36 

14 CFR Ch. I (1–1–19 Edition) 

§ 120.7 

(e) 

Contractor 

is an individual or com-

pany that performs a safety-sensitive 
function by contract for an employer 
or another contractor. 

(f) 

Covered employee 

means an indi-

vidual who performs, either directly or 
by contract, a safety-sensitive function 
listed in §§ 120.105 and 120.215 for an em-
ployer (as defined in paragraph (i) of 
this section). For purposes of pre-em-
ployment testing only, the term ‘‘cov-
ered employee’’ includes an individual 
applying to perform a safety-sensitive 
function. 

(g) 

DOT agency 

means an agency (or 

‘‘operating administration’’) of the 
United States Department of Transpor-
tation administering regulations re-
quiring drug and alcohol testing (14 
CFR parts 61, 65, 121, and 135; 46 CFR 
part 16; 49 CFR parts 199, 219, and 382) 
in accordance with 49 CFR part 40. 

(h) 

Employee 

is an individual who is 

hired, either directly or by contract, to 
perform a safety-sensitive function for 
an employer, as defined in paragraph 
(i) of this section. An employee is also 
an individual who transfers into a posi-
tion to perform a safety-sensitive func-
tion for an employer. 

(i) 

Employer 

is a part 119 certificate 

holder with authority to operate under 
parts 121 and/or 135 of this chapter, an 
operator as defined in § 91.147 of this 
chapter, or an air traffic control facil-
ity not operated by the FAA or by or 
under contract to the U.S. Military. An 
employer may use a contract employee 
who is not included under that employ-
er’s FAA-mandated drug and alcohol 
testing program to perform a safety- 
sensitive function only if that contract 
employee is included under the con-
tractor’s FAA-mandated drug and alco-
hol testing program and is performing 
a safety-sensitive function on behalf of 
that contractor (i.e., within the scope 
of employment with the contractor.) 

(j) 

Hire 

means retaining an individual 

for a safety-sensitive function as a paid 
employee, as a volunteer, or through 
barter or other form of compensation. 

(k) 

Performing 

(a safety-sensitive 

function): an employee is considered to 
be performing a safety-sensitive func-
tion during any period in which he or 
she is actually performing, ready to 
perform, or immediately available to 
perform such function. 

(l) 

Positive rate for random drug testing 

means the number of verified positive 
results for random drug tests con-
ducted under subpart E of this part, 
plus the number of refusals of random 
drug tests required by subpart E of this 
part, divided by the total number of 
random drug test results (

i.e., 

positives, negatives, and refusals) 
under subpart E of this part. 

(m) 

Prohibited drug 

means marijuana, 

cocaine, opiates, phencyclidine (PCP), 
and amphetamines, as specified in 49 
CFR 40.85. 

(n) 

Refusal to submit to alcohol test 

means that a covered employee has en-
gaged in conduct including but not lim-
ited to that described in 49 CFR 40.261, 
or has failed to remain readily avail-
able for post-accident testing as re-
quired by subpart F of this part. 

(o) 

Refusal to submit to drug test 

means 

that an employee engages in conduct 
including but not limited to that de-
scribed in 49 CFR 40.191. 

(p) 

Safety-sensitive function 

means a 

function listed in §§ 120.105 and 120.215. 

(q) 

Verified negative drug test result 

means a drug test result from an HHS- 
certified laboratory that has undergone 
review by an MRO and has been deter-
mined by the MRO to be a negative re-
sult. 

(r) 

Verified positive drug test result 

means a drug test result from an HHS- 
certified laboratory that has undergone 
review by an MRO and has been deter-
mined by the MRO to be a positive re-
sult. 

(s) 

Violation rate for random alcohol 

testing 

means the number of 0.04, and 

above, random alcohol confirmation 
test results conducted under subpart F 
of this part, plus the number of refus-
als of random alcohol tests required by 
subpart F of this part, divided by the 
total number of random alcohol screen-
ing tests (including refusals) conducted 
under subpart F of this part. 

[Doc. No. FAA–2008–0937, 74 FR 22653, May 14, 
2009; Amdt. 120–0A, 75 FR 3153, Jan. 20, 2010] 

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