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13 CHAPTER FOUR SPECIFIC REGULATIONS BY MODE To comply with DOT requirements, each DOT agency must tive years for the entire industry. For the year 2011, the mini- specify aspects of its drug- and alcohol-testing program not mum random drug-testing rate was set at 25%. directly covered in 49 CFR Part 40. At a minimum, each agency is required to specify the employees in safety-sensi- Types of tests for alcohol: Pre-employment (autho- tive positions that must be drug and alcohol tested, the types rized, not mandated), random, postaccident, reasonable of tests that must be conducted, the minimum annual per- cause, return-to-duty, and follow-up. The minimum annual centage rate for random drug testing, and record retention percentage rate for random alcohol testing is based on the periods. The following sections report the specific regula- positive rate for the 2 prior consecutive years for the entire tions by mode (see Table 5), as described in the DOT guide- industry. For the year 2011, the minimum random alcohol lines for the SAP (2009). testing rate was set at 10%. Definition of accident requiring testing: Accident means TABLE 5 an occurrence associated with the operation of an aircraft that REGULATIONS BY MODE takes place between the time any person boards the aircraft Mode Agency Regulation with the intention of flight and all such persons have disem- Aviation Federal Aviation 14 CFR Part 120 barked, and in which any person suffers death or serious Administration (FAA) injury, or in which the aircraft receives substantial damage. Maritime United States Coast 46 CFR Parts 4, 5, and 16 Guard (USCG) Reasonable cause determination (drugs): Two of the Motor Carrier Federal Motor Carrier 49 CFR Part 382 employee's supervisors, one of whom is trained, shall sub- Safety Administration (FMCSA) stantiate and concur in the decision to test the employee. If the employer is not an air carrier operating under 14 CFR Pipelines Pipeline and Hazard- 49 CFR Part 199 ous Materials Safety Part 121 and has 50 or fewer employees, a single trained Administration supervisor can make the determination. A trained supervi- (PHMSA) sor makes the determination based on specific contempo- Public Transit Federal Transit 49 CFR Part 655 raneous physical, behavioral, or performance indicators of Administration (FTA) probable drug use. Rail Federal Railroad 49 CFR Part 219 Administration (FRA) Reasonable suspicion determination (alcohol): One trained supervisor makes the determination based on spe- cific, contemporaneous, articulable observations concerning AVIATION the employee's appearance, behavior, speech, or body odors. The aviation industry, regulated by the FAA, has approxi- Preduty alcohol prohibition: Eight hours prior to per- mately 397,960 employees subject to testing (Swart, per- formance of flight crewmember duties, flight attendant sonal communication, Nov. 15, 2010). duties, and air traffic controller duties. Four hours prior to performance of other duties. Employees who must be tested: Flight crew members, flight attendants, flight instructors, aircraft dispatchers, Actions for BACs 0.0200.039: If the employer chooses maintenance personnel, ground security coordinators, avia- to return the employee to covered services within 8 h, the tion screeners, and air traffic controllers. BAC retest must be below 0.020. Types of tests for drugs: Pre-employment, random, Employee training (drugs): An employer must train all postaccident, reasonable cause, return-to-duty, and follow- employees who perform safety-sensitive duties on the effects up. The minimum annual percentage rate for random drug and consequences of prohibited drug use on personal health, testing is based on the positive rate for the 2 prior consecu- safety, and work environment, and on the manifestations