[Code of Federal Regulations]
[Title 14, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR121.458]

[Page 841]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 121_OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS--
 
                   Subpart O_Crewmember Qualifications
 
Sec. 121.458  Misuse of alcohol.

    (a) General. This section applies to employees who perform a 
function listed in appendix J to this part for a certificate holder 
(covered employees). For the purpose of this section, a person who meets 
the definition of covered employee in appendix J is considered to be 
performing the function for the certificate holder.
    (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 
certificate holder 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 certificate holder 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. (1) No covered employee shall perform flight 
crewmember or flight attendant duties within 8 hours after using 
alcohol. No certificate holder having actual knowledge that such an 
employee has used alcohol within 8 hours shall permit the employee to 
perform or continue to perform the specified duties.
    (2) No covered employee shall perform safety-sensitive duties other 
than those specified in paragraph (d)(1) of this section within 4 hours 
after using alcohol. No certificate holder having actual knowledge that 
such an employee has used alcohol within 4 hours shall permit the 
employee to perform or continue to perform safety-sensitive functions.
    (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 of this 
part, 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. A covered employee 
must not refuse to submit to any alcohol test required under appendix J 
to this part. A certificate holder must not permit an employee who 
refuses to submit to such a test to perform or continue to perform 
safety-sensitive functions.

[Amdt. 121-237, 59 FR 7389, Feb. 15, 1994, as amended by Amdt. 121-325, 
71 FR 35764, June 21, 2006]

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