DOT 49 CFR PART 199-2010 DRUG AND ALCOHOL TESTING.pdf

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1、247 Pipeline and Hazardous Materials Safety Administration, DOT Pt. 199 (e) Except with respect to interstate transmission facilities as defined in the pipeline safety laws (49 U.S.C. 60101 et seq.), operators of underground pipeline facilities must be required to partici-pate in the one-call notifi

2、cation sys-tems that cover the areas of the State in which those pipeline facilities are located. (f) Operators of underground pipeline facilities participating in the one-call notification systems must be required to respond in the manner prescribed by 192.614 (b)(4) through (b)(6) of this chapter

3、to notices of intended exca-vation activity received from the oper-ational center of a one-call notification system. (g) Persons who operate one-call no-tification systems or operators of un-derground pipeline facilities partici-pating or required to participate in the one-call notification systems

4、must be required to notify the public and known excavators in the manner pre-scribed by 192.614 (b)(1) and (b)(2) of this chapter of the availability and use of one-call notification systems to lo-cate underground pipeline facilities. However, this paragraph does not apply to persons (including oper

5、ators master meters) whose primary activity does not include the production, transpor-tation or marketing of gas or haz-ardous liquids. (h) Operators of underground pipeline facilities (other than operators of interstate transmission facilities as de-fined in the pipeline safety laws (49 U.S.C. 6010

6、1 et seq.), and interstate pipelines as defined in 195.2 of this chapter), excavators and persons who operate one-call notification systems who violate the applicable require-ments of this subpart must be subject to civil penalties and injunctive relief that are substantially the same as are provide

7、d under the pipeline safety laws (49 U.S.C. 60101 et seq.). 55 FR 38691, Sept. 20, 1990, as amended by Amdt. 1982, 61 FR 18518, Apr. 26, 1996 198.39 Qualifications for operation of one-call notification system. A one-call notification system quali-fies to operate under this subpart if it complies wi

8、th the following: (a) It is operated by one or more of the following: (1) A person who operates under-ground pipeline facilities or other un-derground facilities. (2) A private contractor. (3) A State or local government agen-cy. (4) A person who is otherwise eligible under State law to operate a on

9、e-call notification system. (b) It receives and records informa-tion from excavators about intended excavation activities. (c) It promptly transmits to the ap-propriate operators of underground pipeline facilities the information re-ceived from excavators about intended excavation activities. (d) It

10、 maintains a record of each no-tice of intent to engage in an exca-vation activity for the minimum time set by the State or, in the absence of such time, for the time specified in the applicable State statute of limitations on tort actions. (e) It tells persons giving notice of an intent to engage i

11、n an excavation ac-tivity the names of participating oper-ators of underground pipeline facilities to whom the notice will be trans-mitted. PART 199DRUG AND ALCOHOL TESTING Subpart AGeneral Sec. 199.1 Scope. 199.2 Applicability. 199.3 Definitions. 199.5 DOT procedures. 199.7 Stand-down waivers. 199.

12、9 Preemption of State and local laws. Subpart BDrug Testing 199.100 Purpose. 199.101 Anti-drug plan. 199.103 Use of persons who fail or refuse a drug test. 199.105 Drug tests required. 199.107 Drug testing laboratory. 199.109 Review of drug testing results. 199.111 Retention of samples and additiona

13、l testing. 199.113 Employee assistance program. 199.115 Contractor employees. 199.117 Recordkeeping. 199.119 Reporting of anti-drug testing re-sults. VerDate Mar2010 11:22 Dec 13, 2010 Jkt 220214 PO 00000 Frm 00257 Fmt 8010 Sfmt 8010 Y:SGML220214.XXX 220214wwoods2 on DSK1DXX6B1PROD with CFRProvided

14、by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-248 49 CFR Ch. I (10110 Edition) 199.1 Subpart CAlcohol Misuse Prevention Program 199.200 Purpose. 199.201 Reserved 199.202 Alcohol misuse plan. 199.203199.205 Reserved 199.209 Other requirements imposed by oper

15、-ators. 199.211 Requirement for notice. 199.213 Reserved 199.215 Alcohol concentration. 199.217 On-duty use. 199.219 Pre-duty use. 199.221 Use following an accident. 199.223 Refusal to submit to a required alco-hol test. 199.225 Alcohol tests required. 199.227 Retention of records. 199.229 Reporting

16、 of alcohol testing results. 199.231 Access to facilities and records. 199.233 Removal from covered function. 199.235 Required evaluation and testing. 199.237 Other alcohol-related conduct. 199.239 Operator obligation to promulgate a policy on the misuse of alcohol. 199.241 Training for supervisors.

