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-6305 - Drug Tests Required [49 CFR 199.105]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each operator shall conduct the following
				  drug tests for the presence of a prohibited drug. [
				49 CFR
				  199.105]
1.
				  Pre-Employment Testing. No operator may hire or contract for the use of any
				  person as an employee unless that person passes a drug test or is covered by an
				  anti-drug program that conforms to the requirements of this Chapter. [
				49 CFR
				  199.105(a)]
2. Post-Accident Testing [
				49 CFR
				  199.105(b)]
a. As soon as possible but no later than 32
				  hours after an accident, an operator must drug test each surviving covered
				  employee whose performance of a covered function either contributed to the
				  accident or cannot be completely discounted as a contributing factor to the
				  accident. An operator may decide not to test under this Subparagraph but such a
				  decision must be based on specific information that the covered employee's
				  performance had no role in the cause(s) or severity of the accident. [
				49 CFR
				  199.105(b)(1)]
b. If a test required by this section is not
				  administered within the 32 hours following the accident, the operator must
				  prepare and maintain its decision stating the reasons why the test was not
				  promptly administered. If a test required by Paragraph B.1 of this Section is
				  not administered within 32 hours following the accident, the operator must
				  cease attempts to administer a drug test and must state in the record the
				  reasons for not administering the test. [
				49 CFR
				  199.105(b)(2)
				  ]
3. Random Testing [
				49 CFR
				  199.105(c)].
a. Except as provided in Subparagraph 3.b
				  through d of this Subsection, the minimum annual percentage rate for random
				  drug testing shall be 50 percent of covered employees. [
				49 CFR
				  199.105(c)(1)]
b. The administrator's decision to increase
				  or decrease the minimum annual percentage rate for random drug testing is based
				  on the reported positive rate for the entire industry. All information used for
				  this determination is drawn from the drug MIS reports required by this Chapter.
				  In order to ensure reliability of the data, the administrator considers the
				  quality and completeness of the reported data, may obtain additional
				  information or reports from operators, and may make appropriate modifications
				  in calculating the industry positive rate. Each year, the administrator will
				  publish in the
Federal Register
the minimum annual percentage
				  rate for random drug testing of covered employees. The new minimum annual
				  percentage rate for random drug testing will be applicable starting January 1
				  of the calendar year following publication. [
				49 CFR
				  199.105(c)(2)]
c. When the minimum annual percentage rate
				  for random drug testing is 50 percent, the administrator may lower this rate to
				  25 percent of all covered employees if the administrator determines that the
				  data received under the reporting requirements of
				  §6319 for two
				  consecutive calendar years indicate that the reported positive rate is less
				  than 1 percent. [
				49 CFR
				  199.105(c)(3)]
d. When the minimum annual percentage rate
				  for random drug testing is 25 percent, and the data received under the
				  reporting requirements of
				  §6319 for any
				  calendar year indicate that the reported positive rate is equal to or greater
				  than 1 percent, the administrator will increase the minimum annual percentage
				  rate for random drug testing to 50 percent of all covered employees. [
				49 CFR
				  199.105(c)(4)]
e. The selection of employees for random drug
				  testing shall be made by a scientifically valid method, such as a random number
				  table or a computer-based random number generator that is matched with
				  employees' social security numbers, payroll identification numbers, or other
				  comparable identifying numbers. Under the selection process used, each covered
				  employee shall have an equal chance of being tested each time selections are
				  made. [
				49 CFR
				  199.105(c)(5)]
f. The operator shall randomly select a
				  sufficient number of covered employees for testing during each calendar year to
				  equal an annual rate not less than the minimum annual percentage rate for
				  random drug testing determined by the administrator. If the operator conducts
				  random drug testing through a consortium, the number of employees to be tested
				  may be calculated for each individual operator or may be based on the total
				  number of covered employees covered by the consortium who are subject to random
				  drug testing at the same minimum annual percentage rate under this Chapter or
				  any DOT drug testing rule. [
				49 CFR
				  199.105(c)(6)]
g. Each operator shall ensure that random
				  drug tests conducted under this Chapter are unannounced and that the dates for
				  administering random tests are spread reasonably throughout the calendar year.
				  [
				49 CFR
				  199.105(c)(7)]
h. If a given covered employee is subject to
				  random drug testing under the drug testing rules of more than one DOT agency
				  for the same operator, the employee shall be subject to random drug testing at
				  the percentage rate established for the calendar year by the DOT agency
				  regulating more than 50 percent of the employee's function. [
				49 CFR
				  199.105(c)(8)]
i. If an operator is required to conduct
				  random drug testing under the drug testing rules of more than one DOT agency,
				  the operator may: [
				49 CFR
				  199.105(c)(9)]
i. establish separate pools for random
				  selection, with each pool containing the covered employees who are subject to
				  testing at the same required rate; or [
				49 CFR
				  199.105(c)(9)(i)]
ii. randomly select such employees for
				  testing at the highest percentage rate established for the calendar year by any
				  DOT agency to which the operator is subject. [
				49 CFR
				  199.105(c)(9)(ii)
				  ]
4. Testing
				  Based on Reasonable Cause. Each operator shall drug test each employee when
				  there is reasonable cause to believe the employee is using a prohibited drug.
				  The decision to test must be based on a reasonable and articulable belief that
				  the employee is using a prohibited drug on the basis of specific,
				  contemporaneous physical, behavioral, or performance indicators of probable
				  drug use. At least two of the employee's supervisors, one of whom is trained in
				  detection of the possible symptoms of drug use, shall substantiate and concur
				  in the decision to test an employee. The concurrence between the two
				  supervisors may be by telephone. However, in the case of operators with 50 or
				  fewer employees subject to testing under this Chapter, only one supervisor of
				  the employee trained in detecting possible drug use symptoms shall substantiate
				  the decision to test. [
				49 CFR
				  199.105(d)]
5. Return-to-Duty. A covered employee who
				  refuses to take or has a positive drug test may not return to duty in the
				  covered function until the covered employee has complied with applicable
				  provisions of DOT procedures concerning substance abuse professionals and the
				  return-to-duty process. [
				49 CFR
				  199.105(e)]
6. Follow-Up Testing. A covered employee
				  refuses to take or has a positive drug test shall be subject to unannounced
				  follow-up drug tests administered by the operator following the covered
				  employee's return to duty. The number and frequency of such follow-up testing
				  shall be determined by a substance abuse professional, but shall consist of at
				  least six tests in the first 12 months following the covered employee's return
				  to duty. In addition, follow-up testing may include testing for alcohol as
				  directed by the substance abuse professional, to be performed in accordance
				  with  49 CFR Part 40 . Follow-up testing shall not exceed 60 months from the date
				  of the covered employee's return to duty. The substance abuse professional may
				  terminate the requirement for follow-up testing at any time after the first six
				  tests have been administered, if the substance abuse professional determines
				  that such testing is no longer necessary. [  49 CFR 199  .105(f)]