{"operation":"document","citation":"PI-94-013","title":"Pipeline Safety Interpretation PI-94-013","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1994-02-25","effective_on":null,"summary":"PI-94-013 concerning 199.3.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-94-013.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-94-013.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-94-013","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/pipeline/interpretations/76356/pi-94013.pdf","body":"<<<PAGE 1>>>\n\nFebruary 25, 1994\nThis is in response to your correspondence of October 15, 1993, requesting a written clarification\nof whether certain activities performed by Southern California Gas Company are safety-sensitive,\nthereby requiring their inclusion in the U.S. Department of Transportation, Research and Special\nPrograms Administration’ s anti-drug program set out in 49 CFR Parts 199 and 40.\nYour correspondence indicates that the company replaces and/or relocates segments of pipelines\nthat have been removed from service. The job involves cutting the pipeline and welding end caps\non the existing line at the tie-in points to completely isolate the segment to be removed or\nreplaced.\nYour two questions and our responses are outlined below:\nQUESTION: When a new segment of significant length is constructed to replace or change\nthe location of an existing segment, and the new location is some distance away in a new\ntrench and right-of-way and no lines being worked on contains gas, is the construction of\nthe new segment considered to be safety-sensitive work? In this example, construction\nperformed by the contractor does not include any tie-in work.\nANSWER: Yes. We apply a 3-part test when determining if a function being performed would\nbe subject to the drug testing regulations. If the function involves the performance of an\noperation, maintenance, or emergency-response on the pipeline and the function is regulated\nunder Parts 192, 193, or 195, then the drug testing regulations are applied. When an operator\nemploys a person for a covered function involved in replacement, that person is subject to drug\ntesting under Part 199 if Parts 192, 193 or 195 regulate the function. The procedure you outlined\nis a replacement function which meets the requirements for drug testing under Part 199. Because\nthe primary purpose of replacement is maintenance, functions involved in replacing an existing\npipeline or any part of it are maintenance functions done on a pipeline.\nQUESTION: If all the contractor is doing is excavating a new trench for a pipeline in a\nnew right-of-way for a replacement or relocation job, is the trenching activity a covered\nfunction?\nANSWER: No. Excavating for a new trench in the right-of-way would not be considered as\nperforming a covered function because it is not on the pipeline. The only exception to this would\nbe operating earth moving equipment to expose and/or backfill a pipeline during an operation,\nmaintenance, or emergency-response function which is regulated by Parts 192, 193, or 195.\ndal/199.1 1\n94-02-25.doc\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 and Alcohol Program Manager\nOffice of Pipeline Safety\nCompliance\ndal/199.1 2\n94-02-25.doc","truncated":false,"body_characters":2835}