14CFR vol3 part120 - 28 pages

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Section 119.73
14 CFR Ch. I (1-1-19 Edition)
(f) A certificate holder may request a
(c) The provisions of this section do
1997; Amdt. 119-12, 72 FR 54816, Sept. 27, 2007]
120.1
120.3
120.5
120.7
2011]
PART 120 - DRUG AND ALCOHOL
Subpart A - General
Section 119.73 Employment of former FAA
(a) Except as specified in paragraph
(c) of this section, no certificate holder
135 of this chapter may knowingly employ or make a contractu...
(b) For the purpose of this section, an
Subpart B - Individuals Certificated Under
120.11 Refusal to submit to a drug or alcohol test by a Part...
120.13 Refusal to submit to a drug or alcohol test by a Part...
120.15 Refusal to submit to a drug or alcohol test by a Part...
...

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Section 120.7
Subpart E - Drug Testing Program
(b) All individuals who perform, either directly or by contr...
(c) All part 145 certificate holders
(d) All contractors who elect to implement a drug and alcoho...
120.101 Scope.
120.103 General.
120.105 Employees who must be tested.
120.107 Substances for which testing must
120.109 Types of drug testing required.
120.111 Administrative and other matters.
120.113 Medical Review Officer, Substance
120.115 Employee
120.117 Implementing a drug testing program.
120.119 Annual reports.
120.121 Preemption.
120.123 Drug testing outside of the territory
120.125 Waivers from 49 CFR 40.21.
Section 120.3
Subpart F - Alcohol Testing Program
Section 120.5
...

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Section 120.7
14 CFR Ch. I (1-1-19 Edition)
(e) Contractor is an individual or company that performs a s...
(f) Covered employee means an individual who performs, eithe...
(g) DOT agency means an agency (or
(h) Employee is an individual who is
(i) of this section. An employee is also
(i) Employer is a part 119 certificate
(j) Hire means retaining an individual
(k) Performing (a safety-sensitive
(l) Positive rate for random drug testing
(m) Prohibited drug means marijuana,
(n) Refusal to submit to alcohol test
(o) Refusal to submit to drug test means
(p) Safety-sensitive function means a
(q) Verified negative drug test result
(r) Verified positive drug test result
(s) Violation rate for random alcohol
2009; Amdt. 120-0A, 75 FR 3153, Jan. 20, 2010]
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...

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Section 120.17
(b) Refusal by the holder of a certificate issued under part...
65 of this chapter for a period of up to
1 year after the date of such refusal;
65 of this chapter.
Section 120.11 Refusal to submit to a drug or
(a) This section applies to all individuals who hold a certi...
61 of this chapter and who are subject
(b) Refusal by the holder of a certificate issued under part...
2009; Amdt. 120-0A, 75 FR 3153, Jan. 20, 2010]
Subpart C - Air Traffic Controllers
Section 120.17
(a) Each employer shall provide each
(b) No employer may knowingly use
(c) No employer shall knowingly use
(d) Each employer shall test each of
Section 120.13 Refusal to submit to a drug or
(a) This section applies to all individuals who hold a certi...
63 of this chapter and who are subject
(b) Refusal by the holder of a certificate issued under part...
...

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Section 120.19
14 CFR Ch. I (1-1-19 Edition)
2009; Amdt. 120-0A, 75 FR 3153, Jan. 20, 2010]
Section 120.21 Testing for alcohol.
(a) Each air traffic control facility
(b) No employer shall use any individual who meets the defin...
Section 120.19
(a) This section applies to covered
(b) Alcohol concentration. No covered
(c) On-duty use. No covered employee
(d) Pre-duty use. No covered employee
(e) Use following an accident. No covered employee who has a...
(f) Refusal to submit to a required alcohol test. A covered ...
Subpart D - Part 119 Certificate
121 or Part 135 or Operators
Section 120.31 Prohibited drugs.
(a) Each certificate holder or operator shall provide each e...
(b) No certificate holder or operator
Section 120.33 Use of prohibited drugs.
(a) This section applies to individuals
(b) No certificate holder or operator
...

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Section 120.37
(d) For purposes of this section,
(c) No certificate holder or operator
Section 120.37 Misuse of alcohol.
(a) General. This section applies to
(b) Alcohol concentration. No covered
(c) On-duty use. No covered employee
(d) Pre-duty use. (1) No covered employee shall perform flig...
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 i...
(b) Except as provided in paragraph
(c) of this section, no certificate holder
(c) If a certificate holder conducts an
20591, within 10 days after being provided same in accordanc...
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Section 120.39
14 CFR Ch. I (1-1-19 Edition)
(e) Use following an accident. No covered employee who has a...
(f) Refusal to submit to a required alcohol test. A covered ...
Section 120.39
(d) For purposes of this section,
Subpart E - Drug Testing Program
Section 120.101 Scope.
(a) Each certificate holder must establish an alcohol testin...
(b) Except as provided in paragraph
(c) of this section, no certificate holder
(c) If a certificate holder conducts an
20591, within 10 days after being provided same in accordanc...
Section 120.103 General.
(a) Purpose. The purpose of this subpart is to establish a p...
(b) DOT procedures. (1) Each employer
(c) Employer responsibility. As an employer, you are respons...
(d) Applicable Federal Regulations. The
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Section 120.109
(i) Section 67.107 - First-Class Airman Medical Certificate,...
Section 67.207 - Second-Class
Section 67.307 - Third-Class
Section 91.147 - Passenger
(v) Section 135.1 - Applicability
(e) Falsification. No individual may
Section 120.107 Substances for which testing
Section 120.109 Types
(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.
2009, as amended by Amdt. 120-2, 79 FR 9973,
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...

