reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 4 - Drug and Alcohol Testing › Chapter 61 - General [Part 199-Subpart A] › Section XIII-6107 - Stand-Down Waivers [49 CFR 199 .7]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each operator who seeks a waiver under  49 CFR §
											40.21  from the stand-down restriction must submit an application for
				  waiver in duplicate to the Associate Administrator for Pipeline Safety,
Pipeline and Hazardous Materials Safety Administration
, U.S.
				  Department of Transportation, 1200 New Jersey Avenue, SE, Washington, DC
				  20590-0001 [
				49 CFR
				  199.7(a)].
B. Each applicant must: [
				49 CFR
				  199.7(b)]
1. identify
				  49
				  CFR 40.21 as the rule from which the waiver
				  is sought; [
				49 CFR
				  199.7(b)(1)]
2. explain why the waiver is requested and
				  describe the employees to be covered by the waiver; [
				49 CFR
				  199.7(b)(2)]
3. contain the information required by  49 CFR §
												40.21  and any other information or arguments to support the waiver
				  requested; and [
				49 CFR
				  199.7(b)(3)]
4. unless good cause is shown in the
				  application, be submitted at least 60 days before the proposed effective date
				  of the waiver. [
				49 CFR
				  199.7(b)(4)]
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 4 - Drug and Alcohol Testing › Chapter 61 - General [Part 199-Subpart A] › Section XIII-6109 - Preemption of State and Local Laws [49 CFR 199 .9]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as provided in Subsection B of this
				  Section, this Subpart preempts any state or local law, rule, regulation, or
				  order to the extent that: [
				49 CFR
				  199.9(a)]
1. compliance with both the state or local
				  requirement and this Subpart is not possible; [
				49 CFR
				  199.9(a)(1)]
2. compliance with the state or local
				  requirement is an obstacle to the accomplishment and execution of any
				  requirement in this Subpart; or [
				49 CFR
				  199.9(a)(2)]
3. the state or local requirement is a
				  pipeline safety standard applicable to interstate pipeline facilities. [
				49 CFR
				  199.9(a)(3)]
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-6300 - Purpose [49 CFR 199.100]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  purpose of this Chapter is to establish programs designed to help prevent
				  accidents and injuries resulting from the use of prohibited drugs by employees
				  who perform covered functions for operators of certain pipeline facilities
				  subject to LAC 43:XIII, and LAC 33:V Subpart 3 [ 49 CFR Part 192, 193, or 195 ].
				  [49 CFR
				  199.100]
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.
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-6301 - Anti-Drug Plan [49 CFR 199.101]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each operator shall maintain and follow a
				  written anti-drug plan that conforms to the requirements of this Chapter and
				  the DOT procedures. The plan must contain: [
				49 CFR
				  199.101(a)]
1. methods and procedures for compliance with
				  all the requirements of this Chapter, including the employee assistance
				  program; [
				49 CFR
				  199.101(a)(1)]
2. the name and address of each laboratory
				  that analyzes the specimens collected for drug testing; and [
				49 CFR
				  199.101(a)(2)]
3. the name and address of the operator's
				  medical review officer and, substance abuse professional; and [
				49 CFR
				  199.101(a)(3)]
4. procedures for notifying employees of the
				  coverage and provisions of the plan. [
				49 CFR
				  199.101(a)(4)]
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-6303 - Use of Persons Who Fail or Refuse a Drug Test [49 CFR 199 .103]

Current through Register Vol. 50, No. 6, June 20, 2024
A. An operator may
				  not knowingly use as an employee any person who: [
				49 CFR
				  199.103(a)]
1. fails a drug test required by this Chapter
				  and the medical review officer makes a determination under DOT procedures; or [
				49 CFR
				  199.103(a)(1)]
2. refuses to take a drug test required by
				  this Chapter. [
				49 CFR
				  199.103(a)(2)]
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-6307 - Drug Testing Laboratory [49 CFR 199 .107]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each operator shall use for the drug
				  testing required by this Chapter only drug testing laboratories certified by
				  the Department of Health and Human Services under the DOT procedures. [
				49 CFR
				  199.107(a)]
B. The drug testing laboratory must permit: [
				49 CFR
				  199.107(b)]
1. inspections by the operator before the
				  laboratory is awarded a testing contract; and [
				49 CFR
				  199.107(b)(1)]
2. unannounced inspections, including
				  examination of records, at any time, by the operator, the administrator, and if
				  the operator is subject to state agency jurisdiction, a representative of that
				  state agency. [
				49 CFR
				  199.107(b)(2)]
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-6309 - Review of Drug Testing Results [49 CFR 199 .109]

