# Texas Association of Telephone Answering Services, Inc. (TATAS) — Pipeline Safety Interpretation

- **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:** Not available
- **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>>>

U.S. Department
of Transportation
Research and
Special Programs
Administration
September 16, 1992
This is in response to your correspondence of July 23, 1992, requesting an opinion concerning the
applicability of the DOT drug testing regulations to telephone answering services. Your
correspondence indicates that your office represents the Texas Association of Telephone Answering
Services, Inc. (TATAS).
A person is subject to the drug testing regulations under 49 CFR Parts 199 and 40 when that person
performs an operation, maintenance, or emergency-response function on a pipeline or LNG facility
which is regulated by Part 192, 193, or 195. The primary regulation in Part 192 that concerns an
operator's response to a pipeline emergency is § 192.615, "Emergency plans." Under
§ 192.615(a), an operator must have procedures for receiving notices of events that require immediate
response by the operator. Among such events is the smell of gas by a customer. Any employee who is
responsible for answering the telephone or monitoring radio alarms, and then taking notices from
customers as a consequence of performing those activities, is performing a function involved in an
operator's response to a pipeline emergency and is subject to drug testing. "Taking notices" is defined
as writing down the information on a permanent record or form.
To be subject to drug testing, it is not necessary that the employee taking such notices also dispatch
personnel. Dispatching personnel and taking notices are independent functions for which procedures
are required by § 192.615(a).
An employee who merely answers the phone and refers calls to another employee would not subject
the first employee to drug testing, but would subject the latter employee taking notice of the event.
Pipeline operators determine which categories of employees (including contractor employees) are
subject to the drug testing regulations. In this case, each operator must decide if an answering service
is performing a covered function as described by the guidance in the paragraph above.
The definition of "employee," as contained in § 199.3 includes that "The person may be employed by
the operator, be a contractor engaged by the operator, or be employed by such a contractor."
Therefore, pipeline operators who contract with answering services to provide the services described in
§ 192.615(a) would subject the answering service employees to the drug testing requirements
contained in Parts 199 and 40.
dal/199.3/Employee
92-09-16.1
1

<<<PAGE 2>>>

Thank you for your inquiry. testing requirements.
Please let me know if you need any more information about our drug
Sincerely,
Richard L. Rippert
Drug Compliance Coordinator
Office of Pipeline Safety
Enforcement
dal/199.3/Employee
92-09-16.1
2
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