Federal Aviation Administration, DOT

Section 120.109

(2) 14 CFR:
(i) Section 67.107 - First-Class Airman Medical Certificate, Mental.
(ii)
Section 67.207 - Second-Class
Airman
Medical Certificate, Mental.
(iii)
Section 67.307 - Third-Class
Airman
Medical Certificate, Mental.
(iv)
Section 91.147 - Passenger
carrying
flight for compensation or hire.
(v) Section 135.1 - Applicability
(e) Falsification. No individual may
make, or cause to be made, any of the
following:
(1) Any fraudulent or intentionally
false statement in any application of a
drug testing program.
(2) Any fraudulent or intentionally
false entry in any record or report that
is made, kept, or used to show compliance with this part.
(3) Any reproduction or alteration,
for fraudulent purposes, of any report
or record required to be kept by this
part.

Section 120.107 Substances for which testing
must be conducted.
Each employer shall test each employee who performs a safety-sensitive
function for evidence of marijuana, cocaine, opiates, phencyclidine (PCP),
and amphetamines during each test required by Section 120.109.
Section 120.109 Types
quired.

drug

testing

Employees who must be test-

Each employee, including any assistant, helper, or individual in a training
status, who performs a safety-sensitive
function listed in this section directly
or by contract (including by subcontract at any tier) for an employer
as defined in this subpart must be subject to drug testing under a drug testing program implemented in accordance with this subpart. This includes
full-time, part-time, temporary, and
intermittent employees regardless of
the degree of supervision. The safetysensitive functions are:
(a) Flight crewmember duties.
(b) Flight attendant duties.
(c) Flight instruction duties.
(d) Aircraft dispatcher duties.
(e) Aircraft maintenance and preventive maintenance duties.
(f) Ground security coordinator duties.
(g) Aviation screening duties.
(h) Air traffic control duties.
(i) Operations control specialist duties.
[Doc. No. FAA-2008-0937, 74 FR 22653, May 14,
2009, as amended by Amdt. 120-2, 79 FR 9973,
Feb. 21, 2014]

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Each employer shall conduct the
types of testing described in this section in accordance with the procedures
set forth in this subpart and the DOT
 - Procedures for Transportation Workplace Drug Testing Programs -  (49 CFR
part 40).
(a) Pre-employment drug testing. (1) No
employer may hire any individual for a
safety-sensitive function listed in
Section 120.105 unless the employer first conducts a pre-employment test and receives a verified negative drug test result for that individual.
(2) No employer may allow an individual to transfer from a nonsafetysensitive to a safety-sensitive function
unless the employer first conducts a
pre-employment test and receives a
verified negative drug test result for
the individual.
(3) Employers must conduct another
pre-employment test and receive a
verified negative drug test result before hiring or transferring an individual into a safety-sensitive function
if more than 180 days elapse between
conducting the pre-employment test
required by paragraphs (a)(1) or (2) of
this section and hiring or transferring
the individual into a safety-sensitive
function, resulting in that individual
being brought under an FAA drug testing program.
(4) If the following criteria are met,
an employer is permitted to conduct a
pre-employment test, and if such a test
is conducted, the employer must receive a negative test result before putting the individual into a safety-sensitive function:
(i) The individual previously performed a safety-sensitive function for
the employer and the employer is not
required to pre-employment test the
individual under paragraphs (a)(1) or (2)

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

Section 120.105
ed.

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