14 CFR Part 120 — Drug and Alcohol Testing Program

Federal Aviation Administration, DOT § 120.1 120.21 Testing for alcohol.

Subpart A—General Subpart D—Part 119 Certificate Holders § 120.1 Applicability.

Authorized To Conduct Operations This part applies to the following Under Part 121 or Part 135 or Operators persons: Under § 91.147 of This Chapter and (a) All air carriers and operators cer- Safety-Sensitive Employees tificated under part 119 of this chapter 120.31 Prohibited drugs. authorized to conduct operations under 120.33 Use of prohibited drugs.

part 121 or part 135 of this chapter, all 120.35 Testing for prohibited drugs.

air traffic control facilities not oper- 120.37 Misuse of alcohol.

ated by the FAA or by or under con- 120.39 Testing for alcohol.

tract to the U.S. military; and all oper- ators as defined in 14 CFR 91.147.

Subpart E—Drug Testing Program (b) All individuals who perform, ei- Requirements ther directly or by contract, a safety- sensitive function listed in subpart E 120.101 Scope.

120.103 General. or subpart F of this part.

120.105 Employees who must be tested.

(c) All part 145 certificate holders lo- 120.107 Substances for which testing must cated in the territory of the United be conducted.

States who perform safety-sensitive 120.109 Types of drug testing required.

functions and elect to implement a 120.111 Administrative and other matters.

drug and alcohol testing program 120.113 Medical Review Officer, Substance under this part.

Abuse Professional, and employer re- (d) Beginning December 20, 2027, all sponsibilities.

part 145 certificate holders outside the 120.115 Employee Assistance Program (EAP). territory of the United States who per- 120.117 Implementing a drug testing pro- form safety-sensitive maintenance gram.

functions on part 121 air carrier air- 120.119 Annual reports.

craft, except that section 120.5 and sub- 120.121 Preemption.

parts E and F of this part do not apply 120.123 Drug testing outside of the territory to part 145 certificate holders outside of the United States.

the territory of the United States who 120.125 Waivers from 49 CFR 40.21.

perform safety-sensitive maintenance functions on part 121 air carrier air- Subpart F—Alcohol Testing Program craft that have obtained recognition Requirements pursuant to § 120.10.

120.201 Scope.

(e) All contractors who elect to im- 120.203 General.

plement a drug and alcohol testing pro- 120.205 Preemption of State and local laws.

gram under this part.

120.207 Other requirements imposed by em- ployers. [Docket FAA–2012–1058, Amdt. 120–3, 89 FR 103447, Dec. 18, 2024] 120.209 Requirement for notice.

120.211 Applicable Federal regulations.

E FFECTIVE D ATE N OTE : By Docket FAA– 120.213 [Reserved] 2012–1058, Amdt. 120–3, 89 FR 103447, Dec. 18, 120.215 Covered employees.

2024, § 120.1 was amended by revising para- 120.217 Tests required.

graph (d), effective Dec. 20, 2027. For the con- 120.219 Handling of test results, record re- venience of the user, the revised text is set tention, and confidentiality.

forth as follows: 120.221 Consequences for employees engag- ing in alcohol-related conduct. § 120.1 Applicability.

120.223 Alcohol misuse information, train- ing, and substance abuse professionals.

* * * * * 120.225 How to implement an alcohol testing program. (d) All part 145 certificate holders outside 120.227 Employees located outside the U.S. the territory of the United States who per- form safety-sensitive maintenance functions A UTHORITY : 49 U.S.C. 106(f), 40101–40103, on part 121 air carrier aircraft, except that 40113, 40120, 41706, 41721, 44106, 44701, 44702, section 120.5 and subparts E and F of this 44703, 44709, 44710, 44711, 45101–45105, 46105, part do not apply to part 145 certificate hold- 46306.

ers outside the territory of the United States S OURCE : Docket FAA–2008–0937, 74 FR 22653, who perform safety-sensitive maintenance May 14, 2009, unless otherwise noted. functions on part 121 air carrier aircraft that VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00059 Fmt 8010 Sfmt 8003 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 120.3 have obtained recognition pursuant to an employer, as defined in paragraph § 120.10.

(g) of this section. An employee is also an individual who transfers into a posi- § 120.3 Purpose.

tion to perform a safety-sensitive func- The purpose of this part is to estab- tion for an employer.

lish a program designed to help prevent (g) Employer is a part 119 certificate accidents and injuries resulting from holder with authority to operate under the use of prohibited drugs or the mis- parts 121 and/or 135 of this chapter, an use of alcohol by employees who per- operator as defined in § 91.147 of this form safety-sensitive functions in avia- chapter, or an air traffic control facil- tion.

ity not operated by the FAA or by or under contract to the U.S. Military. An § 120.5 Procedures.

employer may use a contract employee Each employer having a drug and al- who is not included under that employ- cohol testing program under this part er’s FAA-mandated drug and alcohol must ensure that all drug and alcohol testing program to perform a safety- testing conducted pursuant to this part sensitive function only if that contract complies with the procedures set forth employee is included under the con- in 49 CFR part 40 and any exemptions tractor’s FAA-mandated drug and alco- issued to that employer by the Depart- hol testing program and is performing ment of Transportation in accordance a safety-sensitive function on behalf of with 49 CFR 40.7.

that contractor ( i.e., within the scope [Docket FAA–2012–1058, Amdt. 120–3, 89 FR of employment with the contractor.)

103447, Dec. 18, 2024] (h) Hire means retaining an indi- vidual for a safety-sensitive function as § 120.7 Definitions.

a paid employee, as a volunteer, or For the purposes of this part, the fol- through barter or other form of com- lowing definitions apply: pensation.

(a) Accident means an occurrence as- (i) Performing (a safety-sensitive sociated with the operation of an air- function): an employee is considered to craft which takes place between the be performing a safety-sensitive func- time any individual boards the aircraft tion during any period in which he or with the intention of flight and all she is actually performing, ready to such individuals have disembarked, and perform, or immediately available to in which any individual suffers death perform such function.

or serious injury, or in which the air- (j) Positive rate for random drug testing craft receives substantial damage.

means the number of verified positive (b) Alcohol means any substance spec- results for random drug tests con- ified in 49 CFR part 40.

ducted under subpart E of this part, (c) Alcohol misuse means any prohib- plus the number of refusals of random ited conduct referenced under subpart drug tests required by subpart E of this C or D of this part.

part, divided by the total number of (d) Contractor is an individual or com- random drug test results ( i.e., pany that performs a safety-sensitive positives, negatives, and refusals) function by contract for an employer under subpart E of this part.

or another contractor.

(k) Prohibited drug means any of the (e) Covered employee means an indi- drugs specified in 49 CFR part 40.

vidual who performs, either directly or (l) Refusal to submit to alcohol test by contract, a safety-sensitive function means that a covered employee has en- listed in §§ 120.105 and 120.215 for an em- gaged in conduct including but not lim- ployer (as defined in paragraph (g) of ited to that described in 49 CFR 40.261, this section). For purposes of pre-em- or has failed to remain readily avail- ployment testing only, the term ‘‘cov- able for post-accident testing as re- ered employee’’ includes an individual quired by subpart F of this part.

applying to perform a safety-sensitive function. (m) Refusal to submit to drug test (f) Employee is an individual who is means that a covered employee en- hired, either directly or by contract, to gages in conduct including but not lim- perform a safety-sensitive function for ited to that described in 49 CFR 40.191.

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test results conducted under subpart F (d) Each request for a waiver must be of this part, plus the number of refus- submitted at least 90 days before the als of random alcohol tests required by organization needs it to take effect.

subpart F of this part, divided by the [Docket FAA–2012–1058, Amdt. 120–3, 89 FR total number of random alcohol screen- 103447, Dec. 18, 2024] ing tests (including refusals) conducted under subpart F of this part.

§ 120.10 Waiver based on recognition of a foreign government’s existing [Docket DOT–OST–2021–0093, 88 FR 27635, requirements or an existing testing May 2, 2023] program of a Part 145 certificate § 120.9 Waivers for Part 145 certificate holder outside the territory of the holders outside the territory of the United States.

United States.

(a) General. A foreign government on (a) A part 145 certificate holder behalf of its part 145 certificate hold- whose employees perform safety-sen- ers, or a part 145 certificate holder sitive maintenance functions on part whose employees perform safety-sen- 121 air carrier aircraft outside the ter- sitive maintenance functions on part ritory of the United States may re- 121 air carrier aircraft outside the ter- quest a waiver from the Administrator ritory of the United States (herein re- from any requirements under 14 CFR ferred to as a foreign repair station), part 120, subpart E or F, if specific re- may request a waiver from the Admin- quirements of subpart E or F are incon- istrator from the requirements of this sistent with the laws of the country part in recognition of the foreign gov- where the repair station is located.

ernment’s existing requirements, or (b) Each waiver request must include, the foreign repair station’s existing at a minimum, the following elements: testing program developed consistent (1) Information about the organiza- with the laws of its home country, as a tion, including the name and mailing compatible alternative to the require- address and, if desired, other contact ments of this part.

information such as a fax number, tele- (b) Compatibility. A request for rec- phone number, or email address; ognition must demonstrate that the (2) The specific section or sections of foreign government’s existing require- this part from which the organization ments, or the foreign repair station’s seeks a waiver; existing testing program, contain the (3) The reasons why granting the following key elements of this part: waiver would not adversely affect the (1) A testing protocol or established prevention of accidents and injuries re- consequences used to detect or deter, sulting from the use of prohibited or both, employees who are responsible drugs and/or the misuse of alcohol by for safety-sensitive maintenance on employees; part 121 air carrier aircraft from mis- (4) A copy of the law that is incon- using alcohol and using drugs.

sistent with the provision(s) of this (2) An education or training program part from which a waiver is sought; or materials that explain the impact (5) An explanation of how the law is and consequences of misusing alcohol inconsistent with the provision(s) of and using drugs while performing safe- this part from which a waiver is ty-sensitive maintenance.

sought; and (6) A description of the alternative (3) The method used to rehabilitate means that will be used to achieve the and ensure that safety-sensitive main- objectives of the provision that is the tenance employees who return to work subject of the waiver or, if applicable, a on part 121 air carrier aircraft after a justification of why it would be impos- drug or alcohol test violation or con- sible to achieve the objectives of the sequence no longer misuse alcohol or provision in any way. use drugs.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00061 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 120.10 (c) Requests for recognition of a foreign (i) The request complies with the re- government’s existing requirements or a quirements of paragraph (c) of this sec- foreign repair station’s existing testing tion; and program. (1) Each request for recogni- (ii) The foreign government’s exist- tion of a foreign government’s existing ing requirements, or the foreign repair requirements or a foreign repair sta- station’s existing testing program, con- tion’s existing testing program must tain the key elements of this part as contain: described in paragraph (b) of this sec- (i) The name, title, address, email ad- tion.

dress, and telephone number of the pri- (e) Effect and validity. (1) Recognition mary person to be contacted regarding by the Administrator issued to a for- review of the request; eign government pursuant to para- (ii) Documentation of the foreign graph (d)(2) of this section will apply to government’s existing requirements or all foreign repair stations within the the foreign repair station’s existing territory of the foreign government testing program demonstrating that and subject to the recognized compat- the requirements or program contain ible alternative to the requirements of the key elements of this part described this part.

in paragraph (b) of this section, includ- (2) Recognition by the Administrator ing, if appropriate, copies of applicable will remain valid so long as the foreign laws, regulations, and other require- government’s existing requirements, or ments carrying the force of law; and the foreign repair station’s existing (iii) Appropriate data, records, or testing program, retains the key ele- supporting explanation for the Admin- ments of this part that formed the istrator to consider in determining basis of the Administrator’s recogni- whether the foreign government’s ex- tion pursuant to paragraph (d)(2) of isting requirements or the foreign re- this section.

pair station’s existing testing program (f) Compliance. (1) Each foreign repair contain the key elements of this part; station subject to existing require- and ments or an existing testing program (iv) A statement that the requestor recognized as a compatible alternative intends to notify the Administrator to the requirements of this part pursu- within 30 days of any change to the key ant to paragraph (d)(2) of this section elements described in paragraph (b) of this section that form the basis of the must maintain an FAA-issued letter on Administrator’s recognition pursuant file documenting the recognition.

to paragraph (d)(2) of this section and (2) The FAA may modify, suspend, or provide a description of those changes withdraw recognition by the Adminis- in such notification.

trator when: (2) Each request for recognition must (i) A recognition is no longer valid; be submitted to the Federal Aviation (ii) A foreign repair station fails to Administration, Office of Aerospace implement a testing program con- Medicine, in a form and manner ac- sistent with a recognition issued pursu- ceptable to the Administrator.

ant to paragraph (d)(2) of this section; (3) Each request for recognition must or be submitted at least 90 days before the (iii) A foreign government or foreign organization needs it to take effect.

repair station has not provided the no- (d) Disposition. (1) The Administrator tification described in paragraph will evaluate a request for recognition (c)(1)(iv) of this section.

and may request additional informa- tion, documentation, or explanation, as [Docket FAA–2012–1058, Amdt. 120–3, 89 FR needed, to supplement the request. 103447, Dec. 18, 2024] (2) A foreign government’s existing requirements or a foreign repair sta- tion’s existing testing program will be recognized as a compatible alternative to the requirements of this part if the Administrator determines that: VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00062 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR

Federal Aviation Administration, DOT § 120.17 (b) Refusal by the holder of a certifi- Subpart B—Individuals Certifi- cate issued under part 65 of this chap- cated Under Parts 61, 63, and ter to take a drug or alcohol test re- quired under the provisions of this part is grounds for: § 120.11 Refusal to submit to a drug or (1) Denial of an application for any alcohol test by a Part 61 certificate holder. certificate or rating issued under part 65 of this chapter for a period of up to (a) This section applies to all individ- 1 year after the date of such refusal; uals who hold a certificate under part and 61 of this chapter and who are subject (2) Suspension or revocation of any to drug and alcohol testing under this certificate or rating issued under part part.

