49 U.S.C. § 45102 : US Code - Section 45102: Alcohol and controlled substances testing programs

Search 49 U.S.C. § 45102 : US Code - Section 45102: Alcohol and controlled substances testing programs

(a) Program for Employees of Air Carriers and Foreign Air
Carriers. - (1) In the interest of aviation safety, the
Administrator of the Federal Aviation Administration shall
prescribe regulations that establish a program requiring air
carriers and foreign air carriers to conduct preemployment,
reasonable suspicion, random, and post-accident testing of airmen,
crew members, airport security screening personnel, and other air
carrier employees responsible for safety-sensitive functions (as
decided by the Administrator) for the use of a controlled substance
in violation of law or a United States Government regulation; and
to conduct reasonable suspicion, random, and post-accident testing
of airmen, crew members, airport security screening personnel, and
other air carrier employees responsible for safety-sensitive
functions (as decided by the Administrator) for the use of alcohol
in violation of law or a United States Government regulation. The
regulations shall permit air carriers and foreign air carriers to
conduct preemployment testing of airmen, crew members, airport
security screening personnel, and other air carrier employees
responsible for safety-sensitive functions (as decided by the
Administrator) for the use of alcohol.
(2) When the Administrator considers it appropriate in the
interest of safety, the Administrator may prescribe regulations for
conducting periodic recurring testing of airmen, crewmembers,
airport security screening personnel, and other air carrier
employees responsible for safety-sensitive functions for the use of
alcohol or a controlled substance in violation of law or a
Government regulation.
(b) Program for Employees of the Federal Aviation Administration.
- (1) The Administrator shall establish a program of preemployment,
reasonable suspicion, random, and post-accident testing for the use
of a controlled substance in violation of law or a United States
Government regulation for employees of the Administration whose
duties include responsibility for safety-sensitive functions and
shall establish a program of reasonable suspicion, random, and post-
accident testing for the use of alcohol in violation of law or a
United States Government regulation for such employees. The
Administrator may establish a program of preemployment testing for
the use of alcohol for such employees.
(2) When the Administrator considers it appropriate in the
interest of safety, the Administrator may prescribe regulations for
conducting periodic recurring testing of employees of the
Administration responsible for safety-sensitive functions for use
of alcohol or a controlled substance in violation of law or a
Government regulation.
(c) Sanctions. - In prescribing regulations under the programs
required by this section, the Administrator shall require, as the
Administrator considers appropriate, the suspension or revocation
of any certificate issued to an individual referred to in this
section, or the disqualification or dismissal of the individual,
under this chapter when a test conducted and confirmed under this
chapter indicates the individual has used alcohol or a controlled
substance in violation of law or a Government regulation.