{"operation":"document","citation":"PI-92-050","title":"Pipeline Safety Interpretation PI-92-050","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1992-09-16","effective_on":null,"summary":"PI-92-050 concerning 199.3.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-92-050.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-92-050.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-92-050","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1992/PI92050.pdf","body":"<<<PAGE 1>>>\n\nSeptember 16, 1992\nThis is in response to your letter of August 14, 1992, concerning pre-employment testing of\nemployees. Your correspondence indicates that the utilities has required employee of both covered and\nnon-covered positions to be subjected to the same drug testing requirements as applicable to gas\ndepartment employees. You asked whether an employee of the utilities would be subject to pre-\nemployment testing if the employee desires to transfer from an uncovered position to a covered\nposition?\nAn employee who performs an operation, maintenance, or emergency-response function must pass a\npre-employment test before performing those covered functions. The drug testing requirements\ncontained in 49 CFR Part 199.11(a) require that an operator may not use as an employee any person\nwho has not passed a drug test or refuses to take a drug test required by Part 199. It would appear\nfrom your correspondence that you are using the same testing forms and procedures for both your non-\ncovered and covered positions. Testing of your non-covered employees must be based on the\nauthority of the utility, and not this agency because these employees are not subject to the requirements\nof Part 199.\nTherefore, an employee who is promoted or transferred from a non-covered into a covered position\nsubject to the requirements of Part 199 must pass RSPA prescribed pre-employment test prior to\nperforming the covered functions. Previous inclusion in a company authorized drug testing program\nwill not suffice.\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/No Original\n92-09-16.2","truncated":false,"body_characters":1772}