Federal Aviation Administration, DOT

Section 120.17
(b) Refusal by the holder of a certificate issued under part 65 of this chapter to take a drug or alcohol test required under the provisions of this part
is grounds for:
(1) Denial of an application for any
certificate or rating issued under part
65 of this chapter for a period of up to
1 year after the date of such refusal;
and
(2) Suspension or revocation of any
certificate or rating issued under part
65 of this chapter.

Subpart
B - Individuals
Certificated Under Parts 61, 63, and
65
Section 120.11 Refusal to submit to a drug or
alcohol test by a Part 61 certificate
holder.
(a) This section applies to all individuals who hold a certificate under part
61 of this chapter and who are subject
to drug and alcohol testing under this
part.
(b) Refusal by the holder of a certificate issued under part 61 of this chapter to take a drug or alcohol test required under the provisions of this part
is grounds for:
(1) Denial of an application for any
certificate, rating, or authorization
issued under part 61 of this chapter for
a period of up to 1 year after the date
of such refusal; and
(2) Suspension or revocation of any
certificate, rating, or authorization
issued under part 61 of this chapter.

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

Subpart C - Air Traffic Controllers
Section 120.17

Use of prohibited drugs.

(a) Each employer shall provide each
employee performing a function listed
in subpart E of this part, and his or her
supervisor, with the training specified
in that subpart. No employer may use
any contractor to perform an air traffic control function unless that contractor provides each of its employees
performing that function for the employer, and his or her supervisor, with
the training specified in subpart E of
this part.
(b) No employer may knowingly use
any individual to perform, nor may any
individual perform for an employer, either directly or by contract, any air
traffic control function while that individual has a prohibited drug, as defined
in this part, in his or her system.
(c) No employer shall knowingly use
any individual to perform, nor may any
individual perform for an employer, either directly or by contract, any air
traffic control function if the individual has a verified positive drug test
result on, or has refused to submit to,
a drug test required by subpart E of
this part and the individual has not
met the requirements of subpart E of
this part for returning to the performance of safety-sensitive duties.
(d) Each employer shall test each of
its employees who perform any air
traffic control function in accordance
with subpart E of this part. No employer may use any contractor to perform any air traffic control function
unless that contractor tests each employee performing such a function for

Section 120.13 Refusal to submit to a drug or
alcohol test by a Part 63 certificate
holder.
(a) This section applies to all individuals who hold a certificate under part
63 of this chapter and who are subject
to drug and alcohol testing under this
part.
(b) Refusal by the holder of a certificate issued under part 63 of this chapter to take a drug or alcohol test required under the provisions of this part
is grounds for:
(1) Denial of an application for any
certificate or rating issued under part
63 of this chapter for a period of up to
1 year after the date of such refusal;
and
(2) Suspension or revocation of any
certificate or rating issued under part
63 of this chapter.
[Doc. No. FAA-2008-0937, 74 FR 22653, May 14,
2009; Amdt. 120-0A, 75 FR 3153, Jan. 20, 2010]

Section 120.15 Refusal to submit to a drug or
alcohol test by a Part 65 certificate
holder.
(a) This section applies to all individuals who hold a certificate under part
65 of this chapter and who are subject
to drug and alcohol testing under this
part.

37

VerDate Sep<11>2014

08:20 May 17, 2019

Jkt 247048

PO 00000

Frm 00047

Fmt 8010

Sfmt 8010

Y:\SGML\247048.XXX

247048