PHMSA Drug and Alcohol Testing Requirements for Contractors

The rule in one paragraph

49 CFR Part 199 requires operators of regulated pipeline facilities to maintain anti-drug and alcohol misuse prevention programs covering each employee who performs a covered function — operating, maintenance or emergency-response functions on the pipeline. Testing follows the procedures in 49 CFR Part 40. Contractor personnel performing covered functions are generally brought within the operator's program or a compliant program the operator accepts.

Determining whether your people are covered

• Identify the functions performed, not the job titles used.
• Ask the operator which of your scoped tasks it treats as covered functions.
• Confirm in the contract whose program applies and who maintains the random pool.
• Confirm pre-employment, post-accident, random, reasonable-cause, return-to-duty and follow-up expectations.

Records and audits

Operators are audited on their programs and will pass documentation expectations down to you. Keep program enrollment evidence, collection-site arrangements, MRO details and training records organized per person and available on short notice.

Test results are sensitive personal information: restrict access, retain per the applicable retention rules, and never store results in general project folders.

Common contractor mistakes

• Assuming a DOT/FMCSA driver testing program automatically satisfies Part 199 coverage.
• Enrolling only supervisors rather than every individual performing covered functions.
• Letting random-pool administration lapse between projects.