---
kind: "section"
citation: "14 C.F.R. § 120.7"
title: "14"
number: "120.7"
heading: "Definitions."
url: "https://uscodex.org/cfr/14/120.7"
---

# §120.7. Definitions.


For the purposes of this part, the following definitions apply:

- (a) Accident means an occurrence associated with the operation of an aircraft which takes place between the time any individual boards the aircraft with the intention of flight and all such individuals have disembarked, and in which any individual suffers death or serious injury, or in which the aircraft receives substantial damage.
- (b) Alcohol means any substance specified in [49 CFR part 40](/cfr/49/part40.md).
- (c) Alcohol misuse means any prohibited conduct referenced under subpart C or D of this part.
- (d) **Contractor—** is an individual or company that performs a safety-sensitive function by contract for an employer or another contractor.
- (e) Covered employee means an individual who performs, either directly or by contract, a safety-sensitive function listed in §§ [120.105](/cfr/14/120.105.md) and [120.215](/cfr/14/120.215.md) for an employer (as defined in [paragraph (g)](#g) of this section). For purposes of pre-employment testing only, the term “covered employee” includes an individual applying to perform a safety-sensitive function.
- (f) **Employee—** is an individual who is hired, either directly or by contract, to perform a safety-sensitive function for an employer, as defined in [paragraph (g)](#g) of this section. An employee is also an individual who transfers into a position to perform a safety-sensitive function for an employer.
- (g) **Employer—** is a [part 119](/cfr/14/part119.md) certificate holder with authority to operate under [parts 121](/cfr/14/part121.md) and/or 135 of this chapter, an operator as defined in [§ 91.147](/cfr/14/91.147.md) of this chapter, or an air traffic control facility not operated by the FAA or by or under contract to the U.S. Military. An employer may use a contract employee who is not included under that employer's FAA-mandated drug and alcohol testing program to perform a safety-sensitive function only if that contract employee is included under the contractor's FAA-mandated drug and alcohol testing program and is performing a safety-sensitive function on behalf of that contractor (i.e., within the scope of employment with the contractor.)
- (h) Hire means retaining an individual for a safety-sensitive function as a paid employee, as a volunteer, or through barter or other form of compensation.
- (i) **Performing—** (a safety-sensitive function): an employee is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform such function.
- (j) Positive rate for random drug testing means the number of verified positive results for random drug tests conducted under [subpart E](/cfr/14/subpartE.md) of this part, plus the number of refusals of random drug tests required by [subpart E](/cfr/14/subpartE.md) of this part, divided by the total number of random drug test results (i.e., positives, negatives, and refusals) under [subpart E](/cfr/14/subpartE.md) of this part.
- (k) Prohibited drug means any of the drugs specified in [49 CFR part 40](/cfr/49/part40.md).
- (l) Refusal to submit to alcohol test means that a covered employee has engaged in conduct including but not limited to that described in [49 CFR 40.261](/cfr/49/40.261.md), or has failed to remain readily available for post-accident testing as required by [subpart F](/cfr/14/subpartF.md) of this part.
- (m) Refusal to submit to drug test means that a covered employee engages in conduct including but not limited to that described in [49 CFR 40.191](/cfr/49/40.191.md).
- (n) Safety-sensitive function means a function listed in §§ [120.105](/cfr/14/120.105.md) and [120.215](/cfr/14/120.215.md).
- (o) Violation rate for random alcohol testing means the number of 0.04, and above, random alcohol confirmation test results conducted under [subpart F](/cfr/14/subpartF.md) of this part, plus the number of refusals of random alcohol tests required by [subpart F](/cfr/14/subpartF.md) of this part, divided by the total number of random alcohol screening tests (including refusals) conducted under [subpart F](/cfr/14/subpartF.md) of this part.

## Notes

### Amendments

[Docket DOT-OST-2021-0093, 88 FR 27635, May 2, 2023]

### Authority

Authority: 49 U.S.C. 106(f), 40101-40103, 40113, 40120, 41706, 41721, 44106, 44701, 44702, 44703, 44709, 44710, 44711, 45101-45105, 46105, 46306.

### Source

Source: Docket FAA-2008-0937, 74 FR 22653, May 14, 2009, unless otherwise noted.

### Amendments

[Docket DOT-OST-2021-0093, 88 FR 27635, May 2, 2023]