SUBPART E
Drug and alcohol testing programs
147.111 Testing for prohibited drugs
(a)
Each certificate holder shall test each of its employees who performs a
function listed in Appendix I to Part 121 in accordance with that appendix.
(b)
No certificate holder may use any contractor to perform a function listed in
Appendix I to Part 121 unless that contractor tests each employee performing
such a function for the certificate holder in accordance with that appendix.
(c)
Each certificate holder shall submit a drug testing program plan to the ECAA
(specifying the procedures for all testing required by appendix I) . Each
certificate holder shall implement its program not later than 30 days after
approval of the program by the ECAA.
(d) ECAA may conduct random drug testing checks.
(a)
General. This section applies to employees who perform a function listed in
appendix J to Part 121 for a certificate holder (covered employees). For the
purpose of this section, a person who meets the definition of covered employee
in appendix J is considered to be performing the function for the certificate
holder.
(b)
Alcohol concentration. 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. 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.
(c)
On-duty use. No covered employee shall use alcohol while performing
safety-sensitive functions. No certificate holder 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.
(d)
Pre-duty use.
(1)
No covered employee shall perform training duties within 8 hours after using
alcohol. 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.
(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 certificate holder having actual knowledge that such an employee has used
alcohol within 4 hours shall permit the employee to perform or 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 appendix J to Part 121, 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. No covered employee shall refuse
to submit to a post-accident, random, reasonable suspicion, or follow-up
alcohol test required under appendix J to Part 121. No certificate holder shall
permit an employee who refuses to submit to such a test to perform or continue
to perform safety-sensitive functions.
(a)
Each certificate holder must establish an alcohol misuse prevention program in
accordance with the provisions of appendix J to Part 121.
(b)
No certificate holder shall use any person who meets the definition of covered
employee in appendix J to Part 121 to perform a safety-sensitive function
listed in that appendix unless such person is subject to testing for alcohol
misuse in accordance with the provisions of appendix J.
(c)
Each certificate holder shall submit an alcohol misuse prevention program plan
to the ECAA (specifying the procedures for all testing required by appendix J)
not later than
(d) Starting from