49 U.S.C. § 45103 — Prohibited service
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 306 words · no verdicts yet
Since October 28, 1991, covered aviation and TSA employees may not illegally use alcohol or drugs and keep working in their safety-sensitive job. Someone caught doing so can only return to work after completing a rehabilitation program. Even after rehab, they still cannot go back to their old duties if they used substances while on duty, already went through rehab before the violation, or refuse rehab now.
(a) Prohibition. After October 28, 1991, a pilot, crew member, airport screener, other safety-sensitive airline employee, or FAA employee with safety-sensitive duties may not illegally use alcohol or a controlled substance and keep serving in that role.
(b) Rehab required to return. Even so, someone found to have illegally used alcohol or drugs after that date may return to that kind of work only after completing the rehabilitation program described in section 45105.
(c) When old duties stay off-limits. Someone the Administrator found to have illegally used alcohol or drugs after that date may not go back to their previous duties if: (1) they used the substance while on duty; (2) they had already started or finished a section 45105 rehab program before the violation happened; or (3) they refuse to start or finish a rehab program after the Administrator's finding.
An individual may not use alcohol or a controlled substance after October 28, 1991, in violation of law or a United States Government regulation and serve as an airman, crewmember, airport security screening employee, air carrier employee responsible for safety-sensitive functions (as decided by the Administrator of the Federal Aviation Administration), or employee of the Administration with responsibility for safety-sensitive functions.
Notwithstanding subsection (a) of this section, an individual found to have used alcohol or a controlled substance after October 28, 1991, in violation of law or a Government regulation may serve as an airman, crewmember, airport security screening employee, air carrier employee responsible for safety-sensitive functions (as decided by the Administrator), or employee of the Administration with responsibility for safety-sensitive functions only if the individual completes a rehabilitation program described in section 45105 of this title.
An individual who served as an airman, crewmember, airport security screening employee, air carrier employee responsible for safety-sensitive functions (as decided by the Administrator), or employee of the Administration with responsibility for safety-sensitive functions and who was found by the Administrator to have used alcohol or a controlled substance after October 28, 1991, in violation of law or a Government regulation may not carry out the duties related to air transportation that the individual carried out before the finding of the Administrator if the individual—
used the alcohol or controlled substance when on duty;
began or completed a rehabilitation program described in section 45105 of this title before using the alcohol or controlled substance; or
refuses to begin or complete a rehabilitation program described in section 45105 of this title after a finding by the Administrator under this section.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1222; Pub. L. 107–71, title I, § 139(2), Nov. 19, 2001, 115 Stat. 640.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1222
- 2001Amended · Pub. L. 107-71 · 115 Stat. 640
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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