Federal Aviation Administration, DOT

Section 120.7

Subpart E - Drug Testing Program
Requirements

tract to the U.S. military; and all operators as defined in 14 CFR 91.147.
(b) All individuals who perform, either directly or by contract, a safetysensitive function listed in subpart E
or subpart F of this part.
(c) All part 145 certificate holders
who perform safety-sensitive functions
and elect to implement a drug and alcohol testing program under this part.
(d) All contractors who elect to implement a drug and alcohol testing program under this part.

120.101 Scope.
120.103 General.
120.105 Employees who must be tested.
120.107 Substances for which testing must
be conducted.
120.109 Types of drug testing required.
120.111 Administrative and other matters.
120.113 Medical Review Officer, Substance
Abuse Professional, and employer responsibilities.
120.115 Employee
Assistance
Program
(EAP).
120.117 Implementing a drug testing program.
120.119 Annual reports.
120.121 Preemption.
120.123 Drug testing outside of the territory
of the United States.
120.125 Waivers from 49 CFR 40.21.

Section 120.3

Subpart F - Alcohol Testing Program
Requirements

Section 120.5

120.201 Scope.
120.203 General.
120.205 Preemption of State and local laws.
120.207 Other requirements imposed by employers.
120.209 Requirement for notice.
120.211 Applicable Federal regulations.
120.213 Falsification.
120.215 Covered employees.
120.217 Tests required.
120.219 Handling of test results, record retention, and confidentiality.
120.221 Consequences for employees engaging in alcohol-related conduct.
120.223 Alcohol misuse information, training, and substance abuse professionals.
120.225 How to implement an alcohol testing
program.
120.227 Employees located outside the U.S.

Procedures.

Each employer having a drug and alcohol testing program under this part
must ensure that all drug and alcohol
testing conducted pursuant to this part
complies with the procedures set forth
in 49 CFR part 40.
Section 120.7

Definitions.

For the purposes of this part, the following definitions apply:
(a) Accident means an occurrence associated with the operation of an aircraft which takes place between the
time any individual boards the aircraft
with the intention of flight and all
such individuals have disembarked, and
in which any individual suffers death
or serious injury, or in which the aircraft receives substantial damage.
(b) Alcohol means the intoxicating
agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols, including methyl or isopropyl
alcohol.
(c) Alcohol concentration (or content)
means the alcohol in a volume of
breath expressed in terms of grams of
alcohol per 210 liters of breath as indicated by an evidential breath test
under subpart F of this part.
(d) Alcohol use means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol.

AUTHORITY: 49 U.S.C. 106(f), 106(g), 40101-
40103, 40113, 40120, 41706, 41721, 44106, 44701,
44702, 44703, 44709, 44710, 44711, 45101-45105,
46105, 46306.
SOURCE: Docket No. FAA-2008-0937, 74 FR
22653, May 14, 2009, unless otherwise noted.

Subpart A - General
Section 120.1

Purpose.

The purpose of this part is to establish a program designed to help prevent
accidents and injuries resulting from
the use of prohibited drugs or the misuse of alcohol by employees who perform safety-sensitive functions in aviation.

Applicability.

This part applies to the following
persons:
(a) All air carriers and operators certificated under part 119 of this chapter
authorized to conduct operations under
part 121 or part 135 of this chapter, all
air traffic control facilities not operated by the FAA or by or under con-

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