Section 120.39

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

or to continue to perform safety-sensitive functions.
(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 must not
refuse to submit to any alcohol test required under subpart F of this part. A
certificate holder must not permit an
employee who refuses to submit to
such a test to perform or continue to
perform safety-sensitive functions.
Section 120.39

retain copies of all such written notifications for two years.
(2) The aircraft must be reinspected
by maintenance personnel who meet
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.

Subpart E - Drug Testing Program
Requirements
Section 120.101 Scope.
This subpart contains the standards
and components that must be included
in a drug testing program required by
this part.

Testing for alcohol.

(a) Each certificate holder must establish an alcohol testing program in
accordance with the provisions of subpart F of this part.
(b) Except as provided in paragraph
(c) of this section, no certificate holder
or operator may use any individual
who meets the definition of covered
employee in subpart A of this part to
perform a safety-sensitive function
listed in that subpart F of this part unless that individual is subject to testing for alcohol misuse in accordance
with the provisions of 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 F 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

Section 120.103 General.
(a) Purpose. The purpose of this subpart is to establish a program designed
to help prevent accidents and injuries
resulting from the use of prohibited
drugs by employees who perform safety-sensitive functions.
(b) DOT procedures. (1) Each employer
shall ensure that drug testing programs conducted pursuant to 14 CFR
parts 65, 91, 121, and 135 comply with
the requirements of this subpart and
the  - Procedures for Transportation
Workplace Drug Testing Programs - 
published by the Department of Transportation (DOT) (49 CFR part 40).
(2) An employer may not use or contract with any drug testing laboratory
that is not certified by the Department
of Health and Human Services (HHS)
under the National Laboratory Certification Program.
(c) Employer responsibility. As an employer, you are responsible for all actions of your officials, representatives,
and service agents in carrying out the
requirements of this subpart and 49
CFR part 40.
(d) Applicable Federal Regulations. The
following applicable regulations appear
in 49 CFR or 14 CFR:
(1) 49 CFR Part 40 - Procedures for
Transportation Workplace Drug Testing Programs

40

VerDate Sep<11>2014

08:20 May 17, 2019

Jkt 247048

PO 00000

Frm 00050

Fmt 8010

Sfmt 8010

Y:\SGML\247048.XXX

247048