[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: 14CFR65.46a]

[Page 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. 65.46a  Misuse of alcohol.

    (a) This section applies to 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 U.S. military 
(covered employees).
    (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 
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.
    (c) On-duty use. No covered employee shall use alcohol while 
performing safety-sensitive functions. 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.
    (d) Pre-duty use. No covered employee shall perform air traffic 
control duties within 8 hours after using alcohol. 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.
    (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 
of this chapter, 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 of this chapter. No employer shall permit an employee who refuses to 
submit to such a test to perform or continue to perform safety-sensitive 
functions.

[Amdt. 65-37, 59 FR 7389, Feb. 15, 1994]