Current through Register Vol. 50, No. 6, June 20, 2024
A. MRO Appointment. Each operator shall
				  designate or appoint a medical review officer (MRO). If an operator does not
				  have a qualified individual on staff to serve as MRO, the operator may contract
				  for the provision of MRO services as part of its anti-drug program. [
				49 CFR
				  199.109(a)]
B. MRO Qualifications. Each MRO must be a
				  licensed physician who has the qualifications required by DOT procedures. [
				49 CFR
				  199.109(b)]
C. MRO Duties. The MRO must perform functions
				  for the operator as required by DOT procedures. [
				49 CFR
				  199.109(c)]
D. MRO Reports. The MRO must report all drug
				  test results to the operator in accordance with DOT procedure. [
				49 CFR
				  199.109(d)]
E. Evaluation and rehabilitation may be
				  provided by the operator, by a substance abuse professional under contract with
				  the operator, or by a substance abuse professional not affiliated with the
				  operator. The choice of substance abuse professional and assignment or costs
				  shall be made in accordance with the operator/employee agreements and
				  operator/employee policies. [
				49 CFR
				  199.109(e)]
F. The operator shall ensure that a substance
				  abuse professional, who determines that a covered employee requires assistance
				  in resolving problems with drug abuse, does not refer the covered employee to
				  the substance abuse professional's private practice or to a person or
				  organization from which the substance abuse professional receives remuneration
				  or in which the substance abuse professional has a financial interest. This
				  Subsection does not prohibit a substance abuse professional from referring a
				  covered employee for assistance provided through: [   49 CFR 199   .109(f)]
1. a public agency, such as state, parish, or
				  municipality; [ 49 CFR 199 .109(f)(1)]
2. the operator or a person under contract to
				  provide treatment for drug problems on behalf of the operator; [
				49 CFR
				  199.109(f)(2)]
3. the sole source or therapeutically
				  appropriate treatment under the employee's health insurance program; or [  49
				  CFR 199  .109(f)(3)]
4. the sole
				  source of therapeutically appropriate treatment reasonably accessible to the
				  employee. [
				49 CFR
				  199.109(f)(4)]
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-6311 - [Repealed] Retention of Samples and Additional Testing [49 CFR 199.111]

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 30:751-757.
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-6313 - Employee Assistance Program [49 CFR 199.113]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each operator shall provide an employee
				  assistance program (EAP) for its employees and supervisory personnel who will
				  determine whether an employee must be drug tested based on reasonable cause.
				  The operator may establish the EAP as a part of its internal personnel services
				  or the operator may contract with an entity that provides EAP services. Each
				  EAP must include education and training on drug use. At the discretion of the
				  operator, the EAP may include an opportunity for employee rehabilitation. [
				49 CFR
				  199.113(a)]
B. Education under each EAP must include at
				  least the following elements: display and distribution of informational
				  material; display and distribution of a community service hot-line telephone
				  number for employee assistance; and display and distribution of the employer's
				  policy regarding the use of prohibited drugs. [
				49 CFR
				  199.113(b)]
C. Training under each EAP for supervisory
				  personnel who will determine whether an employee must be drug tested based on
				  reasonable cause must include one 60-minute period of training on the specific,
				  contemporaneous physical, behavioral, and performance indicators of probable
				  drug use. [
				49 CFR
				  199.113(c)]
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:751-757.
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-6315 - Contractor Employees [49 CFR 199.115]

