DOT Agency - Pipeline and Hazardous Materials Safety Administration

The PHMSA regulation is 49 CFR Part 199 - Click Here

 

Covered employee:

A person who performs on a pipeline or liquefied natural gas (LNG) facility an operation, maintenance, or emergency-response function. 

Types of tests for drugs:

Pre-employment, random, reasonable cause, post-accident, return-to-duty, and follow-up. 

Types of tests for alcohol:

Post-accident, reasonable suspicion, return-to-duty, and follow-up. 

Definition of accident requiring testing:

An accident is one involving gas pipeline facilities or LNG facilities or involving hazardous liquid or carbon dioxide pipeline facilities. 

Reasonable-suspicion determination:

One trained supervisor can make the decision based upon signs and symptoms. 

Reasonable-cause determination:

One trained supervisor can make the decision based upon reasonable and articulable belief that the employee is using prohibited drugs on the basis of specific, contemporaneous physical, behavioral, or performance indicators of probable drug use. 

Pre-duty alcohol use prohibitions:

Four (4) hours prior to performance of duty. 

Actions for BACs 0.02 – 0.039:

If the employer chooses to return the employee to covered service within 8 hours, the BAC retest must be below 0.02. 

Employee training (Drugs):

Employer must provide EAP education with display and distribution of informational materials; display and distribution of a community service hot-line telephone number; and display and distribution of the employer’s policy regarding the use of prohibited drugs. 

Employee Training (Alcohol):

Employer must develop materials that explain policies and procedures (as well as names of those who can answer questions about the program) and distribute them to each covered employee. 

Supervisor training:

One-hour of training is required on the specific, contemporaneous physical, behavioral, and performance indicators of probable drug use. One-hour of training is also required on the specific, contemporaneous physical, behavioral, and performance indicators of probable alcohol use. 

Reportable employee drug and alcohol violations:

No requirements to report violations to PHMSA.