what regulations are covered by 14 cfr part 1?

This is an automated process for (2) Send this information to the Federal Aviation Administration, Office of Aerospace Medicine, Drug Abatement Division (AAM800), 800 Independence Avenue SW., Washington, DC 20591. 47.7 United States citizens and resident aliens. Any such alcohol testing shall be conducted in accordance with the provisions of 49 CFR part 40. (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. (b) Each petition for a waiver must be submitted to the Federal Aviation Administration, Office of Aerospace Medicine, Drug Abatement Division (AAM800), 800 Independence Avenue, SW., Washington, DC 20591. (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) of this section before putting the individual to work in a safety-sensitive function; (ii) The employer removed the individual from the employer's random testing program conducted under this subpart for reasons other than a verified positive test result on an FAA-mandated drug test or a refusal to submit to such testing; and. Source: 67 FR 36493, May 23, 2002, unless otherwise noted. (f) Obtaining a Drug and Alcohol Testing Program Registration from the FAA. (e) Permanent disqualification from service. 120.117 Implementing a drug testing program. (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. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. FAR). (2) The Administrator's decision to increase or decrease the minimum annual percentage rate for random alcohol testing is based on the violation rate for the entire industry. (5) Documentation of all training given to employees and supervisory personnel must be included in the training program. Each employer shall ensure that before a covered employee returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited in 120.19 or 120.37 the employee shall undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02. will bring you directly to the content. (b) Medical Review Officer (MRO). All information used for this determination is drawn from MIS reports required by this subpart. (B) To calculate the average number of safety-sensitive employees eligible for random testing throughout the year, add the total number of safety-sensitive employees eligible for testing during each random testing period for the year and divide that total by the number of random testing periods. Title 14, part 1 of the Electronic Code of Federal Regulations. Drug testing outside the territory of the United States. (2) Any fraudulent or intentionally false entry in any record or report that is made, kept, or used to show compliance with this part. The provisions of part 21 of this chapter do not apply to small unmanned aircraft systems operated under this part unless the small unmanned aircraft system will operate over human beings in accordance with 107.140. Handling of test results, record retention, and confidentiality. (1) Each employee who is assigned to perform safety-sensitive functions solely outside the territory of the United States shall be removed from the random testing pool upon the inception of such assignment. Choosing an item from (i) As an employer, to determine whether you have met the minimum annual percentage rate, you must divide the number of random alcohol screening test results for safety-sensitive employees by the average number of safety-sensitive employees eligible for random testing. (vii) The requirement that a covered employee submit to alcohol tests administered in accordance with this subpart. FAA20080937, 74 FR 22653, May 14, 2009, as amended by Amdt. (n) Safety-sensitive function means a function listed in 120.105 and 120.215. (iv) Type of safety-sensitive functions you or your employees perform (such as flight instruction duties, aircraft dispatcher duties, maintenance or preventive maintenance duties, ground security coordinator duties, aviation screening duties, air traffic control duties). 1201, 78 FR 42005, July 15, 2013]. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. (2) A covered employee is entitled, upon written request, to obtain copies of any records pertaining to the employee's use of alcohol, including any records pertaining to his or her alcohol tests in accordance with 49 CFR part 40. The SAP must perform the functions set forth in 49 CFR part 40, subpart O, and this subpart. (9) A covered employee shall only be randomly tested while the employee is performing safety-sensitive functions; just before the employee is to perform safety-sensitive functions; or just after the employee has ceased performing such functions. (5) The selection of employees for random alcohol testing shall be made by a scientifically valid method, such as a random-number table or a computer-based random number generator that is matched with employees' Social Security numbers, payroll identification numbers, or other comparable identifying numbers. 120.11 Refusal to submit to a drug or alcohol test by a Part 61 certificate holder. Legislation & Policies; Regulations & Guidelines; Advisory Circulars; Top Tasks. (9) If a given covered employee is subject to random drug testing under the drug testing rules of more than one DOT agency, the employee shall be subject to random drug testing at the percentage rate established for the calendar year by the DOT agency regulating more than 50 percent of the employee's function. No individual may make, or cause to be made, any of the following: (a) Any fraudulent or intentionally false statement in any application of an alcohol testing program. (b) Access to records. (b) Alcohol concentration. Part 1 - Definitions And Abbreviations. 