[Code of Federal Regulations]

[Title 14, Volume 2]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR65.46]



[Page 146]

 

                     TITLE 14--AERONAUTICS AND 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 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]