54 

14 CFR Ch. I (1–1–19 Edition) 

§ 120.217 

(8) Each employer shall require that 

each covered employee who is notified 
of selection for random testing pro-
ceeds to the testing site immediately; 
provided, however, that if the employee 
is performing a safety-sensitive func-
tion 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 
testing site as soon as possible. 

(9) A covered employee shall only be 

randomly tested while the employee is 
performing safety-sensitive functions; 
just before the employee is to perform 
safety-sensitive functions; or just after 
the employee has ceased performing 
such functions. 

(10) If a given covered employee is 

subject to random alcohol testing 
under the alcohol testing rules of more 
than one DOT agency, the employee 
shall be subject to random alcohol test-
ing at the percentage rate established 
for the calendar year by the DOT agen-
cy regulating more than 50 percent of 
the employee’s functions. 

(11) If an employer is required to con-

duct random alcohol testing under the 
alcohol 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 such employees 

for testing at the highest percentage 
rate established for the calendar year 
by any DOT agency to which the em-
ployer is subject. 

(d) 

Reasonable suspicion alcohol test-

ing. 

(1) An employer shall require a 

covered employee to submit to an alco-
hol test when the employer has reason-
able suspicion to believe that the em-
ployee has violated the alcohol misuse 
prohibitions in §§ 120.19 or 120.37. 

(2) The employer’s determination 

that reasonable suspicion exists to re-
quire the covered employee to undergo 
an alcohol test shall be based on spe-
cific, contemporaneous, articulable ob-
servations concerning the appearance, 
behavior, speech or body odors of the 
employee. The required observations 
shall be made by a supervisor who is 
trained in detecting the symptoms of 
alcohol misuse. The supervisor who 

makes the determination that reason-
able suspicion exists shall not conduct 
the breath alcohol test on that em-
ployee. 

(3) Alcohol testing is authorized by 

this section only if the observations re-
quired by paragraph (d)(2) of this sec-
tion are made during, just preceding, 
or just after the period of the work day 
that the covered employee is required 
to be in compliance with this rule. An 
employee may be directed by the em-
ployer to undergo reasonable suspicion 
testing for alcohol only while the em-
ployee is performing safety-sensitive 
functions; just before the employee is 
to perform safety-sensitive functions; 
or just after the employee has ceased 
performing such functions. 

(4)(i) If a test required by this section 

is not administered within 2 hours fol-
lowing the determination made under 
paragraph (d)(2) of this section, the em-
ployer 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 determination made under para-
graph (d)(2) of this section, the em-
ployer shall cease attempts to admin-
ister an alcohol test and shall state in 
the record the reasons for not admin-
istering the test. 

(ii) Notwithstanding the absence of a 

reasonable suspicion alcohol test under 
this section, no covered employee shall 
report for duty or remain on duty re-
quiring the performance of safety-sen-
sitive functions while the employee is 
under the influence of, or impaired by, 
alcohol, as shown by the behavioral, 
speech, or performance indicators of al-
cohol misuse, nor shall an employer 
permit the covered employee to per-
form or continue to perform safety-sen-
sitive functions until: 

(A) An alcohol test is administered 

and the employee’s alcohol concentra-
tion measures less than 0.02; or 

(B) The start of the employee’s next 

regularly scheduled duty period, but 
not less than 8 hours following the de-
termination made under paragraph 
(d)(2) of this section that there is rea-
sonable suspicion that the employee 
has violated the alcohol misuse provi-
sions in §§ 120.19 or 120.37. 

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08:20 May 17, 2019

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