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3, Background <br />Safety. The DOT requires transportation employers to develop and implement drug and alcohol testing programs <br />n the interest of public safety. Safety is the highest priority for DOT. One of the means by which the DOT helps <br />ensure safety is by subjecting those workers responsible for transportation safety to drug and alcohol testing. <br />Workers tested under the DOT program have a direct impact on the safety of the traveling public or the safety of <br />those potentially affected by the transportation of hazardous products, such as natural gas, liquefied natural gas <br />(LNG) and hazardous liquids. <br />Test Procedures. The overall responsibility for management and coordination of the DOT program resides <br />within the Office of the Secretary of Transportation's (OST), Office of Drug and Alcohol Policy and Compliance <br />(ODAPC). ODAPC issues Part 40. Whether the transportation employee is a pipeline worker, truck driver, or airline <br />pilot, their drug and alcohol tests are conducted using the same Part 40 procedures. This consistency benefits all <br />employees affected by DOT regulations in each agency's regulations must adhere to DOT's testing procedures. <br />Better known simply as "Part 40", this rule has become the standard for workplace testing in the United States. <br />Compliance Enforcement. Regulation and enforcement within the different transportation industries is the <br />responsibility of the DOT agency that has authority over the particular industry. The regulatory authority requiring <br />drug and alcohol testing of safety -sensitive employees in aviation, trucking, railroads, and mass transit industries is <br />the Omnibus Transportation Employee Testing Act of 19915 (OTETA). The OTETA did not specifically address the <br />pipeline industry. PHMSA has regulatory authority over the pipeline industry and conveyed their authority, for <br />drug and alcohol testing, through the issuance of their regulation - Part 199, Part 199 spells out who is subject <br />to testing, when and in what situations. Operators, and in turn, 'their associated contractors, implement the <br />regulations. <br />II. GENERAL <br />1. Scope <br />Operators of pipeline facilities subject to 49 CFR Parts 1928, 1937, or 1958 are required to test covered employees <br />for the presence of prohibited drugs and alcohol. Contractors doing similar work on the behalf of their operators <br />are subject to the same requirements. Part 199, requires of each operator the assurance that any contractor <br />performing any DOT covered safety -sensitive work for that operator, under Parts 192, 193, or 195, is in full <br />compliance with the provisions of the DOT's drug and alcohol program, as applicable. <br />2. Applicability <br />Part 199, and the provisions of the Plan, applies to operators and contractors only with respect to their employees <br />located within the territory of the United States, including those employees located within the limits of the "Outer <br />Continental Shelf'. Part 199 and the provisions of the Plan do not apply to covered functions performed on <br />master meter systems or pipeline systems that transport only petroleum gas or petroleum gas/air mixtures. <br />s Public Law t02-143, October 28, 1991,'I'itle V—Omnibus'Cransportation Employee Testing, 105 Stat 952-965; 49 O.S.C. 45104(2). <br />e Part 192 — "Cransportation of Natm'a( and Other Gas by Pipeline: Minimum Federal Safety Standards <br />Part 193—Liquefied Natural Gas Facilities: Federal Safety Standards <br />s Part 195 —Transportation of Hazardous Liquids by Pipeline <br />Premium Concrete Services, Inc.- PHMSA DRUG/ALCOHOL PLAN <br />�� NATIONAL GOMPLIAi10E MANAGEMENT SERVICE. ING. (NGMS) 2011 (uptlate 10Zi I. Tlie rICMS plan is <br />Itie subject of a registe,'etl copyrtght and is proteued Uy cupyrlghl Isws in Ue U.S. entl elseviM1ei'e. All �glils <br />esErved <br />