49 USC 45102: Alcohol and controlled substances testing programs

49 USC 45102: Alcohol and controlled substances testing programs Text contains those laws in effect on January 4, 1995

From Title 49-TRANSPORTATIONSUBTITLE VII-AVIATION PROGRAMSPART A-AIR COMMERCE AND SAFETYsubpart iii-safetyCHAPTER 451-ALCOHOL AND CONTROLLED SUBSTANCES TESTING

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§45102. Alcohol and controlled substances testing programs

(a) Program for Employees of Air Carriers and Foreign Air Carriers.-(1) In the interest of aviation safety, the Administrator of the Federal Aviation Administration shall prescribe regulations not later than October 28, 1992, that establish a program requiring air carriers and foreign air carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of airmen, crewmembers, airport security screening contract personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of alcohol or a controlled substance in violation of law or a United States Government regulation.

(2) When the Administrator considers it appropriate in the interest of safety, the Administrator may prescribe regulations for conducting periodic recurring testing of airmen, crewmembers, airport security screening contract personnel, and other air carrier employees responsible for safety-sensitive functions for the use of alcohol or a controlled substance in violation of law or a Government regulation.

(b) Program for Employees of the Federal Aviation Administration.-(1) The Administrator shall establish a program of preemployment, reasonable suspicion, random, and post-accident testing for the use of alcohol or a controlled substance in violation of law or a Government regulation for employees of the Administration whose duties include responsibility for safety-sensitive functions.

(2) When the Administrator considers it appropriate in the interest of safety, the Administrator may prescribe regulations for conducting periodic recurring testing of employees of the Administration responsible for safety-sensitive functions for use of alcohol or a controlled substance in violation of law or a Government regulation.

(c) Sanctions.-In prescribing regulations under the programs required by this section, the Administrator shall require, as the Administrator considers appropriate, the suspension or revocation of any certificate issued to an individual referred to in this section, or the disqualification or dismissal of the individual, under this chapter when a test conducted and confirmed under this chapter indicates the individual has used alcohol or a controlled substance in violation of law or a Government regulation.

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1221 .)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
45102(a)	49 App.:1434(a)(1).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731 , §614(a); added Oct. 28, 1991, Pub. L. 102–143, §3(a), 105 Stat. 953 .
45102(b)	49 App.:1434(a)(2).
45102(c)	49 App.:1434(a)(3).

In subsections (a)(2) and (b)(2), the word "also" is omitted as surplus.

Rulemaking on Random Testing for Prohibited Drugs

Pub. L. 103–305, title V, §501, Aug. 23, 1994, 108 Stat. 1594 , provided that: "Not later than 180 days after the date of the enactment of this Act [Aug. 23, 1994], the Secretary shall complete a rulemaking proceeding and issue a final decision on whether there should be a reduction in the annualized rate now required by the Secretary of random testing for prohibited drugs for personnel engaged in aviation activities."

Section Referred to in Other Sections

This section is referred to in sections 45104, 45105 of this title.