Industry Evolution: Updated Drug & Alcohol Testing

Drug and alcohol testing requirements are a critical component of pipeline safety, and PHMSA's OQ NPRM proposes important changes that operators need to understand. This installment of the Industry Evolution series focuses on how the proposed changes to post-accident testing and electronic reporting will impact your program.

Current Post-Accident Drug Testing Requirements

Under current regulations at 49 CFR 199.105, post-accident drug testing is required unless the operator can demonstrate — based on the best available information at the time of the decision — that the employee's performance could not have contributed to the accident.

Proposed Changes to Post-Accident Testing

PHMSA proposes to tighten the exemption standard. The new language would require that the operator have "specific information that the covered employee's performance had no role" in the accident before testing can be waived. This is a higher bar than "best available information" and will result in more post-accident drug tests being required.

Records Retention

The proposed rule also clarifies records retention requirements under 49 CFR 199.117 and 199.227. Drug and alcohol testing records must be retained for 3 years .

Electronic Reporting Requirements

A significant new administrative burden in the proposed rule is mandatory electronic reporting of drug and alcohol testing data to PHMSA. Operators must be prepared to submit this data electronically to PHMSA's reporting system, rather than maintaining it purely for internal purposes.

GPAC/LPAC Action

Both the Gas Pipeline Advisory Committee (GPAC) and Liquid Pipeline Advisory Committee (LPAC) unanimously accepted the drug and alcohol testing provisions, with PHMSA making one amendment to 49 CFR 199.105(b) in response to committee feedback.

For assistance updating your drug and alcohol testing program, contact EWN.