1、26 14 CFR Ch. I (1111 Edition) Pt. 120 not meet the appropriate airmen expe-rience requirements, managerial expe-rience requirements, or supervisory ex-perience requirements of this section if the Manager of the Air Transportation Division, AFS200, or the Manager of the Aircraft Maintenance Division
2、, AFS300, as appropriate, find that the person has comparable experience, and can effectively perform the functions associated with the position in accord-ance with the requirements of this chapter and the procedures outlined in the certificate holders manual. The Administrator may, at any time, ter
3、-minate any grant of deviation author-ity issued under this paragraph. Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 1193, 62 FR 13255, Mar. 19, 1997; Amdt. 11912, 72 FR 54816, Sept. 27, 2007 PART 120DRUG AND ALCOHOL TESTING PROGRAM Subpart AGeneral Sec. 120.1 Applicability. 120.3
4、Purpose. 120.5 Procedures. 120.7 Definitions. Subpart BIndividuals 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 submi
5、t to a drug or alco-hol test by a Part 65 certificate holder. Subpart CAir Traffic Controllers 120.17 Use of prohibited drugs. 120.19 Misuse of alcohol. 120.21 Testing for alcohol. Subpart DPart 119 Certificate Holders Authorized To Conduct Operations Under Part 121 or Part 135 or Operators Under 91
6、.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 EDrug Testing Program Requirements 120.101 Scope. 120.103 General. 120.105 Employees who mus
7、t 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 Impl
8、ementing 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 FAlcohol Testing Program Requirements 120.201 Scope. 120.203 General. 120.205 Preemption of State and local law
9、s. 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 em
10、ployees 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. AUTHORITY: 49 U.S.C. 106(g), 4010140103, 40113, 40120, 41706, 41721, 44106,
11、44701, 44702, 44703, 44709, 44710, 44711, 4510145105, 46105, 46306. SOURCE: Doc. No. FAA20080937, 74 FR 22653, May 14, 2009, unless otherwise noted. Subpart AGeneral 120.1 Applicability. This part applies to the following persons: (a) All air carriers and operators cer-tificated under part 119 of th
12、is 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 c
13、ontract, a safety- VerDate Mar2010 08:29 Feb 24, 2011 Jkt 223045 PO 00000 Frm 00036 Fmt 8010 Sfmt 8010 Y:SGML223045.XXX 223045WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-27 Federal Aviation Administration,
14、DOT 120.7 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 p
15、ro-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 e
16、mployer having a drug and al-cohol testing program under this part 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
17、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 rece
18、ives substantial damage. (b) Alcohol means the intoxicating agent in beverage alcohol, ethyl alco-hol, or other low molecular weight al-cohols, including methyl or isopropyl alcohol. (c) Alcohol concentration (or content) means the alcohol in a volume of breath expressed in terms of grams of alcohol
19、 per 210 liters of breath as indi-cated by an evidential breath test under subpart F of this part. (d) Alcohol use means the consump-tion of any beverage, mixture, or prep-aration, including any medication, con-taining alcohol. (e) Contractor is an individual or com-pany that performs a safety-sensi
20、tive function by contract for an employer or another contractor. (f) 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 (i) of this section). For purposes of pre-em-pl
21、oyment testing only, the term cov-ered employee includes an individual applying to perform a safety-sensitive function. (g) DOT agency means an agency (or operating administration) of the United States Department of Transpor-tation administering regulations re-quiring drug and alcohol testing (14 CF
22、R parts 61, 65, 121, and 135; 46 CFR part 16; 49 CFR parts 199, 219, and 382) in accordance with 49 CFR part 40. (h) 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 (i) of this section. An employe
23、e is also an individual who transfers into a posi-tion to perform a safety-sensitive func-tion for an employer. (i) 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 cont
24、rol 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-ers FAA-mandated drug and alcohol testing program to perform a safety- sensitive function only if that contract employee is included under
25、 the con-tractors 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.) (j) Hire means retaining an individual for a safety-sensitive function as a paid employee, as a volu
26、nteer, or through barter or other form of compensation. (k) 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 functi
27、on. (l) 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, VerDate Mar2010 08:29 Feb 24, 2011 Jkt 223045 PO 00000 Frm 00037 Fmt 8010 Sfmt 8010 Y:SGML223045.XXX 223045WReier-Aviles on DSKGBLS3C1PROD with C
28、FRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-28 14 CFR Ch. I (1111 Edition) 120.11 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, neg
29、atives, and refusals) under subpart E of this part. (m) Prohibited drug means marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines, as specified in 49 CFR 40.85. (n) Refusal to submit to alcohol test means that a covered employee has en-gaged in conduct including but not lim-ited to th
