Section 120.115

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

individual must obtain an airman medical certificate issued by the Federal
Air Surgeon dated after the verified
positive drug test result date or refusal
to test date. After the individual obtains this airman medical certificate,
the SAP may recommend to the employer that the individual may be returned to a safety-sensitive position.
The receipt of an airman medical certificate does not alter any obligations
otherwise required by 49 CFR part 40 or
this subpart.
(3) An employer must forward to the
Federal Air Surgeon within 2 working
days of receipt, copies of all reports
provided to the employer by a SAP regarding the following:
(i) An individual who the MRO has
reported to the Federal Air Surgeon
under Section 120.113 (d)(1); or
(ii) An individual who the employer
has reported to the Federal Air Surgeon under Section 120.111(d).
(4) The employer must not permit an
employee who is required to hold an
airman medical certificate under 14
CFR part 67 to perform a safety-sensitive duty to resume that duty until
the employee has:
(i) Been issued an airman medical
certificate from the Federal Air Surgeon after the date of the verified positive drug test result or refusal to test;
and
(ii) Met the return to duty requirements in accordance with 49 CFR part
40.
(5) Reports required under this section shall be forwarded to the Federal
Air Surgeon, Federal Aviation Administration, Office of Aerospace Medicine,
Attn: Drug Abatement Division (AAM-
800), 800 Independence Avenue, SW.,
Washington, DC 20591.
(6) MROs, SAPs, and employers who
send reports to the Federal Air Surgeon must keep a copy of each report
for 5 years.

training on drug use for employees and
training for supervisors making determinations for testing of employees
based on reasonable cause.
(b) EAP education program. (1) Each
EAP education program must include
at least the following elements:
(i) Display and distribution of informational material;
(ii) Display and distribution of a
community service hot-line telephone
number for employee assistance; and
(iii) Display and distribution of the
employer-s policy regarding drug use in
the workplace.
(2) The employer-s policy shall include information regarding the consequences under the rule of using drugs
while performing safety-sensitive functions, receiving a verified positive drug
test result, or refusing to submit to a
drug test required under the rule.
(c) EAP training program. (1) Each employer shall implement a reasonable
program of initial training for employees. The employee training program
must include at least the following elements:
(i) The effects and consequences of
drug use on individual health, safety,
and work environment;
(ii) The manifestations and behavioral cues that may indicate drug use
and abuse; and
(2) The employer-s supervisory personnel who will determine when an employee is subject to testing based on
reasonable cause shall receive specific
training on specific, contemporaneous
physical, behavioral, and performance
indicators of probable drug use in addition to the training specified in Section 120.115
(c).
(3) The employer shall ensure that
supervisors who will make reasonable
cause determinations receive at least
60 minutes of initial training.
(4) The employer shall implement a
reasonable recurrent training program
for supervisory personnel making reasonable cause determinations during
subsequent years.
(5) Documentation of all training
given to employees and supervisory
personnel must be included in the
training program.
(6) The employer shall identify the
employee and supervisor EAP training

Section 120.115 Employee Assistance Program (EAP).
(a) The employer shall provide an
EAP for employees. The employer may
establish the EAP as a part of its internal personnel services or the employer
may contract with an entity that will
provide EAP services to an employee.
Each EAP must include education and

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