§45105 — Title 49 Transportation | U.S. Code

Summary

The FAA Administrator must make rules that require rehab programs for the air carrier and foreign air carrier employees named in section 45102(a)(1). The programs must at least find workers who have alcohol or illegal drug problems and give them a chance to get treatment. Carriers are encouraged to offer the program to all employees. The Administrator will decide when people must join, and carriers may run programs together. The FAA must also run and keep a rehab program for its own safety‑sensitive workers that finds and offers treatment for alcohol or drug problems.

Title 49, §45105

Transportation — Source: USLM XML via OLRC

(a)The Administrator of the Federal Aviation Administration shall prescribe regulations establishing requirements for rehabilitation programs that at least provide for the identification and opportunity for treatment of employees of air carriers and foreign air carriers referred to in section 45102(a)(1) of this title who need assistance in resolving problems with the use of alcohol or a controlled substance in violation of law or a United States Government regulation. Each air carrier and foreign air carrier is encouraged to make such a program available to all its employees in addition to the employees referred to in section 45102(a)(1). The Administrator shall decide on the circumstances under which employees shall be required to participate in a program. This subsection does not prevent an air carrier or foreign air carrier from establishing a program under this subsection in cooperation with another air carrier or foreign air carrier.

(b)The Administrator shall establish and maintain a rehabilitation program that at least provides for the identification and opportunity for treatment of employees of the Administration whose duties include responsibility for safety-sensitive functions who need assistance in resolving problems with the use of alcohol or a controlled substance.

Notes & Related Subsidiaries

Historical and Revision Notes

Pub. L. 103–272 Revised SectionSource (U.S. Code)Source (Statutes at Large) 45105(a)49 App.:1434(c)(1).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 614(c); added Oct. 28, 1991, Pub. L. 102–143, § 3(a), 105 Stat. 954. 45105(b)49 App.:1434(c)(2). In subsection (a), the words “of air carriers and foreign air carriers” are added for clarity. Pub. L. 103–429This amends 49:45105(a) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1224).

Editorial Notes

Amendments

1994—Subsec. (a). Pub. L. 103–429 substituted “section 45102(a)(1)” for “section 45102(a)(1)(A)” in second sentence.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title. Prioritizing and Supporting the Human Intervention Motivation Study (HIMS) Program and the Flight Attendant Drug and Alcohol Program (FADAP)Pub. L. 115–254, div. B, title V, § 554(a), Oct. 5, 2018, 132 Stat. 3380, provided that: “The [Federal Aviation] Administration shall continue to prioritize and support the Human Intervention Motivation Study (HIMS) program for flight crewmembers and the Flight Attendant Drug and Alcohol Program (FADAP) for flight attendants.” Human Intervention Motivation Study Pub. L. 112–95, title VIII, § 819, Feb. 14, 2012, 126 Stat. 127, provided that: “Not later than 180 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall develop a Human Intervention Motivation Study program for cabin crew members employed by commercial air carriers in the United States.”

§45105 Rehabilitation