[Federal Register Volume 77, Number 36 (Thursday, February 23, 2012)]
[Rules and Regulations]
[Pages 10666-10667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4157]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 199

[Docket No. PHMSA-2011-0335]


Pipeline Safety: Post Accident Drug and Alcohol Testing

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA); 
DOT.

[[Page 10667]]


ACTION: Notice of Issuance of Advisory Bulletin.

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SUMMARY: PHMSA regulations in Part 199 require pipeline operators and 
operators of Liquefied Natural Gas (LNG) facilities to conduct post-
accident drug and alcohol tests of covered employees. Within the 
mandated timelines after a reportable pipeline accident or incident, 
operators must drug and alcohol test each covered employee whose 
performance either contributed to the accident or cannot be completely 
discounted as a contributing factor to the accident or incident. 
Operators must make the determination of employee contribution to the 
accident or incident promptly to meet the timelines for testing 
required by the regulations. This was further emphasized by the 
National Transportation Safety Board (NTSB) in its report of the 
September 9, 2010, incident in San Bruno, California.

DATES: February 23, 2012.

FOR FURTHER INFORMATION CONTACT: Stanley Kastanas by phone at 202-550-
0629 or by email at <a href="/cdn-cgi/l/email-protection#611215000f0d04184f0a001215000f001221050e154f060e17"><span class="__cf_email__" data-cfemail="2e5d5a4f40424b5700454f5d5a4f404f5d6e4a415a00494158">[email protected]</span></a>, regarding the subject 
matter of this advisory bulletin, or the Dockets Unit, 202-366-4453, 
for copies of this advisory bulletin or other material in the docket. 
All materials in this docket may be accessed electronically at http://www.regulations.gov/search/Regs/home.html#home. General information 
about the PHMSA Office of Pipeline Safety (OPS) can be obtained by 
accessing OPS's Internet home page at http://www.phmsa.dot.gov/pipeline.

SUPPLEMENTARY INFORMATION: 

I. Background

    On September 9, 2010, a 30-inch-diameter segment of an intrastate 
natural gas transmission pipeline owned and operated by the Pacific Gas 
and Electric Company ruptured in a residential area in San Bruno, 
California. As a result of an NTSB investigation of this event, one of 
its recommendations to PHMSA was to issue guidance clarifying the need 
to conduct post-accident drug and alcohol testing of all potentially 
involved personnel despite uncertainty about the circumstances of the 
accident. This advisory bulletin fulfills the NTSB recommendation and 
PHMSA's ongoing commitment to pipeline safety.

II. Advisory Bulletin (ADB-2012-02)

    To: Operators of Gas, Hazardous Liquid, and Carbon Dioxide 
Pipelines and Liquefied Natural Gas Facilities.
    Subject: Post-Accident Drug and Alcohol Testing.
    Advisory: ``The need to conduct post-accident drug and alcohol 
testing of all potentially involved personnel despite uncertainty about 
the circumstances of the accident'' is an important reminder and 
recommendation in the final report of the NTSB--Pacific Gas and 
Electric Company Natural Gas Transmission Pipeline Rupture and Fire, 
San Bruno, California, September 9, 2010, Pipeline Accident Report 
[NTSB/PAR-11/01; Washington, DC]. The term ``accident'' in Part 199 
includes both ``incidents'' reportable under Part 191 and ``accidents'' 
reportable under Part 195. Covered employees include both operator 
employees and contractor employees performing operations, maintenance, 
or emergency response functions. Operators and contractors are 
encouraged to review and update, where necessary, plans and procedures 
governing post-accident substance abuse/misuse testing and train all 
those involved with ensuring that such testing is performed promptly 
and in an effective manner.

Compliance Reminder

    Operators are reminded that covered functions encompass a broad 
range of employee and contractor positions, including, but not limited 
to, contract emergency responders, pressure control technicians, temp-
agency covered employees, and control room operators. If a covered 
employee's performance cannot be completely discounted as a 
contributing factor to the accident or incident, the employee must be 
tested for the potential substance abuse or misuse of both drugs and 
alcohol. In order to meet the testing timelines, do not delay testing 
in order to determine the circumstances surrounding the accident or 
incident. However, the accident or incident circumstances and events 
must be assessed promptly and documented, especially the reasons for 
not drug or alcohol testing an accident-related covered employee.

Key Regulatory Sections Applicable to Post-Accident Drug and Alcohol 
Testing

    The following are key regulatory sections addressing post-accident 
drug and alcohol testing that should be reviewed, along with other 
applicable sections of Part 199:
    <bullet> Under Sec.  199.105, post-accident drug tests of covered 
employees whose performance cannot be completely discounted as a 
contributing factor to the accident must be completed no later than 32 
hours after the accident.
    <bullet> Under Sec.  199.225(a), if an operator does not complete 
post-accident alcohol testing of covered employees whose performance 
cannot be completely discounted as a contributing factor to the 
accident within two hours of the accident, the operator must prepare 
and maintain on file a record stating the reasons the test was not 
promptly administered. If post-accident alcohol testing is not 
administered within eight hours following the accident, the operator 
must cease attempts to administer an alcohol test and must state in the 
record the reasons for not administering the test. Covered employees 
must remain available for post-accident testing, but emergency response 
or medical care of the employee are never to be delayed for alcohol 
testing.
    <bullet> Under Sec.  199.221, each operator shall prohibit a 
covered employee who has actual knowledge of an accident in which his 
or her performance of covered functions has not been discounted by the 
operator as a contributing factor to the accident from using alcohol 
for eight hours following the accident, unless he or she has been given 
a post-accident test under Sec.  199.225(a), or the operator has 
determined that the employee's performance could not have contributed 
to the accident.
    <bullet> Under Sec.  199.103(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 
Procedures Part 40; or (2) refuses to take a drug test required by this 
part.
    <bullet> Under Sec.  199.223, each operator shall require a covered 
employee to submit to a post-accident alcohol test required under Sec.  
199.225(a). No operator shall permit an employee who refuses to submit 
to such a test to perform or continue to perform covered functions.
    <bullet> Under Sec.  199.233, no operator shall permit any covered 
employee to perform covered functions if the employee has engaged in 
conduct prohibited by Sec. Sec.  199.215 through 199.223.

    Issued in Washington, DC, February 15, 2012.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. 2012-4157 Filed 2-22-12; 8:45 am]
BILLING CODE 4910-60-P


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