(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.