30、at 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. (o) Refusal to submit to drug test means that an employee engages in conduct including but not limited to that de-scribed in 49 CFR 40.191. (p) Safety-sensitive
31、 function means a function listed in 120.105 and 120.215. (q) Verified negative drug test result means a drug test result from an HHS- certified laboratory that has undergone review by an MRO and has been deter-mined by the MRO to be a negative re-sult. (r) Verified positive drug test result means a
32、 drug test result from an HHS- certified laboratory that has undergone review by an MRO and has been deter-mined by the MRO to be a positive re-sult. (s) Violation rate for random alcohol testing means the number of 0.04, and above, random alcohol confirmation test results conducted under subpart F
33、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. Doc. No. FAA20080937, 74 FR 22653, May 14, 2009; Amdt. 1200A, 75 FR 3153,
34、 Jan. 20, 2010 Subpart BIndividuals Certifi-cated Under Parts 61, 63, and 65 120.11 Refusal to submit to a drug or alcohol test by a Part 61 certificate holder. (a) This section applies to all individ-uals who hold a certificate under part 61 of this chapter and who are subject to drug and alcohol t
35、esting under this part. (b) Refusal by the holder of a certifi-cate issued under part 61 of this chap-ter to take a drug or alcohol test re-quired under the provisions of this part is grounds for: (1) Denial of an application for any certificate, rating, or authorization issued under part 61 of this
36、 chapter for a period of up to 1 year after the date of such refusal; and (2) Suspension or revocation of any certificate, rating, or authorization issued under part 61 of this chapter. 120.13 Refusal to submit to a drug or alcohol test by a Part 63 certificate holder. (a) This section applies to al
37、l individ-uals who hold a certificate under part 63 of this chapter and who are subject to drug and alcohol testing under this part. (b) Refusal by the holder of a certifi-cate issued under part 63 of this chap-ter to take a drug or alcohol test re-quired under the provisions of this part is grounds
38、 for: (1) Denial of an application for any certificate or rating issued under part 63 of this chapter for a period of up to 1 year after the date of such refusal; and (2) Suspension or revocation of any certificate or rating issued under part 63 of this chapter. Doc. No. FAA20080937, 74 FR 22653, Ma
39、y 14, 2009; Amdt. 1200A, 75 FR 3153, Jan. 20, 2010 120.15 Refusal to submit to a drug or alcohol test by a Part 65 certificate holder. (a) This section applies to all individ-uals who hold a certificate under part 65 of this chapter and who are subject to drug and alcohol testing under this part. (b
40、) Refusal by the holder of a certifi-cate issued under part 65 of this chap-ter to take a drug or alcohol test re-quired under the provisions of this part is grounds for: (1) Denial of an application for any certificate or rating issued under part 65 of this chapter for a period of up to 1 year afte
41、r the date of such refusal; and VerDate Mar2010 08:29 Feb 24, 2011 Jkt 223045 PO 00000 Frm 00038 Fmt 8010 Sfmt 8010 Y:SGML223045.XXX 223045WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-29 Federal Aviation Adm
42、inistration, DOT 120.21 (2) Suspension or revocation of any certificate or rating issued under part 65 of this chapter. Doc. No. FAA20080937, 74 FR 22653, May 14, 2009; Amdt. 1200A, 75 FR 3153, Jan. 20, 2010 Subpart CAir Traffic Controllers 120.17 Use of prohibited drugs. (a) Each employer shall pro
43、vide each employee performing a function listed in subpart E of this part, and his or her supervisor, with the training specified in that subpart. No employer may use any contractor to perform an air traf-fic control function unless that con-tractor provides each of its employees performing that fun
44、ction for the em-ployer, and his or her supervisor, with the training specified in subpart E of this part. (b) No employer may knowingly use any individual to perform, nor may any individual perform for an employer, ei-ther directly or by contract, any air traffic control function while that indi-vi
45、dual has a prohibited drug, as defined in this part, in his or her system. (c) No employer shall knowingly use any individual to perform, nor may any individual perform for an employer, ei-ther directly or by contract, any air traffic control function if the indi-vidual has a verified positive drug
46、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 subpart E of this part for returning to the perform-ance of safety-sensitive duties. (d) Each employer shall test each of its employees who perform any air t
47、raffic control function in accordance with subpart E of this part. No em-ployer may use any contractor to per-form any air traffic control function unless that contractor tests each em-ployee performing such a function for the employer in accordance with sub-part E of this part. Doc. No. FAA20080937
48、, 74 FR 22653, May 14, 2009; Amdt. 1200A, 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 milit
49、ary. (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 cov
