In 49 CFR Part 199, the Pipeline and Hazardous Materials Safety Administration (PHMSA) compliance requires drug and alcohol testing for employees in pipeline facilities operating under 49 CFR parts 192, 193, and 195.
PHMSA compliance conforms with DOT procedures for drug and alcohol testing. DOT PHMSA drug testing procedures are described in 49 CFR Part 40 and include guidelines on pre-employment drug testing, post-accident drug testing, random drug testing, return to duty drug tests, and the types of drug tests.
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PHMSA compliance requires drug testing for the following:
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Pre-employment Testing
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Operators may not hire an employee before drug testing
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Post-accident Testing
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Post-accident drug testing must be given as soon as possible and within 32 hours after the accident.
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Each covered employee who may have contributed to the accident must comply with PHMSA compliance for drug testing.
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If a drug test was not administered within the 32-hour time frame, the employer must give reasons why drug testing did not occur and not continue with drug testing.
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Random Drug Testing
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Employers will select employees for random drug testing each year at the "highest percentage rate established for the calendar year by the DOT agency."
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Employers will drug test when a reasonable cause is shown that the employee is using a prohibited drug.
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Return-to-Duty Testing
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The employee must follow DOT procedures for drug testing before returning to work.
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An employee that refuses a drug test may not return to work.
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Follow-up Drug Testing
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Employees who refuse drug testing or had a positive drug test are subject to random follow-up drug testing.
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Employers do not need to inform the employee prior to follow-up testing.
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The frequency of follow-up testing will be determined by a substance abuse professional.
Alcohol Testing
Pipeline operators may conduct pre-employment alcohol testing, although it is not a requirement. Operators that screen for alcohol will alcohol test covered employees prior to the first performance of job functions. This includes testing new employees and employees that have taken on new positions that involve covered functions. For pre-employment alcohol testing:
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Employers must treat each employee equally, testing all employees.
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Employers must comply with DOT drug test regulations.
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Employers must notify employees prior to alcohol testing.
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Operators will prohibit the use of alcohol for covered employees while they are performing covered job functions, and four hours prior to performing these functions.
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Employees will continue performing covered functions as long as the operator has no knowledge that the employee is using alcohol while performing these functions.
Required alcohol testing includes:
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Reasonable suspicion testing
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Return-to-duty testing
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Follow-up testing
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Post-accident testing
Frequently Asked Questions
Do pipeline workers get drug tested?
Yes. Pipeline drug testing guidelines include pre-employment drug testing, post-accident drug testing, random drug testing, and return-to-duty drug tests. Pipeline operators must maintain PHMSA compliance and follow DOT drug test regulations. Alcohol testing is also required under DOT and PHMSA regulations.
What are the PHMSA compliance laws for drug tests and alcohol?
Pipeline operators in facilities subject to Title 49 parts 192, 193, or 195 are required to drug and alcohol test their covered employees. PHMSA compliance conforms with DOT drug testing regulations. Drug and alcohol testing includes pre-employment testing, post-accident testing, return-to-duty testing, and random drug testing.
This Information Is Not Intended for Legal Purposes
The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Please seek the advice of a legal expert regarding legal advice for drug testing laws in your state.
Citations
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"CFR Title 49." eCFR.gov, 13 January 2022, https://www.ecfr.gov/current/title-49/subtitle-B/chapter-I/subchapter-D/part-199
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"Drug and Alcohol Testing Program Overview." U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration, https://www.phmsa.dot.gov/pipeline/drug-and-alcohol/drug-and-alcohol-testing-program-overview
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"Procedures for Transportation Workplace Drug and Alcohol Testing Programs – Overview of 49 CFR Part 40." U.S. Department of Transportation, Office of Drug and Alcohol Policy & Compliance, https://www.transportation.gov/odapc/part40
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"Drug and Alcohol Testing for Pipeline Facility Employees." Federal Register, https://www.federalregister.gov/documents/2001/09/11/01-22581/drug-and-alcohol-testing-for-pipeline-facility-employees
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"Testing Procedures." Federal Motor Carrier Safety Administration (FMCSA), https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/testing-procedures
