title-14-part-120-sec120-37

Federal Aviation Administration, DOT

§ 120.37

any function listed in subpart E of this
part while that individual has a prohib-
ited drug, as defined in this part, in his
or her system.

shall knowingly use any individual to
perform, nor shall any individual per-
form for a certificate holder or oper-
ator, either directly or by contract,
any safety-sensitive function if that in-
dividual 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 that subpart
for returning to the performance of
safety-sensitive duties.

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

§ 120.35 Testing for prohibited drugs.

(a) Each certificate holder or oper-

ator shall test each of its employees
who perform a function listed in sub-
part E of this part in accordance with
that subpart.

(b) Except as provided in paragraph

(c) of this section, no certificate holder
or operator may use any contractor to
perform a function listed in subpart E
of this part unless that contractor
tests each employee performing such a
function for the certificate holder or
operator in accordance with that sub-
part.

on-demand operation into an airport at
which no maintenance providers are
available that are subject to the re-
quirements of subpart E of this part
and emergency maintenance is re-
quired, the certificate holder may use
individuals not meeting the require-
ments of paragraph (b) of this section
to provide such emergency mainte-
nance under both of the following con-
ditions:

(1) The certificate holder must give

written notification of the emergency
maintenance to the Drug Abatement
Program Division, AAM–800, 800 Inde-
pendence Avenue, SW., Washington, DC
20591, within 10 days after being pro-
vided same in accordance with this
paragraph. A certificate holder must
retain copies of all such written notifi-
cations for two years.

(2) The aircraft must be reinspected

by maintenance personnel who meet

the requirements of paragraph (b) of
this section when the aircraft is next
at an airport where such maintenance
personnel are available.

(d) For purposes of this section,

emergency maintenance means main-
tenance that—

(1) Is not scheduled and
(2) Is made necessary by an aircraft

condition not discovered prior to the
departure for that location.

§ 120.37 Misuse of alcohol.

(a)

General.

This section applies to

covered employees who perform a func-
tion listed in subpart F of this part for
a certificate holder. For the purpose of
this section, an individual who meets
the definition of covered employee in
subpart F of this part is considered to
be performing the function for the cer-
tificate holder.

(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 certificate holder having
actual knowledge that an employee has
an alcohol 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 certifi-
cate holder having actual knowledge
that a covered employee is using alco-
hol while performing safety-sensitive
functions shall permit the employee to
perform or continue to perform safety-
sensitive functions.

(d)

Pre-duty use.

(1) No covered em-

ployee shall perform flight crew-
member or flight attendant duties
within 8 hours after using alcohol. No
certificate holder having actual knowl-
edge that such an employee has used
alcohol within 8 hours shall permit the
employee to perform or continue to
perform the specified duties.

(2) No covered employee shall per-

form safety-sensitive duties other than
those specified in paragraph (d)(1) of
this section within 4 hours after using
alcohol. No certificate holder having
actual knowledge that such an em-
ployee has used alcohol within 4 hours
shall permit the employee to perform

14 CFR Ch. I (1–1–24 Edition)

§ 120.39

or to continue to perform safety-sen-
sitive functions.

(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 must not

refuse to submit to any alcohol test re-
quired under subpart F of this part. A
certificate holder must not permit an
employee who refuses to submit to
such a test to perform or continue to
perform safety-sensitive functions.

§ 120.39 Testing for alcohol.

(a) Each certificate holder must es-

tablish an alcohol testing program in
accordance with the provisions of sub-
part F of this part.

(b) Except as provided in paragraph

(c) of this section, no certificate holder
or operator may use any individual
who meets the definition of covered
employee in subpart A of this part to
perform a safety-sensitive function
listed in that subpart F of this part un-
less that individual is subject to test-
ing for alcohol misuse in accordance
with the provisions of that subpart.

on-demand operation into an airport at
which no maintenance providers are
available that are subject to the re-
quirements of subpart F of this part
and emergency maintenance is re-
quired, the certificate holder may use
individuals not meeting the require-
ments of paragraph (b) of this section
to provide such emergency mainte-
nance under both of the following con-
ditions:

(1) The certificate holder must give

retain copies of all such written notifi-
cations for two years.

(2) The aircraft must be reinspected

by maintenance personnel who meet
the requirements of paragraph (b) of
this section when the aircraft is next
at an airport where such maintenance
personnel are available.

(d) For purposes of this section,

emergency maintenance means main-
tenance that—

(1) Is not scheduled and
(2) Is made necessary by an aircraft

condition not discovered prior to the
departure for that location.

Subpart E—Drug Testing Program

Requirements

§ 120.101 Scope.

This subpart contains the standards

and components that must be included
in a drug testing program required by
this part.

§ 120.103 General.

(a)

Purpose.

The purpose of this sub-

part is to establish a program designed
to help prevent accidents and injuries
resulting from the use of prohibited
drugs by employees who perform safe-
ty-sensitive functions.

(b)

DOT procedures.

(1) Each employer

shall ensure that drug testing pro-
grams conducted pursuant to 14 CFR
parts 65, 91, 121, and 135 comply with
the requirements of this subpart and
the ‘‘Procedures for Transportation
Workplace Drug Testing Programs’’
published by the Department of Trans-
portation (DOT) (49 CFR part 40).

(2) An employer may not use or con-

tract with any drug testing laboratory
that is not certified by the Department
of Health and Human Services (HHS)
under the National Laboratory Certifi-
cation Program.

(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 this subpart and 49
CFR part 40.

(d)

Applicable Federal Regulations.

The

following applicable regulations appear
in 49 CFR or 14 CFR:

(1) 49 CFR Part 40—Procedures for

Transportation Workplace Drug Test-
ing Programs