Page:United States Statutes at Large Volume 105 Part 1.djvu/982

 105 STAT. 954 PUBLIC LAW 102-143—OCT. 28, 1991 Regulations. also prescribe regulations, as the Administrator considers appropriate in the interest of safety, for the conduct of periodic recurring testing of such employees for such use in violation of law or Federal regulation. "(3) SUSPENSION; REVOCATION; DISQUALIFICATION; DISMISSAL. — In prescribing regulations under the programs required by this subsection, the Administrator shall require, as the Administrator considers appropriate, the suspension or revocation of any certificate issued to such an individual, or the disqualification or dismissal of any such individual, in accordance with the provisions of this section, in any instance where a test conducted and confirmed under this section indicates that such individual has used, in violation of law or Federal regulation, alcohol or a controlled substance. '(b) PROHIBITION ON SERVICE. — "(1) PROHIBITED ACT. —It is unlawful for a person to use, in violation of law or Federal regulation, alcohol or a controlled substance after the date of enactment of this section and serve as an airman, crewmember, airport security screening contract personnel, air carrier employee responsible for safety-sensitive functions (as determined by the Administrator), or employee of the Federal Aviation Administration with responsibility for safety-sensitive functions. "(2) EFFECT OF REHABILITATION.— No individual who is determined to have used, in violation of law or Federal regulation, alcohol or a controlled substance after the date of enactment of this section shall serve as an airman, crewmember, airport security screening contract personnel, air carrier employee responsible for safety-sensitive functions (as determined by the Administrator), or employee of the Federal Aviation Administration with responsibility for safety-sensitive functions unless such individual has completed a program of rehabilitation described in subsection (c) of this section. "(3) PERFORMANCE OF PRIOR DUTIES PROHIBITED.— Any such individual determined by the Administrator to have used, in violation of law or Federal regulation, alcohol or a controlled substance after the date of enactment of this section who— "(A) engaged in such use while on duty; "(B) prior to such use had undertaken or completed a rehabilitation program described in subsection (c); "(C) following such determination refuses to undertake such a rehabilitation program; or "(D) following such determination fails to complete such a rehabilitation program, shall not be permitted to perform the duties relating to air transportation which such individual performed prior to the date of such determination. ' (c) PROGRAM FOR REHABILITATION.— "(1) PROGRAM FOR EMPLOYEES OF CARRIERS. —The Administrator shall prescribe regulations setting forth requirements for rehabilitation programs which at a minimum provide for the identification and opportunity for treatment of employees referred to in subsection (a)(1) in need of assistance in resolving problems with the use, in violation of law or Federal regulation, of alcohol or controlled substances. Each air carrier and foreign air carrier is encouraged to make such a program available to all of its employees in addition to those employees referred to in

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