65 of this chapter.

(b) Refusal by the holder of a certifi- cate issued under part 61 of this chap- [Docket FAA–2008–0937, 74 FR 22653, May 14, ter to take a drug or alcohol test re- 2009; Amdt. 120–0A, 75 FR 3153, Jan. 20, 2010] quired under the provisions of this part is grounds for: Subpart C—Air Traffic Controllers (1) Denial of an application for any certificate, rating, or authorization § 120.17 Use of prohibited drugs.

issued under part 61 of this chapter for (a) Each employer shall provide each a period of up to 1 year after the date employee performing a function listed of such refusal; and in subpart E of this part, and his or her (2) Suspension or revocation of any supervisor, with the training specified certificate, rating, or authorization in that subpart. No employer may use issued under part 61 of this chapter.

any contractor to perform an air traf- fic control function unless that con- § 120.13 Refusal to submit to a drug or tractor provides each of its employees alcohol test by a Part 63 certificate performing that function for the em- holder.

ployer, and his or her supervisor, with (a) This section applies to all individ- the training specified in subpart E of uals who hold a certificate under part this part.

63 of this chapter and who are subject (b) No employer may knowingly use to drug and alcohol testing under this any individual to perform, nor may any part.

individual perform for an employer, ei- (b) Refusal by the holder of a certifi- ther directly or by contract, any air cate issued under part 63 of this chap- traffic control function while that indi- ter to take a drug or alcohol test re- vidual has a prohibited drug, as defined quired under the provisions of this part in this part, in his or her system.

is grounds for: (c) No employer shall knowingly use (1) Denial of an application for any any individual to perform, nor may any certificate or rating issued under part individual perform for an employer, ei- 63 of this chapter for a period of up to ther directly or by contract, any air 1 year after the date of such refusal; traffic control function if the indi- and vidual has a verified positive drug test (2) Suspension or revocation of any result on, or has refused to submit to, certificate or rating issued under part a drug test required by subpart E of 63 of this chapter.

this part and the individual has not met the requirements of subpart E of [Docket FAA–2008–0937, 74 FR 22653, May 14, 2009; Amdt. 120–0A, 75 FR 3153, Jan. 20, 2010] this part for returning to the perform- ance of safety-sensitive duties.

§ 120.15 Refusal to submit to a drug or (d) Each employer shall test each of alcohol test by a Part 65 certificate its employees who perform any air holder.

traffic control function in accordance (a) This section applies to all individ- with subpart E of this part. No em- uals who hold a certificate under part ployer may use any contractor to per- 65 of this chapter and who are subject form any air traffic control function to drug and alcohol testing under this unless that contractor tests each em- part. ployee performing such a function for VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00063 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR

14 CFR Ch. I (1–1–26 Edition) § 120.19 the employer in accordance with sub- perform or continue to perform safety- part E of this part. sensitive functions.

[Docket FAA–2008–0937, 74 FR 22653, May 14, § 120.21 Testing for alcohol.

2009; Amdt. 120–0A, 75 FR 3153, Jan. 20, 2010] (a) Each air traffic control facility not operated by the FAA or the U.S.

§ 120.19 Misuse of alcohol.

military must establish an alcohol (a) This section applies to covered testing program in accordance with the employees who perform air traffic con- provisions of subpart F of this part.

trol duties directly or by contract for (b) No employer shall use any indi- an employer that is an air traffic con- vidual who meets the definition of cov- trol facility not operated by the FAA ered employee in subpart A of this part or the US military.

to perform a safety-sensitive function (b) Alcohol concentration. No covered listed in subpart F of this part unless employee shall report for duty or re- that individual is subject to testing for main on duty requiring the perform- alcohol misuse in accordance with the ance of safety-sensitive functions while provisions of that subpart.

having an alcohol concentration of 0.04 or greater. No employer having actual Subpart D—Part 119 Certificate knowledge that an employee has an al- Holders Authorized To Con- cohol concentration of 0.04 or greater duct Operations under Part shall permit the employee to perform 121 or Part 135 or Operators or continue to perform safety-sensitive Under § 91.147 of This Chapter functions.

(c) On-duty use. No covered employee and Safety-Sensitive Employ- shall use alcohol while performing ees safety-sensitive functions. No em- § 120.31 Prohibited drugs.

ployer having actual knowledge that a covered employee is using alcohol (a) Each certificate holder or oper- while performing safety-sensitive func- ator shall provide each employee per- tions shall permit the employee to per- forming a function listed in subpart E form or continue to perform safety-sen- of this part, and his or her supervisor, sitive functions.

with the training specified in that sub- (d) Pre-duty use. No covered employee part.

shall perform air traffic control duties (b) No certificate holder or operator within 8 hours after using alcohol. No may use any contractor to perform a employer having actual knowledge function listed in subpart E of this part that such an employee has used alcohol unless that contractor provides each of within 8 hours shall permit the em- its employees performing that function ployee to perform or continue to per- for the certificate holder or operator, form air traffic control duties.

and his or her supervisor, with the (e) Use following an accident. No cov- training specified in that subpart.

ered employee who has actual knowl- § 120.33 Use of prohibited drugs.

edge of an accident involving an air- craft for which he or she performed a (a) This section applies to individuals safety-sensitive function at or near the who perform a function listed in sub- time of the accident shall use alcohol part E of this part for a certificate for 8 hours following the accident, un- holder or operator. For the purpose of less he or she has been given a post-ac- this section, an individual who per- cident test under subpart F of this part forms such a function pursuant to a or the employer has determined that contract with the certificate holder or the employee’s performance could not the operator is considered to be per- have contributed to the accident.

forming that function for the certifi- (f) Refusal to submit to a required alco- cate holder or the operator.

hol test. A covered employee may not (b) No certificate holder or operator refuse to submit to any alcohol test re- may knowingly use any individual to quired under subpart F of this part. An perform, nor may any individual per- employer may not permit an employee form for a certificate holder or an oper- who refuses to submit to such a test to ator, either directly or by contract, VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00064 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR

Federal Aviation Administration, DOT § 120.37 any function listed in subpart E of this the requirements of paragraph (b) of part while that individual has a prohib- this section when the aircraft is next ited drug, as defined in this part, in his at an airport where such maintenance or her system. personnel are available.

(c) No certificate holder or operator (d) For purposes of this section, shall knowingly use any individual to emergency maintenance means main- perform, nor shall any individual per- tenance that— form for a certificate holder or oper- (1) Is not scheduled and ator, either directly or by contract, (2) Is made necessary by an aircraft any safety-sensitive function if that in- condition not discovered prior to the dividual has a verified positive drug departure for that location.

test result on, or has refused to submit § 120.37 Misuse of alcohol.

to, a drug test required by subpart E of this part and the individual has not (a) General. This section applies to met the requirements of that subpart covered employees who perform a func- for returning to the performance of tion listed in subpart F of this part for safety-sensitive duties.

a certificate holder. For the purpose of this section, an individual who meets [Docket FAA–2008–0937, 74 FR 22653, May 14, the definition of covered employee in 2009; Amdt. 120–0A, 75 FR 3153, Jan. 20, 2010] subpart F of this part is considered to § 120.35 Testing for prohibited drugs.

be performing the function for the cer- tificate holder.

(a) Each certificate holder or oper- (b) Alcohol concentration. No covered ator shall test each of its employees employee shall report for duty or re- who perform a function listed in sub- main on duty requiring the perform- part E of this part in accordance with ance of safety-sensitive functions while that subpart.

having an alcohol concentration of 0.04 (b) Except as provided in paragraph or greater. No certificate holder having (c) of this section, no certificate holder actual knowledge that an employee has or operator may use any contractor to an alcohol concentration of 0.04 or perform a function listed in subpart E greater shall permit the employee to of this part unless that contractor perform or continue to perform safety- tests each employee performing such a sensitive functions.

function for the certificate holder or (c) On-duty use. No covered employee operator in accordance with that sub- shall use alcohol while performing part.

(c) If a certificate holder conducts an safety-sensitive functions. No certifi- on-demand operation into an airport at cate holder having actual knowledge which no maintenance providers are that a covered employee is using alco- available that are subject to the re- hol while performing safety-sensitive quirements of subpart E of this part functions shall permit the employee to and emergency maintenance is re- perform or continue to perform safety- quired, the certificate holder may use sensitive functions.

individuals not meeting the require- (d) Pre-duty use. (1) No covered em- ments of paragraph (b) of this section ployee shall perform flight crew- to provide such emergency mainte- member or flight attendant duties nance under both of the following con- within 8 hours after using alcohol. No ditions: certificate holder having actual knowl- (1) The certificate holder must give edge that such an employee has used written notification of the emergency alcohol within 8 hours shall permit the maintenance to the Drug Abatement employee to perform or continue to Program Division, AAM–800, 800 Inde- perform the specified duties.

pendence Avenue, SW., Washington, DC (2) No covered employee shall per- 20591, within 10 days after being pro- form safety-sensitive duties other than vided same in accordance with this those specified in paragraph (d)(1) of paragraph. A certificate holder must this section within 4 hours after using retain copies of all such written notifi- alcohol. No certificate holder having cations for two years. actual knowledge that such an em- (2) The aircraft must be reinspected ployee has used alcohol within 4 hours by maintenance personnel who meet shall permit the employee to perform VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00065 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 120.39 or to continue to perform safety-sen- retain copies of all such written notifi- sitive functions. cations for two years.

(2) The aircraft must be reinspected (e) Use following an accident. No cov- by maintenance personnel who meet ered employee who has actual knowl- the requirements of paragraph (b) of edge of an accident involving an air- this section when the aircraft is next craft for which he or she performed a at an airport where such maintenance safety-sensitive function at or near the personnel are available.

time of the accident shall use alcohol (d) For purposes of this section, for 8 hours following the accident, un- emergency maintenance means main- less he or she has been given a post-ac- tenance that— cident test under subpart F of this (1) Is not scheduled and part, or the employer has determined (2) Is made necessary by an aircraft that the employee’s performance could condition not discovered prior to the not have contributed to the accident.

departure for that location.

(f) Refusal to submit to a required alco- hol test. A covered employee must not Subpart E—Drug Testing Program refuse to submit to any alcohol test re- Requirements quired under subpart F of this part. A certificate holder must not permit an § 120.101 Scope.

employee who refuses to submit to This subpart contains the standards such a test to perform or continue to and components that must be included perform safety-sensitive functions.

in a drug testing program required by this part.

§ 120.39 Testing for alcohol.

(a) Each certificate holder must es- § 120.103 General.

tablish an alcohol testing program in (a) Purpose. The purpose of this sub- accordance with the provisions of sub- part is to establish a program designed part F of this part.

to help prevent accidents and injuries (b) Except as provided in paragraph resulting from the use of prohibited (c) of this section, no certificate holder drugs by employees who perform safe- or operator may use any individual ty-sensitive functions.

who meets the definition of covered (b) DOT procedures. (1) Each employer employee in subpart A of this part to shall ensure that drug testing pro- perform a safety-sensitive function grams conducted pursuant to 14 CFR listed in that subpart F of this part un- parts 65, 91, 121, and 135 comply with less that individual is subject to test- the requirements of this subpart and ing for alcohol misuse in accordance the ‘‘Procedures for Transportation with the provisions of that subpart.

Workplace Drug Testing Programs’’ (c) If a certificate holder conducts an published by the Department of Trans- on-demand operation into an airport at portation (DOT) (49 CFR part 40).

which no maintenance providers are (2) An employer may not use or con- available that are subject to the re- tract with any drug testing laboratory quirements of subpart F of this part that is not certified by the Department and emergency maintenance is re- of Health and Human Services (HHS) quired, the certificate holder may use under the National Laboratory Certifi- individuals not meeting the require- cation Program.

ments of paragraph (b) of this section (c) Employer responsibility. As an em- to provide such emergency mainte- ployer, you are responsible for all ac- nance under both of the following con- tions of your officials, representatives, ditions: and service agents in carrying out the (1) The certificate holder must give requirements of this subpart and 49 written notification of the emergency CFR part 40.

maintenance to the Drug Abatement (d) Applicable Federal regulations. The Program Division, AAM–800, 800 Inde- following applicable regulations appear pendence Avenue, SW., Washington, DC in 49 CFR or 14 CFR: 20591, within 10 days after being pro- (1) 49 CFR part 40—Procedures for vided same in accordance with this Transportation Workplace Drug Test- paragraph. A certificate holder must ing Programs.

