Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 4 - Drug and Alcohol Testing › Chapter 63 - Drug Testing [49 CFR Part 192 Subpart B] › Section XIII-6319 - Reporting of Anti-Drug Testing Results [49 CFR 199.119]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each large operator (having more than 50
				  covered employees) must submit an annual Management Information System (MIS)
				  report to PHMSA of its anti-drug testing using the MIS form and instructions as
				  required by   49 CFR Part 40   (at §40.26 and appendix H to part 40), not
				  later than March 15 of each year for the prior calendar year (January 1 through
				  December 31). The Administrator may require by notice in the PHMSA Portal
				  (https://portal.phmsa.dot.gov/phmsaportallanding) that small operators (50 or
				  fewer covered employees), not otherwise required to submit annual MIS reports,
				  to prepare and submit such reports to PHMSA. [
				49 CFR
				  199.119(a)].
B. Each report required under this section
				  must be submitted electronically at http://damis.dot.gov. An operator may
				  obtain the user name and password needed for electronic reporting from the
				  PHMSA Portal (https://portal.phmsa.dot.gov/phmsaportallanding). If electronic
				  reporting imposes an undue burden and hardship, the operator may submit a
				  written request for an alternative reporting method to the Information
				  Resources Manager, Office of Pipeline Safety, Pipeline and Hazardous Materials
				  Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. The
				  request must describe the undue burden and hardship. PHMSA will review the
				  request and may authorize, in writing, an alternative reporting method. An
				  authorization will state the period for which it is valid, which may be
				  indefinite. An operator must contact PHMSA at 202-366-8075, or electronically
				  to informationresourcesmanager@dot.gov to make arrangements for submitting a
				  report that is due after a request for alternative reporting is submitted but
				  before an authorization or denial is received. [
				49 CFR
				  199.119(b)].
C. To calculate the total number of covered
				  employees eligible for random testing throughout the year, as an operator, you
				  must add the total number of covered employees eligible for testing during each
				  random testing period for the year and divide that total by the number of
				  random testing periods. Covered employees, and only covered employees, are to
				  be in an employer's random testing pool, and all covered employees must be in
				  the random pool. If you are an employer conducting random testing more often
				  than once per month (e.g., you select daily, weekly, bi-weekly), you do not
				  need to compute this total number of covered employees rate more than on a once
				  per month basis. [
				49 CFR
				  199.119(c)]
D. As an employer, you may use a service
				  agent (e.g., C/TPA) to perform random selections for you; and your covered
				  employees may be part of a larger random testing pool of covered employees.
				  However, you must ensure that the service agent you use is testing at the
				  appropriate percentage established for your industry and that only covered
				  employees are in the random testing pool. [
				49 CFR
				  199.119(d)]
E. Each operator that has a covered employee
				  who performs multi-DOT agency functions (e.g., an employee performs pipeline
				  maintenance duties and drives a commercial motor vehicle), count the employee
				  only on the MIS report for the DOT agency under which he or she is randomly
				  tested. Normally, this will be the DOT agency under which the employee performs
				  more than 50 percent of his or her duties. Operators may have to explain the
				  testing data for these employees in the event of a DOT agency inspection or
				  audit. [
				49 CFR
				  199.119(e)]
F. A service agent (e.g., Consortia/Third
				  Party Administrator as defined in 49 CFR Part 40) may prepare the MIS report on
				  behalf of an operator. However, each report shall be certified by the
				  operator's anti-drug manager or designated representative for accuracy and
				  completeness. [
				49 CFR
				  199.119(f)]
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 30:751-757, redesignated as R.S. 30:701-707
					 and
					 R.S. 30:501
					 et seq.