# Pipeline Safety Interpretation PI-92-027

- **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:** Not available
- **summary:** PI-92-027 concerning 199.7.
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- **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>>>

July 9, 1992
This is in response to your correspondence dated May 7, 1992,
requesting an interpretation of Sections 199.9 and 199.23 regarding
an employee who refuses to submit to a drug test and whether the
operator must keep records showing the refusal to test.
The drug testing requirements contained in 49 CFR Part 199.9
require that an operator may not knowingly use as an employee any
person who fails a drug test required by Part 199 or refuses to
take a drug test required by Part 199. If an individual refuses to
take a test, an operator may not use that person to perform an
operation, maintenance, or emergency-response function on a
pipeline or LNG facility which is regulated by Part 192, 193, or
195. An individual who refuses to take a test must be removed from
performing a covered function and the individual is deemed to have
tested positive.
Section 199.23(a)(2) requires that an operator maintain records of
employee drug test results that show an employee failed a drug
test, the type of test failed, and records that demonstrate
rehabilitation, if any, must be kept for at least 5 years. An
operator must maintain documentation which indicates that the
employee refused to submit to a test required under Part 199.
Although the regulations do not clearly state that refusal to test
is to be considered a positive test, an operator must remove the
employee from performing a covered function. An operator must be
able to demonstrate what steps or procedures are in place in their
anti-drug plan to document that the employee was removed from
performing the covered function.
Thank you for your inquiry. Please let me know if you need any
more information about our drug testing requirements.
Sincerely,
Richard L. Rippert
Drug Compliance Coordinator
Enforcement
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