Federal Aviation Administration, DOT

Section 120.113

may require that all records maintained by the service agent for the employer must be produced at the employer-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 employer shall release employee information.
(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 required under this subpart. Notification
must be sent to: Federal Aviation Administration, Office of Aerospace Medicine, 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 precluded from performing for an employer the safety-sensitive duties the
employee performed prior to the second drug test.
(2) An employee who has engaged in
prohibited drug use during the performance of a safety-sensitive function
after September 19, 1994 is permanently
precluded from performing that safetysensitive function for an employer.
(f) DOT management information system annual reports. Copies of any annual reports submitted to the FAA
under this subpart must be maintained
by the employer for a minimum of 5
years.

vidual on staff to serve as MRO, the
employer may contract for the provision 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 primary 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 period 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 Employer Responsibilities Regarding 14 CFR
part 67 Airman Medical Certificate Holders. (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-sensitive function for the employer. If the
individual answers in the affirmative
to either question, in addition to notifying the employer in accordance with
49 CFR part 40, the MRO must forward
to the Federal Air Surgeon, at the address 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 required 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 individual answers in the affirmative, the

Section 120.113 Medical Review Officer, Substance Abuse Professional, and Employer Responsibilities.
(a) The employer shall designate or
appoint a Medical Review Officer
(MRO) who shall be qualified in accordance with 49 CFR part 40 and shall perform the functions set forth in 49 CFR
part 40 and this subpart. If the employer does not have a qualified indi-

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