Section 120.121

14 CFR Ch. I (1-1-19 Edition)
substantive requirements for obtaining
a waiver, as provided in 49 CFR 40.21.
(b) Each petition for a waiver must
be submitted to the Federal Aviation
Administration, Office of Aerospace
Medicine, Drug Abatement Division
(AAM-800), 800 Independence Avenue,
SW., Washington, DC 20591.
(c) The Administrator may grant a
waiver subject to 49 CFR 40.21(d).

Section 120.121 Preemption.
(a) The issuance of 14 CFR parts 65,
91, 121, and 135 by the FAA preempts
any State or local law, rule, regulation, order, or standard covering the
subject matter of 14 CFR parts 65, 91,
121, and 135, including but not limited
to, drug testing of aviation personnel
performing safety-sensitive functions.
(b) The issuance of 14 CFR parts 65,
91, 121, and 135 does not preempt provisions of state criminal law that impose
sanctions for reckless conduct of an individual that leads to actual loss of
life, injury, or damage to property
whether such provisions apply specifically to aviation employees or generally to the public.

Subpart F - Alcohol Testing
Program Requirements
Section 120.201 Scope.
This subpart contains the standards
and components that must be included
in an alcohol testing program required
by this part.

Section 120.123 Drug testing outside the territory of the United States.
(a) No part of the testing process (including specimen collection, laboratory processing, and MRO actions)
shall be conducted outside the territory of the United States.
(1) Each employee who is assigned to
perform safety-sensitive functions solely outside the territory of the United
States shall be removed from the random testing pool upon the inception of
such assignment.
(2) Each covered employee who is removed from the random testing pool
under this section shall be returned to
the random testing pool when the employee resumes the performance of
safety-sensitive functions wholly or
partially within the territory of the
United States.
(b) The provisions of this subpart
shall not apply to any individual who
performs a function listed in Section 120.105
by contract for an employer outside
the territory of the United States.

Section 120.203 General.
(a) Purpose. The purpose of this subpart is to establish programs designed
to help prevent accidents and injuries
resulting from the misuse of alcohol by
employees who perform safety-sensitive functions in aviation.
(b) Alcohol testing procedures. Each
employer shall ensure that all alcohol
testing conducted pursuant to this subpart complies with the procedures set
forth in 49 CFR part 40. The provisions
of 49 CFR part 40 that address alcohol
testing are made applicable to employers by this subpart.
(c) Employer responsibility. As an employer, you are responsible for all actions of your officials, representatives,
and service agents in carrying out the
requirements of the DOT agency regulations.
Section 120.205 Preemption of State and
local laws.
(a) Except as provided in paragraph
(a)(2) of this section, these regulations
preempt any State or local law, rule,
regulation, or order to the extent that:
(1) Compliance with both the State or
local requirement and this subpart is
not possible; or
(2) Compliance with the State or
local requirement is an obstacle to the
accomplishment and execution of any
requirement in this subpart.
(b) The alcohol testing requirements
of this title shall not be construed to
preempt provisions of State criminal
law that impose sanctions for reckless

Section 120.125 Waivers from 49 CFR 40.21.
An employer subject to this part may
petition the Drug Abatement Division,
Office of Aerospace Medicine, for a
waiver allowing the employer to stand
down an employee following a report of
a laboratory confirmed positive drug
test or refusal, pending the outcome of
the verification process.
(a) Each petition for a waiver must
be in writing and include substantial
facts and justification to support the
waiver. Each petition must satisfy the

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