43 

Federal Aviation Administration, DOT 

§ 120.109 

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

(9) If a given covered employee is 

subject to random drug testing under 
the drug testing rules of more than one 
DOT agency, the employee shall be 
subject to random drug testing at the 
percentage rate established for the cal-
endar year by the DOT agency regu-
lating more than 50 percent of the em-
ployee’s function. 

(10) If an employer is required to con-

duct random drug testing under the 
drug 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 

(ii) Randomly select covered employ-

ees for testing at the highest percent-
age rate established for the calendar 
year by any DOT agency to which the 
employer is subject. 

(11) An employer required to conduct 

random drug testing under the anti- 
drug rules of more than one DOT agen-
cy shall provide each such agency ac-
cess to the employer’s records of ran-
dom drug testing, as determined to be 
necessary by the agency to ensure the 
employer’s compliance with the rule. 

(c) 

Post-accident drug testing. 

Each 

employer shall test each employee who 
performs a safety-sensitive function for 
the presence of marijuana, cocaine, 
opiates, phencyclidine (PCP), and am-
phetamines, or a metabolite of those 
drugs in the employee’s system if that 
employee’s performance either contrib-
uted to an accident or can not be com-
pletely discounted as a contributing 
factor to the accident. The employee 
shall be tested as soon as possible but 
not later than 32 hours after the acci-
dent. The decision not to administer a 
test under this section must be based 
on a determination, using the best in-
formation available at the time of the 
determination, that the employee’s 
performance could not have contrib-
uted to the accident. The employee 
shall submit to post-accident testing 
under this section. 

(d) 

Drug testing based on reasonable 

cause. 

Each employer must test each 

employee who performs a safety-sen-
sitive function and who is reasonably 
suspected of having used a prohibited 
drug. The decision to test must be 

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