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,
