(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.
(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.