what regulations are covered by 14 cfr part 1?

23, 2019]. view historical versions Title 14 Chapter I Subchapter A Part 1 Previous Next Top Enhanced Content View table of contents for this page (4) Follow-up testing shall not exceed 60 months after the date the individual begins to perform, or returns to the performance of, a safety-sensitive function. (b) Alcohol testing procedures. If a finance charge that is posted to the account relates to activity for which a . (ii) As an employer, you may use a service agent to perform random selections for you, and your safety-sensitive employees may be part of a larger random testing pool of safety-sensitive employees. This content is from the eCFR and is authoritative but unofficial. (iii) Display and distribution of the employer's policy regarding drug use in the workplace. The decision not to administer a test under this section must be based on a determination, using the best information available at the time of the determination, that the employee's performance could not have contributed to the accident. (i) Have an Antidrug and Alcohol Misuse Prevention Program Operations Specification and a Letter of Authorization, (ii) Implement your combined FAA drug testing program no later than the date you start operations, and, (4) Intend to begin air traffic control operations (at an air traffic control facility not operated by the FAA or by or under contract to the U.S. military). citations and headings View the most recent official publication: These links go to the official, published CFR, which is updated annually. For purposes of pre-employment testing only, the term covered employee includes an individual applying to perform a safety-sensitive function. Learn more. 14 CFR part or section identified and described Current OMB control number Part 13.5: 2120-0795 Part 14: 2120-0539 Part 17: 2120-0632 Part 21: It is not an official legal edition of the CFR. (4) You must update the Antidrug and Alcohol Misuse Prevention Program Operations Specification when any changes to the information contained in the Operation Specification occur. Details eCFR Content Enhanced Content View table of contents for this page. (4) You must conduct all pre-employment alcohol tests using the alcohol testing procedures of 49 CFR part 40. This contact form is only for website help or website suggestions. PART 120DRUG AND ALCOHOL TESTING PROGRAM, Subpart BIndividuals Certificated Under Parts 61, 63, and 65. (n) Safety-sensitive function means a function listed in 120.105 and 120.215. At least two of the employee's supervisors, one of whom is trained in detection of the symptoms of possible drug use, must substantiate and concur in the decision to test an employee who is reasonably suspected of drug use; except that in the case of an employer, other than a part 121 certificate holder, who employs 50 or fewer employees who perform safety-sensitive functions, one supervisor who is trained in detection of symptoms of possible drug use must substantiate the decision to test an employee who is reasonably suspected of drug use. Federal Aviation Administration, Department of Transportation, Air Carriers and Operators for Compensation or Hire: Certification and Operations, https://www.ecfr.gov/current/title-14/chapter-I/subchapter-G/part-120, Individuals Certificated Under Parts 61, 63, and 65. As a All information used for this determination is drawn from the statistical reports required by 120.119. contact the publishing agency. Each EAP must include education and training on drug use for employees and training for supervisors making determinations for testing of employees based on reasonable cause. 49 CFR 172.101 (v) Whether you have 50 or more safety-sensitive employees, or 49 or fewer safety-sensitive employees. 1201, 78 FR 42004, July 15, 2013; Docket DOTOST20210093, 88 FR 27636, May 2, 2023]. (4) 91.147Passenger carrying flights for compensation or hire. 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. eCFR :: 14 CFR Part 43 -- Maintenance, Preventive Maintenance (a) 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 alcohol testing under an alcohol testing program implemented in accordance with this subpart. (3) A service agent may prepare the MIS report on behalf of an employer. 301; 28 U.S.C. here. The new minimum annual percentage rate for random alcohol testing will be applicable starting January 1 of the calendar year following publication. (a) Each company must meet the requirements of this subpart. ( a) Purpose. (1) Except as required by law or expressly authorized or required in this subpart, no employer shall release covered employee information that is contained in records required to be maintained under this subpart. The employer may establish the EAP as a part of its internal personnel services or the employer may contract with an entity that will provide EAP services to an employee. The materials supplied to covered employees may also include information on additional employer policies with respect to the use or possession of alcohol, including any consequences for an employee found to have a specified alcohol level, that are based on the employer's authority independent of this subpart. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. (ii) The start of the employee's next regularly scheduled duty period, but not less than 8 hours following administration of the test. