{"operation":"document","citation":"PI-91-005","title":"Oil, Chemical, & Atomic Workers International Union — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1991-02-06","effective_on":null,"summary":"PI-91-005 response to Oil, Chemical, & Atomic Workers International Union concerning 199.3.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-91-005.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-91-005.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-91-005","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/pipeline/interpretations/76306/pi-91005.pdf","body":"<<<PAGE 1>>>\n\nFebruary 6, 1991\nMr. Dan C. Edwards\nInternational Representative\nOil, Chemical, & Atomic Workers\nInternational Union\nP. O. Box 21635\nBillings, MT 59104\nDear Mr. Edwards:\nI am responding to your letter of December 11, 1990, to Bea Vandervalk. You asked whether\nemployees in petroleum refineries are subject to drug testing under the drug testing regulations in 49\nCFR Part 199.\nA person is subject to drug testing under Part 199 when that person performs on a pipeline or liquefied\nnatural gas (LNG) facility an operation, maintenance, or emergency-response function that is regulated\nby 49 CFR Part 192, 193, or 195. (See the Part 199 definition of \"employee.\") Thus, unless Part 192,\n193, or 195, has a safety standard that governs the function, the person who does the function is not\nsubject to drug testing under Part 199.\nEmployees at petroleum refineries usually are not subject to drug testing under Part 199, because Parts\n192, 193, and 195 do not apply to piping in refineries. On occasion, however, the operator of a\npipeline or LNG facility may arrange with a refinery to do a function that is necessary to satisfy a safety\nstandard in Part 192, 193, or 195 governing operation, maintenance, or emergency-response on the\npipeline or LNG facility. Then, the finery employee who does the function would be subject to drug\ntesting under Part 199.\nSection 195.406(b) contains a requirement that a pipeline operator possibly could meet through the\naction of a refinery employee. Under this section, each operator must provide adequate controls and\nprotective equipment to control the pressure of hazardous liquid pipelines within a prescribed limit.\nAny person who does a function to provide this pressure control for a pipeline operator would be\nsubject to drug testing under Part 199. Such a person might include a refinery employee who operates\na pump that feeds a pipeline or who monitors pumping pressures.\nJohn Land is Chief of Pipeline Safety for the Louisiana Department of Natural Resources, the State\nagency that enforces Part 199 against intrastate operators in Louisiana. I am sending him a copy of this\nletter to assure that he understands the limits of Part 199 regarding refineries. This should help resolve\nany differences you may have had with that agency regarding Part 199. There is no formal way for you\nto work through the Department of Transportation to bring charges against Louisiana.\ndal/199.1\n91-02-06.1\n\n<<<PAGE 2>>>\n\nI have enclosed a copy of Part 199. Please let me know if you need any further assistance in\nunderstanding the Part 199 drug testing requirements.\nSincerely,\nGeorge W. Tenley, Jr.\nAssociate Administrator for\nPipeline Safety\ndal/199.1\n91-02-06.1","truncated":false,"body_characters":2709}