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PHMSA Pipeline and Hazardous Materials Safety Association Drug and Alcohol Testing Industry Regulations

 

Regulation Alert

If you are a contractor/EMPLOYEE of any type* that works on gas service lines - OLD or NEW Construction - you must have an approved DRUG and ALCOHOL TESTING Plan, by January 1, 2007.

Contact IEBT NOW to get into compliance with new PHMSA regulations.

*plumbers, pipe fitters, mechanical, excavators, CDL, etc.

 

The following summarizes the recently mandated federal requirements governing contractors and operators working with gas service lines particularly pertaining to initiating a "drug plan and alcohol plan," in accordance with the Pipeline and Hazardous Materials Safety Administration, PHMSA, CFR49 Part 199 and Subpart C. This is much more complex then the lingering general perception of contractors that all you need is a drug test.

Everyone was supposed to be in compliance with these regulations as of January 31st of 2007. Compliance is now being enforced. Contractors who are not on the approved compliance list maintained by the gas companies on behalf of the PHMSA find themselves in a sometimes embarrassing position of not being able to have gas service restored for a customer until compliance is proven.

Unfortunately, this is not a simple matter. There are many complex issues that need addressed. You have a choice of doing everything yourself that is necessary to be in compliance or, you may retain the services of a Third Party Administrator (TPA) like IEBT to handle your needs for you. For the most part, the use of a TPA is more cost effective and efficient than trying to do everything required on your own. The regulations cited below may be viewed by clicking the "Regulations" button on the left hand side of this page.  When you arrive at the regulations page, click on the PHMSA link.

Writing, Implementing and Maintaining a Plan

Contractors/Companies/Operators - You must maintain and follow a written "anti-drug plan" that conforms to all of the mandated requirements and procedures as stated in CFR49 Part 199.101, including methods and procedures for compliance with all the requirements of this part.

Your plan must designate, define and implement procedures for drug testing in the following categories: Pre-Employment and Random Testing, Testing Based on Reasonable Cause, Return-to-Duty-Testing and Follow-up Testing. See CFR49 Part 199.105.

You must secure the services of a laboratory that analyzes the specimens collected for drug testing and designate that laboratory in the plan. The Substance Abuse and Mental Health Safety Administration (SAMHSA), formerly the Department of Health and Human Services (DHHS) must approve the laboratory. See CFR49 Part 199.107.

You must secure the services of a Medical Review Officer (MRO) who is responsible for confirmation of drug test lab results, reporting all results to you, be a qualified doctor as required by DOT procedures, and designate the name of the Medical Review Officer (MRO) in the "plan." See CFR49 Part 199.109.

You must secure the services of an Employee Assistance Program (EAP), provide employees access to this program, and designate the name and address of the EAP in the "plan." See CFR49 Part 199.101 and CFR49 Part 199.113.

You must secure the services of a Substance Abuse Professional (SAP), who is responsible for charting a course of assistance for employees with an abuse problem, and is responsible for direction of employees who register positive on a drug test, including the direction of treatment, required return-to-duty testing and follow-up testing, and designate the name and address of the SAP in your "plan." See CFR49 Part 199.101, 105, 109.

You must also incorporate an "Alcohol Misuse Prevention Program" into your plan. The elements of this part of your plan include many of the same elements necessary for building and implementing the anti-drug plan. For additional details and to avoid us being redundant here, we suggest you refer to the regulations, CFR49 Part 199 Subpart C.

Once your plan is written it has to be submitted for approval - where you submit it depends on which gas company service lines you want to work on. Once approved, you are placed on a compliance verification list and may work on service lines without any difficulty.

Be mindful that there are additional requirements that must be met in the way of record keeping and compliance reporting to maintain your approved status. Those issues are discussed below.

In summary, the above components properly assembled for your company, whether you have one employee or thousands; create a compliance document that is almost 200 pages in length. This policy must meet a long checklist of items incorporated into it as well as those elements stated above, and in the regulations by the Pipeline and Hazardous Materials Safety Administration.

Simply put, you may attempt to do all of the above on your own, or as mentioned, have a TPA handle this for you. IEBT will do everything required above for a one-time fee of $350.00.

Record Keeping and Reporting - See CFR49 Parts 199.117, 119, 227, 229, 231

The regulations require a stringent system of record keeping and compliance reporting for and to PHMSA. Records of all tests in all categories must be kept up to five years in some cases, and they are tallied and reported. In addition, companies, large or small are in most cases required to report to gas company agencies like NCMS and Veriforce two times a year. Reports correspond to the number of gas companies servicing the lines that the operator works on. In other words, if you are doing work on lines serviced by Columbia, two reports will be filed. If also working with Dominion lines, four reports will be filed. These reports are all subject to audit and of course must be submitted correctly.