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. will bring you directly to the content. [Amdt. It is not an official legal edition of the CFR. (d) Obtaining an Antidrug and Alcohol Misuse Prevention Program Operations Specification. Comment for 1026.14 - Determination of Annual Percentage Rate user convenience only and is not intended to alter agency intent 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. (3) Each employer shall permit access to all facilities utilized in complying with the requirements of this subpart to the Secretary of Transportation or any DOT agency with regulatory authority over the employer or any of its covered employees. Each year, the Administrator will publish in the Federal Register the minimum annual percentage rate for random alcohol testing of covered employees. (i) 67.107First-Class Airman Medical Certificate, Mental. Title 14, part 1 of the Electronic Code of Federal Regulations. Notification must be sent to: Federal Aviation Administration, Office of Aerospace Medicine, Drug Abatement Division (AAM800), 800 Independence Avenue, SW., Washington, DC 20591, or by fax to (202) 2675200. (9) Operations control specialist duties. (E) Materials on alcohol misuse awareness, including a copy of the employer's policy on alcohol misuse. 106(f), 106(g), 40113, 44701. Each employer shall retest a covered employee to ensure compliance with the provisions of 120.221(f) if the employer chooses to permit the employee to perform a safety-sensitive function within 8 hours following the administration of an alcohol test indicating an alcohol concentration of 0.02 or greater but less than 0.04. (iii) 67.307Third-Class Airman Medical Certificate, Mental. (d) All contractors who elect to implement a drug and alcohol testing program under this part. (2) 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). Using the eCFR Point-in-Time System The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. (2) The employer's supervisory personnel who will determine when an employee is subject to testing based on reasonable cause shall receive specific training on specific, contemporaneous physical, behavioral, and performance indicators of probable drug use in addition to the training specified in 120.115 (c). eCFR :: 14 CFR Part 61 -- Certification: Pilots, Flight Instructors Drug testing outside the territory of the United States. (H) Certification that any training conducted under this subpart complies with the requirements for such training. No covered employee shall use alcohol while performing safety-sensitive functions. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. (j) Positive rate for random drug testing means the number of verified positive results for random drug tests conducted under subpart E of this part, plus the number of refusals of random drug tests required by subpart E of this part, divided by the total number of random drug test results (i.e., positives, negatives, and refusals) under subpart E of this part. (i) The employer shall ensure that a copy of these materials is distributed to each covered employee prior to the start of alcohol testing under the employer's FAA-mandated alcohol testing program and to each individual subsequently hired for or transferred to a covered position. (c) Employer responsibility. It is not an official legal edition of the CFR. (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. eCFR :: 14 CFR Part 39 -- Airworthiness Directives (FAR Part 39) (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. (7) Each employer shall ensure that random alcohol tests conducted under this subpart are unannounced and that the dates for administering random tests are spread reasonably throughout the calendar year. Under the selection process used, each covered employee shall have an equal chance of being tested each time selections are made. (2) Compliance with the State or local requirement is an obstacle to the accomplishment and execution of any requirement in this subpart. (a) Each certificate holder or operator shall provide each employee performing a function listed in subpart E of this part, and his or her supervisor, with the training specified in that subpart. (a) Pre-employment alcohol testing. If the individual answers in the affirmative to either question, in addition to notifying the employer in accordance with 49 CFR part 40, the MRO must forward to the Federal Air Surgeon, at the address listed in paragraph (d)(5) of this section, the name of the individual, along with identifying information and supporting documentation, within 2 working days after verifying a positive drug test result or refusal to submit to a test. It is not an official legal edition of the CFR. (g) Retesting of covered employees with an alcohol concentration of 0.02 or greater but less than 0.04. (c) Post-accident drug testing. (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. It is not an official legal edition of the CFR. 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 alcohol testing program. (10) If a given covered employee is subject to random alcohol testing under the alcohol testing rules of more than one DOT agency, the employee shall be subject to random alcohol testing at the percentage rate established for the calendar year by the DOT agency regulating more than 50 percent of the employee's functions. (a) Purpose. (1) General requirement. (2) Required content. or existing codification. