47
Federal Aviation Administration, DOT
§ 120.5
PART 120—DRUG AND ALCOHOL
TESTING PROGRAM
Subpart A—General
Sec.
120.1
Applicability.
120.3
Purpose.
120.5
Procedures.
120.7
Definitions.
Subpart B—Individuals Certificated Under
Parts 61, 63, and 65
120.11
Refusal to submit to a drug or alco-
hol test by a Part 61 certificate holder.
120.13
Refusal to submit to a drug or alco-
hol test by a Part 63 certificate holder.
120.15
Refusal to submit to a drug or alco-
hol test by a Part 65 certificate holder.
Subpart C—Air Traffic Controllers
120.17
Use of prohibited drugs.
120.19
Misuse of alcohol.
120.21
Testing for alcohol.
Subpart D—Part 119 Certificate Holders
Authorized To Conduct Operations
Under Part 121 or Part 135 or Operators
Under § 91.147 of This Chapter and
Safety-Sensitive Employees
120.31
Prohibited drugs.
120.33
Use of prohibited drugs.
120.35
Testing for prohibited drugs.
120.37
Misuse of alcohol.
120.39
Testing for alcohol.
Subpart E—Drug Testing Program
Requirements
120.101
Scope.
120.103
General.
120.105
Employees who must be tested.
120.107
Substances for which testing must
be conducted.
120.109
Types of drug testing required.
120.111
Administrative and other matters.
120.113
Medical Review Officer, Substance
Abuse Professional, and employer re-
sponsibilities.
120.115
Employee Assistance Program
(EAP).
120.117
Implementing a drug testing pro-
gram.
120.119
Annual reports.
120.121
Preemption.
120.123
Drug testing outside of the territory
of the United States.
120.125
Waivers from 49 CFR 40.21.
Subpart F—Alcohol Testing Program
Requirements
120.201
Scope.
120.203
General.
120.205
Preemption of State and local laws.
120.207
Other requirements imposed by em-
ployers.
120.209
Requirement for notice.
120.211
Applicable Federal regulations.
120.213
Falsification.
120.215
Covered employees.
120.217
Tests required.
120.219
Handling of test results, record re-
tention, and confidentiality.
120.221
Consequences for employees engag-
ing in alcohol-related conduct.
120.223
Alcohol misuse information, train-
ing, and substance abuse professionals.
120.225
How to implement an alcohol testing
program.
120.227
Employees located outside the U.S.
A
UTHORITY
: 49 U.S.C. 106(f), 106(g), 40101–
40103, 40113, 40120, 41706, 41721, 44106, 44701,
44702, 44703, 44709, 44710, 44711, 45101–45105,
46105, 46306.
S
OURCE
: Docket No. FAA–2008–0937, 74 FR
22653, May 14, 2009, unless otherwise noted.
Subpart A—General
§ 120.1 Applicability.
This part applies to the following
persons:
(a) All air carriers and operators cer-
tificated under part 119 of this chapter
authorized to conduct operations under
part 121 or part 135 of this chapter, all
air traffic control facilities not oper-
ated by the FAA or by or under con-
tract to the U.S. military; and all oper-
ators as defined in 14 CFR 91.147.
(b) All individuals who perform, ei-
ther directly or by contract, a safety-
sensitive function listed in subpart E
or subpart F of this part.
(c) All part 145 certificate holders
who perform safety-sensitive functions
and elect to implement a drug and al-
cohol testing program under this part.
(d) All contractors who elect to im-
plement a drug and alcohol testing pro-
gram under this part.
§ 120.3 Purpose.
The purpose of this part is to estab-
lish a program designed to help prevent
accidents and injuries resulting from
the use of prohibited drugs or the mis-
use of alcohol by employees who per-
form safety-sensitive functions in avia-
tion.
§ 120.5 Procedures.
Each employer having a drug and al-
cohol testing program under this part