{"operation":"document","citation":"PI-90-031","title":"Taylor, Roth, Bush & Geffner — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1990-11-01","effective_on":null,"summary":"PI-90-031 response to Taylor, Roth, Bush & Geffner concerning 199.3.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-90-031.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-90-031.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-90-031","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1990/PI90031.pdf","body":"<<<PAGE 1>>>\n\nNovember 1, 1990\nMr. Jay D. Roth\nTaylor, Roth, Bush & Geffner\nSuite 1100\n3500 West Olive Avenue\nBurbank, CA 91505\nDear Mr. Roth:\nThis responds to a letter of September 7, 1990, from you and Mr. David Reeves in which you request\nour opinion on whether the Southern California Gas Company positions of Meter Reader and Field\nCollector are subject to drug testing under 49 CFR Part 199. You enclosed a job profile of each of\nthese positions in your letter, in addition to Company Job Instructions related to those positions.\nAs provided by the Part 199 definition of \"employee,\" any person who performs on a gas pipeline an\noperating, maintenance, or emergency-response function regulated by Part 192 is subject to drug\ntesting.\nThe job profile for a \"Meter Reader\" includes a requirement to visually check meter set assemblies for\nunusual or hazardous conditions, such as bypasses, leaks, or other unsafe conditions, in addition to\nimmediately reporting those conditions, which in the judgment of the meter reader, require prompt\naction. It appears that these functions are involved under §§ 192.605, 192.615, and 193.723.\nTherefore, performing the function would subject the employee to the drug testing requirements of\nPart 199.\nWith regard to the two Company Job Instructions enclosed in your letter, if the act of cutting off\nservice at the meter or reporting a hazardous condition by phone is done to implement an operating,\nmaintenance, or emergency-response requirements of 49 CFR Part 192, the person who performs these\nfunctions is subject to drug testing. It appears that the instructions for closing meters, involve functions\nrequired under §§ 192.605, 196.615, and 192.727. Therefore, performing the function would subject\nthe employee to the drug testing requirements of Part 199.\ndal/199.3\n90-11-01.3\n1\n\n<<<PAGE 2>>>\n\nPlease let me know if you need any further clarification of the Part 199 drug testing requirements.\nIdentical letter sent to Mr. David Reeves.\nSincerely,\nGeorge W. Tenley, Jr.\nAssociate Administrator for\nPipeline Safety\ndal/199.3\n90-11-01.3\n2","truncated":false,"body_characters":2086}