Federal Aviation Administration, DOT

Section 120.217
or record required to be kept by this
subpart.

conduct leading to actual loss of life,
injury, or damage to property, whether
the provisions apply specifically to
transportation employees or employers
or to the general public.

Section 120.215

Covered employees.

(a) Each employee, including any assistant, helper, or individual in a training status, who performs a safety-sensitive function listed in this section directly or by contract (including by subcontract at any tier) for an employer
as defined in this subpart must be subject to alcohol testing under an alcohol
testing program implemented in accordance with this subpart. This includes full-time, part-time, temporary,
and intermittent employees regardless
of the degree of supervision. The safety-sensitive functions are:
(1) Flight crewmember duties.
(2) Flight attendant duties.
(3) Flight instruction duties.
(4) Aircraft dispatcher duties.
(5) Aircraft maintenance or preventive maintenance duties.
(6) Ground security coordinator duties.
(7) Aviation screening duties.
(8) Air traffic control duties.
(9) Operations control specialist duties.
(b) Each employer must identify any
employee who is subject to the alcohol
testing regulations of more than one
DOT agency. Prior to conducting any
alcohol test on a covered employee
subject to the alcohol testing regulations of more than one DOT agency,
the employer must determine which
DOT agency authorizes or requires the
test.

Section 120.207 Other requirements imposed
by employers.
Except as expressly provided in these
alcohol testing requirements, nothing
in this subpart shall be construed to affect the authority of employers, or the
rights of employees, with respect to
the use or possession of alcohol, including any authority and rights with respect to alcohol testing and rehabilitation.
Section 120.209 Requirement for notice.
Before performing an alcohol test
under this subpart, each employer shall
notify a covered employee that the alcohol test is required by this subpart.
No employer shall falsely represent
that a test is administered under this
subpart.
Section 120.211 Applicable Federal regulations.
The following applicable regulations
appear in 49 CFR and 14 CFR:
(a) 49 CFR Part 40 - Procedures for
Transportation Workplace Drug Testing Programs
(b) 14 CFR:
(1) Section 67.107 - First-Class Airman Medical Certificate, Mental.
(2)
Section 67.207 - Second-Class
Airman
Medical Certificate, Mental.
(3) Section 67.307 - Third-Class Airman Medical Certificate, Mental.
(4)
Section 91.147 - Passenger
carrying
flights for compensation or hire.
(5) Section 135.1 - Applicability

[Doc. No. FAA-2008-0937, 74 FR 22653, May 14,
2009, as amended by Amdt. 120-2, 79 FR 9973,
Feb. 21, 2014]

[Doc. No. FAA-2008-0937, 74 FR 22653, May 14,
2009; Amdt. 120-0A, 75 FR 3154, Jan. 20, 2010]

Section 120.217

Section 120.213 Falsification.
No individual may make, or cause to
be made, any of the following:
(a) Any fraudulent or intentionally
false statement in any application of
an alcohol testing program.
(b) Any fraudulent or intentionally
false entry in any record or report that
is made, kept, or used to show compliance with this subpart.
(c) Any reproduction or alteration,
for fraudulent purposes, of any report

(a) Pre-employment alcohol testing. As
an employer, you may, but are not required to, conduct pre-employment alcohol testing under this subpart. If you
choose to conduct pre-employment alcohol testing, you must comply with
the following requirements:
(1) You must conduct a pre-employment alcohol test before the first performance of safety-sensitive functions
by every covered employee (whether a
new employee or someone who has
transferred to a position involving the

Tests required.

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