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(i) § 67.107—First-Class Airman Med- ical Certificate, Mental.

Each employer shall conduct the (ii) § 67.207—Second-Class Airman types of testing described in this sec- Medical Certificate, Mental.

tion in accordance with the procedures (iii) § 67.307—Third-Class Airman set forth in this subpart and the DOT Medical Certificate, Mental. ‘‘Procedures for Transportation Work- (iv) § 91.147—Passenger carrying place Drug Testing Programs’’ (49 CFR part 40).

flight for compensation or hire.

(a) Pre-employment drug testing. (1) No (v) § 135.1—Applicability.

employer may hire any individual for a (e) [RESERVED].

safety-sensitive function listed in [Amendment No. 120–4, 90 FR 59376, Dec. 19, § 120.105 unless the employer first con- 2025] ducts a pre-employment test and re- ceives a verified negative drug test re- § 120.105 Employees who must be test- sult for that individual.

ed.

(2) No employer may allow an indi- Each employee, including any assist- vidual to transfer from a nonsafety- ant, helper, or individual in a training sensitive to a safety-sensitive function status, who performs a safety-sensitive unless the employer first conducts a function listed in this section directly pre-employment test and receives a or by contract (including by sub- verified negative drug test result for contract at any tier) for an employer the individual.

as defined in this subpart must be sub- (3) Employers must conduct another ject to drug testing under a drug test- pre-employment test and receive a ing program implemented in accord- verified negative drug test result be- ance with this subpart. This includes fore hiring or transferring an indi- vidual into a safety-sensitive function full-time, part-time, temporary, and if more than 180 days elapse between intermittent employees regardless of conducting the pre-employment test the degree of supervision. The safety- required by paragraphs (a)(1) or (2) of sensitive functions are: this section and hiring or transferring (a) Flight crewmember duties.

the individual into a safety-sensitive (b) Flight attendant duties.

function, resulting in that individual (c) Flight instruction duties.

being brought under an FAA drug test- (d) Aircraft dispatcher duties.

ing program.

(e) Aircraft maintenance and preven- (4) If the following criteria are met, tive maintenance duties.

an employer is permitted to conduct a (f) Ground security coordinator du- pre-employment test, and if such a test ties.

is conducted, the employer must re- (g) Aviation screening duties.

ceive a negative test result before put- (h) Air traffic control duties. ting the individual into a safety-sen- sitive function: (i) Operations control specialist du- ties. (i) The individual previously per- formed a safety-sensitive function for [Docket FAA–2008–0937, 74 FR 22653, May 14, the employer and the employer is not 2009, as amended by Amdt. 120–2, 79 FR 9973, required to pre-employment test the Feb. 21, 2014] individual under paragraphs (a)(1) or (2) of this section before putting the indi- § 120.107 Substances for which testing vidual to work in a safety-sensitive must be conducted.

function; Each employer shall test each em- (ii) The employer removed the indi- ployee who performs a safety-sensitive vidual from the employer’s random function for evidence of a prohibited testing program conducted under this drug during each test required by subpart for reasons other than a § 120.109.

verified positive test result on an FAA- mandated drug test or a refusal to sub- [84 FR 16773, Apr. 23, 2019] mit to such testing; and VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00067 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 120.109 (iii) The individual will be returning part for any calendar year indicate to the performance of a safety-sen- that the reported positive rate is equal sitive function. to or greater than 1.0 percent, the Ad- (5) Before hiring or transferring an ministrator will increase the minimum individual to a safety-sensitive func- annual percentage rate for random tion, the employer must advise each in- drug testing to 50 percent of all covered dividual that the individual will be re- employees.

quired to undergo pre-employment (5) The selection of employees for testing in accordance with this sub- random drug testing shall be made by a part, to determine the presence of a scientifically valid method, such as a prohibited drug in the individual’s sys- random-number table or a computer- tem. The employer shall provide this based random number generator that is same notification to each individual matched with employees’ Social Secu- required by the employer to undergo rity numbers, payroll identification pre-employment testing under para- numbers, or other comparable identi- graph (a)(4) of this section. fying numbers. Under the selection (b) Random drug testing. (1) Except as process used, each covered employee provided in paragraphs (b)(2) through shall have an equal chance of being (b)(4) of this section, the minimum an- tested each time selections are made.

nual percentage rate for random drug (6) As an employer, you must select testing shall be 50 percent of covered and test a percentage of employees at employees. least equal to the minimum annual (2) The Administrator’s decision to percentage rate each year.

increase or decrease the minimum an- (i) As an employer, to determine nual percentage rate for random drug whether you have met the minimum testing is based on the reported posi- annual percentage rate, you must di- tive rate for the entire industry. All in- vide the number of random testing re- formation used for this determination sults for safety-sensitive employees by is drawn from the statistical reports the average number of safety-sensitive required by § 120.119. In order to ensure employees eligible for random testing.

reliability of the data, the Adminis- (A) To calculate whether you have trator considers the quality and com- met the annual minimum percentage pleteness of the reported data, may ob- rate, count all random positives, ran- tain additional information or reports dom negatives, and random refusals as from employers, and may make appro- your ‘‘random testing results.’’ priate modifications in calculating the (B) To calculate the average number industry positive rate. Each year, the of safety-sensitive employees eligible Administrator will publish in the F ED - for random testing throughout the ERAL R EGISTER the minimum annual year, add the total number of safety- percentage rate for random drug test- sensitive employees eligible for testing ing of covered employees. The new during each random testing period for minimum annual percentage rate for the year and divide that total by the random drug testing will be applicable number of random testing periods.

starting January 1 of the calendar year Only safety-sensitive employees are to following publication. be in an employer’s random testing (3) When the minimum annual per- pool, and all safety-sensitive employ- centage rate for random drug testing is ees must be in the random pool. If you 50 percent, the Administrator may are an employer conducting random lower this rate to 25 percent of all cov- testing more often than once per ered employees if the Administrator month (e.g., you select daily, weekly, determines that the data received bi-weekly) you do not need to compute under the reporting requirements of this total number of safety-sensitive this subpart for two consecutive cal- employees more than on a once per endar years indicate that the reported month basis.

positive rate is less than 1.0 percent. (ii) As an employer, you may use a (4) When the minimum annual per- service agent to perform random selec- centage rate for random drug testing is tions for you, and your safety-sensitive 25 percent, and the data received under employees may be part of a larger ran- the reporting requirements of this sub- dom testing pool of safety-sensitive VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00068 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 120.109 employees. However, you must ensure taining the covered employees who are that the service agent you use is test- subject to testing at the same required ing at the appropriate percentage es- rate; or tablished for your industry and that (ii) Randomly select covered employ- only safety-sensitive employees are in ees for testing at the highest percent- the random testing pool. For example: age rate established for the calendar (A) If the service agent has your em- year by any DOT agency to which the ployees in a random testing pool for employer is subject.

your company alone, you must ensure (11) An employer required to conduct that the testing is conducted at least random drug testing under the anti- at the minimum annual percentage drug rules of more than one DOT agen- rate under this part. cy shall provide each such agency ac- (B) If the service agent has your em- cess to the employer’s records of ran- ployees in a random testing pool com- dom drug testing, as determined to be bined with other FAA-regulated com- necessary by the agency to ensure the panies, you must ensure that the test- employer’s compliance with the rule.

ing is conducted at least at the min- (c) Post-accident drug testing. Each imum annual percentage rate under employer shall test each employee who this part. performs a safety-sensitive function for (C) If the service agent has your em- the presence of a prohibited drug in the ployees in a random testing pool com- employee’s system if that employee’s bined with other DOT-regulated com- performance either contributed to an panies, you must ensure that the test- accident or cannot be completely dis- ing is conducted at least at the highest counted as a contributing factor to the rate required for any DOT-regulated accident. The employee shall be tested company in the pool. as soon as possible but not later than (7) Each employer shall ensure that 32 hours after the accident. The deci- random drug tests conducted under sion not to administer a test under this this subpart are unannounced and that section must be based on a determina- the dates for administering random tion, using the best information avail- tests are spread reasonably throughout able at the time of the determination, the calendar year. that the employee’s performance could (8) Each employer shall require that not have contributed to the accident.

each safety-sensitive employee who is The employee shall submit to post-ac- notified of selection for random drug cident testing under this section.

testing proceeds to the collection site (d) Drug testing based on reasonable immediately; provided, however, that cause. Each employer must test each if the employee is performing a safety- employee who performs a safety-sen- sensitive function at the time of the sitive function and who is reasonably notification, the employer shall in- suspected of having used a prohibited stead ensure that the employee ceases drug. The decision to test must be to perform the safety-sensitive func- based on a reasonable and articulable tion and proceeds to the collection site belief that the employee is using a pro- as soon as possible. hibited drug on the basis of specific (9) If a given covered employee is contemporaneous physical, behavioral, subject to random drug testing under or performance indicators of probable the drug testing rules of more than one drug use. At least two of the employ- DOT agency, the employee shall be ee’s supervisors, one of whom is trained subject to random drug testing at the in detection of the symptoms of pos- percentage rate established for the cal- sible drug use, must substantiate and endar year by the DOT agency regu- concur in the decision to test an em- lating more than 50 percent of the em- ployee who is reasonably suspected of ployee’s function. drug use; except that in the case of an (10) If an employer is required to con- employer, other than a part 121 certifi- duct random drug testing under the cate holder, who employs 50 or fewer drug testing rules of more than one employees who perform safety-sen- DOT agency, the employer may— sitive functions, one supervisor who is (i) Establish separate pools for ran- trained in detection of symptoms of dom selection, with each pool con- possible drug use must substantiate VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00069 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 120.111 the decision to test an employee who is termines that such testing is no longer reasonably suspected of drug use. necessary.

(e) Return to duty drug testing. Each [Docket FAA–2008–0937, 74 FR 22653, May 14, employer shall ensure that before an 2009, as amended at 84 FR 16773, Apr. 23, 2019] individual is returned to duty to per- form a safety-sensitive function after § 120.111 Administrative and other refusing to submit to a drug test re- matters.

quired by this subpart or receiving a (a) MRO record retention requirements.

verified positive drug test result on a (1) Records concerning drug tests con- test conducted under this subpart the firmed positive by the laboratory shall individual shall undergo a return-to- be maintained by the MRO for 5 years.

duty drug test. No employer shall Such records include the MRO copies of allow an individual required to undergo the custody and control form, medical return-to-duty testing to perform a interviews, documentation of the basis safety-sensitive function unless the for verifying as negative test results employer has received a verified nega- confirmed as positive by the labora- tive drug test result for the individual.

tory, any other documentation con- The test cannot occur until after the cerning the MRO’s verification process.

SAP has determined that the employee (2) Should the employer change has successfully complied with the pre- MRO’s for any reason, the employer scribed education and/or treatment.

shall ensure that the former MRO for- (f) Follow-up drug testing. (1) Each wards all records maintained pursuant employer shall implement a reasonable to this rule to the new MRO within ten program of unannounced testing of working days of receiving notice from each individual who has been hired to the employer of the new MRO’s name perform or who has been returned to and address.

the performance of a safety-sensitive (3) Any employer obtaining MRO function after refusing to submit to a services by contract, including a con- drug test required by this subpart or tract through a C/TPA, shall ensure receiving a verified positive drug test that the contract includes a record- result on a test conducted under this keeping provision that is consistent subpart.

with this paragraph, including require- (2) The number and frequency of such ments for transferring records to a new testing shall be determined by the em- MRO.

ployer’s Substance Abuse Professional (b) Access to records. The employer conducted in accordance with the pro- and the MRO shall permit the Adminis- visions of 49 CFR part 40, but shall con- trator or the Administrator’s rep- sist of at least six tests in the first 12 resentative to examine records re- months following the employee’s re- quired to be kept under this subpart turn to duty.

and 49 CFR part 40. The Administrator (3) The employer must direct the em- or the Administrator’s representative ployee to undergo testing for alcohol in may require that all records main- accordance with subpart F of this part, tained by the service agent for the em- in addition to drugs, if the Substance ployer must be produced at the em- Abuse Professional determines that al- ployer’s place of business.

cohol testing is necessary for the par- (c) Release of drug testing information.

ticular employee. Any such alcohol An employer shall release information testing shall be conducted in accord- regarding an employee’s drug testing ance with the provisions of 49 CFR part results, evaluation, or rehabilitation to 40.

a third party in accordance with 49 (4) Follow-up testing shall not exceed CFR part 40. Except as required by law, 60 months after the date the individual this subpart, or 49 CFR part 40, no em- begins to perform or returns to the per- ployer shall release employee informa- formance of a safety-sensitive func- tion.

tion. The Substance Abuse Professional may terminate the requirement for fol- (d) Refusal to submit to testing. Each low-up testing at any time after the employer must notify the FAA within 2 first six tests have been conducted, if working days of any covered employee the Substance Abuse Professional de- who holds a certificate issued under VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00070 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR

Federal Aviation Administration, DOT § 120.113 part 61, part 63, or part 65 of this chap- verified as positive, actions required ter who has refused to submit to a drug under this rule (e.g., notification to the test required under this subpart. Noti- Federal Air Surgeon, removal from fication must be sent to: Federal Avia- safety-sensitive position) are not tion Administration, Office of Aero- stayed during the 72-hour request pe- space Medicine, Drug Abatement Divi- riod or pending receipt of the split sion (AAM–800), 800 Independence Ave- specimen test result.

nue, SW., Washington, DC 20591, or by (c) Substance Abuse Professional (SAP).

fax to (202) 267–5200.

