Determination of DOT Agency Random Testing Pool: An employee is subject to the random testing rules of more than one DOT agency (e.g., PHMSA & FMCSA) How is it determined which DOT random testing pool, when a driver works for both PHMSA & FMCSA or is dual-agency employee.

If an employee performs safety-sensitive functions that would subject him to the DOT testing programs of more than one DOT agency, the employee shall be subject to random alcohol and/or controlled substances testing at the annual percentage rate established for the calendar year by  the DOT agency regulating more than 50% of  the employee’s safety-sensitive work as per 49 CFR §382.305 (n) (0) .This situation may occur where an employee performs both CDL functions and pipeline maintenance functions for a DOT-regulated employer.