Notice2024-26737
Pipeline Safety: Random Drug Testing Rate; Multi-Factor Authentication; and Operator and Contractor Management Information System Reporting
Primary source
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Published
November 20, 2024
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
PHMSA has determined that the Minimum Annual Percentage Rate for Random Drug Testing for covered employees will be 50 percent during calendar year (CY) 2025. For CY 2024 reporting, Multi-Factor Authentication (MFA) login procedures must be used for submitting drug & alcohol (D&A) testing data into the Drug and Alcohol (D&A) Management Information System (DAMIS) database. This notice also explains how pipeline operators and contractors will obtain MFA login information.
Full Text
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<title>Federal Register, Volume 89 Issue 224 (Wednesday, November 20, 2024)</title>
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[Federal Register Volume 89, Number 224 (Wednesday, November 20, 2024)]
[Notices]
[Pages 91887-91889]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26737]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2024-0166]
Pipeline Safety: Random Drug Testing Rate; Multi-Factor
Authentication; and Operator and Contractor Management Information
System Reporting
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Notice.
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SUMMARY: PHMSA has determined that the Minimum Annual Percentage Rate
for Random Drug Testing for covered employees will be 50 percent during
calendar year (CY) 2025. For CY 2024 reporting, Multi-Factor
Authentication (MFA) login procedures must be used for submitting drug
& alcohol (D&A) testing data into the Drug and Alcohol (D&A) Management
Information System (DAMIS) database. This notice also explains how
pipeline operators and contractors will obtain MFA login information.
DATES: Applicable January 1, 2025, through December 31, 2025.
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#5324322a3d367d3f363e3c3a13373c277d343c25"><span class="__cf_email__" data-cfemail="9deafce4f3f8b3f1f8f0f2f4ddf9f2e9b3faf2eb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Notice of CY 2025 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 part 199.
The Administrator can adjust the minimum random drug testing rate
based on the reported positive rate of the industry's random drug
tests, which is obtained from operators' and contractors' annual DAMIS
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 one
percent for two consecutive CYs, the Administrator may lower the random
drug testing rate to 25 percent of all covered employees. Conversely,
paragraph Sec. 199.105(c)(4) requires the Administrator to raise the
minimum annual random drug testing rate from 25 percent to 50 percent
of all covered employees when the data obtained from the latest annual
DAMIS reports required by Sec. 199.119(a) indicate the positive test
rate is equal to or greater than one percent.
While the minimum annual random drug testing rate was 25 percent of
all covered employees during CY 2024, the DAMIS reports submitted for
CY 2023 D&A testing had a random drug testing positive rate greater
than one percent. Therefore, the Administrator is increasing the PHMSA
minimum annual random drug testing rate to 50 percent of all covered
employees for CY 2025.
Multi-Factor Authentication for DAMIS Reports
DOT will continue to use Multi-Factor Authentication (MFA) to limit
and control access to the DOT's DAMIS database. MFA is not unique to
PHMSA or to DAMIS. It is a Federal Government initiative that was
implemented to protect the integrity and security of Federal Government
databases from cybersecurity attacks and other risks.
[[Page 91888]]
MFA login procedures for ``primary pipeline'' operators and contractors
are explained in the applicable sections below.
Pipeline Operator DAMIS Reporting
To collect more accurate pipeline industry DOT D&A test data and to
avoid duplicate reporting of D&A test data, PHMSA limits DAMIS
reporting to ``primary operators'' and contractors only. The term
``primary operator'' is not used in the D&A testing regulations in part
199; however, the term ``primary operator'' as used herein has the same
meaning as the term ``primary entity'' as used in Sec. 191.22 and
Sec. 195.64. Moreover, a ``primary operator'' can be a large or small
operator as explained below.
Pipeline operators either have a D&A program that includes only one
pipeline operator (i.e., one OPID) or an ``umbrella'' type shared D&A
program that includes multiple pipeline operators (i.e., more than one
OPID). For DAMIS reporting purposes the operator of the single operator
D&A program is the ``primary pipeline operator.'' For shared D&A
programs, the ``primary operator'' must be identified to PHMSA through
Safety Program Relationship (SPR) data before submitting a DAMIS
report. Operators are reminded to review their D&A program records to
check the SPR status of their D&A program. If changes are needed to
properly align the SPR data with the operator's D&A program, the
operator must make a written notification to PHMSA.
The PHMSA regulations governing DAMIS reporting (Sec. Sec. 199.119
and 199.229) are based on whether the primary operator is a large
operator or a small operator. Pursuant to Sec. Sec. 199.119(a) and
199.229(a), a large operator is an operator with more than 50 covered
employees. Large operators are required to submit a DAMIS report each
CY. Pursuant to Sec. Sec. 199.119(a) and 199.229(a), a small operator
is an operator with 50 or fewer covered employees. Small operators are
only required to submit a DAMIS report if the operator receives a
``written notice'' from PHMSA requesting a report. Each CY, PHMSA
transmits written notices as messages in the PHMSA Portal in late
December.
