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  1. (1) On request of a law enforcement officer, submit to a test to indicate the alcohol concentration in the blood or breath, when— (i) The law enforcement officer is authorized under State or local law to conduct the test or to have the test conducted; and.

  2. Each employer having a drug and alcohol testing program under this part must ensure that all drug and alcohol testing conducted pursuant to this part complies with the procedures set forth in 49 CFR part 40. § 120.7 Definitions. For the purposes of this part, the following definitions apply:

  3. safety-sensitive job categories are subject to the drug and alcohol testing requirements under 14 Code of Federal Regulations (CFR) part 120. It is the responsibility of each aviation employer to evaluate the duties of its employees and determine whether the work being performed is a safety-sensitive function

  4. (1) The results of a breath or blood test for the use of alcohol, conducted by Federal, State, or local law enforcement or public safety officials having independent authority for the test, shall be considered to meet the requirements of this section, provided such tests conform to the applicable Federal, State or local alcohol testing ...

  5. (1) On request of a law enforcement officer, submit to a test to indicate the alcohol concentration in the blood or breath, when— (i) The law enforcement officer is authorized under State or local law to conduct the test or to have the test conducted; and

  6. Safety-sensitive employees must be subject to pre-employment, random, post-accident, random, reasonable cause/suspicion, return-to-duty, and follow-up testing. For more information about the DOT/FAA testing, visit www.faa.gov/go/ drugabatement or www.dot.gov/odapc/employee.

  7. Alcohol Testing. The FMCSA regulation (49 CFR part 382) requires that you conduct alcohol testing on drivers performing safety-sensitive functions consistent with the provisions set forth in 49 CFR part 40.

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