If an employee performs safety-sensitive functions that would subject him to the DOT testing programs of more than one DOT agency (e.g. FMCSA and PHMSA), 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. See 49 CFR §382.305(n) and (o). This situation may occur where an employee performs both CDL functions and pipeline maintenance functions for a DOT-regulated employer.