[Code of Federal Regulations]
[Title 14, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR65.46]

[Page 121-122]
 
                     TITLE 14--AERONAUTICSAND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS--Table of Contents
 
             Subpart B--Air Traffic Control Tower Operators
 
Sec. 65.46  Use of prohibited drugs.

    (a) The following definitions apply for the purposes of this 
section:
    (1) An employee is a person who performs an air traffic control 
function for an employer. For the purpose of this section, a person who 
performs such a function pursuant to a contract with an employer is 
considered to be performing that function for the employer.
    (2) An ``employer'' means an air traffic control facility not 
operated by the FAA or by or under contract to the U.S. military that 
employs a person to perform an air traffic control function.
    (b) Each employer shall provide each employee performing a function 
listed in appendix I to part 121 of this chapter

[[Page 122]]

and his or her supervisor with the training specified in that appendix. 
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 that appendix.
    (c) No employer may knowingly use any person to perform, nor may any 
person perform for an employer, either directly or by contract, any air 
traffic control function while that person has a prohibited drug, as 
defined in appendix I to part 121 of this chapter, in his or her system.
    (d) No employer shall knowingly use any person to perform, nor may 
any person perform for an employer, either directly or by contract, any 
air traffic control function if the person has a verified positive drug 
test result on or has refused to submit to a drug test required by 
appendix I to part 121 of this chapter and the person has not met the 
requirements of appendix I to part 121 of this chapter for returning to 
the performance of safety-sensitive duties.
    (e) Each employer shall test each of its employees who performs any 
air traffic control function in accordance with appendix I to part 121 
of this chapter. 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 that 
appendix.

[Doc. No. 25148, 53 FR 47056, Nov. 21, 1988, as amended by Amdt. 65-38, 
59 FR 42927, Aug. 19, 1994]