{"operation":"document","citation":"PI-92-048","title":"Texas Association of Telephone Answering Services, Inc. (TATAS) — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1992-09-16","effective_on":null,"summary":"PI-92-048 response to Texas Association of Telephone Answering Services, Inc. (TATAS) concerning 199.3.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-92-048.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-92-048.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-92-048","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1992/PI92048.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nResearch and\nSpecial Programs\nAdministration\nSeptember 16, 1992\nThis is in response to your correspondence of July 23, 1992, requesting an opinion concerning the\napplicability of the DOT drug testing regulations to telephone answering services. Your\ncorrespondence indicates that your office represents the Texas Association of Telephone Answering\nServices, Inc. (TATAS).\nA person is subject to the drug testing regulations under 49 CFR Parts 199 and 40 when that person\nperforms an operation, maintenance, or emergency-response function on a pipeline or LNG facility\nwhich is regulated by Part 192, 193, or 195. The primary regulation in Part 192 that concerns an\noperator's response to a pipeline emergency is § 192.615, \"Emergency plans.\" Under\n§ 192.615(a), an operator must have procedures for receiving notices of events that require immediate\nresponse by the operator. Among such events is the smell of gas by a customer. Any employee who is\nresponsible for answering the telephone or monitoring radio alarms, and then taking notices from\ncustomers as a consequence of performing those activities, is performing a function involved in an\noperator's response to a pipeline emergency and is subject to drug testing. \"Taking notices\" is defined\nas writing down the information on a permanent record or form.\nTo be subject to drug testing, it is not necessary that the employee taking such notices also dispatch\npersonnel. Dispatching personnel and taking notices are independent functions for which procedures\nare required by § 192.615(a).\nAn employee who merely answers the phone and refers calls to another employee would not subject\nthe first employee to drug testing, but would subject the latter employee taking notice of the event.\nPipeline operators determine which categories of employees (including contractor employees) are\nsubject to the drug testing regulations. In this case, each operator must decide if an answering service\nis performing a covered function as described by the guidance in the paragraph above.\nThe definition of \"employee,\" as contained in § 199.3 includes that \"The person may be employed by\nthe operator, be a contractor engaged by the operator, or be employed by such a contractor.\"\nTherefore, pipeline operators who contract with answering services to provide the services described in\n§ 192.615(a) would subject the answering service employees to the drug testing requirements\ncontained in Parts 199 and 40.\ndal/199.3/Employee\n92-09-16.1\n1\n\n<<<PAGE 2>>>\n\nThank you for your inquiry. testing requirements.\nPlease let me know if you need any more information about our drug\nSincerely,\nRichard L. Rippert\nDrug Compliance Coordinator\nOffice of Pipeline Safety\nEnforcement\ndal/199.3/Employee\n92-09-16.1\n2","truncated":false,"body_characters":2787}