{"operation":"document","citation":"PI-92-027","title":"Pipeline Safety Interpretation PI-92-027","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1992-07-09","effective_on":null,"summary":"PI-92-027 concerning 199.7.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-92-027.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-92-027.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-92-027","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1992/PI92027.pdf","body":"<<<PAGE 1>>>\n\nJuly 9, 1992\nThis is in response to your correspondence dated May 7, 1992,\nrequesting an interpretation of Sections 199.9 and 199.23 regarding\nan employee who refuses to submit to a drug test and whether the\noperator must keep records showing the refusal to test.\nThe drug testing requirements contained in 49 CFR Part 199.9\nrequire that an operator may not knowingly use as an employee any\nperson who fails a drug test required by Part 199 or refuses to\ntake a drug test required by Part 199. If an individual refuses to\ntake a test, an operator may not use that person to perform an\noperation, maintenance, or emergency-response function on a\npipeline or LNG facility which is regulated by Part 192, 193, or\n195. An individual who refuses to take a test must be removed from\nperforming a covered function and the individual is deemed to have\ntested positive.\nSection 199.23(a)(2) requires that an operator maintain records of\nemployee drug test results that show an employee failed a drug\ntest, the type of test failed, and records that demonstrate\nrehabilitation, if any, must be kept for at least 5 years. An\noperator must maintain documentation which indicates that the\nemployee refused to submit to a test required under Part 199.\nAlthough the regulations do not clearly state that refusal to test\nis to be considered a positive test, an operator must remove the\nemployee from performing a covered function. An operator must be\nable to demonstrate what steps or procedures are in place in their\nanti-drug plan to document that the employee was removed from\nperforming the covered function.\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\nEnforcement","truncated":false,"body_characters":1796}