[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: 14CFR65.46a]



[Page 146-147]

 

                     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. 65.46a  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.



[[Page 147]]



    (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]