Current through Register Vol. 50, No. 6, June 20, 2024
A. With respect to those employees who are
				  contractors or employed by a contractor, an operator may provide by contract
				  that the drug testing, education, and training required by this Chapter be
				  carried out by the contractor provided: [
				49 CFR
				  199.115]
1.
				  the operator remains responsible for ensuring that the requirements of this
				  Chapter are complied with; and [
				49 CFR
				  199.115(a)]
2. the contractor allows access to property
				  and records by the operator, the administrator, and if the operator is subject
				  to the jurisdiction of a state agency, a representative of the state agency for
				  the purpose of monitoring the operator's compliance with the requirements of
				  this Chapter. [
				49 CFR
				  199.115(b)]
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-6317 - Recordkeeping [49 CFR 199.117]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  operator shall keep the following records for the periods specified and permit
				  access to the records as provided by Subsection B of this Section. [
				49
				  CFR 199.117(a)]
1. Records that demonstrate the collection
				  process conforms to this Chapter must be kept for at least three years. [
				49
				  CFR 199.117(a)(1)]
2. Records of employee drug test that
				  indicate a verified positive result, records that demonstrate compliance with
				  the recommendations of a substance abuse professional, and MIS annual report
				  data shall be maintained for a minimum of five years: [
				49
				  CFR 199.117(a)(2)]
a. the function performed by each employee
				  who had a positive drug test; [
				49
				  CFR
				  199.117(a)(2)(i)]
b. the prohibited drugs which were used by an
				  employee who had a positive drug test; [
				49
				  CFR 199.117(a)(2)(ii)
				  ]
c. the disposition of each
				  employee who had a positive drug test or refused a drug test (e.g.,
				  termination, rehabilitation, removed from covered function, other). [
				49
				  CFR 199.117(a)(2)(iii)
				  ]
3. Records of employee
				  drug test results that show employees passed a drug test must be kept for at
				  least one year. [
				49
				  CFR 199.117(a)(3)]
4. Records confirming that supervisors and
				  employees have been trained as required by this Chapter must be kept for at
				  least three years. [
				49
				  CFR 199.117(a)(4)]
5. Records of decisions not to administer
				  post-accident employee drug tests must be kept for at least 3 years [
				49
				  CFR 199.117(a)(5)
				  ]
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 4 - Drug and Alcohol Testing › Chapter 65 - Alcohol Misuse Prevention Program [49 CFR Part 192 Subpart C] › Section XIII-6501 - Purpose [49 CFR 199 .200]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  purpose of this Chapter is to establish programs designed to help prevent
				  accidents and injuries resulting from the misuse of alcohol by employees who
				  perform covered functions for operators of certain pipeline facilities subject
				  to LAC 43:XIII, and LAC 33:V Subpart 3 [Parts 192, 193, or 195]. [
				49 CFR
				  199.200]
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.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 4 - Drug and Alcohol Testing › Chapter 65 - Alcohol Misuse Prevention Program [49 CFR Part 192 Subpart C] › Section XIII-6502 - Alcohol Misuse Plan [49 CFR 199 .202]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each operator must maintain and follow a
				  written alcohol misuse plan that conforms to the requirements of this part and
				  DOT procedures concerning alcohol testing programs. The plan shall contain
				  methods and procedures for compliance with all the requirements of this
				  Chapter, including required testing, recordkeeping, reporting, education and
				  training elements. [
				49 CFR
				  199.202]
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.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 4 - Drug and Alcohol Testing › Chapter 65 - Alcohol Misuse Prevention Program [49 CFR Part 192 Subpart C] › Section XIII-6509 - Other Requirements Imposed by Operators [49 CFR 199 .209]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
				  expressly provided in this Chapter, nothing in this Chapter shall be construed
				  to affect the authority of operators, or the rights of employees, with respect
				  to the use or possession of alcohol, including authority and rights with
				  respect to alcohol testing and rehabilitation. [
				49 CFR
				  199.209(a)]
B. Operators may, but are not required to,
				  conduct pre-employment alcohol testing under this Subpart. Each operator that
				  conducts pre-employment alcohol testing must: [     49 CFR 199     .209(b)]
1. conduct a pre-employment alcohol test
				  before the first performance of covered functions by every covered employee
				  (whether a new employee or someone who has transferred to a position involving
				  the performance of covered functions); [ 49 CFR 199 .209(b)(1)]
2. treat all covered employees the same for
				  the purpose of pre-employment alcohol testing (i.e., you must not test some
				  covered employees and not others); [ 49 CFR 199 .209(b)(2)]
3. conduct the pre-employment tests after
				  making a contingent offer of employment or transfer, subject to the employee
				  passing the pre-employment alcohol test; [ 49 CFR 199 .209(b)(3)]
4. conduct all pre-employment alcohol tests
				  using the alcohol testing procedures in DOT procedures; and [
				49 CFR
				  199.209(b)(4)]
5. not allow any covered employee to begin
				  performing covered functions unless the results of the employee's test
				  indicates an alcohol concentration of less than 0.04. [  49 CFR 199
				   .209(b)(5)]
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 4 - Drug and Alcohol Testing › Chapter 65 - Alcohol Misuse Prevention Program [49 CFR Part 192 Subpart C] › Section XIII-6511 - Requirement for Notice [49 CFR 199 .211]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Before performing an alcohol test under
				  this Chapter, each operator shall notify a covered employee that the alcohol
				  test is required by this Chapter. No operator shall falsely represent that a
				  test is administered under this Chapter. [
				49 CFR
				  199.211]
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.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 4 - Drug and Alcohol Testing › Chapter 65 - Alcohol Misuse Prevention Program [49 CFR Part 192 Subpart C] › Section XIII-6515 - Alcohol Concentration [49 CFR 199.215]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each operator shall prohibit a covered
				  employee from reporting for duty or remaining on duty requiring the performance
				  of covered functions while having an alcohol concentration of 0.04 or greater.
				  No operator having actual knowledge that a covered employee has an alcohol
				  concentration of 0.04 or greater shall permit the employee to perform or
				  continue to perform covered functions. [
				49 CFR
				  199.215]
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.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 4 - Drug and Alcohol Testing › Chapter 65 - Alcohol Misuse Prevention Program [49 CFR Part 192 Subpart C] › Section XIII-6517 - On-Duty Use [49 CFR 199.217]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  operator shall prohibit a covered employee from using alcohol while performing
				  covered functions. No operator having actual knowledge that a covered employee
				  is using alcohol while performing covered functions shall permit the employee
				  to perform or continue to perform covered functions. [
				49
				  CFR 199.217]
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.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 4 - Drug and Alcohol Testing › Chapter 65 - Alcohol Misuse Prevention Program [49 CFR Part 192 Subpart C] › Section XIII-6519 - Pre-Duty Use [49 CFR 199.219]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  operator shall prohibit a covered employee from using alcohol within four hours
				  prior to performing covered functions, or, if an employee is called to duty to
				  respond to an emergency, within the time period after the employee has been
				  notified to report for duty. No operator having actual knowledge that a covered
				  employee has used alcohol within four hours prior to performing covered
				  functions or within the time period after the employee has been notified to
				  report for duty shall permit that covered employee to perform or continue to
				  perform covered functions. [
				49
				  CFR 199.219]
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.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 4 - Drug and Alcohol Testing › Chapter 65 - Alcohol Misuse Prevention Program [49 CFR Part 192 Subpart C] › Section XIII-6521 - Use Following an Accident [49 CFR 199 .221]

