Definitions [49 CFR 199.3]

(A)A. As used in this Chapter:#

Accident―an incident reportable under 49 CFR Part 191 involving gas pipeline facilities or LNG facilities, or an accident reportable under CFR Part 195 involving hazardous liquid pipeline facilities.#

Administrator―the Administrator, Pipeline and Hazardous Materials Safety Administration or his or her delegate.#

Covered Employee, Employee, or Individual to be Tested―a person who performs a covered function, including persons employed by operators, contractors engaged by operators, and persons employed by such contractors.#

Covered Function―an operations, maintenance, or emergency-response function regulated by 49 CFR Part 192, 193, or 195 that is performed on a pipeline or on an LNG facility.#

DOT Procedures―the "Procedures for Transportation Workplace Drug and Alcohol Testing Programs" published by the Office of the Secretary of Transportation in CFR Part 40.#

Fail a Drug Test―the confirmation test result shows positive evidence of the presence under DOT procedures of a prohibited drug in an employee's system.#

Operator―a person who owns or operates pipeline facilities subject to CFR Part 192, 193, or 195.#

Pass a Drug Test―initial testing or confirmation testing under DOT procedures does not show evidence of the presence of a prohibited drug in a person's system.#

Performs a Covered Function―includes actually performing, ready to perform, or immediately available to perform a covered function.#

Positive Rate for Random Drug Testing―the number of verified positive results for random drug tests conducted under this Subpart plus the number of refusals of random drug tests required by this Subpart, divided by the total number of random drug tests results (i.e., positives, negatives, and refusals) under this Subpart.#

Prohibited Drug―any of the substances specified in 49 CFR part 40.#

Refuse to Submit, Refuse, or Refuse to Take―behavior consistent with DOT procedures concerning refusal to take a drug test of refusal to take an alcohol test.#

State Agency―an agency of any of the several states, the District of Columbia, or Puerto Rico that participates under the pipeline safety laws. (49 U.S.C. 60101 et seq.)#

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:751-757, redesignated as R.S. 30:701-707 and R.S. 30:501 et seq.#

HISTORICAL NOTE: Promulgated by the Department of Natural Resources, Office of Conservation, Pipeline Division, LR 16:134 (February 1990), repromulgated LR 16:533 (June 1990), amended LR 18:852 (August 1992), LR 21:826, 829 (August 1995), LR 24:1306 (July 1998), LR 27:1554 (September 2001), LR 30:1292 (June 2004), LR 33:488 (March 2007), LR. 47:1148 (August 2021).#