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Section 120.109
14 CFR Ch. I (1-1-19 Edition)
(b) Random drug testing. (1) Except as
(b)(4) of this section, the minimum annual percentage rate f...
50 percent, the Administrator may
25 percent, and the data received under
(i) As an employer, to determine
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Section 120.109
(i) Establish separate pools for random selection, with each...
(c) Post-accident drug testing. Each
(d) Drug testing based on reasonable
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Section 120.111
14 CFR Ch. I (1-1-19 Edition)
(e) Return to duty drug testing. Each
(f) Follow-up drug testing. (1) Each
40.
60 months after the date the individual
Section 120.111 Administrative
(a) MRO record retention requirements.
(b) Access to records. The employer
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Section 120.113
(c) Release of drug testing information.
(d) Refusal to submit to testing. Each
800), 800 Independence Avenue, SW.,
267-5200.
(e) Permanent disqualification from
(f) DOT management information system annual reports. Copies...
(b) Medical Review Officer (MRO). The
(c) Substance Abuse Professional (SAP).
(d) Additional Medical Review Officer,
49 CFR part 40, the MRO must forward
Section 120.113 Medical Review Officer, Substance Abuse Prof...
(a) The employer shall designate or
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Section 120.115
14 CFR Ch. I (1-1-19 Edition)
(i) An individual who the MRO has
(i) Been issued an airman medical
40.
800), 800 Independence Avenue, SW.,
(b) EAP education program. (1) Each
(i) Display and distribution of informational material;
(c) EAP training program. (1) Each employer shall implement ...
(i) The effects and consequences of
(c).
60 minutes of initial training.
Section 120.115 Employee Assistance Program (EAP).
(a) The employer shall provide an
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Section 120.117
2009, as amended by Amdt. 120-1, 78 FR 42003,
Section 120.117 Implementing a drug testing
(a) Each company must meet the requirements of this subpart....
121 or 135.
Section 91.147 of this
121 or 135 and
Section 91.147 of this
20591.
119 certificate
(i) Have an Antidrug and Alcohol Misuse Prevention Program O...
119 certificate
Section 91.147 of this
20591, if you opt to conduct your
20591, if you opt to conduct your
(i) Have a Letter of Authorization,
(i) Have an Antidrug and Alcohol Misuse Prevention Program O...
(i) Register with the FAA, Office of
(b) Use the following chart for implementing a drug testing ...
121 or 135 of this chapter, if you intend
(c) If you are an individual or company that intends to prov...
...

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Section 120.117
14 CFR Ch. I (1-1-19 Edition)
(e) Register your Drug and Alcohol
(i) Company name.
(v) Whether you have 50 or more covered employees, or 49 or ...
Section 91.147 of this chapter, or an air traffic
(i) Have an Antidrug and Alcohol Misuse Prevention Program O...
800), 800 Independence Avenue,
Section 91.147 of this chapter, and
(i) Register with the FAA, Office of
Section 91.147 of this chapter, or an air
(d) Obtaining an Antidrug and Alcohol
(i) Company name.
(v) Whether you have 50 or more safety-sensitive employees, ...
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Section 120.119
(f) Obtaining a Drug and Alcohol Testing Program Registratio...
(i) Company name.
(v) Whether you have 50 or more covered employees, or 49 or ...
Section 91.147 of this chapter, or an air traffic
2009; Amdt. 120-0A, 75 FR 3154, Jan. 20, 2010,
15, 2013]
Section 120.119 Annual reports.
(a) Annual reports of testing results
(b) As an employer, you must use the
40.26 and appendix H to 49 CFR part 40).
(c) A service agent may prepare the
2009; Amdt. 120-0A, 75 FR 3154, Jan. 20, 2010]
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Section 120.121
14 CFR Ch. I (1-1-19 Edition)
(b) Each petition for a waiver must
(c) The Administrator may grant a
Section 120.121 Preemption.
(a) The issuance of 14 CFR parts 65,
91, 121, and 135 by the FAA preempts
121, and 135, including but not limited
(b) The issuance of 14 CFR parts 65,
91, 121, and 135 does not preempt provisions of state crimin...
Subpart F - Alcohol Testing
Section 120.201 Scope.
Section 120.123 Drug testing outside the territory of the Un...
(a) No part of the testing process (including specimen colle...
(b) The provisions of this subpart
Section 120.203 General.
(a) Purpose. The purpose of this subpart is to establish pro...
(b) Alcohol testing procedures. Each
(c) Employer responsibility. As an employer, you are respons...
Section 120.205 Preemption of State and
(a) Except as provided in paragraph
...