The SAP must perform the functions (e) Permanent disqualification from set forth in 49 CFR part 40, subpart O.

service. (1) An employee who has (d) Additional Medical Review Officer, verified positive drug test results on Substance Abuse Professional, and Em- two drug tests required by this subpart ployer Responsibilities Regarding 14 CFR of this chapter, and conducted after part 67 Airman Medical Certificate Hold- September 19, 1994, is permanently pre- ers. (1) As part of verifying a confirmed cluded from performing for an em- positive test result or refusal to submit ployer the safety-sensitive duties the to a test, the MRO must ask and the employee performed prior to the sec- individual must answer whether he or ond drug test.

she holds an airman medical certificate (2) An employee who has engaged in issued under 14 CFR part 67 or would be prohibited drug use during the per- required to hold an airman medical formance of a safety-sensitive function certificate to perform a safety-sen- after September 19, 1994 is permanently sitive function for the employer. If the precluded from performing that safety- individual answers in the affirmative sensitive function for an employer.

to either question, in addition to noti- (f) DOT management information sys- fying the employer in accordance with tem annual reports. Copies of any an- 49 CFR part 40, the MRO must forward nual reports submitted to the FAA to the Federal Air Surgeon, at the ad- under this subpart must be maintained dress listed in paragraph (d)(5) of this by the employer for a minimum of 5 section, the name of the individual, years.

along with identifying information and [Docket FAA–2008–0937, 74 FR 22653, May 14, supporting documentation, within 2 2009, as amended by Docket DOT–OST–2021– working days after verifying a positive 0093, 88 FR 27636, May 2, 2023] drug test result or refusal to submit to a test.

§ 120.113 Medical Review Officer, Sub- stance Abuse Professional, and Em- (2) During the SAP interview re- ployer Responsibilities.

quired for a verified positive test result or a refusal to submit to a test, the (a) The employer shall designate or SAP must ask and the individual must appoint a Medical Review Officer answer whether he or she holds or (MRO) who shall be qualified in accord- would be required to hold an airman ance with 49 CFR part 40 and shall per- medical certificate issued under 14 CFR form the functions set forth in 49 CFR part 67 to perform a safety-sensitive part 40 and this subpart. If the em- function for the employer. If the indi- ployer does not have a qualified indi- vidual answers in the affirmative, the vidual on staff to serve as MRO, the individual must obtain an airman med- employer may contract for the provi- ical certificate issued by the Federal sion of MRO services as part of its drug Air Surgeon dated after the verified testing program.

positive drug test result date or refusal (b) Medical Review Officer (MRO). The to test date. After the individual ob- MRO must perform the functions set tains this airman medical certificate, forth in subpart G of 49 CFR part 40, the SAP may recommend to the em- and subpart E of this part. The MRO shall not delay verification of the pri- ployer that the individual may be re- mary test result following a request for turned to a safety-sensitive position.

a split specimen test unless such delay The receipt of an airman medical cer- is based on reasons other than the fact tificate does not alter any obligations that the split specimen test result is otherwise required by 49 CFR part 40 or pending. If the primary test result is this subpart.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00071 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 120.115 (3) An employer must forward to the (iii) Display and distribution of the Federal Air Surgeon within 2 working employer’s policy regarding drug use in days of receipt, copies of all reports the workplace.

provided to the employer by a SAP re- (2) The employer’s policy shall in- garding the following: clude information regarding the con- sequences under the rule of using drugs (i) An individual who the MRO has while performing safety-sensitive func- reported to the Federal Air Surgeon tions, receiving a verified positive drug under § 120.113 (d)(1); or test result, or refusing to submit to a (ii) An individual who the employer drug test required under the rule.

has reported to the Federal Air Sur- (c) EAP training program. (1) Each em- geon under § 120.111(d).

ployer shall implement a reasonable (4) The employer must not permit an program of initial training for employ- employee who is required to hold an ees. The employee training program airman medical certificate under 14 must include at least the following ele- CFR part 67 to perform a safety-sen- ments: sitive duty to resume that duty until (i) The effects and consequences of the employee has: drug use on individual health, safety, (i) Been issued an airman medical and work environment; certificate from the Federal Air Sur- (ii) The manifestations and behav- geon after the date of the verified posi- ioral cues that may indicate drug use tive drug test result or refusal to test; and abuse; and and (2) The employer’s supervisory per- (ii) Met the return to duty require- sonnel who will determine when an em- ments in accordance with 49 CFR part ployee is subject to testing based on 40.

reasonable cause shall receive specific (5) Reports required under this sec- training on specific, contemporaneous tion shall be forwarded to the Federal physical, behavioral, and performance Air Surgeon, Federal Aviation Admin- indicators of probable drug use in addi- istration, Office of Aerospace Medicine, tion to the training specified in § 120.115 Attn: Drug Abatement Division (AAM– (c).

800), 800 Independence Avenue, SW., (3) The employer shall ensure that Washington, DC 20591.

supervisors who will make reasonable (6) MROs, SAPs, and employers who cause determinations receive at least send reports to the Federal Air Sur- 60 minutes of initial training.

geon must keep a copy of each report (4) The employer shall implement a for 5 years.

reasonable recurrent training program for supervisory personnel making rea- § 120.115 Employee Assistance Pro- sonable cause determinations during gram (EAP).

subsequent years.

(a) The employer shall provide an (5) Documentation of all training EAP for employees. The employer may given to employees and supervisory establish the EAP as a part of its inter- personnel must be included in the nal personnel services or the employer training program.

may contract with an entity that will (6) The employer shall identify the provide EAP services to an employee. employee and supervisor EAP training Each EAP must include education and in the employer’s drug testing pro- training on drug use for employees and gram.

training for supervisors making deter- [Docket FAA–2008–0937, 74 FR 22653, May 14, minations for testing of employees 2009, as amended by Amdt. 120–1, 78 FR 42003, based on reasonable cause.

July 15, 2013] (b) EAP education program. (1) Each § 120.117 Implementing a drug testing EAP education program must include program.

at least the following elements: (i) Display and distribution of infor- (a) Each company must meet the re- mational material; quirements of this subpart. Use the fol- (ii) Display and distribution of a lowing chart to determine whether community service hot-line telephone your company must obtain an Anti- number for employee assistance; and drug and Alcohol Misuse Prevention VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00072 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 120.117 Program Operations Specification, Let- of this chapter, or if you intend to ter of Authorization, or Drug and Alco- begin air traffic control operations (not hol Testing Program Registration from operated by the FAA or by or under the FAA: contract to the U.S. Military). Use it to determine whether you need to have If you are . . . You must . . .

an Antidrug and Alcohol Misuse Pre- vention Program Operations Specifica- (1) A part 119 cer- Obtain an Antidrug and Alcohol Misuse tificate holder with Prevention Program Operations tion, Letter of Authorization, or Drug authority to oper- Specification by contacting your FAA and Alcohol Testing Program Registra- ate under parts Principal Operations Inspector.

tion from the FAA. Your employees 121 or 135.

who perform safety-sensitive functions (2) An operator as Obtain a Letter of Authorization by con- defined in tacting the Flight Standards District must be tested in accordance with this § 91.147 of this Office nearest to your principal place subpart. The chart follows: chapter. of business.

(3) A part 119 cer- Complete the requirements in para- If you . . . You must . . .

tificate holder with graphs 1 and 2 of this chart and ad- authority to oper- vise the Flight Standards District Of- (1) Apply for a part (i) Have an Antidrug and Alcohol Mis- ate under parts fice and the Drug Abatement Divi- 119 certificate use Prevention Program Operations 121 or 135 and sion that the § 91.147 operation will with authority to Specification, an operator as be included under the part 119 test- operate under defined in ing program. Contact the Drug parts 121 or 135.

§ 91.147 of this Abatement Division at FAA, Office of (ii) Implement an FAA drug testing pro- chapter. Aerospace Medicine, Drug Abate- gram no later than the date you start ment Division (AAM–800), 800 Inde- operations, and pendence Avenue SW., Washington, (iii) Meet the requirements of this sub- DC 20591.

part.

(4) An air traffic Register with the FAA, Office of Aero- (2) Intend to begin (i) Have a Letter of Authorization, control facility not space Medicine, Drug Abatement Di- operations as de- operated by the vision (AAM–800), 800 Independ- fined in § 91.147 FAA or by or ence Avenue SW., Washington, DC of this chapter.

under contract to 20591.

(ii) Implement an FAA drug testing pro- the U.S. Military.

gram no later than the date you start (5) A part 145 cer- Obtain an Antidrug and Alcohol Misuse operations, and tificate holder lo- Prevention Program Operations (iii) Meet the requirements of this sub- cated inside the Specification by contacting your Prin- part.

territory of the cipal Maintenance Inspector or reg- (3) Apply for a part (i) Have an Antidrug and Alcohol Mis- United States ister with the FAA, Office of Aero- 119 certificate use Prevention Program Operations who has your space Medicine, Drug Abatement Di- with authority to Specification and a Letter of Author- own drug testing vision (AAM–800), 800 Independ- operate under ization, program. ence Avenue SW, Washington, DC parts 121 or 135 20591, if you opt to conduct your and intend to own drug testing program.

begin operations (6) A part 145 cer- Obtain an Antidrug and Alcohol Misuse as defined in tificate holder lo- Prevention Program Operations § 91.147 of this cated outside the Specification by contacting your Prin- chapter.

territory of the cipal Maintenance Inspector.

(ii) Implement your combined FAA drug United States testing program no later than the whose employees date you start operations, and perform safety- (iii) Meet the requirements of this sub- sensitive mainte- part.

nance functions (4) Intend to begin (i) Register with the FAA, Office of on part 121 air air traffic control Aerospace Medicine, Drug Abate- carrier aircraft, operations (at an ment Division (AAM–800), 800 Inde- unless you have air traffic control pendence Avenue SW., Washington, received recogni- facility not oper- DC 20591, prior to starting oper- tion pursuant to ated by the FAA ations, § 120.10.

or by or under (7) A contractor Register with the FAA, Office of Aero- contract to the who has your space Medicine, Drug Abatement Di- U.S. military).

own drug testing vision (AAM–800), 800 Independ- (ii) Implement an FAA drug testing pro- program. ence Avenue SW., Washington, DC gram no later than the date you start 20591, if you opt to conduct your operations, and own drug testing program.

(iii) Meet the requirements of this sub- part.

(b) Use the following chart for imple- menting a drug testing program if you (c) If you are an individual or com- are applying for a part 119 certificate pany that intends to provide safety- with authority to operate under parts sensitive services by contract to a part 121 or 135 of this chapter, if you intend 119 certificate holder with authority to to begin operations as defined in § 91.147 operate under part 121 and/or part 135 VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00073 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 120.117 of this chapter, an operation as defined U.S. military, use the following chart in § 91.147 of this chapter, or an air traf- to determine what you must do if you fic control facility not operated by the opt to have your own drug testing pro- FAA or by or under contract to the gram.

If you are . . . You must . . .

(1) A part 145 certificate holder located inside the territory of (i) Have an Antidrug and Alcohol Misuse Prevention Program the United States and opt to conduct your own program Operations Specification or register with the FAA, Office of under this part. Aerospace Medicine, Drug Abatement Division (AAM–800), 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 part 121 or 135, or operator as defined in § 91.147 of this chap- ter, and (iii) Meet the requirements of this subpart as if you were an employer.

(2) A part 145 certificate holder located outside the territory of (i) Obtain an Antidrug and Alcohol Misuse Prevention Program the United States whose employees perform maintenance Operations Specification by contacting your Principal Mainte- functions on part 121 air carrier aircraft, unless you have re- nance Inspector.

ceived recognition pursuant to § 120.10. (ii) Implement a drug testing program acceptable to the Admin- istrator no later than December 20, 2027, and (iii) Meet the requirements of this subpart as if you were an employer in accordance with any applicable waivers or ex- emptions.

