Section 120.111

14 CFR Ch. I (1-1-19 Edition)

based on a reasonable and articulable
belief that the employee is using a prohibited drug on the basis of specific
contemporaneous physical, behavioral,
or performance indicators of probable
drug use. At least two of the employee-s supervisors, one of whom is trained
in detection of the symptoms of possible drug use, must substantiate and
concur in the decision to test an employee who is reasonably suspected of
drug use; except that in the case of an
employer, other than a part 121 certificate holder, who employs 50 or fewer
employees who perform safety-sensitive 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 perform 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 the
individual shall undergo a return-toduty 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 negative drug test result for the individual.
The test cannot occur until after the
SAP has determined that the employee
has successfully complied with the prescribed 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 employer-s Substance Abuse Professional
conducted in accordance with the provisions of 49 CFR part 40, but shall consist of at least six tests in the first 12
months following the employee-s return to duty.

(3) The employer must direct the employee to undergo testing for alcohol in
accordance with subpart F of this part,
in addition to drugs, if the Substance
Abuse Professional determines that alcohol testing is necessary for the particular employee. Any such alcohol
testing shall be conducted in accordance 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 performance of a safety-sensitive function. The Substance Abuse Professional
may terminate the requirement for follow-up testing at any time after the
first six tests have been conducted, if
the Substance Abuse Professional determines that such testing is no longer
necessary.
Section 120.111 Administrative
matters.

and

(a) MRO record retention requirements.
(1) Records concerning drug tests confirmed 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 laboratory, any other documentation concerning the MRO-s verification process.
(2) Should the employer change
MRO-s for any reason, the employer
shall ensure that the former MRO forwards all records maintained pursuant
to this rule to the new MRO within ten
working days of receiving notice from
the employer of the new MRO-s name
and address.
(3) Any employer obtaining MRO
services by contract, including a contract through a C/TPA, shall ensure
that the contract includes a recordkeeping provision that is consistent
with this paragraph, including requirements for transferring records to a new
MRO.
(b) Access to records. The employer
and the MRO shall permit the Administrator or the Administrator-s representative to examine records required to be kept under this subpart
and 49 CFR part 40. The Administrator
or the Administrator-s representative

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