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Section 120.217
Section 120.215
(a) Each employee, including any assistant, helper, or indiv...
(b) Each employer must identify any
Section 120.207 Other requirements imposed
Section 120.209 Requirement for notice.
Section 120.211 Applicable Federal regulations.
(a) 49 CFR Part 40 - Procedures for
(b) 14 CFR:
Section 67.207 - Second-Class
Section 91.147 - Passenger
2009, as amended by Amdt. 120-2, 79 FR 9973,
2009; Amdt. 120-0A, 75 FR 3154, Jan. 20, 2010]
Section 120.217
Section 120.213 Falsification.
(a) Any fraudulent or intentionally
(b) Any fraudulent or intentionally
(c) Any reproduction or alteration,
(a) Pre-employment alcohol testing. As
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...

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Section 120.217
14 CFR Ch. I (1-1-19 Edition)
(b) Post-accident alcohol testing. (1) As
(c) Random alcohol testing. (1) Except
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Section 120.217
(i) As an employer, to determine
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Section 120.217
14 CFR Ch. I (1-1-19 Edition)
(i) Establish separate pools for random selection, with each...
(d) Reasonable suspicion alcohol testing. (1) An employer sh...
(d)(2) of this section that there is reasonable suspicion th...
08:20 May 17, 2019

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Section 120.219
(e) Return-to-duty alcohol testing.
(f) Follow-up alcohol testing. (1) Each
60 months after the date the individual
(g) Retesting of covered employees with
Section 120.221(f) if the employer chooses to
Section 120.219 Handling of test results,
(a) Retention of records. (1) General requirement. In additi...
(i) Five years.
67 of this chapter.
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Section 120.221
14 CFR Ch. I (1-1-19 Edition)
(b) Annual reports. (1) Annual reports
(b)(1)(i) through (iii) of this section.
(i) Each part 121 certificate holder
40.26 and appendix H to 49 CFR part 40).
(c) Access to records and facilities. (1)
40. The employer shall promptly provide the records requeste...
Section 120.221 Consequences for employees
(a) Removal from safety-sensitive function. (1) Except as pr...
(b) Permanent disqualification from
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Section 120.223
(c) Notice to the Federal Air Surgeon.
(d) Notice of refusals. Each covered
(e) Required evaluation and alcohol
(f) Other alcohol-related conduct. (1)
(i) The employee-s alcohol concentration measures less than ...
(f)(1) of this section, no employer shall
2009, as amended by Amdt. 120-1, 78 FR 42004,
Section 120.223 Alcohol misuse information,
(a) Employer obligation to promulgate a
08:20 May 17, 2019

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Section 120.225
14 CFR Ch. I (1-1-19 Edition)
(i) The employer shall ensure that a
(i) The identity of the individual designated by the employe...
(v) The circumstances under which a
(x) The consequences for covered employees found to have an ...
(b) Training for supervisors. Each employer shall ensure tha...
(c) Substance abuse professional (SAP)
Section 120.225 How to implement an alcohol
(a) Each company must meet the requirements of this subpart....
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Section 120.225
121 or 135.
Section 91.147 of this
121 or part 135
Section 91.147 of this
119 certificate
(i) Have an Antidrug and Alcohol Misuse Prevention Program O...
20591.
119 certificate
Section 91.147 of this
20591, if you opt to conduct your
20591, if you opt to conduct your
(i) Have a Letter of Authorization,
(i) Have an Antidrug and Alcohol Misuse Prevention Program O...
(i) Register with the FAA, Office of
(b) Use the following chart for implementing an alcohol test...
(c) If you are an individual or a company that intends to pr...
119 certificate holder with authority to
(i) Have an Antidrug and Alcohol Misuse Prevention Program O...
800), 800 Independence Avenue,
08:20 May 17, 2019
...

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Section 120.225
14 CFR Ch. I (1-1-19 Edition)
(e) Register your Drug and Alcohol
(i) Company name.
(v) Whether you have 50 or more covered employees, or 49 or ...
(f) Obtaining a Drug and Alcohol Testing Program Registratio...
(i) Company name.
(i) Register with the FAA, Office of
(d)(1) To obtain an Antidrug and Alcohol Misuse Prevention P...
(i) Company name.
(v) Whether you have 50 or more covered employees, or 49 or ...
08:20 May 17, 2019

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(v) Whether you have 50 or more covered employees, or 49 or ...
Section 91.147 of this chapter, or an air traffic
(b) The provisions of this subpart
2009; Amdt. 120-0A, 75 FR 3154, Jan. 20, 2010,
15, 2013]
Subpart C - Certification Rules for Supplemental Air Carrier...
PART 121 - OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND
50-2 [NOTE]
71 [NOTE]
97 [NOTE]
Subpart A - General
121.1 Applicability.
121.2 Compliance schedule for operators
121.4 Applicability of rules to unauthorized
121.7 Definitions.
121.9 Fraud and falsification.
121.11 Rules applicable to operations in a
121.15 Carriage of narcotic drugs, marihuana, and depressant...
Subpart B - Certification Rules for Domestic
Subpart D - Rules Governing All Certificate
Section 120.227 Employees located outside
...