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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 §6525 A, or the operator has determined that the employee's
				  performance could not have contributed to the accident. [
				49 CFR
				  199.221]
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.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 4 - Drug and Alcohol Testing › Chapter 65 - Alcohol Misuse Prevention Program [49 CFR Part 192 Subpart C] › Section XIII-6523 - Refusal to Submit to a Required Alcohol Test [49 CFR 199.223]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each operator
				  shall require a covered employee to submit to a post-accident alcohol test
				  required under §6525. A 1, a reasonable suspicion alcohol test required
				  under §6525. A 2, or a follow-up alcohol test required under §6525.
				  A.4 No operator shall permit an employee who refuses to submit to such a test
				  to perform or continue to perform covered functions. [
				49 CFR
				  199.223]
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.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 4 - Drug and Alcohol Testing › Chapter 65 - Alcohol Misuse Prevention Program [49 CFR Part 192 Subpart C] › Section XIII-6525 - Alcohol Tests Required [49 CFR 199.225]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each operator shall conduct the following
				  types of alcohol tests for the presence of alcohol. [
				49 CFR
				  199.225]
1.
				  Post-Accident [
				49 CFR
				  199.225(a)]
a. As soon as practicable following an
				  accident, each operator must test each surviving covered employee for alcohol
				  if that employee's performance of a covered function either contributed to the
				  accident or cannot be completely discounted as a contributing factor to the
				  accident. The decision not to administer a test under this section 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
				  199.225(a)(1)]
b. If a test required by this Section is not
				  administered within two hours following the accident, the operator shall
				  prepare and maintain on file a record stating the reasons the test was not
				  promptly administered. If a test required by Paragraph A.1 is not administered
				  within eight hours following the accident, the operator shall cease attempts to
				  administer an alcohol test and shall state in the record the reasons for not
				  administering the test. [
				49 CFR
				  199.225(a)(2)(i)]
c. A covered employee who is subject to
				  post-accident testing who fails to remain readily available for such testing,
				  including notifying the operator or operator representative of his/her location
				  if he/she leaves the scene of the accident prior to submission to such test,
				  may be deemed by the operator to have refused to submit to testing. Nothing in
				  this Section shall be construed to require the delay of necessary medical
				  attention for injured people following an accident or to prohibit a covered
				  employee from leaving the scene of an accident for the period necessary to
				  obtain assistance in responding to the accident or to obtain necessary
				  emergency medical care. [
				49 CFR
				  199.225(a)(3)]
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 4 - Drug and Alcohol Testing › Chapter 65 - Alcohol Misuse Prevention Program [49 CFR Part 192 Subpart C] › Section XIII-6527 - Retention of Records [49 CFR 199.227]

