Section 120.221

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

(E) Materials on alcohol misuse
awareness, including a copy of the employer-s policy on alcohol misuse.
(F) Documentation of compliance
with the requirements of Section 120.223(a).
(G) Documentation of training provided to supervisors for the purpose of
qualifying the supervisors to make a
determination concerning the need for
alcohol testing based on reasonable
suspicion.
(H) Certification that any training
conducted under this subpart complies
with the requirements for such training.
(b) Annual reports. (1) Annual reports
of alcohol testing program results
must be submitted to the FAA by
March 15 of the succeeding calendar
year for the prior calendar year (January 1 through December 31) in accordance with the provisions of paragraphs
(b)(1)(i) through (iii) of this section.
(i) Each part 121 certificate holder
shall submit an annual report each
year.
(ii) Each entity conducting an alcohol testing program under this part,
other than a part 121 certificate holder,
that has 50 or more employees performing a safety-sensitive function on
January 1 of any calendar year shall
submit an annual report to the FAA for
that calendar year.
(iii) The Administrator reserves the
right to require that aviation employers not otherwise required to submit
annual reports prepare and submit
such reports to the FAA. Employers
that will be required to submit annual
reports under this provision will be notified in writing by the FAA.
(2) As an employer, you must use the
Management
Information
System
(MIS) form and instructions as required by 49 CFR part 40 (at 49 CFR
40.26 and appendix H to 49 CFR part 40).
You may also use the electronic
version of the MIS form provided by
the DOT. The Administrator may designate means (e.g., electronic program
transmitted via the Internet) other
than hard-copy, for MIS form submission. For information on where to submit MIS forms and for the electronic
version of the form, see: http://
www.faa.gov/about/officelorg/
headquartersloffices/avs/offices/aam/
druglalcohol/.

(3) A service agent may prepare the
MIS report on behalf of an employer.
However, a company official (e.g., Designated Employer Representative as
defined in 49 CFR part 40) must certify
the accuracy and completeness of the
MIS report, no matter who prepares it.
(c) Access to records and facilities. (1)
Except as required by law or expressly
authorized or required in this subpart,
no employer shall release covered employee information that is contained in
records required to be maintained
under this subpart.
(2) A covered employee is entitled,
upon written request, to obtain copies
of any records pertaining to the employee-s use of alcohol, including any
records pertaining to his or her alcohol
tests in accordance with 49 CFR part
40. The employer shall promptly provide the records requested by the employee. Access to an employee-s records
shall not be contingent upon payment
for records other than those specifically requested.
(3) Each employer shall permit access
to all facilities utilized in complying
with the requirements of this subpart
to the Secretary of Transportation or
any DOT agency with regulatory authority over the employer or any of its
covered employees.
Section 120.221 Consequences for employees
engaging in alcohol-related conduct.
(a) Removal from safety-sensitive function. (1) Except as provided in 49 CFR
part 40, no covered employee shall perform safety-sensitive functions if the
employee has engaged in conduct prohibited by SectionSection 120.19 or 120.37, or an alcohol misuse rule of another DOT agency.
(2) No employer shall permit any covered employee to perform safety-sensitive functions if the employer has determined that the employee has violated this section.
(b) Permanent disqualification from
service. (1) An employee who violates
SectionSection 120.19(c) or 120.37(c) is permanently
precluded from performing for an employer the safety-sensitive duties the
employee performed before such violation.
(2) An employee who engages in alcohol use that violates another alcohol
misuse provision of SectionSection 120.19 or 120.37,

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