{"operation":"document","citation":"PI-90-019","title":"City of Palo Alto, CA — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1990-05-18","effective_on":null,"summary":"PI-90-019 response to City of Palo Alto, CA concerning 199.3.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-90-019.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-90-019.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-90-019","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1990/PI90019.pdf","body":"<<<PAGE 1>>>\n\nMay 18, 1990\nMr. Jay C. Rounds\nDirector of Personnel Services\nCity of Palo Alto\nP.O. Box 10250\nPalo Alto, CA 94303\nDear Mr. Rounds:\nYour letter of April 20, 1990, to Cesar De Leon requests our assistance in determining whether\npositions called Communication Dispatcher, Chief Communications Dispatcher, and Manager\nCommunications Operations, which have duties in connection with the City's natural gas distribution\nsystem, are subject to drug testing under 49 CFR Part 199.\nA person is subject to drug testing under Part 199 when that person performs on a gas pipeline an\noperation, maintenance, or emergency-response function that is regulated by 49 CFR Part 192. (See\nthe Part 199 definition of \"employee.\") This jurisdictional test may be transformed into two questions,\nboth of which must be answered affirmatively for Part 199 to require drug testing of a person working\non a gas pipeline:\n(1) Does the function the person performs involve operation of a pipeline, maintenance of\na pipeline, or response to a pipeline emergency?\n(2) Is the function the subject of a Part 192 regulation?\nThe information you provided indicates that the Communications Dispatcher receives calls about\npipeline emergencies and dispatches service personnel. These functions involve responses to a pipeline\nemergency that are regulated under § 192.615. Therefore, persons in the position of Communications\nDispatcher are subject to drug testing under Part 199.\nPersons in the Chief Communications Dispatcher position and Manager Communications Operations\nposition would not be subject to drug testing for directing the work of the Communications\nDispatchers. However, if they perform either of the above functions of the Communications\nDispatcher or any of the other emergency communications functions regulated by § 192.615, such as\nnotifying fire and police officials, they would be subject to drug testing.\ndal/199.3\n90-05-18.2\n\n<<<PAGE 2>>>\n\nI trust this adequately responds to your inquiry.\nSincerely,\nGeorge W. Tenley, Jr.\nDirector\nOffice of Pipeline Safety\ndal/199.3\n90-05-18.2","truncated":false,"body_characters":2081}