Federal Aviation Administration, DOT

Section 120.109

pool, and all safety-sensitive employees 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 selections for you, and your safety-sensitive
employees may be part of a larger random testing pool of safety-sensitive
employees. However, you must ensure
that the service agent you use is testing at the appropriate percentage established for your industry and that
only safety-sensitive employees are in
the random testing pool. For example:
(A) If the service agent has your employees 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 employees in a random testing pool combined with other FAA-regulated companies, you must ensure that the testing is conducted at least at the minimum annual percentage rate under
this part.
(C) If the service agent has your employees in a random testing pool combined with other DOT-regulated companies, you must ensure that the testing 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 safetysensitive function 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 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 calendar year by the DOT agency regulating more than 50 percent of the employee-s function.
(10) If an employer is required to conduct random drug testing under the
drug testing rules of more than one
DOT agency, the employer may - 
(i) Establish separate pools for random selection, with each pool containing the covered employees who are
subject to testing at the same required
rate; or
(ii) Randomly select covered employees for testing at the highest percentage 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 antidrug rules of more than one DOT agency shall provide each such agency access to the employer-s records of random 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 amphetamines, or a metabolite of those
drugs in the employee-s system if that
employee-s performance either contributed to an accident or can not be completely 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 accident. The decision not to administer a
test under this section must be based
on a determination, using the best information available at the time of the
determination, that the employee-s
performance could not have contributed 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-sensitive function and who is reasonably
suspected of having used a prohibited
drug. The decision to test must be

43

VerDate Sep<11>2014

08:20 May 17, 2019

Jkt 247048

PO 00000

Frm 00053

Fmt 8010

Sfmt 8010

Y:\SGML\247048.XXX

247048