{"operation":"document","citation":"PI-90-020","title":"South Jersey Gas Company — 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-90-020 response to South Jersey Gas Company concerning 199.3.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-90-020.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-90-020.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-90-020","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1990/PI90020.pdf","body":"<<<PAGE 1>>>\n\nMay 18, 1990\nMr. Thomas W. Worrell\nManager, Industrial Relations\nSouth Jersey Gas Company\nNumber One South Jersey Plaza\nRoute 54\nFolsom, New Jersey 08037\nDear Mr. Worrell:\nI am responding to your letter of April 16, 1990, to Cesar De Leon asking whether certain supervisory\nand management personnel must be included in your company's drug testing program under 49 CFR\nPart 199 in view of the activities those personnel perform under your company's emergency response\nmanual.\nA person is subject to drug testing under Part 199 when that person performs on a pipeline or liquefied\nnatural gas facility a function that is regulated by 49 CFR Part 192, 193, or 195. (See the Part 199\ndefinition of \"employee.\") Persons that serve in a supervisory or management capacity are not exempt\nfrom testing under Part 199. However, such persons are subject to testing only if they actually perform\na regulated operation, maintenance, or emergency-response function. Merely directing the work of\nothers who perform these regulated functions is not an activity that qualifies a person for drug testing\nunder Part 199.\nIn Part 192, emergency plans are covered by § 192.615. This regulation requires operators to prepare\nwritten procedures covering various functions involved in responding to a gas pipeline emergency.\nAny function an operator describes in its § 192.615 procedures, including functions that exceed the\nminimum requirements of § 192.615, is a regulated function because compliance with the procedures is\nmandatory. Thus, performance of any function described in an operator's written procedures that are\nintended to implement § 192.615 would make a supervisor or manager who performs the function\nsubject to drug testing under Part 199.\nWe trust this adequately responds to your inquiry.\nSincerely,\nGeorge W. Tenley, Jr.\nDirector\nOffice of Pipeline Safety\ndal/199.3\n90-05-18.1","truncated":false,"body_characters":1889}