Section 120.19

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

the employer in accordance with subpart E of this part.

perform or continue to perform safetysensitive functions.

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

Section 120.21 Testing for alcohol.
(a) Each air traffic control facility
not operated by the FAA or the U.S.
military must establish an alcohol
testing program in accordance with the
provisions of subpart F of this part.
(b) No employer shall use any individual who meets the definition of covered employee in subpart A of this part
to perform a safety-sensitive function
listed in subpart F of this part unless
that individual is subject to testing for
alcohol misuse in accordance with the
provisions of that subpart.

Section 120.19

Misuse of alcohol.

(a) This section applies to covered
employees who perform air traffic control duties directly or by contract for
an employer that is an air traffic control facility not operated by the FAA
or the US military.
(b) Alcohol concentration. No covered
employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions while
having an alcohol concentration of 0.04
or greater. No employer having actual
knowledge that an employee has an alcohol concentration of 0.04 or greater
shall permit the employee to perform
or continue to perform safety-sensitive
functions.
(c) On-duty use. No covered employee
shall use alcohol while performing
safety-sensitive functions. No employer having actual knowledge that a
covered employee is using alcohol
while performing safety-sensitive functions shall permit the employee to perform or continue to perform safety-sensitive functions.
(d) Pre-duty use. No covered employee
shall perform air traffic control duties
within 8 hours after using alcohol. No
employer having actual knowledge
that such an employee has used alcohol
within 8 hours shall permit the employee to perform or continue to perform air traffic control duties.
(e) Use following an accident. No covered employee who has actual knowledge of an accident involving an aircraft for which he or she performed a
safety-sensitive function at or near the
time of the accident shall use alcohol
for 8 hours following the accident, unless he or she has been given a post-accident test under subpart F of this part
or the employer has determined that
the employee-s performance could not
have contributed to the accident.
(f) Refusal to submit to a required alcohol test. A covered employee may not
refuse to submit to any alcohol test required under subpart F of this part. An
employer may not permit an employee
who refuses to submit to such a test to

Subpart D - Part 119 Certificate
Holders Authorized To Conduct Operations under Part
121 or Part 135 or Operators
Under Section 91.147 of This Chapter
and Safety-Sensitive Employees
Section 120.31 Prohibited drugs.
(a) Each certificate holder or operator 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.
(b) No certificate holder or operator
may use any contractor to perform a
function listed in subpart E of this part
unless that contractor provides each of
its employees performing that function
for the certificate holder or operator,
and his or her supervisor, with the
training specified in that subpart.
Section 120.33 Use of prohibited drugs.
(a) This section applies to individuals
who perform a function listed in subpart E of this part for a certificate
holder or operator. For the purpose of
this section, an individual who performs such a function pursuant to a
contract with the certificate holder or
the operator is considered to be performing that function for the certificate holder or the operator.
(b) No certificate holder or operator
may knowingly use any individual to
perform, nor may any individual perform for a certificate holder or an operator, either directly or by contract,

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