{"operation":"document","citation":"PI-94-007","title":"Pipeline Safety Interpretation PI-94-007","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1994-02-08","effective_on":null,"summary":"PI-94-007 concerning 199.115, 199.3.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-94-007.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-94-007.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-94-007","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/pipeline/interpretations/76346/pi-94007.pdf","body":"<<<PAGE 1>>>\n\nFebruary 8, 1994\nThis is in response to your correspondence of November 1, 1993, requesting an opinion to\ndetermine whether the services that your company provides to pipeline operators would subject\nyour employees to the drug testing requirements under 49 CFR Parts 199 and 40.\nYou indicated your company’ s major function is to independently observe pressure tests of\npipelines that transport liquid or gas hydrocarbons and then to prepare and issue certified test\nreports. These services include tests of both newly constructed pipelines and for periodical\ntesting of existing pipelines.\nYour three questions and our responses are outlined below:\nQUESTION: Can a contractor disclose the specific drug test results to the pipeline\ncompany for whom it is performing services requiring drug testing under 49 CFR Part\n199? If your answer to the above question is no, can our company disclose “statistical”\ndrug test results to a pipeline operating company?\nANSWER: Under 49 CFR Section 199.21, an operator is responsible for ensuring that its\ncontractors are in compliance with the drug testing regulations. To ensure compliance, the\nregulation provides that an operator must be allowed access to the contractor’ s records, including\nrecords relating to specific drug testing results. While Section 199.23(b) restrict disclosure of\ninformation regarding specific drug testing results, the regulation does not apply to an operator\nmonitoring its “ employees” for purposes of compliance with the drug testing regulations. Thus,\nan operator may require a contractor to provide specific drug testing information and statistical\ndata on those employees performing a covered function for the operator during the duration of\nthe contract.\nQUESTION: Are our employees subject to drug testing in accordance with Part 199? Our\nemployees observe initial pressure testing of newly constructed pipelines and periodical\ntesting of existing pipelines. Initial pressure testing of newly constructed pipelines is a\nrequired function under 49 CFR Parts 192 and 195. However, periodical pressure testing\n(other than initial pressure testing) of existing pipelines is not required under Parts 192 and\n195. A representative of the California Fire Marshal’ s Office presented an opinion letter,\ndated April 10, 1990, prepared by your office which addressed the issue of witnessing “Live\nGas Test.”\nANSWER: Since new construction is exempted from the drug testing regulations the\nobservation of initial pressure testing by your employees would not subject them to the drug\ndal/199.1 1\n94-02-08.doc\n\n<<<PAGE 2>>>\n\ntesting requirements. Also witnessing a test for some reason unconnected with compliance with a\nPart 192 operation or maintenance requirement would not subject an employee to drug testing.\nSubpart J of Part 192 does address various test requirements when operators perform repair,\nreplacement or relocation of pipelines. Hydrostatic testing would involve operation of a pipeline,\nmaintenance of a pipeline, or the response to a pipeline emergency. Therefore, if such testing is\ndone to satisfy an operation or maintenance requirement of Part 192, such as checking the line for\nleaks, then the employees performing the function would be subject to the drug testing\nregulations.\nAn example might be, when a corroded pipeline section is replaced and hydrostatically tested as\nrequired, the hydrostatic testing involves maintenance or possibly emergency response. As\nanother example, when a pipeline is hydrostatically tested to qualify it for operation at a higher\npressure, the hydrostatic testing involves operation of the pipeline.\nThank you for your inquiry. Please let me know if you need additional information about our\ndrug testing requirements.\nSincerely,\nRichard L. Rippert\nDrug and Alcohol Program Manager\nOffice of Pipeline Safety\nCompliance\ndal/199.1 2\n94-02-08.doc","truncated":false,"body_characters":3878}