57 

Federal Aviation Administration, DOT 

§ 120.223 

and who had previously engaged in al-
cohol use that violated the provisions 
of §§ 120.19 or 120.37 after becoming sub-
ject to such prohibitions, is perma-
nently precluded from performing for 
an employer the safety-sensitive duties 
the employee performed before such 
violation. 

(c) 

Notice to the Federal Air Surgeon. 

(1) An employer who determines that a 
covered employee who holds an airman 
medical certificate issued under part 67 
of this chapter has engaged in alcohol 
use that violated the alcohol misuse 
provisions of §§ 120.19 or 120.37 shall no-
tify the Federal Air Surgeon within 2 
working days. 

(2) Each such employer shall forward 

to the Federal Air Surgeon a copy of 
the report of any evaluation performed 
under the provisions of § 120.223(c) with-
in 2 working days of the employer’s re-
ceipt of the report. 

(3) All documents must be sent to the 

Federal Air Surgeon, Federal Aviation 
Administration, Office of Aerospace 
Medicine, Attn: Drug Abatement Divi-
sion (AAM–800), 800 Independence Ave-
nue, SW., Washington, DC 20591. 

(4) No covered employee who is re-

quired to hold an airman medical cer-
tificate in order to perform a safety- 
sensitive duty may perform that duty 
following a violation of this subpart 
until the covered employee obtains an 
airman medical certificate issued by 
the Federal Air Surgeon dated after 
the alcohol test result or refusal to 
test date. After the covered employee 
obtains this airman medical certifi-
cate, the SAP may recommend to the 
employer that the covered employee 
may be returned to a safety-sensitive 
position. The receipt of an airman med-
ical certificate does not alter any obli-
gations otherwise required by 49 CFR 
part 40 or this subpart. 

(5) Once the Federal Air Surgeon has 

recommended under paragraph (c)(4) of 
this section that the employee be per-
mitted to perform safety-sensitive du-
ties, the employer cannot permit the 
employee to perform those safety-sen-
sitive duties until the employer has en-
sured that the employee meets the re-
turn to duty requirements in accord-
ance with 49 CFR part 40. 

(d) 

Notice of refusals. 

Each covered 

employer must notify the FAA within 2 

working days of any employee who 
holds a certificate issued under part 61, 
part 63, or part 65 of this chapter who 
has refused to submit to an alcohol 
test required under this subpart. Noti-
fication must be sent to: Federal Avia-
tion Administration, Office of Aero-
space Medicine, Drug Abatement Divi-
sion (AAM–800), 800 Independence Ave-
nue, SW., Washington, DC 20591, or by 
fax to (202) 267–5200. 

(e) 

Required evaluation and alcohol 

testing. 

No covered employee who has 

engaged in conduct prohibited by 
§§ 120.19 or 120.37 shall perform safety- 
sensitive functions unless the em-
ployee has met the requirements of 49 
CFR part 40. No employer shall permit 
a covered employee who has engaged in 
such conduct to perform safety-sen-
sitive functions unless the employee 
has met the requirements of 49 CFR 
part 40. 

(f) 

Other alcohol-related conduct. 

(1) 

No covered employee tested under this 
subpart who is found to have an alco-
hol concentration of 0.02 or greater but 
less than 0.04 shall perform or continue 
to perform safety-sensitive functions 
for an employer, nor shall an employer 
permit the employee to perform or con-
tinue to perform safety-sensitive func-
tions, until: 

(i) The employee’s alcohol concentra-

tion measures less than 0.02; or 

(ii) The start of the employee’s next 

regularly scheduled duty period, but 
not less than 8 hours following admin-
istration of the test. 

(2) Except as provided in paragraph 

(f)(1) of this section, no employer shall 
take any action under this rule against 
an employee based solely on test re-
sults showing an alcohol concentration 
less than 0.04. This does not prohibit an 
employer with authority independent 
of this rule from taking any action 
otherwise consistent with law. 

[Doc. No. FAA–2008–0937, 74 FR 22653, May 14, 
2009, as amended by Amdt. 120–1, 78 FR 42004, 
July 15, 2013] 

§ 120.223

Alcohol misuse information, 

training, and substance abuse pro-
fessionals. 

(a) 

Employer obligation to promulgate a 

policy on the misuse of alcohol. 

(1) 

Gen-

eral requirements. 

Each employer shall 

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