Quick Answer

PHMSA's 49 CFR Part 199 applies drug and alcohol testing requirements to specified pipeline operators and covered employees. Part 40 supplies the DOT testing and SAP procedures.

Governing Rules

The controlling industry rule is 49 CFR Part 199, used with 49 CFR Part 40.

Who Is Covered

• Persons performing an operating, maintenance, or emergency-response function regulated by Parts 192, 193, or 195 when the function is performed on a pipeline or LNG facility.
• Employees of operators and contractors when they perform a covered function.

Who Is Not Automatically Covered

• Everyone who works for a pipeline company.
• Purely clerical, commercial, or construction activity unless the actual task falls within the covered-function definition.
• A worker solely because the worker is operator-qualified.

What Triggers the SAP Return-to-Duty Process

A verified positive DOT drug test, a DOT alcohol violation, or a refusal defined by Part 40 or the industry rule requires immediate removal from covered safety-sensitive functions and completion of Part 40 Subpart O before return.

Return-to-Duty Process

The employee completes a SAP evaluation and the recommended education or treatment, then returns to the same SAP for a follow-up evaluation. After the SAP reports successful compliance, an employer must order the directly observed return-to-duty test. Only the employer can return the person to covered duty, and the employer must carry out the SAP's unannounced follow-up plan.

Employer Responsibilities

• Correctly identify covered employees and tests.
• Remove a violator from safety-sensitive functions and provide the required SAP information.
• Order the return-to-duty test only after receiving successful-compliance documentation.
• Implement the SAP's follow-up plan without disclosing the schedule.
• Meet industry-specific reporting, recordkeeping, contractor, and oversight duties.

Employee Responsibilities

• Confirm whether the test was DOT or non-DOT and which authority applied.
• Stop performing covered safety-sensitive functions after a DOT violation.
• Complete the SAP's education or treatment recommendation and follow-up evaluation.
• Work with a current or prospective employer for the return-to-duty test; a SAP does not order the test.
• Comply with unannounced follow-up testing after returning to covered duty.

Agency- or Program-Specific Nuances

• LNG facilities regulated by Part 193 can fall within Part 199 coverage.
• Operators are responsible for contractor compliance and cannot assume a contractor's generic testing program satisfies Part 199.
• Operator qualification under Part 192 Subpart N or Part 195 Subpart G addresses task qualification; it is distinct from drug and alcohol coverage and SAP completion.
• The operator must remove an employee from covered functions after a violation and may return the employee only after the Part 40 process and required test.

Common Misconceptions

• Operator qualification is not proof that an employee is eligible after a DOT violation.
• Contractor status does not eliminate Part 199 coverage.
• All pipeline construction labor is not automatically a covered function.

Related Articles

• Employer Responsibilities After a DOT Violation
• Who Administers Follow-Up Testing?
• Transportation Modalities Hub

Frequently Asked Questions

Does Part 40 itself decide which jobs are covered?

No. The operating administration's industry rule identifies covered employers and safety-sensitive functions. Part 40 supplies the testing procedures and SAP return-to-duty framework.

Can an employee return to safety-sensitive duty immediately after the SAP follow-up evaluation?

No. An employer must receive the SAP's successful-compliance report and obtain the required negative return-to-duty test result before safety-sensitive duty resumes.

Who decides whether to return an employee to work?

The employer makes the employment and safety-sensitive assignment decision. A SAP evaluates compliance and recommends follow-up testing but does not order an employer to hire or reinstate someone.

Need Help With the DOT Return-to-Duty Process?

A DOT-qualified Substance Abuse Professional can help you understand the requirements that apply to your transportation role and guide you through the federally required SAP process.

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