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. (b) Refusal by the holder of a certificate issued under part 63 of this chapter to take a drug or alcohol test required under the provisions of this part is grounds for: (1) Denial of an application for any certificate or rating issued under part 63 of this chapter for a period of up to 1 year after the date of such refusal; and. 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. It is not an official legal edition of the CFR. (1) Each employer shall implement a reasonable program of initial training for employees. A covered employee may not refuse to submit to any alcohol test required under subpart F of this part. Air transportation 14 CFR Part 3_General requirements. (2) Each covered employee who is removed from the random testing pool under this paragraph shall be returned to the random testing pool when the employee resumes the performance of safety-sensitive functions wholly or partially within the territory of the United States. (5) Before hiring or transferring an individual to a safety-sensitive function, the employer must advise each individual that the individual will be required to undergo pre-employment testing in accordance with this subpart, to determine the presence of a prohibited drug in the individual's system. 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. view historical versions There have been changes in the last two weeks to Chapter I. view changes Title 14 Chapter I Previous Next Top eCFR Content eCFR Content No employer may use any contractor to perform any air traffic control function unless that contractor tests each employee performing such a function for the employer in accordance with subpart E of this part. For example: (A) If the service agent has your employees in a random testing pool for your company alone, you must ensure that the testing is conducted at least at the minimum annual percentage rate under this part. Title 14: Aeronautics and Space: Part / Section; Chapter I: Federal Aviation Administration, Department of Transportation: 1 - 199: (C) If the service agent has your employees in a random testing pool combined with other DOT-regulated companies, you must ensure that the testing is conducted at least at the highest rate required for any DOT-regulated company in the pool. Background and more details are available in the (Part 119 certificate holders with authority to operate only under part 121 of this chapter are not required to provide this information.). (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. (d) Contractor is an individual or company that performs a safety-sensitive function by contract for an employer or another contractor. (c) Substance abuse professional (SAP) duties. 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. (a) This section applies to all individuals who hold a certificate under part 61 of this chapter and who are subject to drug and alcohol testing under this part. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. The employer shall promptly provide the records requested by the employee. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. 120.221 Consequences for employees engaging in alcohol-related conduct. (1) To obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification, you must contact your FAA Principal Operations Inspector or Principal Maintenance Inspector. information or personal data. http://www.faa.gov/about/office_org/headquarters_offices/avs/offices/aam/drug_alcohol. (3) 67.307Third-Class Airman Medical Certificate, Mental. This section applies to covered employees who perform a function listed in subpart F of this part for a certificate holder. An employer may not permit an employee who refuses to submit to such a test to perform or continue to perform safety-sensitive functions. FAA20080937, 74 FR 22653, May 14, 2009, unless otherwise noted. You may also use the electronic version of the MIS form provided by DOT. (1) Records concerning drug tests confirmed positive by the laboratory shall be maintained by the MRO for 5 years. citations and headings (E) Materials on alcohol misuse awareness, including a copy of the employer's policy on alcohol misuse. Title 14 was last amended 6/16/2023. 120.115 Employee Assistance Program (EAP). 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. The employee shall submit to post-accident testing under this section. [Doc. The test cannot occur until after the SAP has determined that the employee has successfully complied with the prescribed education and/or treatment. Timeline views are not currently available for tables of contents. This includes full-time, part-time, temporary, and intermittent employees regardless of the degree of supervision. The supervisor who makes the determination that reasonable suspicion exists shall not conduct the breath alcohol test on that employee. (1) Except as provided in paragraphs (d) and (e) of this section, to obtain a Drug and Alcohol Testing Program Registration from the FAA, you must submit the following information to the Office of Aerospace Medicine, Drug Abatement Division: (vi) A signed statement indicating that: your company will comply with this part and 49 CFR part 40; and you intend to provide safety-sensitive functions by contract (including subcontract at any tier) to a part 119 certificate holder with authority to operate under part 121 or part 135 of this chapter, an operator as defined in 91.147 of this chapter, or an air traffic control facility not operated by the FAA or by or under contract to the U.S. military. 