Current through Register Vol. 50, No. 6, June 20, 2024
A. General Requirement. Each operator shall
				  maintain records of its alcohol misuse prevention program as provided in this
				  Section. The records shall be maintained in a secure location with controlled
				  access. [
				49 CFR
				  199.227(a)]
B. Period of Retention . Each operator shall
				  maintain the records in accordance with the following schedule. [
				49 CFR
				  199.227(b)]
1. Five Years . Records of employee alcohol
				  test results with results indicating an alcohol concentration of 0.02 or
				  greater, documentation of refusals to take required alcohol tests, calibration
				  documentation, employee evaluation and referrals, and MIS annual report data
				  shall be maintained for a minimum of five years. [
				49 CFR
				  199.227(b)(1)]
2. Two Years . Records related to the
				  collection process (except calibration of evidential breath testing devices),
				  and training shall be maintained for a minimum of two years. [
				49 CFR
				  199.227(b)(2)]
3. One Year . Records of all test results
				  below 0.02 (as defined in  49 CFR Part 40) shall be maintained for a minimum of
				  one year. [
				49 CFR
				  199.227(b)(3)]
4. Three years. Records of decisions not to
				  administer post- accident employee alcohol tests must be kept for a minimum of
				  three years. [
				49 CFR
				  199.227(b)(4)
				  ]
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 4 - Drug and Alcohol Testing › Chapter 65 - Alcohol Misuse Prevention Program [49 CFR Part 192 Subpart C] › Section XIII-6533 - Removal from Covered Function [49 CFR 199 .233]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as provided in
				  §§6539-6543, no operator shall permit any covered employee to perform
				  covered functions if the employee has engaged in conduct prohibited by
				  §6515 or an
				  alcohol misuse rule of another DOT agency. [
				49 CFR
				  199.233]
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.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 4 - Drug and Alcohol Testing › Chapter 65 - Alcohol Misuse Prevention Program [49 CFR Part 192 Subpart C] › Section XIII-6535 - Required Evaluation and Testing [49 CFR 199.235]

Current through Register Vol. 50, No. 6, June 20, 2024
A. No operator shall permit a covered
				  employee who has engaged in conduct prohibited by §6515-6523 to perform
				  covered functions unless the employee has met the requirements of §6543 [
				49 CFR
				  199.235]
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.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 4 - Drug and Alcohol Testing › Chapter 65 - Alcohol Misuse Prevention Program [49 CFR Part 192 Subpart C] › Section XIII-6537 - Other Alcohol-Related Conduct [49 CFR 199.237]

Current through Register Vol. 50, No. 6, June 20, 2024
A. No operator shall permit a covered
				  employee tested under the provisions of §6525, who is found to have an
				  alcohol concentration of 0.02 or greater but less than 0.04, to perform or
				  continue to perform covered functions, until: [
				49 CFR
				  199.237(a)]
1. the employee's alcohol concentration
				  measures less than 0.02 in accordance with a test administered under
				  §6525. A 5; or [
				49 CFR
				  199.237(a)(1)]
2. the start of the employee's next regularly
				  scheduled duty period, but not less than eight hours following administration
				  of the test. [
				49 CFR
				  199.237(a)(2)]
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 4 - Drug and Alcohol Testing › Chapter 65 - Alcohol Misuse Prevention Program [49 CFR Part 192 Subpart C] › Section XIII-6539 - Operator Obligation to Promulgate a Policy on the Misuse of Alcohol [49 CFR 199.239]

