{"operation":"document","citation":"PI-90-025","title":"Natural Gas of Milton — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1990-07-13","effective_on":null,"summary":"PI-90-025 response to Natural Gas of Milton concerning 199.3.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-90-025.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-90-025.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-90-025","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1990/PI90025.pdf","body":"<<<PAGE 1>>>\n\nJuly 13, 1990\nMs. Mary Beth LaCoste\nMarketing Manager\nNatural Gas of Milton\nP.O. Box 909\nMilton, FL 32572\nDear Ms. LaCoste:\nThank you for your letter of June 12, 1990, regarding the DOT regulations for drug testing of pipeline\ncompany employees (49 CFR Part 199). You asked whether an employee who receives information\nabout gas leaks and then transfers it to other personnel without making any decision regarding an\nemergency would be subject to testing.\nA person is subject to drug testing under Part 199 when that person performs on a gas pipeline to\nwhich the Federal safety standards in 49 CFR Part 192 apply an operation, maintenance, or emergency-\nresponse function that it regulated by Part 192. (See the Part 199 definition of \"employee.\") This\njurisdictional test may be transformed into two questions, both of which must be answered\naffirmatively for Part 199 to require drug testing of a person working on 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 primary regulation in Part 192 that concerns an operator's response to a pipeline emergency is\n§ 192.615, \"Emergency plans.\" Under paragraph (a) of § 192.615, an operator must have procedures\nfor receiving notices of events that require immediate response by the operator. Among such events is\na gas leak. Therefore, any employee who is responsible for receiving notices about a gas leak is\nperforming a function involved in an operator's response to a pipeline emergency and is subject to drug\ntesting. To be subject to drug testing, it is not necessary for the employee who takes such notices also\nto make decisions regarding an emergency, because receiving notices of events that require immediate\nresponse is an independent function for which procedures are required by § 192.615(a). At the same\ntime, an employee who merely answers the phone and refers calls about a gas leak to another employee\nwho takes the notice would not be subject to drug testing, because the other person is the one who\nwould take or receive notice of the event, not the person initially answering the phone.\ndal/199.3\n90-07-13.2\n1\n\n<<<PAGE 2>>>\n\nPlease let me know if we can be of any further help to you in understanding the Part 199 drug testing\nrequirements.\nSincerely,\nGeorge W. Tenley, Jr.\nDirector\nOffice of Pipeline Safety\ndal/199.3\n90-07-13.2\n2","truncated":false,"body_characters":2482}