To calculate the number of D&A covered employees to determine
whether an operator is a large or small primary operator, include all
covered employees of the primary operator plus all covered employees of
any business units included in the DAMIS report under a shared D&A
program. If your covered employees are in a random drug testing pool
managed by a consortium, count only your own covered employees. If you
have any covered employees subject to D&A testing under more than one
DOT agency, count only those employees who were D&A tested under PHMSA,
which is the agency selected on the Federal Drug Testing Custody and
Control Form (CCF) or on the Alcohol Testing Form (ATF). While
contractor employees are covered employees requiring D&A testing,
contractor employees are not used to calculate whether a ``primary
pipeline operator'' is a large or small operator. Therefore, do not
include contractor employees in the above calculations.
Pipeline operators are no longer required to ``accept'' contractor
reports. Instead, an operator will simply list the contractor, and the
contractor's DAMIS report automatically becomes part of the operator's
report once the contractor has submitted its report to DAMIS.
Furthermore, operators are not able to view contractor data reports
through DAMIS, but can get the report directly from the contractor, if
they so desire.
For each contractor listed by a primary operator, DAMIS will show
if a <a href="http://Login.gov">Login.gov</a> invitation has been generated for the contractor. If no
<a href="http://Login.gov">Login.gov</a> invitation has been created for the contractor or if the
<a href="http://Login.gov">Login.gov</a> invitation was created for the wrong email address, the
primary operator can generate a new <a href="http://Login.gov">Login.gov</a> invitation by entering a
new email address for the contractor. This email address cannot already
be in use to access DAMIS for a primary operator or a different
contractor.
Primary Operator MFA Login: In September 2023, PHMSA communicated
by email with primary operators to confirm the email address of the
person who will submit the primary operator's DAMIS report. These
confirmed email addresses were loaded into DAMIS at the end of CY 2023.
In early January 2024, DAMIS generated a one-time/one-use <a href="http://Login.gov">Login.gov</a>
invitation for the confirmed email addresses. PHMSA also makes
<a href="http://Login.gov">Login.gov</a> invitations available in the PHMSA Portal.
Contractor DAMIS Reporting
Because contractors do not have OPIDs, PHMSA uses a Business Tax
Identification Number (BTIN) to track contractors in the DAMIS
database.
A contractor may perform D&A covered functions for one pipeline
operator or multiple operators. Additionally, a contractor may be
local, regional, or nationwide, and/or may operate from a single
location or from multiple locations. Regardless, the clear intent is
for PHMSA and DOT to collect contractor D&A test data that is complete,
accurate, and nonrepetitive. Accordingly, each contractor must prepare
a single, complete, and accurate DAMIS report that includes all its D&A
covered employees and all their DOT D&A test data. A contractor does
not prepare or submit a separate and distinct DAMIS report for each
pipeline operator, or for a contractor's separate offices or locations,
unless those offices are distinct and separate under their own BTIN.
Moreover, a contractor must not report the same covered employees and
the same D&A tests in more than one BTIN. If a contractor has more than
one BTIN, the contractor must allocate individual employees and their
D&A tests results among the BTINs for which they actually worked, or
report all the contractor's employees and test results under one BTIN.
PHMSA does not need or require a DAMIS report from each BTIN. PHMSA
requires a valid set of contractor D&A test data that reflects the
complete and accurate picture of who the contractor D&A tested and what
the results of those tests were. PHMSA does not want covered employees
or D&A tests to be reported more than once. If test results can be
reported under one BTIN, that is acceptable.
PHMSA also recognizes that some pipeline operators perform D&A
covered functions for other PHMSA regulated pipeline operators. While
this may take place under a contract, pipeline operators with an OPID
must never be listed as a contractor by any other pipeline operator in
a DAMIS report.
Contractor MFA Login: MFA allows access for contractors to enter
their D&A testing data directly into DAMIS. In September 2023, PHMSA
communicated by email with contractors to confirm the email address of
the person who will submit the contractor DAMIS report. These confirmed
email addresses were loaded into DAMIS at the end of CY 2023. In early
January 2024, DAMIS generated a one-time/one-use <a href="http://Login.gov">Login.gov</a> invitation
for the confirmed email address. Contractors can also request a new
<a href="http://Login.gov">Login.gov</a> invitation for a new email address by sending a request to
<a href="/cdn-cgi/l/email-protection#88d8c0c5dbc9d8e1f8ede4e1e6edccc9c5c1dbc8ece7fca6efe7fe"><span class="__cf_email__" data-cfemail="acfce4e1ffedfcc5dcc9c0c5c2c9e8ede1e5ffecc8c3d882cbc3da">[email protected]</span></a>.
Any primary operator can generate a new <a href="http://Login.gov">Login.gov</a> invitation for a
contractor by entering an email address that is not already established
with <a href="http://Login.gov">Login.gov</a> access to DAMIS.
[[Page 91889]]
Issued in Washington, DC, on November 7, 2024, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2024-26737 Filed 11-19-24; 8:45 am]
BILLING CODE 4910-60-P
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