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
				  Requirements. Each operator shall provide educational materials that explain
				  these alcohol misuse requirements and the operator's policies and procedures
				  with respect to meeting those requirements. [
				49
				  CFR 199.239(a)]
1. The operator shall ensure that a copy of
				  these materials is distributed to each covered employee prior to start of
				  alcohol testing under this Chapter, and to each person subsequently hired for
				  or transferred to a covered position. [
				49
				  CFR 199.239(a)(1)]
2. Each operator shall provide written notice
				  to representatives of employee organizations of the availability of this
				  information. [
				49
				  CFR 199.239(a)(2)]
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 4 - Drug and Alcohol Testing › Chapter 65 - Alcohol Misuse Prevention Program [49 CFR Part 192 Subpart C] › Section XIII-6541 - Training for Supervisors [49 CFR 199.241]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each operator shall ensure that persons
				  designated to determine whether reasonable suspicion exists to require a
				  covered employee to undergo alcohol testing under §6525. A.2 receive at
				  least 60 minutes of training on the physical, behavioral, speech, and
				  performance indicators of probable alcohol misuse. [
				49 CFR
				  199.241]
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.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 4 - Drug and Alcohol Testing › Chapter 65 - Alcohol Misuse Prevention Program [49 CFR Part 192 Subpart C] › Section XIII-6543 - Referral, Evaluation, and Treatment [49 CFR 199.243]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each covered employee who has engaged in
				  conduct prohibited by §6515-6523 of this Chapter shall be advised of the
				  resources available to the covered employee in evaluating and resolving
				  problems associated with the misuse of alcohol, including the names, addresses,
				  and telephone numbers of substance abuse professionals and counseling and
				  treatment programs. [
				49 CFR
				  199.243(a)]
B. Each covered employee who engages in
				  conduct prohibited under §6515-6523 shall be evaluated by a substance
				  abuse professional who shall determine what assistance, if any, the employee
				  needs in resolving problems associated with alcohol misuse. [
				49 CFR
				  199.243(b)]
C.
1.
				  Before a covered employee returns to duty requiring the performance of a
				  covered function after engaging in conduct prohibited by §6515-6523 of
				  this Chapter, the employee shall undergo a return-to-duty alcohol test with a
				  result indicating an alcohol concentration of less than 0.02. [
				49 CFR
				  199.243(c)(1)]
2. In addition, each covered employee
				  identified as needing assistance in resolving problems associated with alcohol
				  misuse: [
				49 CFR
				  199.243(c)(2)]
a. shall be evaluated by a substance abuse
				  professional to determine that the employee has properly followed any
				  rehabilitation program prescribed under Subsection B of this Section, and [
				49 CFR
				  199.243(c)(2)(i)]
b. shall be subject to unannounced follow-up
				  alcohol tests administered by the operator following the 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 employee's return to duty. In addition, follow-up
				  testing may include testing for drugs, 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 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
				  199.243(c)(2)(ii)
				  ]
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 4 - Drug and Alcohol Testing › Chapter 65 - Alcohol Misuse Prevention Program [49 CFR Part 192 Subpart C] › Section XIII-6545 - Contractor Employees [49 CFR 199.245]

Current through Register Vol. 50, No. 6, June 20, 2024
A. With respect to those covered employees
				  who are contractors or employed by a contractor, an operator may provide by
				  contract that the alcohol testing, training and education required by this
				  Chapter be carried out by the contractor provided: [
				49 CFR
				  199.245(a)]
1. the operator remains responsible for
				  ensuring that the requirements of this Chapter and   49 CFR Part 40   are complied
				  with; and [
				49 CFR
				  199.245(b)]
2. the contractor allows access to property
				  and records by the operator, the administrator, any DOT agency with regulatory
				  authority over the operator or covered employee, and, if the operator is
				  subject to the jurisdiction of a state agency, a representative of the state
				  agency for the purposes of monitoring the operator's compliance with the
				  requirements of this Chapter and 49 CFR Part 40. [
				49 CFR
				  199.245(c)]
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 67 - General [49 CFR Part 193 Subpart A] › Section XIII-6701 - Scope of Part [49 CFR 193.2001]

