48
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]