PHMSA Regulation 49 CFR Part 199
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Oil and gas companies working on pipeline must follow DOT regulations for drug and alcohol testing. The PHMSA regulation is 49 CFR Part 199. These drug and alcohol testing regulations require operators, and their contractors, of natural gas and other gas pipeline transportation, hazardous liquids pipeline transportation, and liquefied natural gas (LNG) pipeline facilities to:
- Have anti-drug and alcohol misuse prevention plans and programs applicable to persons who perform operating, maintenance, or emergency-response functions covered by the DOT pipeline safety regulations in 49 CFR Parts 192, 193 or 195.
The summary highlights of Pipeline and Hazardous Materials Safety Administration (PHMSA) regulation 49 CFR Part 199 are as follows:
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.
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.