(iii) Meet the requirements of this subpart as if you were an employer. (eg: You can learn more about the process (2) Any fraudulent or intentionally false entry in any record or report that is made, kept, or used to show compliance with this part. Refusal to submit to a drug or alcohol test by a Part 65 certificate holder. [Doc. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. eCFR :: 16 CFR Part 314 -- Standards for Safeguarding Customer Information (B) Records of notifications to the Federal Air Surgeon of refusals to submit to testing and violations of the alcohol misuse prohibitions in this chapter by covered employees who hold medical certificates issued under part 67 of this chapter. eCFR :: 14 CFR 14.02 -- Proceedings covered. (FAR 14.02) (ii) When the minimum annual percentage rate for random alcohol testing is 50 percent, the Administrator may lower this rate to 25 percent of all covered employees if the Administrator determines that the data received under the reporting requirements of this subpart for two consecutive calendar years indicate that the violation rate is less than 1.0 percent but equal to or greater than 0.5 percent. (1) Each employer shall ensure that the employee who engages in conduct prohibited by 120.19 or 120.37, is subject to unannounced follow-up alcohol testing as directed by a SAP. If you are an employer conducting random testing more often than once per month (e.g., you select daily, weekly, bi-weekly) you do not need to compute this total number of safety-sensitive employees more than on a once per month basis. For purposes of pre-employment testing only, the term covered employee includes an individual applying to perform a safety-sensitive function. (4) No covered employee who is required to hold an airman medical certificate in order to perform a safety-sensitive duty may perform that duty following a violation of this subpart until the covered employee obtains an airman medical certificate issued by the Federal Air Surgeon dated after the alcohol test result or refusal to test date. eCFR :: 14 CFR Part 43 -- Maintenance, Preventive Maintenance A covered employee must not refuse to submit to any alcohol test required under subpart F of this part. switch to eCFR drafting site. [Amdt. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. (2) The employer's determination that reasonable suspicion exists to require the covered employee to undergo an alcohol test shall be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. Obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification by contacting your FAA Principal Operations Inspector. 1202, 79 FR 9973, Feb. 21, 2014]. (2) Should the employer change MRO's for any reason, the employer shall ensure that the former MRO forwards all records maintained pursuant to this rule to the new MRO within ten working days of receiving notice from the employer of the new MRO's name and address. (b) No employer may knowingly use any individual to perform, nor may any individual perform for an employer, either directly or by contract, any air traffic control function while that individual has a prohibited drug, as defined in this part, in his or her system. Choosing an item from (ii) Implement an FAA alcohol testing program no later than the date you start operations, and. '; Toggle navigation eCFR. Register with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM800), 800 Independence Avenue SW., Washington, DC 20591. [Docket No. Employers that will be required to submit annual reports under this provision will be notified in writing by the FAA. It is not an official legal edition of the CFR. All information used for this determination is drawn from MIS reports required by this subpart. The Electronic Code of Federal Regulations Title 14 Displaying title 14, up to date as of 6/21/2023. Aircraft Aviation safety 14 CFR Part 5_Safety management systems. (B) The start of the employee's next regularly scheduled duty period, but not less than 8 hours following the determination made under paragraph (d)(2) of this section that there is reasonable suspicion that the employee has violated the alcohol misuse provisions in 120.19 or 120.37. Subpart DPart 119 Certificate Holders Authorized To Conduct Operations under Part 121 or Part 135 or Operators Under, Subpart EDrug Testing Program Requirements. No. (3) All documents must be sent to the Federal Air Surgeon, Federal Aviation Administration, Office of Aerospace Medicine, Attn: Drug Abatement Division (AAM800), 800 Independence Avenue, SW., Washington, DC 20591. The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. 1/1.1 (i) Have an Antidrug and Alcohol Misuse Prevention Program Operations Specification or register with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM800), 800 Independence Avenue, SW., Washington, DC 20591, (ii) Implement an FAA drug testing program no later than the date you start performing safety-sensitive functions for a part 119 certificate holder with authority to operate under parts 121 or 135, or operator as defined in. (iv) Type of safety-sensitive functions you or your employees perform (such as flight instruction duties, aircraft dispatcher duties, maintenance or preventive maintenance duties, ground security coordinator duties, aviation screening duties, air traffic control duties). Please do not provide confidential This web site is designed for the current versions of Air transportation 14 CFR Part 3_General requirements. (ii) Randomly select covered employees for testing at the highest percentage rate established for the calendar year by any DOT agency to which the employer is subject. (d) For purposes of this section, emergency maintenance means maintenance that. The safety-sensitive functions are: (5) Aircraft maintenance or preventive maintenance duties. (2) As an employer, you must use the Management Information System (MIS) form and instructions as required by 49 CFR part 40 (at 49 CFR 40.26 and appendix J to 49 CFR part 40). No. (6) As an employer, you must select and test a percentage of employees at least equal to the minimum annual percentage rate each year. The new minimum annual percentage rate for random alcohol testing will be applicable starting January 1 of the calendar year following publication. (4) If you are a part 119 certificate holder with authority to operate under parts 121 or 135 and intend to begin operations as defined in 91.147 of this chapter, you must also advise the Federal Aviation Administration, Office of Aerospace Medicine, Drug Abatement Division (AAM800), 800 Independence Avenue SW., Washington, DC 20591. As an employer, you may, but are not required to, conduct pre-employment alcohol testing under this subpart. It is not an official legal edition of the CFR. ( a) Purpose. eCFR :: 14 CFR Part 61 -- Certification: Pilots, Flight Instructors The purpose of this subpart is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol by employees who perform safety-sensitive functions in aviation. No employer 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. 