{"operation":"document","citation":"CPF 220181003M","title":"GEORGIA-PACIFIC CONSUMER — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-05-31","effective_on":null,"summary":"CLOSED notice of amendment citing 199.101(a), 199.202.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220181003m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220181003m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220181003m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220181003M","body":"Notice of Amendment involving GEORGIA-PACIFIC CONSUMER. PHMSA's enforcement data identifies the cited regulations as 199.101(a),  199.202. The case was opened on 2018-05-31 and is reported as closed as of 2018-07-09. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220181003M_Closure Letter_07092018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181003M/220181003M_Closure%20Letter_07092018.pdf\n\n220181003M_Closure Letter_07092018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181003M/220181003M_Closure%20Letter_07092018_text.pdf\n\n220181003M_Notice of Amendment_05312018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181003M/220181003M_Notice%20of%20Amendment_05312018.pdf\n\n220181003M_Notice of Amendment_05312018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181003M/220181003M_Notice%20of%20Amendment_05312018_text.pdf\n\n220181003M_Operator Response to Notice_06262018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181003M/220181003M_Operator%20Response%20to%20Notice_06262018.pdf\n\n220181003M_Notice of Amendment_05312018_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMay 31, 2018\nChristian Fischer\nPresident and CEO\nGeorgia-Pacific Corporation\n133 Peachtree Street NE\nAtlanta, GA 30303\nCPF 2-2018-1003M\nDear Mr. Fischer:\nOn May 3, 2018, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nGeorgia-Pacific Corporation’s drug and alcohol testing procedures in Atlanta, Georgia.\nOn the basis of the inspection, PHMSA identified apparent inadequacies found within\nGeorgia Pacific’s plans, as described below:\n1. §199.101 Anti-drug plan.\n(a) Each operator shall maintain and follow a written anti-drug plan that conforms\nto the requirements of this part and the DOT Procedures. The plan must contain—\n(1) Methods and procedures for compliance with all the requirements of this part,\nincluding the employee assistance program;\n(2) The name and address of each laboratory that analyzes the specimens collected\nfor drug testing;\n(3) The name and address of the operator's Medical Review Officer, and Substance\nAbuse Professional; and\n(4) Procedures for notifying employees of the coverage and provisions of the plan.\nDespite being dated March 25, 2018, the Georgia-Pacific Anti-Drug Plan, Revision 7,\nreviewed during this inspection was considerably out of date. The plan did not contain the\ncorrect random drug testing rate, contained incorrect information regarding post-accident\ndrug testing, and failed to include new requirements from several regulatory amendments\npromulgated in the past few years. Moreover, the 104-page Anti-Drug Plan contained\n\n\n\nlarge sections of verbatim and paraphrased language taken directly from the federal drug\ntesting regulations making it difficult and unclear as to how Georgia-Pacific actually\nimplements its anti-drug policy and the federal drug testing regulations.\n2. §199.202 Alcohol misuse plan.\nEach operator must maintain and follow a written alcohol misuse plan that conforms\nto the requirements of this part and DOT Procedures concerning alcohol testing\nprograms. The plan shall contain methods and procedures for compliance with all\nthe requirements of this subpart, including required testing, recordkeeping,\nreporting, education and training elements.\nDespite being dated March 23, 2018, the Georgia-Pacific Alcohol Misuse Prevention\nPlan, Revision 7, reviewed during this inspection was considerably out of date. The plan\nwas unclear with regards to pre-employment alcohol testing, contained incorrect\ninformation regarding post-accident alcohol testing, and failed to include new\nrequirements from several regulatory amendments promulgated in the past few years.\nMoreover, the 71-page Alcohol Misuse Prevention Plan contained large sections of\nverbatim and paraphrased language taken directly from the federal alcohol testing\nregulations making it difficult and unclear as to how Georgia-Pacific actually implements\nits alcohol misuse policy and the federal alcohol testing regulations.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed\nas part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days\nof receipt of this Notice, this constitutes a waiver of your right to contest the allegations in\nthis Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as\nalleged in this Notice without further notice to you and to issue an Order Directing\nAmendment. If your plans or procedures are found inadequate as alleged in this Notice, you\nmay be ordered to amend your plans or procedures to correct the inadequacies\n(49 C.F.R. § 190.206). If you are not contesting this Notice, we propose that you submit your\namended procedures to my office within 60 days of receipt of this Notice. This period may be\nextended by written request for good cause. Once the inadequacies identified herein have\nbeen addressed in your amended procedures, this enforcement action will be closed.\nIt is requested (not mandated) that Georgia-Pacific maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision\nof plans, procedures) and submit the total to James Urisko, Director, Southern Region,\n2\n\n\n\nPipeline and Hazardous Materials Safety Administration. In correspondence concerning this\nmatter, please refer to CPF 2-2018-1003M and, for each document you submit, please\nprovide a copy in electronic format whenever possible.\nSincerely,\nJames A. Urisko\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n3\n\n220181003M_Closure Letter_07092018_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJuly 9, 2018\nMr. Christian Fischer\nPresident and CEO\nGeorgia-Pacific Corporation\n133 Peachtree Street NE\nAtlanta, GA 30303\nCPF 2-2018-1003M\nDear Mr. Fischer:\nOn May 3, 2018, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an\non-site inspection of Georgia-Pacific Corporation’s (Georgia-Pacific’s) drug and alcohol\n(D&A) testing procedures in Atlanta, Georgia. As a result of the inspection, Georgia-Pacific\nwas issued a Notice of Amendment on May 31, 2018, which proposed amendment of your\nD&A procedures.\nGeorgia-Pacific submitted its amended D&A procedures on June 26, 2018. My staff\nreviewed the amended procedures, and it appears that the inadequacies outlined in this Notice\nof Amendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed.\nThank you for your cooperation.\nSincerely,\nJames A. Urisko\nDirector, Office of Pipeline Safety\nPHMSA Southern Region","truncated":false,"body_characters":7770}