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. (B) The start of the employee's next regularly scheduled duty period, but not less than 8 hours following the determination made under paragraph (d)(2) of this section that there is reasonable suspicion that the employee has violated the alcohol misuse provisions in 120.19 or 120.37. will bring you to those results. Alcohol misuse information, training, and substance abuse professionals. (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 (s) 21-98, 45-29). (6) MROs, SAPs, and employers who send reports to the Federal Air Surgeon must keep a copy of each report for 5 years. Learn more. Pressing enter in the search box The following applicable regulations appear in 49 CFR and 14 CFR: (a) 49 CFR Part 40Procedures for Transportation Workplace Drug Testing Programs. (a) Pre-employment alcohol testing. The test cannot occur until after the SAP has determined that the employee has successfully complied with the prescribed education and/or treatment. (a) No part of the testing process (including specimen collection, laboratory processing, and MRO actions) shall be conducted outside the territory of the United States. 382.3 What do the terms in this rule mean? No. (3) A covered employee who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the employer to have refused to submit to testing. No employer shall allow an individual required to undergo return-to-duty testing to perform a safety-sensitive function unless the employer has received a verified negative drug test result for the individual. (2) Should the employer change MRO's for any reason, the employer shall ensure that the former MRO forwards all records maintained pursuant to this rule to the new MRO within ten working days of receiving notice from the employer of the new MRO's name and address. It is divided into 50 titles that represent broad areas subject to Federal regulation. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. 301; 28 U.S.C. (1) Each employer shall ensure that the employee who engages in conduct prohibited by 120.19 or 120.37, is subject to unannounced follow-up alcohol testing as directed by a SAP. (d) Refusal to submit to testing. (5) A part 145 certificate holder who has your own drug testing program. The following applicable regulations appear in 49 CFR or 14 CFR: (1) 49 CFR Part 40Procedures for Transportation Workplace Drug Testing Programs. Only safety-sensitive employees are to be in an employer's random testing pool, and all safety-sensitive employees must be in the random pool. switch to eCFR drafting site. (8) Each employer shall require that each safety-sensitive employee who is notified of selection for random drug testing proceeds to the collection site immediately; provided, however, that if the employee is performing a safety-sensitive function at the time of the notification, the employer shall instead ensure that the employee ceases to perform the safety-sensitive function and proceeds to the collection site as soon as possible. (iii) No employer shall take any action under this subpart against a covered employee based solely on the employee's behavior and appearance in the absence of an alcohol test. (c) Any reproduction or alteration, for fraudulent purposes, of any report or record required to be kept by this subpart. (d) Reasonable suspicion alcohol testing. (4) If you are a part 119 certificate holder with authority to operate under parts 121 or 135 and intend to begin operations as defined in 91.147 of this chapter, you must also advise the Federal Aviation Administration, Office of Aerospace Medicine, Drug Abatement Division (AAM800), 800 Independence Avenue SW., Washington, DC 20591. FAA20080937, 74 FR 22653, May 14, 2009; Amdt. (a) The employer shall provide an EAP for employees. Regulation Y The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. After the covered employee obtains this airman medical certificate, the SAP may recommend to the employer that the covered employee may be returned to a safety-sensitive position. (4) No covered employee who is required to hold an airman medical certificate in order to perform a safety-sensitive duty may perform that duty following a violation of this subpart until the covered employee obtains an airman medical certificate issued by the Federal Air Surgeon dated after the alcohol test result or refusal to test date. Obtain a Letter of Authorization by contacting the Flight Standards District Office nearest to your principal place of business. (b) As an employer, you must use the Management Information System (MIS) form and instructions as required by 49 CFR part 40 (at 49 CFR 40.26 and appendix J to 49 CFR part 40). It is not an official legal edition of the CFR. This part applies to the following persons: (a) All air carriers and operators certificated under part 119 of this chapter authorized to conduct operations under part 121 or part 135 of this chapter, all air traffic control facilities not operated by the FAA or by or under contract to the U.S. military; and all operators as defined in 14 CFR 91.147. View the most recent official publication: These links go to the official, published CFR, which is updated annually. (c) No employer shall knowingly use any individual to perform, nor may any individual perform for an employer, either directly or by contract, any air traffic control function if the 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 subpart E of this part for returning to the performance of safety-sensitive duties. This content is from the eCFR and is authoritative but unofficial. 