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. (iii) Meet the requirements of this subpart as if you were an employer. (2) No employer may allow an individual to transfer from a nonsafety-sensitive 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. (b) Alcohol concentration. A separate drafting site FAA20080937, 74 FR 22653, May 14, 2009; Amdt. eCFR :: 14 CFR 29.21 -- Proof of compliance. (FAR 29.21) Organization and Purpose (FAR 39.15) Agencies that are currently associated with specific eCFR content are now displayed in the "Details" sidebar area. the hierarchy of the document. We recommend you directly contact the agency associated with the content in question. FAA20080937, 74 FR 22653, May 14, 2009, as amended by Amdt. eCFR :: 14 CFR Part 150 -- Airport Noise Compatibility Planning (FAR (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. The purpose of this part is to establish a program designed to help prevent accidents and injuries resulting from the use of prohibited drugs or the misuse of alcohol by employees who perform safety-sensitive functions in aviation. (10) If an employer is required to conduct random drug testing under the drug testing rules of more than one DOT agency, the employer may, (i) Establish separate pools for random selection, with each pool containing the covered employees who are subject to testing at the same required rate; or. 1/1.1 106(g), 40113, 44721. FAR). will also bring you to search results. guide. (2) An employee who has engaged in prohibited drug use during the performance of a safety-sensitive function after September 19, 1994 is permanently precluded from performing that safety-sensitive function for an employer. eCFR :: 14 CFR Part 125 Subpart E -- Special Airworthiness Requirements (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. Title 14: Aeronautics and Space List of Subjects revised as of April 1, 2023. (d) Each employer shall test each of its employees who perform any air traffic control function in accordance with subpart E of this part. (ii) Each entity conducting an alcohol testing program under this part, other than a part 121 certificate holder, that has 50 or more employees performing a safety-sensitive function on January 1 of any calendar year shall submit an annual report to the FAA for that calendar year. After the individual obtains this airman medical certificate, the SAP may recommend to the employer that the individual may be returned to a safety-sensitive position. (ii) Randomly select such employees for testing at the highest percentage rate established for the calendar year by any DOT agency to which the employer is subject. 14 CFR 1 Definitions And Abbreviations - Code of Federal Regulations 14 CFR Part 1 - DEFINITIONS AND ABBREVIATIONS | Electronic Code of Federal Regulations (e-CFR) | US Law | LII / Legal Information Institute LII Electronic Code of Federal Regulations (e-CFR) Title 14 - Aeronautics and Space CHAPTER I - FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION SUBCHAPTER A - DEFINITIONS AND GENERAL REQUIREMENTS (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. (2) An employee who engages in alcohol use that violates another alcohol misuse provision of 120.19 or 120.37, and who had previously engaged in alcohol use that violated the provisions of 120.19 or 120.37 after becoming subject to such prohibitions, is permanently precluded from performing for an employer the safety-sensitive duties the employee performed before such violation. 47.7 United States citizens and resident aliens. (1) Except as provided in paragraphs (c)(2) through (c)(4) of this section, the minimum annual percentage rate for random alcohol testing will be 25 percent of the covered employees. Air transportation 14 CFR Part 3_General requirements. Administrative claim, when presented; appropriate office. 1201, 78 FR 42003, July 15, 2013]. (d) Additional Medical Review Officer, Substance Abuse Professional, and Employer Responsibilities Regarding 14 CFR part 67 Airman Medical Certificate Holders. 120.223 Alcohol misuse information, training, and substance abuse professionals. eCFR :: 14 CFR 14.02 -- Proceedings covered. (FAR 14.02) (c) Any reproduction or alteration, for fraudulent purposes, of any report or record required to be kept by this subpart. [Docket No. If a test required by this section is not administered within 8 hours following the determination made under paragraph (d)(2) of this section, the employer shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test. (1) Except as provided in paragraphs (b)(2) through (b)(4) of this section, the minimum annual percentage rate for random drug testing shall be 50 percent of covered employees. FAA20080937, 74 FR 22653, May 14, 2009, (3) All documents must be sent to the Federal Air Surgeon, Federal Aviation Administration, Office of Aerospace Medicine, Attn: Drug Abatement Division (AAM800), 800 Independence Avenue, SW., Washington, DC 20591. (i) Performing (a safety-sensitive function): an employee is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform such function. [Doc. It is not an official legal edition of the CFR. (3) The Administrator reserves the right to require that aviation employers not otherwise required to submit annual reports prepare and submit such reports to the FAA. (6) A contractor who has your own drug testing program. (b) All individuals who perform, either directly or by contract, a safety-sensitive function listed in subpart E or subpart F of this part. (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. Each employer must test each employee who performs a safety-sensitive function and who is reasonably suspected of having used a prohibited drug. (2) The employer's determination that reasonable suspicion exists to require the covered employee to undergo an alcohol test shall be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. (d) Reasonable suspicion alcohol testing. 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 alcohol testing program. (ii) Implement an FAA alcohol testing program no later than the date you start operations, and. (b) No employer may knowingly use any individual to perform, nor may any individual perform for an employer, either directly or by contract, any air traffic control function while that individual has a prohibited drug, as defined in this part, in his or her system. (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). 47.5 Applicants. 