53 

Federal Aviation Administration, DOT 

§ 120.217 

violation rate is less than 1.0 percent 
but equal to or greater than 0.5 per-
cent. 

(4)(i) When the minimum annual per-

centage rate for random alcohol test-
ing is 10 percent, and the data received 
under the reporting requirements of 
this subpart for that calendar year in-
dicate that the violation rate is equal 
to or greater than 0.5 percent but less 
than 1.0 percent, the Administrator 
will increase the minimum annual per-
centage rate for random alcohol test-
ing to 25 percent of all covered employ-
ees. 

(ii) When the minimum annual per-

centage rate for random alcohol test-
ing is 25 percent or less, and the data 
received under the reporting require-
ments of this subpart for that calendar 
year indicate that the violation rate is 
equal to or greater than 1.0 percent, 
the Administrator will increase the 
minimum annual percentage rate for 
random alcohol testing to 50 percent of 
all covered employees. 

(5) The selection of employees for 

random alcohol testing shall be made 
by a scientifically valid method, such 
as a random-number table or a com-
puter-based random number generator 
that is matched with employees’ Social 
Security numbers, payroll identifica-
tion numbers, or other comparable 
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. 

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