45 

Federal Aviation Administration, DOT 

§ 120.113 

may require that all records main-
tained by the service agent for the em-
ployer must be produced at the em-
ployer’s place of business. 

(c) 

Release of drug testing information. 

An employer shall release information 
regarding an employee’s drug testing 
results, evaluation, or rehabilitation to 
a third party in accordance with 49 
CFR part 40. Except as required by law, 
this subpart, or 49 CFR part 40, no em-
ployer shall release employee informa-
tion. 

(d) 

Refusal to submit to testing. 

Each 

employer must notify the FAA within 2 
working days of any employee who 
holds a certificate issued under part 61, 
part 63, or part 65 of this chapter who 
has refused to submit to a drug test re-
quired under this subpart. Notification 
must be sent to: Federal Aviation Ad-
ministration, Office of Aerospace Medi-
cine, Drug Abatement Division (AAM– 
800), 800 Independence Avenue, SW., 
Washington, DC 20591, or by fax to (202) 
267–5200. 

(e) 

Permanent disqualification from 

service. 

(1) An employee who has 

verified positive drug test results on 
two drug tests required by this subpart 
of this chapter, and conducted after 
September 19, 1994, is permanently pre-
cluded from performing for an em-
ployer the safety-sensitive duties the 
employee performed prior to the sec-
ond drug test. 

(2) An employee who has engaged in 

prohibited drug use during the per-
formance of a safety-sensitive function 
after September 19, 1994 is permanently 
precluded from performing that safety- 
sensitive function for an employer. 

(f) 

DOT management information sys-

tem annual reports. 

Copies of any an-

nual reports submitted to the FAA 
under this subpart must be maintained 
by the employer for a minimum of 5 
years. 

§ 120.113

Medical Review Officer, Sub-

stance Abuse Professional, and Em-
ployer Responsibilities. 

(a) The employer shall designate or 

appoint a Medical Review Officer 
(MRO) who shall be qualified in accord-
ance with 49 CFR part 40 and shall per-
form the functions set forth in 49 CFR 
part 40 and this subpart. If the em-
ployer does not have a qualified indi-

vidual on staff to serve as MRO, the 
employer may contract for the provi-
sion of MRO services as part of its drug 
testing program. 

(b) 

Medical Review Officer (MRO). 

The 

MRO must perform the functions set 
forth in subpart G of 49 CFR part 40, 
and subpart E of this part. The MRO 
shall not delay verification of the pri-
mary test result following a request for 
a split specimen test unless such delay 
is based on reasons other than the fact 
that the split specimen test result is 
pending. If the primary test result is 
verified as positive, actions required 
under this rule (e.g., notification to the 
Federal Air Surgeon, removal from 
safety-sensitive position) are not 
stayed during the 72-hour request pe-
riod or pending receipt of the split 
specimen test result. 

(c) 

Substance Abuse Professional (SAP). 

The SAP must perform the functions 
set forth in 49 CFR part 40, subpart O. 

(d) 

Additional Medical Review Officer, 

Substance Abuse Professional, and Em-
ployer Responsibilities Regarding 14 CFR 
part 67 Airman Medical Certificate Hold-
ers. 

(1) As part of verifying a confirmed 

positive test result or refusal to submit 
to a test, the MRO must ask and the 
individual must answer whether he or 
she holds an airman medical certificate 
issued under 14 CFR part 67 or would be 
required to hold an airman medical 
certificate to perform a safety-sen-
sitive function for the employer. If the 
individual answers in the affirmative 
to either question, in addition to noti-
fying the employer in accordance with 
49 CFR part 40, the MRO must forward 
to the Federal Air Surgeon, at the ad-
dress listed in paragraph (d)(5) of this 
section, the name of the individual, 
along with identifying information and 
supporting documentation, within 2 
working days after verifying a positive 
drug test result or refusal to submit to 
a test. 

(2) During the SAP interview re-

quired for a verified positive test result 
or a refusal to submit to a test, the 
SAP must ask and the individual must 
answer whether he or she holds or 
would be required to hold an airman 
medical certificate issued under 14 CFR 
part 67 to perform a safety-sensitive 
function for the employer. If the indi-
vidual answers in the affirmative, the 

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