(3) A contractor who opts to implement a testing program (i) Register with the FAA, Office of Aerospace Medicine, Drug under this part. Abatement Division (AAM–800), 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 part 121 or 135, or operator as defined in § 91.147 of this chap- ter, or an air traffic control facility not operated by the FAA or by or under contract to the U.S. Military, and (iii) Meet the requirements of this subpart as if you were an employer.

(d) Obtaining an Antidrug and Alcohol nance Inspector that you will comply Misuse Prevention Program Operations with this part and 49 CFR part 40.

Specification. (1) To obtain an Antidrug (3) You are required to obtain only and Alcohol Misuse Prevention Pro- one Antidrug and Alcohol Misuse Pre- gram Operations Specification, you vention Program Operations Specifica- must contact your FAA Principal Op- tion to satisfy this requirement under erations Inspector or Principal Mainte- this part.

nance Inspector. Provide him/her with (4) You must update the Antidrug the following information: and Alcohol Misuse Prevention Pro- (i) Company name. gram Operations Specification when (ii) Certificate number. any changes to the information con- (iii) Telephone number. tained in the Operation Specification occur.

(iv) Address where your drug and al- cohol testing program records are kept. (e) Register your Drug and Alcohol Testing Program by obtaining a Letter of (v) Whether you have 50 or more safe- Authorization from the FAA in accord- ty-sensitive employees, or 49 or fewer ance with § 91.147. (1) A drug and alcohol safety-sensitive employees. (Part 119 testing program is considered reg- certificate holders with authority to istered when the following information operate only under part 121 of this is submitted to the Flight Standards chapter are not required to provide this District Office nearest your principal information.)

place of business: (2) You must certify on your Anti- (i) Company name.

drug and Alcohol Misuse Prevention (ii) Telephone number.

Program Operations Specification issued by your FAA Principal Oper- (iii) Address where your drug and al- ations Inspector or Principal Mainte- cohol testing program records are kept.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00074 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 120.117 (iv) Type of safety-sensitive func- this part and 49 CFR part 40; and you tions you or your employees perform intend to provide safety-sensitive func- (such as flight instruction duties, air- tions by contract (including sub- craft dispatcher duties, maintenance or contract at any tier) to a part 119 cer- preventive maintenance duties, ground tificate holder with authority to oper- security coordinator duties, aviation ate under part 121 or part 135 of this screening duties, air traffic control du- chapter, an operator as defined in ties). § 91.147 of this chapter, or an air traffic (v) Whether you have 50 or more cov- control facility not operated by the ered employees, or 49 or fewer covered FAA or by or under contract to the employees. U.S. military.

(vi) A signed statement indicating (2) Send this information to the Fed- that your company will comply with eral Aviation Administration, Office of this part and 49 CFR part 40. Aerospace Medicine, Drug Abatement (2) This Letter of Authorization will Division (AAM–800), 800 Independence satisfy the requirements for both your Avenue SW., Washington, DC 20591.

drug testing program under this sub- (3) This Drug and Alcohol Testing part and your alcohol testing program Program Registration will satisfy the under subpart F of this part. registration requirements for both (3) Update the Letter of Authoriza- your drug testing program under this tion information as changes occur. subpart and your alcohol testing pro- Send the updates to the Flight Stand- gram under subpart F of this part.

ards District Office nearest your prin- (4) Update the registration informa- cipal place of business. tion as changes occur. Send the up- (4) If you are a part 119 certificate dates to the address specified in para- holder with authority to operate under graph (f)(2) of this section.

parts 121 or 135 and intend to begin op- [Docket FAA–2008–0937, 74 FR 22653, May 14, erations as defined in § 91.147 of this 2009; Amdt. 120–0A, 75 FR 3154, Jan. 20, 2010, chapter, you must also advise the Fed- as amended by Amdt. 120–1, 78 FR 42003, July eral Aviation Administration, Office of 15, 2013; Docket FAA–2012–1058, Amdt. 120–3, Aerospace Medicine, Drug Abatement 89 FR 103448, Dec. 18, 2024] Division (AAM–800), 800 Independence E FFECTIVE D ATE N OTE : By Docket FAA– Avenue SW., Washington, DC 20591.

2012–1058, Amdt. 120–3, 89 FR 103449, Dec. 18, (f) Obtaining a Drug and Alcohol Test- 2024, § 120.117 was amended by revising para- ing Program Registration from the FAA. graph (c)(2), effective Dec. 20, 2027. For the convenience of the user, the revised text is (1) Except as provided in paragraphs (d) set forth as follows: and (e) of this section, to obtain a Drug and Alcohol Testing Program Registra- § 120.117 Implementing a drug testing pro- tion from the FAA, you must submit gram.

the following information to the Office of Aerospace Medicine, Drug Abate- * * * * * ment Division: (c) * * * (i) Company name.

(ii) Telephone number.

If you are . . . You must . . .

(iii) Address where your drug and al- cohol testing program records are kept.

* * * * * * * (iv) Type of safety-sensitive func- (2) A part 145 cer- (i) Obtain an Antidrug and Alcohol Mis- tions you or your employees perform tificate holder lo- use Prevention Program Operations cated outside the Specification by contacting your Prin- (such as flight instruction duties, air- territory of the cipal Maintenance Inspector.

craft dispatcher duties, maintenance or United States preventive maintenance duties, ground whose employees security coordinator duties, aviation perform mainte- nance functions screening duties, air traffic control du- on part 121 air ties).

carrier aircraft, (v) Whether you have 50 or more cov- unless you have received recogni- ered employees, or 49 or fewer covered tion pursuant to employees.

§ 120.10.

(vi) A signed statement indicating (ii) Implement a drug testing program that: your company will comply with acceptable to the Administrator, and VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00075 Fmt 8010 Sfmt 8003 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR

14 CFR Ch. I (1–1–26 Edition) § 120.119 If you are . . . You must . . . the accuracy and completeness of the MIS report, no matter who prepares it.

(iii) Meet the requirements of this sub- part as if you were an employer in [Docket FAA–2008–0937, 74 FR 22653, May 14, accordance with any applicable 2009; Amdt. 120–0A, 75 FR 3154, Jan. 20, 2010, waivers or exemptions.

as amended by Docket DOT–OST–2021–0093, 88 FR 27636, May 2, 2023] * * * * * * * § 120.121 Preemption.

§ 120.119 Annual reports.

(a) The issuance of 14 CFR parts 65, (a) Annual reports of testing results 91, 121, and 135 by the FAA preempts must be submitted to the FAA by any State or local law, rule, regula- March 15 of the succeeding calendar tion, order, or standard covering the year for the prior calendar year (Janu- subject matter of 14 CFR parts 65, 91, ary 1 through December 31) in accord- 121, and 135, including but not limited ance with the following provisions: to, drug testing of aviation personnel (1) Each part 121 certificate holder performing safety-sensitive functions.

shall submit an annual report each (b) The issuance of 14 CFR parts 65, year.

91, 121, and 135 does not preempt provi- (2) Each entity conducting a drug sions of state criminal law that impose testing program under this part, other sanctions for reckless conduct of an in- than a part 121 certificate holder, that dividual that leads to actual loss of has 50 or more employees performing a life, injury, or damage to property safety-sensitive function on January 1 whether such provisions apply specifi- of any calendar year shall submit an cally to aviation employees or gen- annual report to the FAA for that cal- erally to the public.

endar year.

(3) The Administrator reserves the § 120.123 Drug testing outside the ter- right to require that aviation employ- ritory of the United States.

ers not otherwise required to submit (a) Except for those testing processes annual reports prepare and submit applicable to persons testing pursuant such reports to the FAA. Employers to § 120.1(d), no part of the testing proc- that will be required to submit annual ess (including specimen collection, lab- reports under this provision will be no- oratory processing, and MRO actions) tified in writing by the FAA.

shall be conducted outside the terri- (b) As an employer, you must use the tory of the United States.

Management Information System (1) Except for those persons testing (MIS) form and instructions as re- pursuant to § 120.1(d), each employee quired by 49 CFR part 40 (at 49 CFR who is assigned to perform safety-sen- 40.26 and appendix J to 49 CFR part 40).

sitive functions solely outside the ter- You may also use the electronic ritory of the United States shall be re- version of the MIS form provided by moved from the random testing pool DOT. The Administrator may des- upon the inception of such assignment.

ignate means (e.g., electronic program (2) Each covered employee who is re- transmitted via the Internet) other moved from the random testing pool than hard-copy, for MIS form submis- under this section shall be returned to sion. For information on where to sub- the random testing pool when the em- mit MIS forms and for the electronic ployee resumes the performance of version of the form, see: http:// safety-sensitive functions wholly or www.faa.gov/about/office _ org/head- partially within the territory of the quarters _ offices/avs/offices/aam/ United States.

drug _ alcohol.

(b) Except for those persons testing (c) A service agent may prepare the pursuant to § 120.1(d), the provisions of MIS report on behalf of an employer.

this subpart shall not apply to any in- However, a company official (e.g., Des- dividual who performs a function listed ignated Employer Representative as in § 120.105 by contract for an employer defined in 49 CFR part 40) must certify VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00076 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 120.211 outside the territory of the United requirements of the DOT agency regu- States. lations.

[Docket FAA–2008–0937, 74 FR 22653, May 14, § 120.205 Preemption of State and 2009, as amended by Docket FAA–2012–1058, local laws.

Amdt. 120–3, 89 FR 103449, Dec. 18, 2024] (a) Except as provided in paragraph § 120.125 Waivers from 49 CFR 40.21. (a)(2) of this section, these regulations preempt any State or local law, rule, An employer subject to this part may regulation, or order to the extent that: petition the Drug Abatement Division, (1) Compliance with both the State or Office of Aerospace Medicine, for a local requirement and this subpart is waiver allowing the employer to stand not possible; or down an employee following a report of (2) Compliance with the State or a laboratory confirmed positive drug local requirement is an obstacle to the test or refusal, pending the outcome of accomplishment and execution of any the verification process.

requirement in this subpart.

(a) Each petition for a waiver must (b) The alcohol testing requirements be in writing and include substantial of this title shall not be construed to facts and justification to support the preempt provisions of State criminal waiver. Each petition must satisfy the law that impose sanctions for reckless substantive requirements for obtaining conduct leading to actual loss of life, a waiver, as provided in 49 CFR 40.21.

injury, or damage to property, whether (b) Each petition for a waiver must the provisions apply specifically to be submitted to the Federal Aviation transportation employees or employers Administration, Office of Aerospace or to the general public.

Medicine, Drug Abatement Division (AAM–800), 800 Independence Avenue, § 120.207 Other requirements imposed SW., Washington, DC 20591.

by employers.

(c) The Administrator may grant a Except as expressly provided in these waiver subject to 49 CFR 40.21(d).

alcohol testing requirements, nothing in this subpart shall be construed to af- Subpart F—Alcohol Testing fect the authority of employers, or the Program Requirements rights of employees, with respect to the use or possession of alcohol, includ- § 120.201 Scope.

ing any authority and rights with re- This subpart contains the standards spect to alcohol testing and rehabilita- and components that must be included tion.

in an alcohol testing program required § 120.209 Requirement for notice.

by this part.

Before performing an alcohol test § 120.203 General.

under this subpart, each employer shall (a) Purpose. The purpose of this sub- notify a covered employee that the al- part is to establish programs designed cohol test is required by this subpart.

to help prevent accidents and injuries No employer shall falsely represent resulting from the misuse of alcohol by that a test is administered under this employees who perform safety-sen- subpart.

sitive functions in aviation.

§ 120.211 Applicable Federal regula- (b) Alcohol testing procedures. Each tions.

employer shall ensure that all alcohol testing conducted pursuant to this sub- The following applicable regulations part complies with the procedures set appear in 49 CFR and 14 CFR: forth in 49 CFR part 40. The provisions (a) 49 CFR Part 40—Procedures for of 49 CFR part 40 that address alcohol Transportation Workplace Drug Test- testing are made applicable to employ- ing Programs ers by this subpart. (b) 14 CFR: (c) Employer responsibility. As an em- (1) § 67.107—First-Class Airman Med- ployer, you are responsible for all ac- ical Certificate, Mental.

tions of your officials, representatives, (2) § 67.207—Second-Class Airman and service agents in carrying out the Medical Certificate, Mental.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00077 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 120.213 (3) § 67.307—Third-Class Airman Med- (1) You must conduct a pre-employ- ical Certificate, Mental. ment alcohol test before the first per- (4) § 91.147—Passenger carrying formance of safety-sensitive functions flights for compensation or hire. by every covered employee (whether a (5) § 135.1—Applicability new employee or someone who has transferred to a position involving the [Docket FAA–2008–0937, 74 FR 22653, May 14, performance of safety-sensitive func- 2009; Amdt. 120–0A, 75 FR 3154, Jan. 20, 2010] tions).

