Federal Aviation Administration, DOT

Section 120.223

and who had previously engaged in alcohol use that violated the provisions
of SectionSection 120.19 or 120.37 after becoming subject to such prohibitions, is permanently 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 SectionSection 120.19 or 120.37 shall notify 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 Section 120.223(c) within 2 working days of the employer-s receipt of the report.
(3) All documents must be sent to the
Federal Air Surgeon, Federal Aviation
Administration, Office of Aerospace
Medicine, Attn: Drug Abatement Division (AAM-800), 800 Independence Avenue, SW., Washington, DC 20591.
(4) No covered employee who is required to hold an airman medical certificate in order to perform a safetysensitive 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 certificate, the SAP may recommend to the
employer that the covered employee
may be returned to a safety-sensitive
position. The receipt of an airman medical certificate does not alter any obligations 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 permitted to perform safety-sensitive duties, the employer cannot permit the
employee to perform those safety-sensitive duties until the employer has ensured that the employee meets the return to duty requirements in accordance 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. Notification must be sent to: Federal Aviation Administration, Office of Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence Avenue, 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
SectionSection 120.19 or 120.37 shall perform safetysensitive functions unless the employee 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-sensitive 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 alcohol 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 continue to perform safety-sensitive functions, until:
(i) The employee-s alcohol concentration 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 administration 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 results 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]

Section 120.223 Alcohol misuse information,
training, and substance abuse professionals.
(a) Employer obligation to promulgate a
policy on the misuse of alcohol. (1) General requirements. Each employer shall

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