# DANVILLE, CITY OF — Warning Letter

- **operation:** document
- **citation:** CPF 12023045WL
- **title:** DANVILLE, CITY OF — Warning Letter
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2023-05-25
- **effective on:** Not available
- **summary:** CLOSED warning letter citing 199.105(c)(1), 199.105(e).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-12023045wl.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-12023045wl.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-12023045wl
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/12023045WL
**body:**

Warning Letter involving DANVILLE, CITY OF. PHMSA's enforcement data identifies the cited regulations as 199.105(c)(1),  199.105(e). The case was opened on 2023-05-25 and is reported as closed as of 2023-05-25. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

12023045WL_Warning Letter_05252023_(22-239033).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023045WL/12023045WL_Warning%20Letter_05252023_(22-239033).pdf

12023045WL_Warning Letter_05252023_(22-239033)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023045WL/12023045WL_Warning%20Letter_05252023_(22-239033)_text.pdf

12023045WL_Warning Letter_05252023_(22-239033)_text.pdf

WARNING LETTER
OVERNIGHT EXPRESS DELIVERY
May 25, 2023
Mr. Jason Grey
Director of Utilities
City of Danville
1040 Monument Street
Danville, Virginia 24540
CPF 1-2023-045-WL
Dear Mr. Grey:
From November 15, 2021, to February 28, 2022, an inspector from the Virginia State Corporation
Commission, Division of Pipeline Safety (VA SCC), acting as Agent for the Pipeline and
Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United
States Code (U.S.C.) inspected City of Danville’s (City) drug and alcohol program.
As a result of the inspection, it is alleged that you have committed probable violations of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected
and the probable violations are:
1. § 199.105 Drug tests required.
Each operator shall conduct the following drug tests for the
presence of a prohibited drug:
(a) …
(c) Random Testing.
(1) Except as provided in paragraphs (c)(2) through (4) of this
section, the minimum annual percentage rate for random drug testing
shall be 50 percent of covered employees.
The City failed to conduct random drug tests for the presence of a prohibited drug. Specifically,
the City failed to conduct the minimum annual per percentage rate for random drug testing of 50
percent of covered employees, as required by §199.105(c)(1).



The City filed PHMSA’s 2019 MIS report on February 5, 5020, as required per §199.119(b). The
City’s 2019 PHMSA/OPS Drug and Alcohol Testing Management Information System (Drug
Testing) record identified 8 Pre-Employment tests, 11 Random tests, and 34 Total Number of
Employees. Therefore, the City performed random drug testing on 32 percent (11 out of 34) of
covered employees.
The City used a computer-based system to select employees to be randomly drug tested. The
computer-based system is set to randomly select 50 percent. However, the minimum of 50 percent
was not met. To prevent recurrence, the City took immediate action and established a review of
the sampling rate to ensure at least 50 percent of covered employees are tested each year.
However, the City failed to conduct random drug testing at the minimum annual percentage rate
of 50 percent of covered employees, in 2019, as required by §199.105(c)(1).
PHSMA encourages self-reporting of code violations. The City's transparency and corrective
measure was taken into consideration during the selection of administrative enforcement actions.
2. § 199.105 Drug tests required.
Each operator shall conduct the following drug tests for the
presence of a prohibited drug:
(a) …
(e) Return-to-duty testing. A covered employee who refuses to take
or has a positive drug test may not return to duty in the covered
function until the covered employee has complied with applicable
provisions of DOT Procedures concerning substance abuse
professionals and the return-to-duty process.
The City failed to conduct return-to-duty test for the presence of a prohibited drug. Specifically,
the City failed to perform a return-to-duty drug test before allowing a covered employee to resume
performing covered functions after previously failing a random drug test.
During the inspection, the Virginia SCC inspector reviewed drug testing records for a covered
employee performing covered function (Employee X). On June 10, 2020, Employee X conducted
a random drug test. On July 19, 2020, the City received confirmation that Employee X’s random
drug test result was positive. On July 22, 2020, Employee X returned to work. The return-to-
work drug test performed on July 21, 2020 did not comply with DOT Procedures.
Specifically, the return-to-work test did not document the urine collection using the Federal Drug
Testing Custody and Control Form, as required per § 40.45 (a) and (b)1
.
1 § 40.45 What form is used to document a DOT urine collection?
(a) The Federal Drug Testing Custody and Control Form (CCF) must be used to document every urine collection required by
the DOT drug testing program. You may view this form on the Department’s Web site (http://www.transportation.gov/odapc) or
the HHS Web site (https://www.samhsa.gov/workplace/forms-guidelines).
(b) You must not use a non-Federal form or an expired CCF to conduct a DOT urine collection. As a laboratory, C/TPA or other
party that provides CCFs to employers, collection sites, or other customers, you must not provide copies of an expired CCF to
these participants. You must also affirmatively notify these participants that they must not use an expired CCF.



Therefore, the Company failed to conduct return-to-duty test for the presence of a prohibited drug,
prior to allowing a covered employee to return to duty in the covered function, as required by
§199.105(e).
Under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed
$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a related
series of violations. For violation occurring on or after March 21, 2022, and before January 6,
2023, the maximum penalty may not exceed $239,142 per violation per day the violation persists,
up to a maximum of $2,391,142 for a related series of violations. For violation occurring on or
after May 3, 2021, and before March 21, 2022, the maximum penalty may not exceed $225,134
per violation per day the violation persists, up to a maximum of $2,251,334 for a related series of
violations. For violation occurring on or after January 11, 2021, and before May 3, 2021, the
maximum penalty may not exceed $222,504 per violation per day the violation persists, up to a
maximum of $2,225,034 for a related series of violations. For violation occurring on or after July
31, 2019, and before January 11, 2021, the maximum penalty may not exceed $218,647 per
violation per day the violation persists, up to a maximum of $2,186,465 for a related series of
violations. For violation occurring on or after November 27, 2018, and before July 31, 2019, the
maximum penalty may not exceed $213,268 per violation per day, with a maximum penalty not to
exceed $2,132,679. For violation occurring on or after November 2, 2015, and before November
27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a maximum
penalty not to exceed $2,090,022.
We have reviewed the circumstances and supporting documents involved in this case, and have
decided not to conduct additional enforcement action or penalty assessment proceedings at this
time. We advise you to correct the items identified in this letter. Failure to do so will result in
City of Danville being subject to additional enforcement action.
No reply to this letter is required. If you choose to reply, in your correspondence please refer to
CPF 1-2023-045-WL. Be advised that all material you submit in response to this enforcement
action is subject to being made publicly available. If you believe that any portion of your
responsive material qualifies for confidential treatment under 5 U.S.C. § 552(b), along with the
complete original document you must provide a second copy of the document with the portions
you believe qualify for confidential treatment redacted and an explanation of why you believe the
redacted information qualifies for confidential treatment under 5 U.S.C. § 552(b).
Sincerely,
Robert Burrough
Director, Eastern Region, Office of Pipeline Safety
Pipeline and Hazardous Materials Safety Administration
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