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  This part prescribes safety standards for LNG facilities used in the
				  transportation of gas by pipeline that is subject to the pipeline safety laws (49
				  U.S.C. 60101 et seq.) and LAC 43:XIII.Subpart
				  3. [
				49
				  CFR 193.2001(a)]
B. This part does not apply to:
1. LNG facilities used by ultimate consumers
				  of LNG or natural gas; [
				49
				  CFR 193.2001(b)(1)
				  ]
2. LNG facilities used in the
				  course of natural gas treatment or hydrocarbon extraction which do not store
				  LNG; [
				49
				  CFR 193.2001(b)(2)
				  ]
3. in the case of a marine cargo
				  transfer system and associated facilities, any matter other than siting
				  pertaining to the system or facilities between the marine vessel and the last
				  manifold (or in the absence of a manifold, the last valve) located immediately
				  before a storage tank; [
				49
				  CFR 193.2001(b)(3)
				  ]
4. any LNG facility located in
				  navigable waters (as defined in Section 3(8) of the Federal Power Act [
				16
				  U.S.C. 796(8)]. [
				49
				  CFR 193.2001(b)(4)
				  ]
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 67 - General [49 CFR Part 193 Subpart A] › Section XIII-6705 - Applicability [49 CFR 193.2005]

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Regulations in this part governing siting, design, installation, or
				  construction of LNG facilities (including material incorporated by reference in
				  these regulations) do not apply to LNG facilities in existence or under
				  construction when the regulations go into effect. [
				49
				  CFR 193.2005(a)]
B. If an existing LNG facility (or facility
				  under construction before March 31, 2000 is replaced, relocated or
				  significantly altered after March 31, 2000, the facility must comply with the
				  applicable requirements of this part governing, siting, design, installation,
				  and construction, except that:
1. the siting
				  requirements apply only to LNG storage tanks that are significantly altered by
				  increasing the original storage capacity or relocated; and [
				49
				  CFR 193.2005(b)(1)
				  ]
2. to the extent compliance with
				  the design, installation, and construction requirements would make the
				  replaced, relocated, or altered facility incompatible with the other facilities
				  or would otherwise be impractical, the replaced, relocated, or significantly
				  altered facility may be designed, installed, or constructed in accordance with
				  the original specifications for the facility, or in another manner subject to
				  the approval of the commissioner. [
				49
				  CFR 193.2005(b)(2)
				  ]
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 67 - General [49 CFR Part 193 Subpart A] › Section XIII-6709 - Rules of Regulatory Construction [49 CFR 193.2009]

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in this Part:
Includes
-including but not limited to; [
					 49CFR
					 193.2009(a)(1)]
May
-is permitted to or is authorized to; [
					 49 CFR
					 193.2009(a)(2)]
May Not
-is not permitted to or is not
					 authorized to; and [
					 49 CFR
					 193.2009(a)(3)]
Shall or Must
-used in the mandatory and
					 imperative sense. [
					 49 CFR
					 193.2009(a)(4)
					 ].
B. In this Part:
1. words importing the singular include the
				  plural; and [
				49 CFR
				  193.2009(b)(1)]
2. words importing the plural include the
				  singular. [
				49 CFR
				  193.2009(b)(2)
				  ]
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 67 - General [49 CFR Part 193 Subpart A] › Section XIII-6711 - Reporting [49 CFR 193.2011]

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Incidents, safety-related conditions, and annual pipeline summary data for LNG
				  plants or facilities must be reported in accordance with requirements of
				  Chapter 3 of Subpart 2. [75 FR 72906, Nov. 26, 2010] [
				49 CFR
				  193.2011]
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:551.C.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 67 - General [49 CFR Part 193 Subpart A] › Section XIII-6713 - What documents are incorporated by reference partly or wholly in this part? [49 CFR 193.2013]