17、 199.243 Referral, evaluation, and treatment. 199.245 Contractor employees. AUTHORITY: 49 U.S.C. 5103, 60102, 60104, 60108, 60117, and 60118; 49 CFR 1.53. SOURCE: 53 FR 47096, Nov. 21, 1988, unless otherwise noted. Subpart AGeneral 199.1 Scope. This part requires operators of pipe-line facilities su

18、bject to part 192, 193, or 195 of this chapter to test covered em-ployees for the presence of prohibited drugs and alcohol. Amdt. 19919, 66 FR 47117, Sept. 11, 2001 199.2 Applicability. (a) This part applies to pipeline oper-ators only with respect to employees located within the territory of the Un

19、ited States, including those employ-ees located within the limits of the Outer Continental Shelf as that term is defined in the Outer Conti-nental Shelf Lands Act (43 U.S.C. 1331). (b) This part does not apply to any person for whom compliance with this part would violate the domestic laws or polici

20、es of another country. (c) This part does not apply to cov-ered functions performed on (1) Master meter systems, as defined in 191.3 of this chapter; or (2) Pipeline systems that transport only petroleum gas or petroleum gas/ air mixtures. Amdt. 19919, 66 FR 47117, Sept. 11, 2001 199.3 Definitions.

21、As used in this part Accident means an incident report-able under part 191 of this chapter in-volving gas pipeline facilities or LNG facilities, or an accident reportable under part 195 of this chapter involving hazardous liquid pipeline facilities. Administrator means the Adminis-trator, Pipeline a

22、nd Hazardous Mate-rials Safety Administration or his or her delegate. Covered employee, employee, or indi-vidual to be tested means a person who performs a covered function, including persons employed by operators, con-tractors engaged by operators, and per-sons employed by such contractors. Covered

23、 function means an operations, maintenance, or emergency-response function regulated by part 192, 193, or 195 of this chapter that is performed on a pipeline or on an LNG facility. DOT Procedures means the Proce-dures for Transportation Workplace Drug and Alcohol Testing Programs published by the Of

24、fice of the Sec-retary of Transportation in part 40 of this title. Fail a drug test means that the con-firmation test result shows positive evidence of the presence under DOT Procedures of a prohibited drug in an employees system. Operator means a person who owns or operates pipeline facilities subj

25、ect to part 192, 193, or 195 of this chapter. Pass a drug test means that initial testing or confirmation testing under DOT Procedures does not show evi-dence of the presence of a prohibited drug in a persons system. Performs a covered function includes actually performing, ready to perform, or imme

26、diately available to perform a covered function. Positive rate for random drug testing means the number of verified positive results for random drug tests con-ducted under this part plus the number of refusals of random drug tests re-quired by this part, divided by the VerDate Mar2010 11:22 Dec 13,

27、2010 Jkt 220214 PO 00000 Frm 00258 Fmt 8010 Sfmt 8010 Y:SGML220214.XXX 220214wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-249 Pipeline and Hazardous Materials Safety Administration, DOT 199.100 total number of ran

28、dom drug tests re-sults (i.e., positives, negatives, and re-fusals) under this part. Prohibited drug means any of the fol-lowing substances specified in Schedule I or Schedule II of the Controlled Sub-stances Act (21 U.S.C. 812): marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP). Re

29、fuse to submit, refuse, or refuse to take means behavior consistent with DOT Procedures concerning refusal to take a drug test or refusal to take an alcohol test. State agency means an agency of any of the several states, the District of Co-lumbia, or Puerto Rico that partici-pates under the pipelin

30、e safety laws (49 U.S.C. 60101 et seq.) 53 FR 47096, Nov. 21, 1988, as amended by Amdt. 1992, 54 FR 51850, Dec. 18, 1989; 59 FR 62227, Dec. 2, 1994; Amdt. 19913, 61 FR 18518, Apr. 26, 1996; Amdt. 19915, 63 FR 13000, Mar. 17, 1998; Amdt. 19919, 66 FR 47117, Sept. 11, 2001; 68 FR 11750, Mar. 12, 2003;

31、 68 FR 75465, Dec. 31, 2003; 70 FR 11140, Mar. 8, 2005 199.5 DOT procedures. The anti-drug and alcohol programs required by this part must be con-ducted according to the requirements of this part and DOT Procedures. Terms and concepts used in this part have the same meaning as in DOT Pro-cedures. Vi

32、olations of DOT Procedures with respect to anti-drug and alcohol programs required by this part are vio-lations of this part. Amdt. 19919, 66 FR 47118, Sept. 11, 2001 199.7 Stand-down waivers. (a) Each operator who seeks a waiver under 40.21 of this title from the stand-down restriction must submit

33、an application for waiver in duplicate to the Associate Administrator for Pipe-line Safety, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE, Washington, DC 205900001. (b) Each application must (1) Identify 40.21 of this title as t