This is another task that you can undertake, or IEBT will maintain the proper record keeping and do all of the necessary compliance reporting based on the following rates: Reporting to one agency, $150 per year. Each additional is $75 per year. In other words, if you are working on Columbia serviced lines only, we would charge you $150 per year to maintain the records and do the proper reporting. If you work on lines serviced by Columbia and Dominion for example, we would charge you $225 per year to do the job.

Required Training - See CFR49 Parts 199.113,115,117, 202 & 241

In general, 2 hours of classroom training regarding specific elements of the drug and alcohol regulations must be completed by anyone in an operator or contractor's company, or under contract that is considered to be in a supervisor capacity. 

IEBT conducts this training using qualified instructors for $149.

LIVE Training is conducted on-site at your place of business, by web conference, or at one of IEBT's facilities.

Initial Drug Testing

Each of a company's Pipeline employees must have a drug test when the company's plan is initiated.

Drug Testing requires a specimen collection facility, a SAMHSA certified laboratory and a certified doctor who serves as a Medical Review Officer (MRO), and verifies a test as positive or negative.

IEBT's fee for the test including specimen collection, Laboratory, and Medical Review Officer (MRO), is $60 if done at our facility, $70 if we come to you at your place of business. These same rates will generally apply to any other testing that needs done in the future including pre-employment, random, post-accident, or reasonable suspicion testing. In some cases additional "stat" charges may be added for special circumstance testing services like after-hours post-accident testing.

Testing can be conducted on-site at your place of business, or at one of IEBT's facilities.

Random Testing
Selection Administration

Each company, whether it is made up of one contractor, or thousands of employees, must have a random selection pool set up to comply with random testing regulation requirements (See CFR49 Part 199.105). Typically, smaller companies are enjoined into a consortium as a means to meet random testing compliance, and as not to overburden employees with an excessive amount of drug testing.

IEBT has its own Pipeline Consortium that was established in 2001 for this purpose. There is no cost to our clients to join our consortium. There is no cost to our clients for random testing notifications whether or not they are in our consortium. For companies with 100 or more employees, there may be an additional one-time set up fee for a random pool at a rate of $1.25 (one dollar and twenty-five cents) per employee. There is no charge for pool maintenance including adding new employees to the pool, or removing them in the event of termination, etc.

Again, this is another area that you can set up and manage on your own, or you can avoid the headache and let IEBT do it.

Miscellaneous

There is a one-time set up fee for all new accounts of $100.

Ohio Bureau of Worker's Compensation Drug-Free Workplace Program

Ohio Employers, contractors, etc. may be qualified to receive BWC Safety Grant Money that will pay you 66% of any money spent on set up and administration of your plan for the next five years. In addition, the BWC will discount your BWC premiums up to 20%. For more information on this incentive, click on the BWC-DFWP link in the menu.

Contact Us

If you have additional questions, or to arrange a consultation to get into compliance, in person or by phone, contact Ray Clifton, or Jack Boyle at 800.628.5106.

We can have you in compliance in 3-5 working days!

 

IEBT Today

In the 90's, Drug-Free Workplace Programs became increasingly difficult for companies to manage.  Due in large part to ever-increasing government regulation and compliance issues, it became more and more difficult for companies to effectively develop, monitor and administer their programs.  Many programs became counter-productive due to lost expense, time, and energy. Small businesses were especially hurt by federal mandates that forced them to seek out and hire Testing Facilities, Employee Assistance Programs and Substance Abuse Professionals.  This category of business faces the same challenges today, but on an even larger scale. 

In 1994, IEBT stepped to the forefront to develop an effective Third-Party Administration Model that allowed companies to effectively maintain their programs and focus on running their business.  Working shoulder to shoulder with government and business, IEBT led the way in developing a process that today covers every regulatory aspect of drug-testing administration including policy development, training and education, drug and alcohol testing, compliance reporting, and more.

IEBT Drug Free Workplace Policy DevelopmentSimply put, this TPA model puts your drug and alcohol testing administration in the hands of professionals, simplifying the Drug-Free Workplace Process on a Cost-effective Basis!

Whether you need one, or all of our services, your partnership with IEBT insures the benefits that a Drug-Free Workplace has to offer.  Whether you have an existing program, or are looking to implement one, rest assured that a company with nearly 20 years of experience in this industry can serve your needs no matter what they may be.

 

Contact us Today for a Free Consultation!

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