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53 

Federal Aviation Administration, DOT 

§ 120.217 

identifying numbers. Under the selec-
tion process used, each covered em-
ployee shall have an equal chance of 
being tested each time selections are 
made. 

(6) As an employer, you must select 

and test a percentage of employees at 
least equal to the minimum annual 
percentage rate each year. 

(i) As an employer, to determine 

whether you have met the minimum 
annual percentage rate, you must di-
vide the number of random alcohol 
screening test results for safety-sen-
sitive employees by the average num-
ber of safety-sensitive employees eligi-
ble for random testing. 

(A) To calculate whether you have 

met the annual minimum percentage 
rate, count all random screening test 
results below 0.02 breath alcohol con-
centration, random screening test re-
sults of 0.02 or greater breath alcohol 
concentration, and random refusals as 
your ‘‘random alcohol screening test 
results.’’ 

(B) To calculate the average number 

of safety-sensitive employees eligible 
for random testing throughout the 
year, add the total number of safety- 
sensitive employees eligible for testing 
during each random testing period for 
the year and divide that total by the 
number of random testing periods. 
Only safety-sensitive employees are to 
be in an employer’s random testing 
pool, and all safety-sensitive employ-
ees must be in the random pool. If you 
are an employer conducting random 
testing more often than once per 
month (e.g., you select daily, weekly, 
bi-weekly) you do not need to compute 
this total number of safety-sensitive 
employees more than on a once per 
month basis. 

(ii) As an employer, you may use a 

service agent to perform random selec-
tions for you, and your safety-sensitive 
employees may be part of a larger ran-
dom testing pool of safety-sensitive 
employees. However, you must ensure 
that the service agent you use is test-
ing at the appropriate percentage es-
tablished for your industry and that 
only safety-sensitive employees are in 
the random testing pool. For example: 

(A) If the service agent has your em-

ployees in a random testing pool for 
your company alone, you must ensure 

that the testing is conducted at least 
at the minimum annual percentage 
rate under this part. 

(B) If the service agent has your em-

ployees in a random testing pool com-
bined with other FAA-regulated com-
panies, you must ensure that the test-
ing is conducted at least at the min-
imum annual percentage rate under 
this part. 

(C) If the service agent has your em-

ployees in a random testing pool com-
bined with other DOT-regulated com-
panies, you must ensure that the test-
ing is conducted at least at the highest 
rate required for any DOT-regulated 
company in the pool. 

(7) Each employer shall ensure that 

random alcohol tests conducted under 
this subpart are unannounced and that 
the dates for administering random 
tests are spread reasonably throughout 
the calendar year. 

(8) Each employer shall require that 

each covered employee who is notified 
of selection for random testing pro-
ceeds to the testing site immediately; 
provided, however, that if the employee 
is performing a safety-sensitive func-
tion at the time of the notification, the 
employer shall instead ensure that the 
employee ceases to perform the safety- 
sensitive function and proceeds to the 
testing site as soon as possible. 

(9) A covered employee shall only be 

randomly tested while the employee is 
performing safety-sensitive functions; 
just before the employee is to perform 
safety-sensitive functions; or just after 
the employee has ceased performing 
such functions. 

(10) If a given covered employee is 

subject to random alcohol testing 
under the alcohol testing rules of more 
than one DOT agency, the employee 
shall be subject to random alcohol test-
ing at the percentage rate established 
for the calendar year by the DOT agen-
cy regulating more than 50 percent of 
the employee’s functions. 

(11) If an employer is required to con-

duct random alcohol testing under the 
alcohol testing rules of more than one 
DOT agency, the employer may— 

(i) Establish separate pools for ran-

dom selection, with each pool con-
taining the covered employees who are 
subject to testing at the same required 
rate; or 

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