§ 120.213 [Reserved] (2) You must treat all safety-sen- sitive employees performing safety- § 120.215 Covered employees.

sensitive functions the same for the (a) Each employee, including any as- purpose of pre-employment alcohol sistant, helper, or individual in a train- testing ( i.e. , you must not test some ing status, who performs a safety-sen- covered employees and not others).

sitive function listed in this section di- (3) You must conduct the pre-employ- rectly or by contract (including by sub- ment tests after making a contingent contract at any tier) for an employer offer of employment or transfer, sub- as defined in this subpart must be sub- ject to the employee passing the pre- ject to alcohol testing under an alcohol employment alcohol test.

testing program implemented in ac- (4) You must conduct all pre-employ- cordance with this subpart. This in- ment alcohol tests using the alcohol cludes full-time, part-time, temporary, testing procedures of 49 CFR part 40.

and intermittent employees regardless (5) You must not allow a covered em- of the degree of supervision. The safe- ployee to begin performing safety-sen- ty-sensitive functions are: sitive functions unless the result of the (1) Flight crewmember duties.

employee’s test indicates an alcohol (2) Flight attendant duties.

concentration of less than 0.04. If a pre- (3) Flight instruction duties.

employment test result under this (4) Aircraft dispatcher duties.

paragraph indicates an alcohol con- (5) Aircraft maintenance or preven- centration of 0.02 or greater but less tive maintenance duties.

than 0.04, the provisions of § 120.221(f) (6) Ground security coordinator du- apply.

ties.

(b) Post-accident alcohol testing. (1) As (7) Aviation screening duties.

soon as practicable following an acci- (8) Air traffic control duties.

dent, each employer shall test each (9) Operations control specialist du- surviving covered employee for alcohol ties.

if that employee’s performance of a (b) Each employer must identify any safety-sensitive function either con- employee who is subject to the alcohol tributed to the accident or cannot be testing regulations of more than one completely discounted as a contrib- DOT agency. Prior to conducting any uting factor to the accident. The deci- alcohol test on a covered employee sion not to administer a test under this subject to the alcohol testing regula- section shall be based on the employ- tions of more than one DOT agency, er’s determination, using the best the employer must determine which available information at the time of DOT agency authorizes or requires the the determination, that the covered test.

employee’s performance could not have contributed to the accident.

[Docket FAA–2008–0937, 74 FR 22653, May 14, 2009, as amended by Amdt. 120–2, 79 FR 9973, (2) If a test required by this section is Feb. 21, 2014] not administered within 2 hours fol- lowing the accident, the employer shall § 120.217 Tests required.

prepare and maintain on file a record (a) Pre-employment alcohol testing. As stating the reasons the test was not an employer, you may, but are not re- promptly administered. If a test re- quired to, conduct pre-employment al- quired by this section is not adminis- cohol testing under this subpart. If you tered within 8 hours following the acci- choose to conduct pre-employment al- dent, the employer shall cease at- cohol testing, you must comply with tempts to administer an alcohol test the following requirements: and shall prepare and maintain the VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00078 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 120.217 same record. Records shall be sub- may lower this rate to 25 percent of all mitted to the FAA upon request of the covered employees if the Adminis- Administrator or his or her designee. trator determines that the data re- (3) A covered employee who is subject ceived under the reporting require- to post-accident testing shall remain ments of this subpart for two consecu- readily available for such testing or tive calendar years indicate that the may be deemed by the employer to violation rate is less than 1.0 percent have refused to submit to testing. but equal to or greater than 0.5 per- Nothing in this section shall be con- cent.

strued to require the delay of necessary (4)(i) When the minimum annual per- medical attention for injured people centage rate for random alcohol test- following an accident or to prohibit a ing is 10 percent, and the data received covered employee from leaving the under the reporting requirements of scene of an accident for the period nec- this subpart for that calendar year in- essary to obtain assistance in respond- dicate that the violation rate is equal ing to the accident or to obtain nec- to or greater than 0.5 percent but less essary emergency medical care. than 1.0 percent, the Administrator (c) Random alcohol testing. (1) Except will increase the minimum annual per- as provided in paragraphs (c)(2) centage rate for random alcohol test- through (c)(4) of this section, the min- ing to 25 percent of all covered employ- imum annual percentage rate for ran- ees.

dom alcohol testing will be 25 percent (ii) When the minimum annual per- of the covered employees. centage rate for random alcohol test- (2) The Administrator’s decision to ing is 25 percent or less, and the data increase or decrease the minimum an- received under the reporting require- nual percentage rate for random alco- ments of this subpart for that calendar hol testing is based on the violation year indicate that the violation rate is rate for the entire industry. All infor- equal to or greater than 1.0 percent, mation used for this determination is the Administrator will increase the drawn from MIS reports required by minimum annual percentage rate for this subpart. In order to ensure reli- random alcohol testing to 50 percent of ability of the data, the Administrator all covered employees.

considers the quality and completeness (5) The selection of employees for of the reported data, may obtain addi- random alcohol testing shall be made tional information or reports from em- by a scientifically valid method, such ployers, and may make appropriate as a random-number table or a com- modifications in calculating the indus- puter-based random number generator try violation rate. Each year, the Ad- that is matched with employees’ Social ministrator will publish in the F ED - Security numbers, payroll identifica- ERAL R EGISTER the minimum annual tion numbers, or other comparable percentage rate for random alcohol identifying numbers. Under the selec- testing of covered employees. The new tion process used, each covered em- minimum annual percentage rate for ployee shall have an equal chance of random alcohol testing will be applica- being tested each time selections are ble starting January 1 of the calendar made.

year following publication. (6) As an employer, you must select (3)(i) When the minimum annual per- and test a percentage of employees at centage rate for random alcohol test- least equal to the minimum annual ing is 25 percent or more, the Adminis- percentage rate each year.

trator may lower this rate to 10 per- (i) As an employer, to determine cent of all covered employees if the Ad- whether you have met the minimum ministrator determines that the data annual percentage rate, you must di- received under the reporting require- vide the number of random alcohol ments of this subpart for two consecu- screening test results for safety-sen- tive calendar years indicate that the sitive employees by the average num- violation rate is less than 0.5 percent. ber of safety-sensitive employees eligi- (ii) When the minimum annual per- ble for random testing.

centage rate for random alcohol test- (A) To calculate whether you have ing is 50 percent, the Administrator met the annual minimum percentage VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00079 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 120.217 rate, count all random screening test this subpart are unannounced and that results below 0.02 breath alcohol con- the dates for administering random centration, random screening test re- tests are spread reasonably throughout sults of 0.02 or greater breath alcohol the calendar year.

concentration, and random refusals as (8) Each employer shall require that your ‘‘random alcohol screening test each covered employee who is notified results.’’ of selection for random testing pro- (B) To calculate the average number ceeds to the testing site immediately; of safety-sensitive employees eligible provided, however, that if the employee for random testing throughout the is performing a safety-sensitive func- year, add the total number of safety- tion at the time of the notification, the sensitive employees eligible for testing employer shall instead ensure that the during each random testing period for employee ceases to perform the safety- the year and divide that total by the sensitive function and proceeds to the number of random testing periods. testing site as soon as possible.

Only safety-sensitive employees are to (9) A covered employee shall only be be in an employer’s random testing randomly tested while the employee is pool, and all safety-sensitive employ- performing safety-sensitive functions; ees must be in the random pool. If you just before the employee is to perform are an employer conducting random safety-sensitive functions; or just after testing more often than once per the employee has ceased performing month (e.g., you select daily, weekly, such functions.

bi-weekly) you do not need to compute (10) If a given covered employee is this total number of safety-sensitive subject to random alcohol testing employees more than on a once per under the alcohol testing rules of more month basis. than one DOT agency, the employee (ii) As an employer, you may use a shall be subject to random alcohol test- service agent to perform random selec- ing at the percentage rate established tions for you, and your safety-sensitive for the calendar year by the DOT agen- employees may be part of a larger ran- cy regulating more than 50 percent of dom testing pool of safety-sensitive the employee’s functions.

employees. However, you must ensure (11) If an employer is required to con- that the service agent you use is test- duct random alcohol testing under the ing at the appropriate percentage es- alcohol testing rules of more than one tablished for your industry and that DOT agency, the employer may— only safety-sensitive employees are in (i) Establish separate pools for ran- the random testing pool. For example: dom selection, with each pool con- (A) If the service agent has your em- taining the covered employees who are ployees in a random testing pool for subject to testing at the same required your company alone, you must ensure rate; or that the testing is conducted at least (ii) Randomly select such employees at the minimum annual percentage for testing at the highest percentage rate under this part. rate established for the calendar year (B) If the service agent has your em- by any DOT agency to which the em- ployees in a random testing pool com- ployer is subject.

bined with other FAA-regulated com- (d) Reasonable suspicion alcohol test- panies, you must ensure that the test- ing. (1) An employer shall require a ing is conducted at least at the min- covered employee to submit to an alco- imum annual percentage rate under hol test when the employer has reason- this part. able suspicion to believe that the em- (C) If the service agent has your em- ployee has violated the alcohol misuse ployees in a random testing pool com- prohibitions in §§ 120.19 or 120.37.

bined with other DOT-regulated com- (2) The employer’s determination panies, you must ensure that the test- that reasonable suspicion exists to re- ing is conducted at least at the highest quire the covered employee to undergo rate required for any DOT-regulated an alcohol test shall be based on spe- company in the pool. cific, contemporaneous, articulable ob- (7) Each employer shall ensure that servations concerning the appearance, random alcohol tests conducted under behavior, speech or body odors of the VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00080 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 120.217 employee. The required observations sonable suspicion that the employee shall be made by a supervisor who is has violated the alcohol misuse provi- trained in detecting the symptoms of sions in §§ 120.19 or 120.37.

alcohol misuse. The supervisor who (iii) No employer shall take any ac- makes the determination that reason- tion under this subpart against a cov- able suspicion exists shall not conduct ered employee based solely on the em- the breath alcohol test on that em- ployee’s behavior and appearance in ployee.

the absence of an alcohol test. This (3) Alcohol testing is authorized by does not prohibit an employer with au- this section only if the observations re- thority independent of this subpart quired by paragraph (d)(2) of this sec- from taking any action otherwise con- tion are made during, just preceding, sistent with law.

or just after the period of the work day (e) Return-to-duty alcohol testing.

that the covered employee is required Each employer shall ensure that before to be in compliance with this rule. An a covered employee returns to duty re- employee may be directed by the em- quiring the performance of a safety- ployer to undergo reasonable suspicion sensitive function after engaging in testing for alcohol only while the em- conduct prohibited in §§ 120.19 or 120.37 ployee is performing safety-sensitive the employee shall undergo a return- functions; just before the employee is to-duty alcohol test with a result indi- to perform safety-sensitive functions; cating an alcohol concentration of less or just after the employee has ceased than 0.02. The test cannot occur until performing such functions.

after the SAP has determined that the (4)(i) If a test required by this section employee has successfully complied is not administered within 2 hours fol- with the prescribed education and/or lowing the determination made under treatment.

paragraph (d)(2) of this section, the em- (f) Follow-up alcohol testing. (1) Each ployer shall prepare and maintain on employer shall ensure that the em- file a record stating the reasons the ployee who engages in conduct prohib- test was not promptly administered. If ited by §§ 120.19 or 120.37, is subject to a test required by this section is not unannounced follow-up alcohol testing administered within 8 hours following as directed by a SAP.

the determination made under para- (2) The number and frequency of such graph (d)(2) of this section, the em- testing shall be determined by the em- ployer shall cease attempts to admin- ployer’s SAP, but must consist of at ister an alcohol test and shall state in least six tests in the first 12 months the record the reasons for not admin- following the employee’s return to istering the test.

duty.

(ii) Notwithstanding the absence of a (3) The employer must direct the em- reasonable suspicion alcohol test under ployee to undergo testing for drugs in this section, no covered employee shall accordance with subpart E of this part, report for duty or remain on duty re- in addition to alcohol, if the SAP de- quiring the performance of safety-sen- termines that drug testing is necessary sitive functions while the employee is for the particular employee. Any such under the influence of, or impaired by, drug testing shall be conducted in ac- alcohol, as shown by the behavioral, cordance with the provisions of 49 CFR speech, or performance indicators of al- part 40.

cohol misuse, nor shall an employer (4) Follow-up testing shall not exceed permit the covered employee to per- 60 months after the date the individual form or continue to perform safety-sen- begins to perform, or returns to the sitive functions until: performance of, a safety-sensitive func- (A) An alcohol test is administered tion. The SAP may terminate the re- and the employee’s alcohol concentra- quirement for follow-up testing at any tion measures less than 0.02; or time after the first six tests have been (B) The start of the employee’s next conducted, if the SAP determines that regularly scheduled duty period, but such testing is no longer necessary.

not less than 8 hours following the de- termination made under paragraph (5) A covered employee shall be test- (d)(2) of this section that there is rea- ed for alcohol under this section only VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00081 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 120.219 while the employee is performing safe- of a covered employee to provide ade- ty-sensitive functions, just before the quate breath for testing.

employee is to perform safety-sensitive (E) Materials on alcohol misuse functions, or just after the employee awareness, including a copy of the em- has ceased performing such functions.

ployer’s policy on alcohol misuse.

