{"operation":"document","citation":"PI-94-008","title":"Pipeline Safety Interpretation PI-94-008","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1994-02-09","effective_on":null,"summary":"PI-94-008 concerning 199.3.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-94-008.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-94-008.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-94-008","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/pipeline/interpretations/76351/pi-94008.pdf","body":"<<<PAGE 1>>>\n\nFebruary 9, 1994\nThis is response to your correspondence of September 20, 1993, requesting guidance in\ndetermining whether certain common tasks performed for ARCO pipe line company by\nenvironmental service contractors would subject their employees to the drug testing requirements\nunder 49 CFR Parts 199 and 40. You indicate that ARCO currently requires companies\nperforming the type of work described in your letter to comply with the drug testing regulations.\nRecent comments from some contractors and an opinion letter issued by this office on July 1,\n1993, have prompted ARCO to question whether these contractors are covered under Parts 199\nand 40.\nIn general, it should be noted that procedures directing “ spill clean-up” such as removal of\ncontaminated soil, water or conducting bore sampling of soil and water are not regulated\nfunctions under Part 192, 193, or 195, and thus do not subject employees to RSPA’ s drug testing\nprogram.\nYour correspondence presents five different scenarios and seeks a written response explaining\nwhich of them, if any, are subject to the drug testing regulations. Your scenarios are restated\nbelow with our response.\nSCENARIO #1: A contractor performs site characterization work at a site within the pipeline\nright-of-way. The work is performed in areas five to ten feet from the pipeline and consists of\ndrilling soil borings, installing groundwater monitoring wells, excavating sample collection pits or\ntrenches (with backhoes and other excavating equipment) and collecting soil, groundwater or\nsurface water samples. Samples will not be collected from the pipeline at any time; however,\ninvestigative samples will be collected five to ten feet from the pipeline. (The contractor does not\ncontact the pipeline at any time.)\nANSWER: Based on the information provided in this scenario, it does not appear that the\ncontractor is performing covered functions. Since the work does not appear to satisfy a Part 192,\n193, or 195 operating, maintenance, or emergency-response requirement, the contractor\nemployees would not be subject to drug testing.\nSCENARIO #2: A contractor performs ex-situ remedial activities at a site within the pipeline\nright-of-way. The work is performed in areas over, under and around the pipeline and consists of\nexcavating contaminated soil (with backhoes and other large excavating equipment), removing,\nthermally treating or bioremediating the soil and backfilling the excavation with treated soil or\nclean fill material. Bioremediation requires nutrient addition and tilling with large equipment.\n(The contractor does not contact the pipeline at any time\nANSWER: Based on the information provided in this scenario, it would appear that the\ncontractor is performing covered functions, especially if the work being completed is to satisfy a\nrequirement of Section 192.319(b) or 195.252. Your scenario indicates that this process is being\nconducted in areas over, under and around the pipeline and also involves backfilling the\nexcavated areas. The scenario presented appears to meet the 3-part test of performing a covered\ndal/199.1 1\n94-02-09\n\n<<<PAGE 2>>>\n\nfunction (operation, maintenance, or emergency-response; on the pipeline; and subject to the\nregulations contained in Part 192 or 195).\nSCENARIO #3: A contractor performs in-situ remedial activities at a site within the pipeline\nright-of-way. The work is performed five to ten feet from the pipeline and includes installation of\nseveral vent and water wells, air sparging of groundwater, extraction of soil vapors and the\naddition of nutrients required by micro-organisms. (The contractor does not contact the pipeline\nat any time.)\nANSWER: Based on the information provided in this scenario, it does not appear that the\ncontractor is performing covered functions. Since the work does not appear to satisfy a Part 192,\n193, or 195 operating, maintenance, or emergency-response requirement, the contractor\nemployees would not be subject to drug testing.\nSCENARIO #4: A contractor performs clean-up activities stemming from a pipeline emergency\nsituation. The work includes containing spilled product, cleaning-up the product, excavating\ncontaminated soil (with backhoes and other large excavating equipment) and backfilling with\nclean fill material. (The contractor does not contact the pipeline at any time during the response.)\nANSWER: In the scenario above, if the work being completed is required to satisfy a backfilling\nrequirement under Section 192.319(b) or 195.252, then the contractor employees would be\nsubject to drug testing.\nSCENARIO #5: A contractor performs long-term monitoring at a site near the pipeline. The\nwork includes collecting samples from groundwater monitoring wells, performing air monitoring\nand collecting confirmation soil samples. (The contractor does not contact the pipeline at any\ntime.)\nANSWER: Based on the information provided in this scenario, it does not appear that the\ncontractor is performing covered functions. Since the work does not appear to satisfy a Part 192,\n193, or 195 operating, maintenance, or emergency-response requirement, the contractor\nemployees would not be subject to drug testing.\nThank you for your inquiry. Please let me know if you need additional information about our\ndrug testing requirements.\nSincerely,\nRichard L. Rippert\nDrug & Alcohol Program Manager\nOffice of Pipeline Safety\nCompliance\ndal/199.1 2\n94-02-09","truncated":false,"body_characters":5420}