[Docket No. PHMSA-2009-0408]
Department of Transportation/Pipeline Hazardous Materials Safety Administration
(PHMSA) issued Advisory Bulletin ADB-09-04. Beginning with MIS reports due by
March 15, 2010, OPS will begin collecting annual drug and alcohol testing data
for contractor employees. In January 2010, OPS will notify each operator who is
required to submit a report before March 15, 2010 by mail. The notification
will include detailed instructions for including all OpID and each contractor
BTIN in both online and paper MIS reports.OPS will post the same detailed
instructions on the Drug & Alcohol Program Web site.
Under Part 199, operators who had 50 or more operator and contractor employees performing §199.3 “covered functions” during calendar year 2009, must submit a MIS report. OPS may also request in writing, MIS reports from operators with fewer than 50 operator and contractor employees performing covered functions. The total number of covered employees is not limited to employees who physically worked in a maintenance, operations, or emergency response role during the previous calendar year. The definition of “performs a covered function” in Part 199.3 includes actually performing, ready to perform, or immediately available to perform a covered function.
Operators need to be cognizant of this definition when calculating the number of covered employees for both the operator and contractors. Employees who “perform a covered function” as defined in §199.3, are required to be included in the random drug testing pool. While the total number of covered employees determines if an operator must submit a MIS report, operator and contractor employee testing data must be submitted in separate MIS reports. To ensure that contractor employees are only counted once in the entire set of calendar year 2009 MIS reports, data for each contractor with a unique BTIN will be submitted in a separate MIS report.
Operators are encouraged to submit MIS reports online. If an operator submits a paper MIS report, the operator will not receive a confirmation receipt for the MIS report. If an operator submits an online MIS report and includes an e-mail address, a confirmation receipt will be sent.
For further information contact: Stanley T. Kastanas, Program Manager, Substance Abuse Prevention Program at 202-550-0629 or by e-mail at Stanley.Kastanas@dot.gov.