Notice2022-27906
Pipeline Safety: Random Drug Testing Rate; Management Information System Reporting; and Obtaining Drug and Alcohol Management Information System Sign-In Information
Primary source
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Published
December 23, 2022
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
PHMSA has determined that the minimum random drug testing rate for covered employees will be reduced to 25 percent during calendar year 2023. Operators are reminded that drug and alcohol (D&A) testing information must be submitted for contractors who are performing or are ready to perform covered functions. For calendar year 2022 reporting, the username and password for the Drug and Alcohol Management Information System (DAMIS) will be available in the PHMSA Portal.
Full Text
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<title>Federal Register, Volume 87 Issue 246 (Friday, December 23, 2022)</title>
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[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Pages 79064-79065]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27906]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2022-0137]
Pipeline Safety: Random Drug Testing Rate; Management Information
System Reporting; and Obtaining Drug and Alcohol Management Information
System Sign-In Information
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice.
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SUMMARY: PHMSA has determined that the minimum random drug testing rate
for covered employees will be reduced to 25 percent during calendar
year 2023. Operators are reminded that drug and alcohol (D&A) testing
information must be submitted for contractors who are performing or are
ready to perform covered functions. For calendar year 2022 reporting,
the username and password for the Drug and Alcohol Management
Information System (DAMIS) will be available in the PHMSA Portal.
DATES: Applicable January 1, 2023, through December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Wayne Lemoi, Drug & Alcohol Program
Manager, Office of Pipeline Safety, by phone at 909-937-7232 or by
email at <a href="/cdn-cgi/l/email-protection#205741594e450e4c454d4f4960444f540e474f56"><span class="__cf_email__" data-cfemail="bdcadcc4d3d893d1d8d0d2d4fdd9d2c993dad2cb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Notice of Calendar Year 2023 Minimum Annual Percentage Rate for Random
Drug Testing
Operators of gas, hazardous liquid and carbon dioxide pipeline
facilities, liquefied natural gas (LNG) plants, and underground natural
gas storage facilities must randomly select and test a percentage of
all covered employees for prohibited drug use in accordance with 49
Code of Federal Regulations (CFR) part 199. The Administrator can
adjust this random drug testing rate based on the reported positive
rate in the industry's random drug tests, which is submitted in
operators' annual MIS reports as required by Sec. 199.119(a). In
accordance with Sec. 199.105(c)(3), if the reported positive drug test
rate is below 1.0 percent for 2 consecutive calendar years, the
Administrator can lower the random drug testing rate to 25 percent of
all covered employees.
Pursuant to Sec. 199.105(c)(3), the Administrator is lowering the
PHMSA minimum annual random drug testing rate for all covered employees
to 25 percent in calendar year 2023 because the random drug test
positive rate for the pipeline industry was reported at less than 1.0
percent in the consecutive calendar years of 2020 and 2021.
Reminder for Operators To Report Contractor MIS Data
In 2021, PHMSA released new PHMSA Supplemental Instructions for DOT
Drug & Alcohol Management Information System Reporting online. These
instructions provide operators with the appropriate process for
collecting and reporting annual D&A testing data for contractors. The
supplemental instructions help ensure that PHMSA can identify all the
contractors who performed D&A covered functions for a specific pipeline
operator; identify all the pipeline operators for whom a specific
contractor performed D&A covered functions; and has received a complete
and accurate MIS report for each contractor who performed D&A covered
functions on any PHMSA-regulated pipeline or facility in the applicable
calendar year.
Pursuant to Sec. Sec. 199.119(a) and 199.229(a), an operator
having more than 50 covered employees is a large operator and an
operator having 50 or fewer covered employees is a small operator.
While contractor employees are covered employees per the regulations in
Sec. 199.3 and must be treated as such with regards to part 199,
contractor employees are not included in the calculation to determine
if an operator is a large or small operator.
Large operators are always required to submit annual MIS reports
whereas small operators are only required to submit MIS reports upon
written request from PHMSA. If a small operator has submitted an MIS
report for calendar year 2020 or 2021, the PHMSA Portal message may
state that no MIS report is required for calendar year 2022. If a small
operator has grown to more than 50 covered employees during calendar
year 2022, the PHMSA Portal message will include instructions for how
to obtain a DAMIS username and password for the 2022 calendar year
reporting period.
If an operator is required to submit an MIS report in accordance
with part 199, that report is not complete until PHMSA receives an MIS
data report for each contractor that performed covered functions as
defined in Sec. 199.3. Operators must submit operator and contractor
employee testing data in separate MIS reports to avoid duplicative
reporting and inaccurate data that could affect the positive rate for
the pipeline industry.
[[Page 79065]]
Reminder of Method for Operators To Obtain Username and Password for
Electronic Reporting
By early January 2023, the username and password required for an
operator to access DAMIS and enter calendar year 2022 data will be
available to all operator staff with access to the PHMSA Portal.
Pipeline operators have been submitting reports required by 49 CFR
parts 191 and 195 through the PHMSA Portal (<a href="https://portal.phmsa.dot.gov/pipeline">https://portal.phmsa.dot.gov/pipeline</a>) since 2011. PHMSA determined that
distributing information via the PHMSA Portal would be more effective
than the previous mailing process.
When the DAMIS username and password are available in the PHMSA
Portal, all registered users will receive an email to that effect. If
operator staff responsible for submitting MIS reports do not receive
the DAMIS information, they should coordinate with other registered
PHMSA Portal users within their company to obtain the DAMIS username
and password. Registered PHMSA Portal users for operators typically
include operator staff or consultants who submit annual and incident
reports through PHMSA F 7000- and 7100-series forms.
Operators that have not previously registered staff in the PHMSA
Portal for the reporting purposes of parts 191 and 195 can register
users by following the instructions at: <a href="https://portal.phmsa.dot.gov/PHMSAPortal2/staticContentRedesign/howto/PortalAccountCreation.pdf">https://portal.phmsa.dot.gov/PHMSAPortal2/staticContentRedesign/howto/PortalAccountCreation.pdf</a>.
Issued in Washington, DC, on December 19, 2022, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2022-27906 Filed 12-22-22; 8:45 am]
BILLING CODE 4910-60-P
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