(g) Retesting of covered employees with (F) Documentation of compliance an alcohol concentration of 0.02 or greater with the requirements of § 120.223(a).

but less than 0.04. Each employer shall (G) Documentation of training pro- retest a covered employee to ensure vided to supervisors for the purpose of compliance with the provisions of qualifying the supervisors to make a § 120.221(f) if the employer chooses to determination concerning the need for permit the employee to perform a safe- alcohol testing based on reasonable ty-sensitive function within 8 hours suspicion.

following the administration of an al- (H) Certification that any training cohol test indicating an alcohol con- conducted under this subpart complies centration of 0.02 or greater but less with the requirements for such train- than 0.04.

ing.

(b) Annual reports. (1) Annual reports § 120.219 Handling of test results, of alcohol testing program results record retention, and confiden- must be submitted to the FAA by tiality.

March 15 of the succeeding calendar (a) Retention of records. (1) General re- year for the prior calendar year (Janu- quirement. In addition to the records re- ary 1 through December 31) in accord- quired to be maintained under 49 CFR ance with the provisions of paragraphs part 40, employers must maintain (b)(1)(i) through (iii) of this section.

records required by this subpart in a (i) Each part 121 certificate holder secure location with controlled access.

shall submit an annual report each (2) Period of retention.

year.

(i) Five years.

(ii) Each entity conducting an alco- (A) Copies of any annual reports sub- hol testing program under this part, mitted to the FAA under this subpart other than a part 121 certificate holder, for a minimum of 5 years.

that has 50 or more employees per- (B) Records of notifications to the forming a safety-sensitive function on Federal Air Surgeon of refusals to sub- January 1 of any calendar year shall mit to testing and violations of the al- submit an annual report to the FAA for cohol misuse prohibitions in this chap- that calendar year.

ter by covered employees who hold (iii) The Administrator reserves the medical certificates issued under part right to require that aviation employ- 67 of this chapter.

ers not otherwise required to submit (C) Documents presented by a cov- annual reports prepare and submit ered employee to dispute the result of such reports to the FAA. Employers an alcohol test administered under this that will be required to submit annual subpart.

reports under this provision will be no- (D) Records related to other viola- tified in writing by the FAA.

tions of §§ 120.19 or 120.37.

(2) As an employer, you must use the (ii) Two years. Records related to the Management Information System testing process and training required (MIS) form and instructions as re- under this subpart.

quired by 49 CFR part 40 (at 49 CFR (A) Documents related to the random 40.26 and appendix J to 49 CFR part 40).

selection process.

You may also use the electronic (B) Documents generated in connec- version of the MIS form provided by tion with decisions to administer rea- the DOT. The Administrator may des- sonable suspicion alcohol tests.

ignate means (e.g., electronic program (C) Documents generated in connec- transmitted via the Internet) other tion with decisions on post-accident than hard-copy, for MIS form submis- tests.

sion. For information on where to sub- (D) Documents verifying existence of mit MIS forms and for the electronic a medical explanation of the inability version of the form, see: http:// VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00082 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 120.221 www.faa.gov/about/office _ org/head- ployer the safety-sensitive duties the quarters _ offices/avs/offices/aam/ employee performed before such viola- drug _ alcohol/. tion.

(3) A service agent may prepare the (2) An employee who engages in alco- MIS report on behalf of an employer.

hol use that violates another alcohol However, a company official (e.g., Des- misuse provision of §§ 120.19 or 120.37, ignated Employer Representative as and who had previously engaged in al- defined in 49 CFR part 40) must certify cohol use that violated the provisions the accuracy and completeness of the of §§ 120.19 or 120.37 after becoming sub- MIS report, no matter who prepares it.

ject to such prohibitions, is perma- (c) Access to records and facilities. (1) nently precluded from performing for Except as required by law or expressly an employer the safety-sensitive duties authorized or required in this subpart, the employee performed before such no employer shall release covered em- violation.

ployee information that is contained in (c) Notice to the Federal Air Surgeon.

records required to be maintained (1) An employer who determines that a under this subpart.

covered employee who holds an airman (2) A covered employee is entitled, medical certificate issued under part 67 upon written request, to obtain copies of this chapter has engaged in alcohol of any records pertaining to the em- use that violated the alcohol misuse ployee’s use of alcohol, including any provisions of §§ 120.19 or 120.37 shall no- records pertaining to his or her alcohol tify the Federal Air Surgeon within 2 tests in accordance with 49 CFR part working days.

40. The employer shall promptly pro- (2) Each such employer shall forward vide the records requested by the em- to the Federal Air Surgeon a copy of ployee. Access to an employee’s records the report of any evaluation performed shall not be contingent upon payment under the provisions of § 120.223(c) with- for records other than those specifi- in 2 working days of the employer’s re- cally requested.

ceipt of the report.

(3) Each employer shall permit access (3) All documents must be sent to the to all facilities utilized in complying Federal Air Surgeon, Federal Aviation with the requirements of this subpart Administration, Office of Aerospace to the Secretary of Transportation or Medicine, Attn: Drug Abatement Divi- any DOT agency with regulatory au- sion (AAM–800), 800 Independence Ave- thority over the employer or any of its nue, SW., Washington, DC 20591.

covered employees.

(4) No covered employee who is re- [Docket FAA–2008–0937, 74 FR 22653, May 14, quired to hold an airman medical cer- 2009, as amended by Docket DOT–OST–2021– tificate in order to perform a safety- 0093, 88 FR 27636, May 2, 2023] sensitive duty may perform that duty following a violation of this subpart § 120.221 Consequences for employees engaging in alcohol-related con- until the covered employee obtains an duct.

airman medical certificate issued by the Federal Air Surgeon dated after (a) Removal from safety-sensitive func- the alcohol test result or refusal to tion. (1) Except as provided in 49 CFR test date. After the covered employee part 40, no covered employee shall per- obtains this airman medical certifi- form safety-sensitive functions if the cate, the SAP may recommend to the employee has engaged in conduct pro- employer that the covered employee hibited by §§ 120.19 or 120.37, or an alco- may be returned to a safety-sensitive hol misuse rule of another DOT agency.

position. The receipt of an airman med- (2) No employer shall permit any cov- ical certificate does not alter any obli- ered employee to perform safety-sen- gations otherwise required by 49 CFR sitive functions if the employer has de- part 40 or this subpart.

termined that the employee has vio- lated this section. (5) Once the Federal Air Surgeon has (b) Permanent disqualification from recommended under paragraph (c)(4) of service. (1) An employee who violates this section that the employee be per- §§ 120.19(c) or 120.37(c) is permanently mitted to perform safety-sensitive du- precluded from performing for an em- ties, the employer cannot permit the VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00083 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 120.223 employee to perform those safety-sen- § 120.223 Alcohol misuse information, sitive duties until the employer has en- training, and substance abuse pro- fessionals.

sured that the employee meets the re- turn to duty requirements in accord- (a) Employer obligation to promulgate a ance with 49 CFR part 40.

policy on the misuse of alcohol. (1) Gen- (d) Notice of refusals. Each covered eral requirements. Each employer shall employer must notify the FAA within 2 provide educational materials that ex- working days of any covered employee plain these alcohol testing require- who holds a certificate issued under ments and the employer’s policies and part 61, part 63, or part 65 of this chap- procedures with respect to meeting ter who has refused to submit to an al- those requirements.

cohol test required under this subpart.

(i) The employer shall ensure that a Notification must be sent to: Federal copy of these materials is distributed Aviation Administration, Office of to each covered employee prior to the Aerospace Medicine, Drug Abatement start of alcohol testing under the em- Division (AAM–800), 800 Independence ployer’s FAA-mandated alcohol testing Avenue, SW., Washington, DC 20591, or program and to each individual subse- by fax to (202) 267–5200.

quently hired for or transferred to a (e) Required evaluation and alcohol covered position.

testing. No covered employee who has (ii) Each employer shall provide writ- engaged in conduct prohibited by ten notice to representatives of em- §§ 120.19 or 120.37 shall perform safety- ployee organizations of the availability sensitive functions unless the em- of this information.

ployee has met the requirements of 49 CFR part 40. No employer shall permit (2) Required content. The materials to a covered employee who has engaged in be made available to employees shall such conduct to perform safety-sen- include detailed discussion of at least sitive functions unless the employee the following: has met the requirements of 49 CFR (i) The identity of the individual des- part 40.

ignated by the employer to answer em- (f) Other alcohol-related conduct. (1) ployee questions about the materials.

No covered employee tested under this (ii) The categories of employees who subpart who is found to have an alco- are subject to the provisions of these hol concentration of 0.02 or greater but alcohol testing requirements.

less than 0.04 shall perform or continue (iii) Sufficient information about the to perform safety-sensitive functions safety-sensitive functions performed by for an employer, nor shall an employer those employees to make clear what permit the employee to perform or con- period of the work day the covered em- tinue to perform safety-sensitive func- ployee is required to be in compliance tions, until: with these alcohol testing require- (i) The employee’s alcohol concentra- ments.

tion measures less than 0.02; or (iv) Specific information concerning (ii) The start of the employee’s next employee conduct that is prohibited by regularly scheduled duty period, but this chapter.

not less than 8 hours following admin- (v) The circumstances under which a istration of the test.

covered employee will be tested for al- (2) Except as provided in paragraph cohol under this subpart.

(f)(1) of this section, no employer shall (vi) The procedures that will be used take any action under this rule against to test for the presence of alcohol, pro- an employee based solely on test re- sults showing an alcohol concentration tect the employee and the integrity of less than 0.04. This does not prohibit an the breath testing process, safeguard employer with authority independent the validity of the test results, and en- of this rule from taking any action sure that those results are attributed otherwise consistent with law. to the correct employee.

(vii) The requirement that a covered [Docket FAA–2008–0937, 74 FR 22653, May 14, employee submit to alcohol tests ad- 2009, as amended by Amdt. 120–1, 78 FR 42004, ministered in accordance with this sub- July 15, 2013; Docket DOT–OST–2021–0093, 88 FR 27636, May 2, 2023] part.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00084 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 120.225 (viii) An explanation of what con- your company must obtain an Anti- stitutes a refusal to submit to an alco- drug and Alcohol Misuse Prevention hol test and the attendant con- Program Operations Specification, Let- sequences.

ter of Authorization, or Drug and Alco- (ix) The consequences for covered hol Testing Program Registration from employees found to have violated the the FAA: prohibitions in this chapter, including If you are . . . You must . . .

the requirement that the employee be removed immediately from performing (1) A part 119 cer- Obtain an Antidrug and Alcohol Misuse safety-sensitive functions, and the tificate holder with Prevention Program Operations process in 49 CFR part 40, subpart O. authority to oper- Specification by contacting your FAA ate under part Principal Operations Inspector.

(x) The consequences for covered em- 121 or 135.

ployees found to have an alcohol con- (2) An operator as Obtain a Letter of Authorization by con- centration of 0.02 or greater but less defined in tacting the Flight Standards District than 0.04. § 91.147 of this Office nearest to your principal place chapter. of business.

(xi) Information concerning the ef- (3) A part 119 cer- Complete the requirements in para- fects of alcohol misuse on an individ- tificate holder with graphs 1 and 2 of this chart and ad- ual’s health, work, and personal life; authority to oper- vise the Flight Standards District Of- signs and symptoms of an alcohol prob- ate under part fice and Drug Abatement Division 121 or part 135 that the § 91.147 operation will be in- lem; available methods of evaluating and an operator cluded under the part 119 testing and resolving problems associated with as defined in program. Contact Drug Abatement the misuse of alcohol; and intervening § 91.147 of this Division at FAA, Office of Aerospace chapter. Medicine, Drug Abatement Division when an alcohol problem is suspected, (AAM–800), 800 Independence Ave- including confrontation, referral to nue SW., Washington, DC 20591.

any available employee assistance pro- (4) An air traffic Register with the FAA, Office of Aero- gram, and/or referral to management. control facility not space Medicine, Drug Abatement Di- operated by the vision (AAM–800), 800 Independ- (xii) Optional provisions. The mate- FAA or by or ence Avenue SW., Washington, DC rials supplied to covered employees under contract to 20591.

may also include information on addi- the U.S. Military.

tional employer policies with respect (5) A part 145 cer- Obtain an Antidrug and Alcohol Misuse tificate holder lo- Prevention Program Operations to the use or possession of alcohol, in- cated inside the Specification by contacting your Prin- cluding any consequences for an em- territory of the cipal Maintenance Inspector or reg- ployee found to have a specified alco- United States ister with the FAA Office of Aero- who has your space Medicine, Drug Abatement Di- hol level, that are based on the employ- own alcohol test- vision (AAM–800), 800 Independ- er’s authority independent of this sub- ing program. ence Avenue SW, Washington, DC part. Any such additional policies or 20591, if you opt to conduct your consequences must be clearly and obvi- own alcohol testing program.