120.107 Substances for which testing must be conducted. eCFR :: 14 CFR Part 107 -- Small Unmanned Aircraft Systems (FAR Part 107) Send the updates to the address specified in paragraph (f)(2) of this section. Learn more about the eCFR, its status, and the editorial process. (a) Annual reports of testing results must be submitted to the FAA by March 15 of the succeeding calendar year for the prior calendar year (January 1 through December 31) in accordance with the following provisions: (1) Each part 121 certificate holder shall submit an annual report each year. No employer may use any contractor to perform an air traffic control function unless that contractor provides each of its employees performing that function for the employer, and his or her supervisor, with the training specified in subpart E of this part. However, a company official (e.g., Designated Employer Representative as defined in 49 CFR part 40) must certify the accuracy and completeness of the MIS report, no matter who prepares it. The SAP may terminate the requirement for follow-up testing at any time after the first six tests have been conducted, if the SAP determines that such testing is no longer necessary. (A) Documents related to the random selection process. Notification must be sent to: Federal Aviation Administration, Office of Aerospace Medicine, Drug Abatement Division (AAM800), 800 Independence Avenue, SW., Washington, DC 20591, or by fax to (202) 2675200. (i) If a test required by this section is not administered within 2 hours following the determination made under paragraph (d)(2) of this section, the employer shall prepare and maintain on file a record stating the reasons the test was not promptly administered. Legislation & Policies; Regulations & Guidelines; Advisory Circulars; Top Tasks. (3) The employer must direct the employee to undergo testing for alcohol in accordance with subpart F of this part, in addition to drugs, if the Substance Abuse Professional determines that alcohol testing is necessary for the particular employee. (i) Register with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM800), 800 Independence Avenue SW., Washington, DC 20591, prior to starting operations. (2) Except as provided in paragraph (f)(1) of this section, no employer shall take any action under this rule against an employee based solely on test results showing an alcohol concentration less than 0.04. Title 14 was last amended 6/16/2023. If you are an employer conducting random testing more often than once per month (e.g., you select daily, weekly, bi-weekly) you do not need to compute this total number of safety-sensitive employees more than on a once per month basis. 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. (g) Employer is a part 119 certificate holder with authority to operate under parts 121 and/or 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. If you have questions or comments regarding a published document please (Part 119 certificate holders with authority to operate only under part 121 of this chapter are not required to provide this information.). You may also use the electronic version of the MIS form provided by the DOT. (a) No covered employee shall be tested for alcohol misuse while located outside the territory of the United States. 382.3 What do the terms in this rule mean? 14 CFR Part 1 Definitions and abbreviations of aviation terms. It is not an official legal edition of the CFR. As an employer, you are responsible for all actions of your officials, representatives, and service agents in carrying out the requirements of the DOT agency regulations. 47.1 Applicability. FAA20080937, 74 FR 22653, May 14, 2009; Amdt. (1) No covered employee tested under this subpart who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions for an employer, nor shall an employer permit the employee to perform or continue to perform safety-sensitive functions, until: (i) The employee's alcohol concentration measures less than 0.02; or. (b) Alcohol concentration. Employers that will be required to submit annual reports under this provision will be notified in writing by the FAA. 120.109 Types of drug testing required. 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. If you have questions for the Agency that issued the current document please contact the agency directly. (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: (3) This Drug and Alcohol Testing Program Registration will satisfy the registration requirements for both your drug testing program under subpart E of this part and your alcohol testing program under this subpart. (ii) Notwithstanding the absence of a reasonable suspicion alcohol test under this section, no covered employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions while the employee is under the influence of, or impaired by, alcohol, as shown by the behavioral, speech, or performance indicators of alcohol misuse, nor shall an employer permit the covered employee to perform or continue to perform safety-sensitive functions until: (A) An alcohol test is administered and the employee's alcohol concentration measures less than 0.02; or. (4) Update the registration information as changes occur. Air carriers Aircraft Airmen Aviation safety Reporting and recordkeeping requirements Safety Transportation 14 CFR Part 11_General rulemaking procedures . No. Learn more. (A) To calculate whether you have met the annual minimum percentage rate, count all random screening test results below 0.02 breath alcohol concentration, random screening test results of 0.02 or greater breath alcohol concentration, and random refusals as your random alcohol screening test results.. (a) Purpose. Organization and Purpose (f) Obtaining a Drug and Alcohol Testing Program Registration from the FAA. (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. (2) 67.207Second-Class Airman Medical Certificate, Mental. As an employer, you may, but are not required to, conduct pre-employment alcohol testing under this subpart. 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.

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