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Part
				  prescribes standards, or portions thereof, incorporated by reference into this
				  part with the approval of the Director of the
Federal Register
in
				  5
				  U.S.C. 552(a) and
				  1 CFR part 51. The
				  materials listed in this section have the full force of law. To enforce any
				  edition other than that specified in this section, PHMSA must publish a notice
				  of change in the
Federal Register
. [
				49 CFR
				  193.2013(a)]
1. Availability of standards incorporated by
				  reference. All of the materials incorporated by reference are available for
				  inspection from several sources, including the following:
a. the Office of Pipeline Safety, Pipeline
				  and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE.,
				  Washington, DC 20590. For more information contact 202-366-4046 or go to the
				  PHMSA Web site at: http://www.phmsa.dot.gov/pipeline/regs
.
[
				49 CFR
				  193.2013(a)(1)(i)
				  ]
b. The National Archives and
				  Records Administration (NARA). For information on the availability of this
				  material at NARA, call 202-741-6030 or go to the NARA Web site at:
				  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
;
[
				49 CFR
				  193.2013(a)(1)(ii)
				  ]
c. copies of standards
				  incorporated by reference in this part can also be purchased or are otherwise
				  made available from the respective standards-developing organization at the
				  addresses provided in the centralized IBR section below; [
				49 CFR
				  193.2013(a)(1)(iii)
				  ]
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 67 - General [49 CFR Part 193 Subpart A] › Section XIII-6717 - Plans and Procedures [49 CFR 193.2017]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each operator shall maintain at each LNG
				  plant the plans and procedures required for that plant by this part. The plans
				  and procedures must be available upon request for review and inspection by the
				  commissioner. In addition, each change to the plans or procedures must be
				  available at the LNG plant for review and inspection within 20 days after the
				  change is made. [
				49 CFR
				  193.2017(a)]
B. The associate administrator or the state
				  agency that has submitted a current certification under the pipeline safety
				  laws, (49
				  U.S.C. 60101 et seq.) with respect to the
				  pipeline facility governed by an operator's plans and procedures may, after
				  notice and opportunity for hearing as provided in
				  49 CFR
				  190.206 or the relevant state procedures,
				  require the operator to amend its plans and procedures as necessary to provide
				  a reasonable level of safety. [
				49 CFR
				  192.603(c)]
C. Each operator must review and update the
				  plans and procedures required by this part:
1. when a component is changed significantly
				  or a new component is installed; and [
				49 CFR
				  193.2017(c)(1)]
2. at intervals not exceeding 27 months, but
				  at least once every two calendar years. [
				49 CFR
				  193.2017(c)(2)]
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 67 - General [49 CFR Part 193 Subpart A] › Section XIII-6719 - Mobile and Temporary LNG Facilities [49 CFR 193.2019]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Mobile and temporary LNG facilities for
				  peakshaving application, for service maintenance during gas pipeline systems
				  repair/alteration, or for other short term applications need not meet the
				  requirements of this part if the facilities are in compliance with applicable
				  sections of NFPA-59A-2001 (incorporated by reference, see LAC 43:XIII.6713). [
				49 CFR
				  193.2019(a)]
B. The commissioner must be provided with a
				  location description for the installation at least two weeks in advance,
				  including to the extent practical, the details of siting, leakage containment
				  or control, firefighting equipment, and methods employed to restrict public
				  access, except that in the case of emergency where such notice is not possible,
				  as much advance notice as possible must be provided.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:551.C.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 69 - Siting Requirements [49 CFR Part 193 Subpart B] › Section XIII-6951 - Scope [49 CFR 193.2051]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each LNG
				  facility designed, constructed, replaced, relocated or significantly altered
				  after March 31, 2000 must be provided with siting requirements in accordance
				  with the requirements of this part and of NFPA-59A-2001 (incorporated by
				  reference, see LAC 43:XIII.6713). In the event of a conflict between this part
				  and NFPA-59A-2001, this part prevails. [
				49 CFR
				  193.2051]
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:551.C.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 5 - Liquefied Natural Gas Facilities: Federal Safety Standards › Chapter 69 - Siting Requirements [49 CFR Part 193 Subpart B] › Section XIII-6957 - Thermal Radiation Protection [49 CFR 193.2057]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each LNG container and LNG transfer system
				  must have a thermal exclusion zone in accordance with section 2.2.3.2 of
				  NFPA-59A-2001 (incorporated by reference, see LAC 43:XIII.6713) with the
				  following exceptions.
1. The thermal
				  radiation distances must be calculated using Gas Technology Institute's (GTI)
				  report or computer model GTI-04/0032 LNGFIRE3: A Thermal Radiation Model for
				  LNG Fires (incorporated by reference, see LAC 43:XIII.6713). The use of other
				  alternate models which take into account the same physical factors and have
				  been validated by experimental test data may be permitted subject to the
				  Commissioner's approval. [
				49 CFR
				  193.2057(a)]
2. In calculating exclusion distances, the
				  wind speed producing the maximum exclusion distances shall be used except for
				  wind speeds that occur less than 5 percent of the time based on recorded data
				  for the area. [
				49 CFR
				  193.2057(b)]
3. In calculating exclusion distances, the
				  ambient temperature and relative humidity that produce the maximum exclusion
				  distances shall be used except for values that occur less than five percent of
				  the time based on recorded data for the area. [
				49 CFR
				  193.2057(c)]