34、he rule from which the waiver is sought; (2) Explain why the waiver is re-quested and describe the employees to be covered by the waiver; (3) Contain the information required by 40.21 of this title and any other in-formation or arguments available to support the waiver requested; and (4) Unless good

35、 cause is shown in the application, be submitted at least 60 days before the proposed effective date of the waiver. (c) No public hearing or other pro-ceeding is held directly on an applica-tion before its disposition under this section. If the Associate Administrator determines that the application

36、 con-tains adequate justification, he or she grants the waiver. If the Associate Ad-ministrator determines that the appli-cation does not justify granting the waiver, he or she denies the applica-tion. The Associate Administrator no-tifies each applicant of the decision to grant or deny an applicati

37、on. Amdt. 19919, 66 FR 47118, Sept. 11, 2001, as amended at 70 FR 11140, Mar. 8, 2005; 74 FR 2894, Jan. 16, 2009 199.9 Preemption of State and local laws. (a) Except as provided in paragraph (b) of this section, this part preempts any State or local law, rule, regula-tion, or order to the extent tha

38、t: (1) Compliance with both the State or local requirement and this part is not possible; (2) Compliance with the State or local requirement is an obstacle to the accomplishment and execution of any requirement in this part; or (3) The State or local requirement is a pipeline safety standard applica

39、ble to interstate pipeline facilities. (b) This part shall not be construed to preempt provisions of State crimi-nal law that impose sanctions for reck-less conduct leading to actual loss of life, injury, or damage to property, whether the provisions apply specifi-cally to transportation employees o

40、r employers or to the general public. Amdt. 1999, 59 FR 7430, Feb. 15, 1994. Redes-ignated and amended by Amdt. 19919, 66 FR 47119, Sept. 11, 2001 Subpart BDrug Testing 199.100 Purpose. The purpose of this subpart is to es-tablish programs designed to help pre-vent accidents and injuries resulting V

41、erDate Mar2010 11:22 Dec 13, 2010 Jkt 220214 PO 00000 Frm 00259 Fmt 8010 Sfmt 8010 Y:SGML220214.XXX 220214wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-250 49 CFR Ch. I (10110 Edition) 199.101 from the use of prohi

42、bited drugs by em-ployees who perform covered functions for operators of certain pipeline facili-ties subject to part 192, 193, or 195 of this chapter. Amdt. 19919, 66 FR 47118, Sept. 11, 2001 199.101 Anti-drug plan. (a) Each operator shall maintain and follow a written anti-drug plan that conforms

43、to the requirements of this part and the DOT Procedures. The plan must contain (1) Methods and procedures for com-pliance with all the requirements of this part, including the employee as-sistance program; (2) The name and address of each lab-oratory that analyzes the specimens collected for drug te

44、sting; (3) The name and address of the oper-ators Medical Review Officer, and Sub-stance Abuse Professional; and (4) Procedures for notifying employ-ees of the coverage and provisions of the plan. (b) The Administrator or the State Agency that has submitted a current certification under the pipeline

45、 safety laws (49 U.S.C. 60101 et seq.) with re-spect to the pipeline facility governed by an operators plans and procedures may, after notice and opportunity for hearing as provided in 49 CFR 190.237 or the relevant State procedures, require the operator to amend its plans and procedures as necessar

46、y to provide a reasonable level of safety. 53 FR 47096, Nov. 21, 1988, as amended by Amdt. 1992, 54 FR 51850, Dec. 18, 1989; Amdt. 1994, 56 FR 31091, July 9, 1991; 56 FR 41077, Aug. 19, 1991; Amdt. 19913, 61 FR 18518, Apr. 26, 1996; Amdt. 19915, 63 FR 36863, July 8, 1998. Redesignated by Amdt. 19919

47、, 66 FR 47118, Sept. 11, 2001 199.103 Use of persons who fail or refuse a drug test. (a) An operator may not knowingly use as an employee any person who (1) Fails a drug test required by this part and the medical review officer makes a determination under DOT Pro-cedures; or (2) Refuses to take a dr

48、ug test re-quired by this part. (b) Paragraph (a)(1) of this section does not apply to a person who has (1) Passed a drug test under DOT Pro-cedures; (2) Been considered by the medical review officer in accordance with DOT Procedures and been determined by a substance abuse professional to have succ

49、essfully completed required edu-cation or treatment; and (3) Not failed a drug test required by this part after returning to duty. 53 FR 47096, Nov. 21, 1988, as amended by Amdt. 1992, 54 FR 51850, Dec. 18, 1989. Redes-ignated and amended by Amdt. 19919, 66 FR 47118, Sept. 11, 2001 199.105 Drug tests required. Each operator shall conduct the fol-lowing drug tests for the presence of a prohibited