(6) A part 145 cer- Obtain an Antidrug and Alcohol Misuse ously described as being based on inde- tificate holder lo- Prevention Program Operations pendent authority.

cated outside the Specification by contacting your Prin- (b) Training for supervisors. Each em- territory of the cipal Maintenance Inspector.

ployer shall ensure that persons des- United States who performs ignated to determine whether reason- safety-sensitive able suspicion exists to require a cov- maintenance ered employee to undergo alcohol test- functions on part 121 air carrier air- ing under § 120.217(d) of this subpart re- craft, unless you ceive at least 60 minutes of training on have received the physical, behavioral, speech, and recognition pursu- performance indicators of probable al- ant to § 120.10.

(7) A contractor Register with the FAA, Office of Aero- cohol misuse.

who has your space Medicine, Drug Abatement Di- (c) Substance abuse professional (SAP) own alcohol test- vision (AAM–800), 800 Independ- duties. The SAP must perform the func- ing program. ence Avenue SW., Washington, DC tions set forth in 49 CFR part 40, sub- 20591, if you opt to conduct your own alcohol testing program.

part O, and this subpart.

§ 120.225 How to implement an alcohol (b) Use the following chart for imple- testing program.

menting an alcohol testing program if you are applying for a part 119 certifi- (a) Each company must meet the re- cate with authority to operate under quirements of this subpart. Use the fol- part 121 or part 135 of this chapter, if lowing chart to determine whether VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00085 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 120.225 you intend to begin operations as de- If you . . . You must . . .

fined in § 91.147 of this chapter, or if (3) Apply for a part (i) Have an Antidrug and Alcohol Mis- you intend to begin air traffic control 119 certificate use Prevention Program Operations with authority to Specification and a Letter of Author- operations (not operated by the FAA or operate under ization, by or under contract to the U.S. Mili- parts 121 or 135 (ii) Implement your combined FAA al- tary). Use it to determine whether you and intend to cohol testing program no later than begin operations the date you start operations, and need to have an Antidrug and Alcohol as defined in Misuse Prevention Program Operations § 91.147 of this Specification, Letter of Authorization, chapter.

(iii) Meet the requirements of this sub- or Drug and Alcohol Testing Program part.

Registration from the FAA. Your em- (4) Intend to begin (i) Register with the FAA, Office of ployees who perform safety-sensitive air traffic control Aerospace Medicine, Drug Abate- operations (at an ment Division (AAM–800), 800 Inde- duties must be tested in accordance air traffic control pendence Avenue SW., Washington, with this subpart. The chart follows: facility not oper- DC 20591, prior to starting oper- ated by the FAA ations, If you . . . You must . . .

or by or under contract to the (1) Apply for a part (i) Have an Antidrug and Alcohol Mis- U.S. military).

119 certificate use Prevention Program Operations (ii) Implement an FAA alcohol testing with authority to Specification, program no later than the date you operate under start operations, and parts 121 or 135.

(iii) Meet the requirements of this sub- (ii) Implement an FAA alcohol testing part.

program no later than the date you start operations, and (c) If you are an individual or com- (iii) Meet the requirements of this sub- pany that intends to provide safety- part.

(2) Intend to begin (i) Have a Letter of Authorization, sensitive services by contract to a part operations as de- (ii) Implement an FAA alcohol testing 119 certificate holder with authority to fined in § 91.147 program no later than the date you operate under part 121 and/or part 135 of this chapter. start operations, and of this chapter, or an operator as de- (iii) Meet the requirements of this sub- part.

fined in § 91.147 of this chapter, use the following chart to determine what you must do if you opt to have your own drug testing program.

If you are . . . You must . . .

(1) A part 145 certificate holder located inside the territory of (i) Have an Antidrug and Alcohol Misuse Prevention Program the United States and opt to conduct your own program Operations Specifications or register with the FAA, Office of under this part. Aerospace Medicine, Drug Abatement Division (AAM–800), 800 Independence Avenue SW, Washington, DC 20591, (ii) Implement an FAA alcohol testing program no later than the date you start performing safety-sensitive functions for a part 119 certificate holder with the authority to operate under parts 121 and/or 135, or operator as defined in § 91.147 of this chapter, and (iii) Meet the requirements of this subpart as if you were an employer.

(2) A part 145 certificate holder located outside of the territory (i) Obtain an Antidrug and Alcohol Misuse Prevention Program of the United States who performs maintenance functions on Operations Specification by contacting your Principal Mainte- part 121 air carrier aircraft, unless you have received rec- nance Inspector.

ognition pursuant to § 120.10. (ii) Implement an alcohol testing program acceptable to the Ad- ministrator no later than December 20, 2027, and (iii) Meet the requirements of this subpart as if you were an employer in accordance with any applicable waivers or ex- emptions.

(3) A contractor ............................................................................ (i) Register with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM–800), 800 Independence Avenue SW, Washington, DC 20591, (ii) Implement an FAA alcohol 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 and/or 135, or operator as defined in § 91.147 of this chapter, and (iii) Meet the requirements of this subpart as if you were an employer.

VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00086 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR Federal Aviation Administration, DOT § 120.225 (d) To obtain an antidrug and alcohol (v) Whether you have 50 or more cov- misuse prevention program operations ered employees, or 49 or fewer covered specification: employees.

(vi) A signed statement indicating (1) You must contact your FAA Prin- that your company will comply with cipal Operations Inspector or Principal this part and 49 CFR part 40.

Maintenance Inspector. Provide him/ (2) This Letter of Authorization will her with the following information: satisfy the requirements for both your (i) Company name.

drug testing program under subpart E (ii) Certificate number.

of this part and your alcohol testing (iii) Telephone number.

program under this subpart.

(iv) Address where your drug and al- (3) Update the Letter of Authoriza- cohol testing program records are kept.

tion information as changes occur.

(v) Whether you have 50 or more cov- Send the updates to the Flight Stand- ered employees, or 49 or fewer covered ards District Office nearest your prin- employees. (Part 119 certificate holders cipal place of business.

with authority to operate only under (4) If you are a part 119 certificate part 121 of this chapter are not re- holder with authority to operate under quired to provide this information.)

part 121 or part 135 and intend to begin (2) You must certify on your Anti- operations as defined in § 91.147 of this drug and Alcohol Misuse Prevention chapter, you must also advise the Fed- Program Operations Specification, eral Aviation Administration, Office of issued by your FAA Principal Oper- Aerospace Medicine, Drug Abatement ations Inspector or Principal Mainte- Division (AAM–800), 800 Independence nance Inspector, that you will comply Avenue SW., Washington, DC 20591.

with this part and 49 CFR part 40. (f) Obtaining a Drug and Alcohol Test- ing Program Registration from the FAA.

(3) You are required to obtain only (1) Except as provided in paragraphs (d) one Antidrug and Alcohol Misuse Pre- and (e) of this section, to obtain a Drug vention Program Operations Specifica- and Alcohol Testing Program Registra- tion to satisfy this requirement under tion from the FAA you must submit this part.

the following information to the Office (4) You must update the Antidrug of Aerospace Medicine, Drug Abate- and Alcohol Misuse Prevention Pro- ment Division: gram Operations Specification when (i) Company name.

any changes to the information con- (ii) Telephone number.

tained in the Operation Specification (iii) Address where your drug and al- occur.

cohol testing program records are kept.

(e) Register your Drug and Alcohol (iv) Type of safety-sensitive func- Testing Program by obtaining a Letter of tions you or your employees perform Authorization from the FAA in accord- (such as flight instruction duties, air- ance with § 91.147. (1) A drug and alcohol craft dispatcher duties, maintenance or testing program is considered reg- preventive maintenance duties, ground istered when the following information security coordinator duties, aviation is submitted to the Flight Standards screening duties, air traffic control du- District Office nearest your principal ties).

place of business: (v) Whether you have 50 or more cov- (i) Company name.

ered employees, or 49 or fewer covered (ii) Telephone number.

employees.

(iii) Address where your drug and al- (vi) A signed statement indicating cohol testing program records are kept.

that: your company will comply with (iv) Type of safety-sensitive func- this part and 49 CFR part 40; and you tions you or your employees perform intend to provide safety-sensitive func- (such as flight instruction duties, air- tions by contract (including sub- craft dispatcher duties, maintenance or contract at any tier) to a part 119 cer- preventive maintenance duties, ground tificate holder with authority to oper- security coordinator duties, aviation ate under part 121 or part 135 of this screening duties, air traffic control du- chapter, an operator as defined in ties). § 91.147 of this chapter, or an air traffic VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00087 Fmt 8010 Sfmt 8010 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR 14 CFR Ch. I (1–1–26 Edition) § 120.227 control facility not operated by the (1) Except for those persons testing FAA or by or under contract to the pursuant to § 120.1(d), each covered em- U.S. military. ployee who is assigned to perform safe- (2) Send this information to the Fed- ty-sensitive functions solely outside eral Aviation Administration, Office of the territory of the United States shall Aerospace Medicine, Drug Abatement be removed from the random testing Division (AAM–800), 800 Independence pool upon the inception of such assign- Avenue SW., Washington, DC 20591. ment.

(3) This Drug and Alcohol Testing (2) Each covered employee who is re- Program Registration will satisfy the moved from the random testing pool registration requirements for both under this paragraph shall be returned your drug testing program under sub- to the random testing pool when the part E of this part and your alcohol employee resumes the performance of testing program under this subpart. safety-sensitive functions wholly or partially within the territory of the (4) Update the registration informa- United States.

tion as changes occur. Send the up- (b) Except for those persons testing dates to the address specified in para- pursuant to § 120.1(d), the provisions of graph (f)(2) of this section.

this subpart shall not apply to any per- [Docket FAA–2008–0937, 74 FR 22653, May 14, son who performs a safety-sensitive 2009; Amdt. 120–0A, 75 FR 3154, Jan. 20, 2010, function by contract for an employer as amended by Amdt. 120–1, 78 FR 42005, July outside the territory of the United 15, 2013; Docket FAA–2012–1058, Amdt. 120–3, States.

89 FR 103449, Dec. 18, 2024] E FFECTIVE D ATE N OTE : By Docket FAA– [Docket FAA–2008–0937, 74 FR 22653, May 14, 2012–1058, Amdt. 120–3, 89 FR 103450, Dec. 18, 2009, as amended by Docket FAA–2012–1058, 2024, § 120.225 was further amended by revis- Amdt. 120–3, 89 FR 103450, Dec. 18, 2024] ing paragraph (c)(2), effective Dec. 20, 2027.

For the convenience of the user, the revised PART 121—OPERATING REQUIRE- text is set forth as follows: MENTS: DOMESTIC, FLAG, AND § 120.225 How to implement an alcohol test- SUPPLEMENTAL OPERATIONS ing program.

S PECIAL F EDERAL A VIATION R EGULATION N O .

* * * * * 50–2 [N OTE ] S PECIAL F EDERAL A VIATION R EGULATION N O .

(c) * * * 71 [N OTE ] If you are . . . You must . . .

S PECIAL F EDERAL A VIATION R EGULATION N O .

97 [N OTE ] * * * * * * * Subpart A—General (2) A part 145 cer- (i) Obtain an Antidrug and Alcohol Mis- tificate holder lo- use Prevention Program Operations Sec.

cated outside of Specification by contacting your Prin- 121.1 Applicability.

the territory of the cipal Maintenance Inspector.

121.2 Compliance schedule for operators United States (ii) Implement an alcohol testing pro- who performs gram acceptable to the Adminis- that transition to part 121; certain new maintenance trator, and entrant operators.

functions on part (iii) Meet the requirements of this sub- 121.4 Applicability of rules to unauthorized 121 air carrier air- part as if you were an employer in operators.

craft, unless you accordance with any applicable 121.7 Definitions.

have received waivers or exemptions.

121.9 [Reserved] recognition pursu- ant to § 120.10. 121.11 Rules applicable to operations in a foreign country.

* * * * * * * 121.15 Carriage of narcotic drugs, mari- huana, and depressant or stimulant drugs or substances.

§ 120.227 Employees located outside the U.S.

Subpart B—Certification Rules for Domestic (a) Except for those persons testing and Flag Air Carriers [ Reserved ] pursuant to § 120.1(d), no covered em- ployee shall be tested for alcohol mis- Subpart C—Certification Rules for Supple- use while located outside the territory mental Air Carriers and Commercial of the United States. Operators [ Reserved ] VerDate Sep<11>2014 10:01 Aug 27, 2026 Jkt 268049 PO 00000 Frm 00088 Fmt 8010 Sfmt 8006 Y:\SGML\268049.XXX 268049 jgilmore on DSK4WB1RN3PROD with CFR