Section 120.217

14 CFR Ch. I (1-1-19 Edition)

performance of safety-sensitive functions).
(2) You must treat all safety-sensitive employees performing safetysensitive functions the same for the
purpose of pre-employment alcohol
testing (i.e., you must not test some
covered employees and not others).
(3) You must conduct the pre-employment tests after making a contingent
offer of employment or transfer, subject to the employee passing the preemployment alcohol test.
(4) You must conduct all pre-employment alcohol tests using the alcohol
testing procedures of 49 CFR part 40.
(5) You must not allow a covered employee to begin performing safety-sensitive functions unless the result of the
employee-s test indicates an alcohol
concentration of less than 0.04. If a preemployment test result under this
paragraph indicates an alcohol concentration of 0.02 or greater but less
than 0.04, the provisions of Section 120.221(f)
apply.
(b) Post-accident alcohol testing. (1) As
soon as practicable following an accident, each employer shall test each
surviving covered employee for alcohol
if that employee-s performance of a
safety-sensitive function either contributed to the accident or cannot be
completely discounted as a contributing factor to the accident. The decision not to administer a test under this
section shall be based on the employer-s determination, using the best
available information at the time of
the determination, that the covered
employee-s performance could not have
contributed to the accident.
(2) If a test required by this section is
not administered within 2 hours following the accident, the employer shall
prepare and maintain on file a record
stating the reasons the test was not
promptly administered. If a test required by this section is not administered within 8 hours following the accident, the employer shall cease attempts to administer an alcohol test
and shall prepare and maintain the
same record. Records shall be submitted to the FAA upon request of the
Administrator or his or her designee.
(3) A covered employee who is subject
to post-accident testing shall remain
readily available for such testing or

may be deemed by the employer to
have refused to submit to testing.
Nothing in this section shall be construed to require the delay of necessary
medical attention for injured people
following an accident or to prohibit a
covered employee from leaving the
scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care.
(c) Random alcohol testing. (1) Except
as provided in paragraphs (c)(2)
through (c)(4) of this section, the minimum annual percentage rate for random alcohol testing will be 25 percent
of the covered employees.
(2) The Administrator-s decision to
increase or decrease the minimum annual percentage rate for random alcohol testing is based on the violation
rate for the entire industry. All information used for this determination is
drawn from MIS reports required by
this subpart. In order to ensure reliability of the data, the Administrator
considers the quality and completeness
of the reported data, may obtain additional information or reports from employers, and may make appropriate
modifications in calculating the industry violation rate. Each year, the Administrator will publish in the FEDERAL REGISTER the minimum annual
percentage rate for random alcohol
testing of covered employees. The new
minimum annual percentage rate for
random alcohol testing will be applicable starting January 1 of the calendar
year following publication.
(3)(i) When the minimum annual percentage rate for random alcohol testing is 25 percent or more, the Administrator may lower this rate to 10 percent of all covered employees if the Administrator determines that the data
received under the reporting requirements of this subpart for two consecutive calendar years indicate that the
violation rate is less than 0.5 percent.
(ii) When the minimum annual percentage rate for random alcohol testing is 50 percent, the Administrator
may lower this rate to 25 percent of all
covered employees if the Administrator determines that the data received under the reporting requirements of this subpart for two consecutive calendar years indicate that the

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