Federal Aviation Administration, DOT

Section 120.217

violation rate is less than 1.0 percent
but equal to or greater than 0.5 percent.
(4)(i) When the minimum annual percentage rate for random alcohol testing is 10 percent, and the data received
under the reporting requirements of
this subpart for that calendar year indicate 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 percentage rate for random alcohol testing to 25 percent of all covered employees.
(ii) When the minimum annual percentage rate for random alcohol testing is 25 percent or less, and the data
received under the reporting requirements 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 computer-based random number generator
that is matched with employees- Social
Security numbers, payroll identification numbers, or other comparable
identifying numbers. Under the selection process used, each covered employee 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 divide the number of random alcohol
screening test results for safety-sensitive employees by the average number of safety-sensitive employees eligible 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 concentration, random screening test results 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 safetysensitive 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 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 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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