{"operation":"document","citation":"PI-91-018","title":"Peoples Natural Gas — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1991-06-20","effective_on":null,"summary":"PI-91-018 response to Peoples Natural Gas concerning 199.7.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-91-018.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-91-018.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-91-018","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1991/PI91018.pdf","body":"<<<PAGE 1>>>\n\nJune 20, 1991\nMs.Kathryn M. Ringblom\nLegal Assistant\nPeoples Natural Gas\n1815 Capitol Avenue\nOmaha, NE 68102\nDear Ms. Ringblom:\nThis is in response to your letter of April 23, 1991, regarding our\ndrug testing regulations for pipeline employees (49 CFR Part 199).\nYou asked three questions about maintenance of an anti-drug plan\nunder ? 199.7. Your questions and our answers are set forth below:\nQuestion 1. Must references to alcohol abuse and alcohol testing\nbe separated into another policy and plan if it is clear that it is\nnot required by the Department of Transportation and if employees\nare informed in writing prior to testing that a test for alcohol is\nnot under the authority of the DOT?\nAnswer 1. It is allowable for a company to have one overall drug\ntesting plan which includes testing in addition to, but separate\nfrom, the requirements of Parts 199 and 40. Parts 199 and 40 do\nnot specify the format for operators drug plans, however,\noperators, when combining other drug testing and alcohol testing\ninto their plan required by ? 199.7, must clearly identify those\nmatters relating to Parts 199 and 40 by keeping these requirements\nin separate sections, set apart in bold face types, underlined, or\nother equivalent means. Additionally, ? 199.7 requires an operator\nto provide procedures for notifying employees of the coverage and\nprovisions of their anti-drug plan. It must be stressed that where\na test (including the drugs tested for) varies from the\nrequirements of Parts 199 and 40, violation of the DOT drug rules\ncannot be used as a basis for any action regarding the employee\ntested.\nQuestion 2. It is necessary to have every detail from both Part\n199 and Part 40 written in an operator's plan? (See Exhibit A)\nFor example, is it necessary to state in the written plan every\nsingle duty of the Medical Review Officer? How long positive\nsamples are stored by the laboratory and at what temperature? How\nto prepare every kind of restroom prior to collection of a sample?\nHow to handle the failure of a donor to provide an adequate\nspecimen of 60 milliliters? Every recordkeeping requirement? Or\nwould statements such as, \"The Company will keep all required\nrecords for the specific time required by the Department of\nTransportation as set forth in 199.23,\" be sufficient to include in\nan operator's written plan along with a copy of the regulations?\nAnswer 2. The requirements of ? 199.7 stipulates that each\n\n<<<PAGE 2>>>\n\noperator is to maintain and follow a written anti-drug plan that\nincludes all the requirements of Part 199 and 40. The written plan\nmust clearly outline the methods and procedures by which the\noperator intends to comply with the regulations. The operator does\nnot need to include all the information contained in both\nregulations, however, the anti-drug plan must provide clear\nguidance to its employees with regard to all aspects of drug\ntesting. This would include addressing such issues as types of\ndrug testing, specimen collection procedures, MRO functions,\ndisciplinary actions for testing positive or failure to submit to\ntesting and many other areas. To issue a generalized statement as\nyou suggest would not be sufficient to comply with the regulations.\nQuestion 3. Must all employees receive the entire company plan or\nis it sufficient that they receive the policy and a detailed\nsummary of the regulations along with a notice that the entire plan\nis available for review in specific office locations?\nAnswer 3. The provisions of ? 199.7(d) provide that the operator's\nanti-drug plan contain procedures for notifying employees of the\ncoverage and provisions of the plan. The operator could provide an\nin-depth or detailed summary of its anti-drug plan provisions of\nPart 199 and 40. Also, it is advisable, but not required, to\ninclude in the detailed summary information as to where the plan is\nlocated or posted should an employee desire to review the entire\nplan.\nThank you for your inquiry. Please let me know if you need any\nmore information about our drug testing requirements.\nSincerely,\nRichard L. Rippert\nDrug Compliance Coordinator\nOffice of Pipeline Safety\nEnforcement","truncated":false,"body_characters":4148}