Section 120.217

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

(8) Each employer shall require that
each covered employee who is notified
of selection for random testing proceeds to the testing site immediately;
provided, however, that if the employee
is performing a safety-sensitive function at the time of the notification, the
employer shall instead ensure that the
employee ceases to perform the safetysensitive 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 testing at the percentage rate established
for the calendar year by the DOT agency regulating more than 50 percent of
the employee-s functions.
(11) If an employer is required to conduct random alcohol testing under the
alcohol 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 such employees
for testing at the highest percentage
rate established for the calendar year
by any DOT agency to which the employer is subject.
(d) Reasonable suspicion alcohol testing. (1) An employer shall require a
covered employee to submit to an alcohol test when the employer has reasonable suspicion to believe that the employee has violated the alcohol misuse
prohibitions in SectionSection 120.19 or 120.37.
(2) The employer-s determination
that reasonable suspicion exists to require the covered employee to undergo
an alcohol test shall be based on specific, contemporaneous, articulable observations 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 reasonable suspicion exists shall not conduct
the breath alcohol test on that employee.
(3) Alcohol testing is authorized by
this section only if the observations required by paragraph (d)(2) of this section 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 employer to undergo reasonable suspicion
testing for alcohol only 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.
(4)(i) If a test required by this section
is not administered within 2 hours following the determination made under
paragraph (d)(2) of this section, 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 determination made under paragraph (d)(2) of this section, the employer shall cease attempts to administer an alcohol test and shall state in
the record the reasons for not administering 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 requiring the performance of safety-sensitive functions while the employee is
under the influence of, or impaired by,
alcohol, as shown by the behavioral,
speech, or performance indicators of alcohol misuse, nor shall an employer
permit the covered employee to perform or continue to perform safety-sensitive functions until:
(A) An alcohol test is administered
and the employee-s alcohol concentration 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 determination made under paragraph
(d)(2) of this section that there is reasonable suspicion that the employee
has violated the alcohol misuse provisions in SectionSection 120.19 or 120.37.

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