title-14-part-120-sec120-5

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.

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.

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.

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

14 CFR Ch. I (1–1–24 Edition)

§ 120.7

must ensure that all drug and alcohol
testing conducted pursuant to this part
complies with the procedures set forth
in 49 CFR part 40.

§ 120.7 Definitions.

For the purposes of this part, the fol-

lowing definitions apply:

(a)

Accident

means an occurrence as-

sociated with the operation of an air-
craft which takes place between the
time any individual boards the aircraft
with the intention of flight and all
such individuals have disembarked, and
in which any individual suffers death
or serious injury, or in which the air-
craft receives substantial damage.

(b)

Alcohol

means any substance spec-

ified in 49 CFR part 40.

(c)

Alcohol misuse

means any prohib-

ited conduct referenced under subpart
C or D of this part.

(d)

Contractor

is an individual or com-

pany that performs a safety-sensitive
function by contract for an employer
or another contractor.

(e)

Covered employee

means an indi-

vidual who performs, either directly or
by contract, a safety-sensitive function
listed in §§ 120.105 and 120.215 for an em-
ployer (as defined in paragraph (g) of
this section). For purposes of pre-em-
ployment testing only, the term ‘‘cov-
ered employee’’ includes an individual
applying to perform a safety-sensitive
function.

(f)

Employee

is an individual who is

hired, either directly or by contract, to
perform a safety-sensitive function for
an employer, as defined in paragraph
(g) of this section. An employee is also
an individual who transfers into a posi-
tion to perform a safety-sensitive func-
tion for an employer.

(g)

Employer

is a part 119 certificate

holder with authority to operate under
parts 121 and/or 135 of this chapter, an
operator as defined in § 91.147 of this
chapter, or an air traffic control facil-
ity not operated by the FAA or by or
under contract to the U.S. Military. An
employer may use a contract employee
who is not included under that employ-
er’s FAA-mandated drug and alcohol
testing program to perform a safety-
sensitive function only if that contract
employee is included under the con-
tractor’s FAA-mandated drug and alco-
hol testing program and is performing

a safety-sensitive function on behalf of
that contractor (

i.e.,

within the scope

of employment with the contractor.)

(h)

Hire

means retaining an indi-

vidual for a safety-sensitive function as
a paid employee, as a volunteer, or
through barter or other form of com-
pensation.

(i)

Performing

(a safety-sensitive

function): an employee is considered to
be performing a safety-sensitive func-
tion during any period in which he or
she is actually performing, ready to
perform, or immediately available to
perform such function.

(j)

Positive rate for random drug testing

means the number of verified positive
results for random drug tests con-
ducted under subpart E of this part,
plus the number of refusals of random
drug tests required by subpart E of this
part, divided by the total number of
random drug test results (

i.e.,

positives, negatives, and refusals)
under subpart E of this part.

(k)

Prohibited drug

means any of the

drugs specified in 49 CFR part 40.

(l)

Refusal to submit to alcohol test

means that a covered employee has en-
gaged in conduct including but not lim-
ited to that described in 49 CFR 40.261,
or has failed to remain readily avail-
able for post-accident testing as re-
quired by subpart F of this part.

(m)

Refusal to submit to drug test

means that a covered employee en-
gages in conduct including but not lim-
ited to that described in 49 CFR 40.191.

(n)

Safety-sensitive function

means a

function listed in §§ 120.105 and 120.215.

(o)

Violation rate for random alcohol

testing

means the number of 0.04, and

above, random alcohol confirmation
test results conducted under subpart F
of this part, plus the number of refus-
als of random alcohol tests required by
subpart F of this part, divided by the
total number of random alcohol screen-
ing tests (including refusals) conducted
under subpart F of this part.

[Docket DOT–OST–2021–0093, 88 FR 27635,
May 2, 2023]