1. RAILROAD COMMISSION OF TEXAS Stephanie Weidman Austin Regional Manager Oversight and Safety Division Pipeline Safety September 2015

2. Drug and Alcohol Programs and Reporting Requirements

3. Session Overview Scope and Applicability of Part 199 Types of Drug and Alcohol Tests Required Employee Assistance Program (EAP) Requirements Reporting Requirements

4. Drug & Alcohol Program and Testing 49 CFR Part 199 – Drug and Alcohol Tests Required – Required Reporting of those tests 49 CFR Part 40 – Procedures for Transportation Workplace Drug and Alcohol testing Programs 4

5. 49 CFR Part 199 49 CFR Part 199.1: Scope This part requires operators of pipeline facilities subject to part 192, 193, or 195 of this chapter to test covered employees for the presence of prohibited drugs and alcohol. Covered employee per 199.3: Definitions – a person who performs a covered function – Includes operator personnel and contracting personnel Covered function per 199.3: Definitions – An operations, maintenance, or emergency-response function – regulated by part 192, 193, or 195 – performed on a pipeline or on an LNG facility. 5

6. 49 CFR Part 199 49 CFR Part 199.2: Applicability This part does not apply to covered functions performed on: – Master meter systems – Pipeline systems that transport only petroleum gas or petroleum gas/air mixtures Petroleum Gas: propane, propylene, butane, and butylene or mixtures composed predominantly of these gases 6

7. Part 199 Subpart B Drug Testing

8. Part 199 - Subpart B - Drug Testing 199.105 – Drug Tests Required a)Pre-Employment Testing b)Post-Accident Test ‒Accident per 199.3 Definitions: ‒Reportable incident– Part 191 ‒Reportable accident – Part 195 c)Random ‒Only covered employees are to be in random testing pool ‒Minimum of 50% of covered employees tested annually ‒The Administrator can lower to 25% if reported positive rate for the entire industry is less than 1% for two consecutive calendar years. 8

9. Part 199 - Subpart B - Drug Testing 9 199.105 – Drug Tests Required (Cont’d) d)Reasonable Cause ‒For Large operators (over 50 employees) ‒Two of the employees supervisors shall substantiate and concur in decision to test ‒At least one of the supervisors must be trained in detection of possible symptoms of drug use ‒For small operators (50 or fewer employees) ‒Only one, trained, supervisor shall substantiate decision to test e)Return-to-duty f)Follow-up

10. Part 199 Subpart C Alcohol Testing

11. Part 199 - Subpart C – Alcohol Testing General Information 199.215 Alcohol Concentration – Must not report or remain on duty if concentration over 0.04. 199.217 On-duty use – Alcohol use prohibited while performing covered functions 199.219 Pre-duty use – Alcohol use prohibited four hours prior to performing covered functions (on-call/ responding to emergencies) 11

12. Part 199 - Subpart C – Alcohol Testing 199.105 – Alcohol Tests Required a)Post-Accident Test ‒Accident per 199.3 Definitions: ‒Reportable incident– Part 191 ‒Reportable accident – Part 195 ‒If post-accident test required, must be administered within two hours following the accident ‒Alcohol use prohibited for eight hours following an accident if employee has not been discounted as contributing factor 12

13. Part 199 - Subpart C – Alcohol Testing 199.105 – Alcohol Tests Required b)Reasonable Suspicion ‒Determinations made by a supervisor who is trained in detecting the symptoms of alcohol misuse ‒Test required within two hours following determination ‒If not administered within eight hours must cease attempt. c)Return-to-duty d)Follow-up 13

14. Part 199 Subpart B Employee Assistance Program

15. Employee Assistance Program Employee Assistance Program (EAP) ‐Required under Part 199 Subpart B ‐Each operator must provide EAP to employees and supervisors determining whether an employee must be drug tested based on reasonable cause. ‐Must include education and training on drug use ‐May include employee rehabilitation at discretion of operator 15

16. Employee Assistance Program Employee Assistance Program (EAP) ‐EAP must include at least the following: ‐Display and distribution of informational material; ‐Display and distribution of a community service hot- line telephone number for employee assistance; ‐Display and distribution of the employer's policy regarding the use of prohibited drugs. 16

17. Part 199 Reporting Requirements

18. Reporting of anti-drug testing results – 199.119(a) Reporting of alcohol testing results – 199.229(a) 18

19. Part 199 Reporting Requirements Large operator (over 50 covered employees) ‐Must submit an MIS report to PHMSA by March 15 of each year for prior calendar year (Jan 1-Dec 31). Small Operator (50 or fewer covered employees) ‐Submit an MIS report is requested by The Administrator MIS: Management Information System ‐MIS Report Form and Instructions can be found in Appendix H to 49 CFR Part 40 or online at http://www.transportation.gov/odapc/MISreporting http://www.transportation.gov/odapc/MISreporting 19

20. MIS Report 20

21. Part 199 Reporting Requirements Reporting of anti-drug and alcohol testing results ‐For a covered employee who performs multi-DOT agency functions ‐Example: Performs pipeline maintenance (PHMSA) and drives commercial motor vehicle (FMCSA) ‐Employee counted on MIS report for the DOT agency randomly tested under ‐Normally, the DOT agency under which employee performs >50% of his/her duties. 21

22. Part 199 Reporting Requirements Reporting of anti-drug and alcohol testing results ‐Each report, required under this section, shall be submitted to: – By paper: The Office of Pipeline Safety Compliance (OPS), Pipeline and Hazardous Materials Safety Administration, Department of Transportation, PHP-60, 1200 New Jersey Avenue, SE., Washington, DC 20590. – Or electronically using the version of the MIS form provided by DOT. Electronic version of the form can be found at the following web address: http://www.transportation.gov/odapc/MISreporting http://www.transportation.gov/odapc/MISreporting 22

23. Part 199 Reporting Requirements Reporting of anti-drug and alcohol testing results ‐May use a service agent to perform random selections ‐Covered employees may be part of a larger random testing pool of covered employees. ‐Must ensure service agent is testing at appropriate percentage and only covered employees are in random testing pool Service Agent: Consortia or Third Party Administrator (defined under 49 CFR Part 40.3) 23

24. Part 199 Reporting Requirements Reporting of anti-drug and alcohol testing results ‐A service agent may prepare the MIS report on behalf of an operator ‐Each report shall be certified by operator's anti- drug manager or designated representative for accuracy and completeness. 24

25. Reasonable Cause/Suspicion Training Training for supervisors ‐Supervisory personnel who will determine whether an employee must be drug tested based on Reasonable Cause/ Suspicion ‐Trained on contemporaneous physical, behavioral, speech and performance indicators of probable drug use or alcohol misuse ‐One 60-minute training for probable drug use ‐One 60 minute training period for probable alcohol misuse 25

26. Contact Information Questions?? Stephanie Weidman Austin Regional Manager 512-463-2519 Stephanie.Weidman@rrc.texas.gov 26