DRUG AND ALCOHOL TESTING GUIDANCE

FOR PARTS 121 AND 135 OPERATORS

AND FRACTIONAL OWNERSHIP PROGRAMS

**14 C.F.R. part 121, appendices I and J**

14 C.F.R. part 121, appendices I and J, define covered employees as
employees who perform the following safety-sensitive duties either
directly or by contract for an air carrier operating under part 121 or
135, a sightseeing operator under 14 C.F.R. §135.1(c), or an air traffic
control facility not operated by the FAA or by or under contract to the
U.S. military:

-   Flight crewmember duties

-   Flight attendant duties

-   Flight instruction duties

-   Aircraft dispatcher duties

-   Aircraft maintenance or preventive maintenance duties

-   Ground security coordinator duties

-   Aviation screening duties

-   Air traffic control duties

Required alcohol testing must be conducted immediately before, during,
or immediately after the performance of a safety-sensitive duty.

When the employee is performing, immediately available to perform, or
immediately after performing a safety-sensitive function under 14 C.F.R.
part 121 or 135, the employee is subject to required drug and alcohol
testing under appendices I and J to 14 C.F.R. part 121.

## **14 C.F.R. §91.1047**

In accordance with 14 C.F.R. §91.1047, each program manager of a
fractional ownership operation must provide drug and alcohol misuse
education to each employee and contract employee performing:

-   Flight crewmember duties

-   Flight attendant duties

-   Flight instructor duties

-   Aircraft maintenance duties

If an employee is performing, scheduled to perform, or available to
perform under the fractional ownership rules of 14 C.F.R. part 91,
Subpart K, that employee may not be tested for alcohol under 14 C.F.R.
part 121, appendix J.

When are employees subject to required drug and alcohol testing under 14
C.F.R. part 121, appendices I and J and 49 C.F.R. part 40?

+-----------------------+-----------------------+-----------------------+
| **Operate under Part  | **Operate under Part  | **Operate under part  |
| 121 or 135**          | 91, Subpart K**       | 121 or 135 and 91,    |
|                       |                       | Subpart K**           |
+-----------------------+-----------------------+-----------------------+
| If you and your       | If you and your       | **Whenever** your     |
| covered employees     | employees operate     | covered employees are |
| conduct operations    | **only** under 14     | performing, ready to  |
| under                 | C.F.R. part 91,       | perform, available to |
|                       | subpart K, you may    | perform or have just  |
| 14 C.F.R. part 121 or | **not** conduct drug  | performed             |
| 135, you must comply  | and alcohol testing   | safety-sensitive      |
| and test in           | or give the           | functions in          |
| accordance with 14    | appearance that you   | accordance with part  |
| C.F.R. part 121,      | are testing under the | 135, and if you       |
| appendices I and J,   | auspices 14 C.F.R.    | operate under both,   |
| and 49 C.F.R. part    | part 121, appendices  | part 135 and part 91, |
| 40.                   | I and J and           | subpart K, you must   |
|                       |                       | be in compliance with |
|                       | 49 C.F.R. part 40.    | 14 C.F.R. part 121,   |
|                       |                       | appendices I and J    |
|                       |                       | and                   |
|                       |                       |                       |
|                       |                       | 49 C.F.R. part 40.    |
+-----------------------+-----------------------+-----------------------+
|                       | You may conduct drug  | Aircraft listed on    |
|                       | and alcohol testing   | the part 135          |
|                       | under a company       | operations            |
|                       | testing policy using  | specifications must   |
|                       | **non-Federal** drug  | be maintained in      |
|                       | testing custody and   | accordance with part  |
|                       | control forms and     | 135. Therefore, the   |
|                       | **non-DOT** alcohol   | maintenance and       |
|                       | testing forms.        | preventive            |
|                       |                       | maintenance personnel |
|                       |                       | for those aircraft    |
|                       |                       | must be subject to 14 |
|                       |                       | C.F.R. part 121,      |
|                       |                       | appendices I and J    |
|                       |                       | and 49 C.F.R. part    |
|                       |                       | 40.                   |
+-----------------------+-----------------------+-----------------------+
|                       |                       | Reserve duty depends  |
|                       |                       | on each company's     |
|                       |                       | alcohol misuse        |
|                       |                       | prevention program    |
|                       |                       | informational         |
|                       |                       | materials and policy. |
|                       |                       | A company that        |
|                       |                       | operates under part   |
|                       |                       | 135 is required to    |
|                       |                       | inform its employees  |
|                       |                       | what portion of the   |
|                       |                       | day they are subject  |
|                       |                       | to FAA-required drug  |
|                       |                       | and alcohol testing.  |
+-----------------------+-----------------------+-----------------------+