(a) Each air traffic control facility not operated by the FAA or the U.S. military (hereinafter employer) must establish an alcohol misuse prevention program in accordance with the provisions of appendix J to part 121 of this chapter.

(b) No employer shall use any person who meets the definition of covered employee in appendix J to part 121 to perform a safety-sensitive function listed in that appendix unless such person is subject to testing for alcohol misuse in accordance with the provisions of appendix J.

[Amdt. 65-37, 59 FR 7389, Feb. 15, 1994]