Federal Aviation Administration, DOT

Section 120.37
the requirements of paragraph (b) of
this section when the aircraft is next
at an airport where such maintenance
personnel are available.
(d) For purposes of this section,
emergency maintenance means maintenance that - 
(1) Is not scheduled and
(2) Is made necessary by an aircraft
condition not discovered prior to the
departure for that location.

any function listed in subpart E of this
part while that individual has a prohibited drug, as defined in this part, in his
or her system.
(c) No certificate holder or operator
shall knowingly use any individual to
perform, nor shall any individual perform for a certificate holder or operator, either directly or by contract,
any safety-sensitive function if that 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 that subpart
for returning to the performance of
safety-sensitive duties.

Section 120.37 Misuse of alcohol.
(a) General. This section applies to
covered employees who perform a function listed in subpart F of this part for
a certificate holder. For the purpose of
this section, an individual who meets
the definition of covered employee in
subpart F of this part is considered to
be performing the function for the certificate holder.
(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 certificate holder 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 safetysensitive functions.
(c) On-duty use. No covered employee
shall use alcohol while performing
safety-sensitive functions. No certificate holder 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 safetysensitive functions.
(d) Pre-duty use. (1) No covered employee shall perform flight crewmember or flight attendant duties
within 8 hours after using alcohol. No
certificate holder having actual knowledge that such an employee has used
alcohol within 8 hours shall permit the
employee to perform or continue to
perform the specified duties.
(2) No covered employee shall perform safety-sensitive duties other than
those specified in paragraph (d)(1) of
this section within 4 hours after using
alcohol. No certificate holder having
actual knowledge that such an employee has used alcohol within 4 hours
shall permit the employee to perform

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

Section 120.35 Testing for prohibited drugs.
(a) Each certificate holder or operator shall test each of its employees
who perform a function listed in subpart E of this part in accordance with
that subpart.
(b) Except as provided in paragraph
(c) of this section, no certificate holder
or operator may use any contractor to
perform a function listed in subpart E
of this part unless that contractor
tests each employee performing such a
function for the certificate holder or
operator in accordance with that subpart.
(c) If a certificate holder conducts an
on-demand operation into an airport at
which no maintenance providers are
available that are subject to the requirements of subpart E of this part
and emergency maintenance is required, the certificate holder may use
individuals not meeting the requirements of paragraph (b) of this section
to provide such emergency maintenance under both of the following conditions:
(1) The certificate holder must give
written notification of the emergency
maintenance to the Drug Abatement
Program Division, AAM-800, 800 Independence Avenue, SW., Washington, DC
20591, within 10 days after being provided same in accordance with this
paragraph. A certificate holder must
retain copies of all such written notifications for two years.
(2) The aircraft must be reinspected
by maintenance personnel who meet

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