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14 CFR Ch. I (1–1–19 Edition) 

§ 120.111 

based on a reasonable and articulable 
belief that the employee is using a pro-
hibited drug on the basis of specific 
contemporaneous physical, behavioral, 
or performance indicators of probable 
drug use. At least two of the employ-
ee’s supervisors, one of whom is trained 
in detection of the symptoms of pos-
sible drug use, must substantiate and 
concur in the decision to test an em-
ployee who is reasonably suspected of 
drug use; except that in the case of an 
employer, other than a part 121 certifi-
cate holder, who employs 50 or fewer 
employees who perform safety-sen-
sitive functions, one supervisor who is 
trained in detection of symptoms of 
possible drug use must substantiate 
the decision to test an employee who is 
reasonably suspected of drug use. 

(e) 

Return to duty drug testing. 

Each 

employer shall ensure that before an 
individual is returned to duty to per-
form a safety-sensitive function after 
refusing to submit to a drug test re-
quired by this subpart or receiving a 
verified positive drug test result on a 
test conducted under this subpart the 
individual shall undergo a return-to- 
duty drug test. No employer shall 
allow an individual required to undergo 
return-to-duty testing to perform a 
safety-sensitive function unless the 
employer has received a verified nega-
tive drug test result for the individual. 
The test cannot occur until after the 
SAP has determined that the employee 
has successfully complied with the pre-
scribed education and/or treatment. 

(f) 

Follow-up drug testing. 

(1) Each 

employer shall implement a reasonable 
program of unannounced testing of 
each individual who has been hired to 
perform or who has been returned to 
the performance of a safety-sensitive 
function after refusing to submit to a 
drug test required by this subpart or 
receiving a verified positive drug test 
result on a test conducted under this 
subpart. 

(2) The number and frequency of such 

testing shall be determined by the em-
ployer’s Substance Abuse Professional 
conducted in accordance with the pro-
visions of 49 CFR part 40, but shall con-
sist of at least six tests in the first 12 
months following the employee’s re-
turn to duty. 

(3) The employer must direct the em-

ployee to undergo testing for alcohol in 
accordance with subpart F of this part, 
in addition to drugs, if the Substance 
Abuse Professional determines that al-
cohol testing is necessary for the par-
ticular employee. Any such alcohol 
testing shall be conducted in accord-
ance with the provisions of 49 CFR part 
40. 

(4) Follow-up testing shall not exceed 

60 months after the date the individual 
begins to perform or returns to the per-
formance of a safety-sensitive func-
tion. The Substance Abuse Professional 
may terminate the requirement for fol-
low-up testing at any time after the 
first six tests have been conducted, if 
the Substance Abuse Professional de-
termines that such testing is no longer 
necessary. 

§ 120.111

Administrative and other 

matters. 

(a) 

MRO record retention requirements. 

(1) Records concerning drug tests con-
firmed positive by the laboratory shall 
be maintained by the MRO for 5 years. 
Such records include the MRO copies of 
the custody and control form, medical 
interviews, documentation of the basis 
for verifying as negative test results 
confirmed as positive by the labora-
tory, any other documentation con-
cerning the MRO’s verification process. 

(2) Should the employer change 

MRO’s for any reason, the employer 
shall ensure that the former MRO for-
wards all records maintained pursuant 
to this rule to the new MRO within ten 
working days of receiving notice from 
the employer of the new MRO’s name 
and address. 

(3) Any employer obtaining MRO 

services by contract, including a con-
tract through a C/TPA, shall ensure 
that the contract includes a record-
keeping provision that is consistent 
with this paragraph, including require-
ments for transferring records to a new 
MRO. 

(b) 

Access to records. 

The employer 

and the MRO shall permit the Adminis-
trator or the Administrator’s rep-
resentative to examine records re-
quired to be kept under this subpart 
and 49 CFR part 40. The Administrator 
or the Administrator’s representative 

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08:20 May 17, 2019

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