-
tional employer policies with respect
to the use or possession of alcohol, in-
cluding any consequences for an em-
ployee found to have a specified alco-
hol level, that are based on the employ-
er’s authority independent of this sub-
part. Any such additional policies or
consequences must be clearly and obvi-
ously described as being based on inde-
pendent authority.
(b)
Training for supervisors.
Each em-
ployer shall ensure that persons des-
ignated to determine whether reason-
able suspicion exists to require a cov-
ered employee to undergo alcohol test-
ing under § 120.217(d) of this subpart re-
ceive at least 60 minutes of training on
the physical, behavioral, speech, and
performance indicators of probable al-
cohol misuse.
(c)
Substance abuse professional (SAP)
duties.
The SAP must perform the func-
tions set forth in 49 CFR part 40, sub-
part O, and this subpart.