{"operation":"document","citation":"PI-93-067","title":"Pipeline Safety Interpretation PI-93-067","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1993-12-30","effective_on":null,"summary":"PI-93-067 concerning 199.3.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-93-067.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-93-067.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-93-067","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1993/PI93067.pdf","body":"<<<PAGE 1>>>\n\nDecember 30, 1993\nThis is in response to your correspondence of October 15, 1993, requesting guidance on whether\ncertain professionals in \"office positions\" meet the criteria for being included in the random drug\ntesting pool prescribed by 49 CFR Part 199.\nYour correspondence indicates that certain professionals take an active role in assessing\nconditions and assisting in the formulation of a plan to investigate or correct an emergency\nsituation. Although they may direct others in the repair process or in the taking of samples, etc.,\nthey do not perform the work themselves. Your understanding is that persons are in the random\npool only when emergency-response personnel are either working in a customer service type\ncapacity, such as \"receiving and classifying events\" or when these individuals must actually be \"on\nthe pipeline\" when responding to emergencies.\nYour correspodence does not clearly identify the functions performed by the \"professionals\" in\nyour offices who assist in emergency-response functions or investigative procedures. However, a\nperson is subject to drug testing under Part 199 when that person performs on a pipeline or LNG\nfacility an operation, maintenance, or emergency response function that is regulation by 49 CFR\nPart 192, 193 or 195. Persons that serve in supervisory or management capacity are not exempt\nfrom testing under Part 199. However, such persons are subject tot testing only if they actually\nperform a regulated operation, maintenance, or emergency-response function. Merely directing\nthe work of others who perform these regulated functions is not an activity that qualifies a person\nfor drug testing under Part 199.\nThe issue concerning customer service type individuals can best be explained in the following\nmanner. The primary regulation in Part 192 that concerns an operator's response to a pipeline\nemergency is 192.615. Under this section, an operator must have procedures for receiving\nnotices of events that require immediate response by the operator. Among such events is the\nsmell of gas by a customer. Therefore, any employee who is responsible for answering the\ntelephone or monitoring radio alarms, and then taking notices from customers as a consequence\nof performing those activities, is performing a function involved in an operator's response to a\npipeline emergency and is subject to drug testing. \"Taking notices\" is defined as writing down the\ninformation on a permanent record or form. An employee who merely answers the phone and\nrefers calls to another employee would not subject the first employee to drug testing, but would\nsubject the latter employee taking notice of the event.\nIf you need additional information about what might constitute performing an emergency-\nresponse function, please provide more specific information about the individual's job\nrequirements.\ndal/199.3 1\n93-12-30.2\n\n<<<PAGE 2>>>\n\nThank you for your inquiry. Please let me know if you need additional information about our\ndrug testing requirements.\nSincerely,\nRichard L. Rippert\nDrug Compliance Coordinator\nOffice of Pipeline Safety\nCompliance\ndal/199.3 2\n93-12-30.2","truncated":false,"body_characters":3136}