314.1 Purpose and scope. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. Subpart FAlcohol Testing Program Requirements. (b) The provisions of this subpart shall not apply to any person who performs a safety-sensitive function by contract for an employer outside the territory of the United States. Airworthiness directives specify inspections you must carry out, conditions and limitations you must comply with, and any actions you must take to resolve an unsafe condition. (v) Whether you have 50 or more safety-sensitive employees, or 49 or fewer safety-sensitive employees. Your employees who perform safety-sensitive duties must be tested in accordance with this subpart. Administrative claim, when presented; appropriate office. Obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification by contacting your Principal Maintenance Inspector or register with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM800), 800 Independence Avenue SW., Washington, DC 20591, if you opt to conduct your own drug testing program. You may also use the electronic version of the MIS form provided by the DOT. (3) This Drug and Alcohol Testing Program Registration will satisfy the registration requirements for both your drug testing program under this subpart and your alcohol testing program under subpart F of this part. 14 CFR Part 61 Certification of Pilots, Flight Instructors, and Ground Instructors. 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. Organization and Purpose 120.13 Refusal to submit to a drug or alcohol test by a Part 63 certificate holder. Prior to conducting any alcohol test on a covered employee subject to the alcohol testing regulations of more than one DOT agency, the employer must determine which DOT agency authorizes or requires the test. (c) Employer responsibility. FAA20080937, 74 FR 22653, May 14, 2009; Amdt. The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. 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. Use it to determine whether you need to have an Antidrug and Alcohol Misuse Prevention Program Operations Specification, Letter of Authorization, or Drug and Alcohol Testing Program Registration from the FAA. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. (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. (a) Each company must meet the requirements of this subpart. 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 safety-sensitive functions. PART 314STANDARDS FOR SAFEGUARDING CUSTOMER INFORMATION Authority: 15 U.S.C. (2) The number and frequency of such testing shall be determined by the employer's Substance Abuse Professional conducted in accordance with the provisions of 49 CFR part 40, but shall consist of at least six tests in the first 12 months following the employee's return to duty. The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. 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. (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. (ix) The consequences for covered employees found to have violated the prohibitions in this chapter, including the requirement that the employee be removed immediately from performing safety-sensitive functions, and the process in 49 CFR part 40, subpart O. If a pre-employment test result under this paragraph indicates an alcohol concentration of 0.02 or greater but less than 0.04, the provisions of 120.221(f) apply. Each employer having a drug and alcohol testing program under this part must ensure that all drug and alcohol testing conducted pursuant to this part complies with the procedures set forth in 49 CFR part 40. (c) On-duty use. (1) Each employer shall implement a reasonable program of unannounced testing of each individual who has been hired to perform or who has been returned to the performance of a safety-sensitive function after refusing to submit to a drug test required by this subpart or receiving a verified positive drug test result on a test conducted under this subpart. An employee is also an individual who transfers into a position to perform a safety-sensitive function for an employer. This web site is designed for the current versions of Each covered employer must notify the FAA within 2 working days of any covered employee who holds a certificate issued under part 61, part 63, or part 65 of this chapter who has refused to submit to an alcohol test required under this subpart. [Doc. (c) Employer responsibility. An employer may use a contract employee who is not included under that employer's FAA-mandated drug and alcohol testing program to perform a safety-sensitive function only if that contract employee is included under the contractor's FAA-mandated drug and alcohol testing program and is performing a safety-sensitive function on behalf of that contractor (i.e., within the scope of employment with the contractor.).
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