Section 120.109

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

of this section before putting the individual to work in a safety-sensitive
function;
(ii) The employer removed the individual from the employer-s random
testing program conducted under this
subpart for reasons other than a
verified positive test result on an FAAmandated drug test or a refusal to submit to such testing; and
(iii) The individual will be returning
to the performance of a safety-sensitive function.
(5) Before hiring or transferring an
individual to a safety-sensitive function, the employer must advise each individual that the individual will be required to undergo pre-employment
testing in accordance with this subpart, to determine the presence of
marijuana,
cocaine,
opiates,
phencyclidine (PCP), and amphetamines, or a metabolite of those drugs
in the individual-s system. The employer shall provide this same notification to each individual required by the
employer to undergo pre-employment
testing under paragraph (a)(4) of this
section.
(b) Random drug testing. (1) Except as
provided in paragraphs (b)(2) through
(b)(4) of this section, the minimum annual percentage rate for random drug
testing shall be 50 percent of covered
employees.
(2) The Administrator-s decision to
increase or decrease the minimum annual percentage rate for random drug
testing is based on the reported positive rate for the entire industry. All information used for this determination
is drawn from the statistical reports
required by Section 120.119. 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 positive rate. Each year, the
Administrator will publish in the FEDERAL REGISTER the minimum annual
percentage rate for random drug testing of covered employees. The new
minimum annual percentage rate for
random drug testing will be applicable
starting January 1 of the calendar year
following publication.

(3) When the minimum annual percentage rate for random drug 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 reported
positive rate is less than 1.0 percent.
(4) When the minimum annual percentage rate for random drug testing is
25 percent, and the data received under
the reporting requirements of this subpart for any calendar year indicate
that the reported positive rate is equal
to or greater than 1.0 percent, the Administrator will increase the minimum
annual percentage rate for random
drug testing to 50 percent of all covered
employees.
(5) The selection of employees for
random drug testing shall be made by a
scientifically valid method, such as a
random-number table or a computerbased 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 testing 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 positives, random negatives, and random refusals as
your  - random testing 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

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