120.13 Refusal to submit to a drug or alcohol test by a Part 63 certificate holder. (b) Alcohol means any substance specified in 49 CFR part 40. The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. (i) Have an Antidrug and Alcohol Misuse Prevention Program Operations Specification and a Letter of Authorization, (ii) Implement your combined FAA drug testing program no later than the date you start operations, and, (4) Intend to begin air traffic control operations (at an air traffic control facility not operated by the FAA or by or under contract to the U.S. military). (b) The provisions of this subpart shall not apply to any individual who performs a function listed in 120.105 by contract for an employer outside the territory of the United States. An employee may be directed by the employer to undergo reasonable suspicion testing for alcohol only while the employee is performing safety-sensitive functions; just before the employee is to perform safety-sensitive functions; or just after the employee has ceased performing such functions. (i) Each part 121 certificate holder shall submit an annual report each year. The receipt of an airman medical certificate does not alter any obligations otherwise required by 49 CFR part 40 or this subpart. If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below. The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. "Published Edition". It is not an official legal edition of the CFR. An employer may not permit an employee who refuses to submit to such a test to perform or continue to perform safety-sensitive functions. (3) Update the Letter of Authorization information as changes occur. 2672, 2675; 49 U.S.C. Any such drug testing shall be conducted in accordance with the provisions of 49 CFR part 40. (a) Each company must meet the requirements of this subpart. eCFR :: 14 CFR Part 150 -- Airport Noise Compatibility Planning (FAR The receipt of an airman medical certificate does not alter any obligations otherwise required by 49 CFR part 40 or this subpart. (8) Each employer shall require that each safety-sensitive employee who is notified of selection for random drug testing proceeds to the collection site immediately; provided, however, that if the employee is performing a safety-sensitive function at the time of the notification, the employer shall instead ensure that the employee ceases to perform the safety-sensitive function and proceeds to the collection site as soon as possible. Using the eCFR Point-in-Time System (b) Access to records. View the most recent official publication: These links go to the official, published CFR, which is updated annually. (b) As an employer, you must use the Management Information System (MIS) form and instructions as required by 49 CFR part 40 (at 49 CFR 40.26 and appendix J to 49 CFR part 40). It is not an official legal edition of the CFR. The Administrator may designate means (e.g., electronic program transmitted via the Internet) other than hard-copy, for MIS form submission. (1) Except as required by law or expressly authorized or required in this subpart, no employer shall release covered employee information that is contained in records required to be maintained under this subpart. The employer shall promptly provide the records requested by the employee. It is divided into 50 titles that represent broad areas subject to Federal regulation. (3) The employer must direct the employee to undergo testing for alcohol in accordance with subpart F of this part, in addition to drugs, if the Substance Abuse Professional determines that alcohol testing is necessary for the particular employee. (2) An employer may not use or contract with any drug testing laboratory that is not certified by the Department of Health and Human Services (HHS) under the National Laboratory Certification Program. (1) Except as provided in paragraphs (d) and (e) of this section, to obtain a Drug and Alcohol Testing Program Registration from the FAA, you must submit the following information to the Office of Aerospace Medicine, Drug Abatement Division: (vi) A signed statement indicating that: your company will comply with this part and 49 CFR part 40; and you intend to provide safety-sensitive functions by contract (including subcontract at any tier) to a part 119 certificate holder with authority to operate under part 121 or part 135 of this chapter, an operator as defined in 91.147 of this chapter, or an air traffic control facility not operated by the FAA or by or under contract to the U.S. military. 120.123 Drug testing outside the territory of the United States. (c) The Administrator may grant a waiver subject to 49 CFR 40.21(d). (a) Purpose. (1) Each employer shall ensure that drug testing programs 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 Transportation (DOT) (49 CFR part 40). (2) Intend to begin operations as defined in, (3) Apply for a part 119 certificate with authority to operate under parts 121 or 135 and intend to begin operations as defined in. (c) Alcohol misuse means any prohibited conduct referenced under subpart C or D of this part. (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 facility not operated by the FAA or by or under contract to the U.S. Military. (1) Except as provided in paragraphs (b)(2) through (b)(4) of this section, the minimum annual percentage rate for random drug testing shall be 50 percent of covered employees. the hierarchy of the document. (iii) Display and distribution of the employer's policy regarding drug use in the workplace. Each covered employer must notify the FAA within 2 working days of any covered employee who holds a certificate issued under part 61, part 63, or part 65 of this chapter who has refused to submit to an alcohol test required under this subpart. Learn more about the eCFR, its status, and the editorial process. (a) Removal from safety-sensitive function. (e) Falsification. This subpart applies to proceedings under 49 U.S.C. (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.
