When Must PHMSA Pipeline Operators Conduct Post-Accident Testing?

PHMSA post-accident testing is tied to the federal pipeline incident reporting rules rather than to a separate accident definition. For 49 CFR Part 199, an accident is an incident reportable under 49 CFR Part 191 involving gas pipeline or LNG facilities, or an accident reportable under 49 CFR Part 195 involving hazardous liquid pipeline facilities (49 CFR 199.3).

Who is covered. A covered employee is a person who performs a covered function, including people employed by operators, contractors engaged by operators and people employed by those contractors (49 CFR 199.3).

Who is tested. The operator tests each surviving covered employee whose performance of a covered function either contributed to the accident or cannot be completely discounted as a contributing factor (49 CFR 199.105(b)(1), 49 CFR 199.225(a)(1)).

Deciding not to test. A decision not to test must be based on specific information that the employee's performance had no role in the cause or severity of the accident (49 CFR 199.105(b)(1), 49 CFR 199.225(a)(1)). Part 199 words this test differently from the FAA and FTA rules, which refer to the best information available. Records of decisions not to give a post-accident drug or alcohol test are kept for at least three years (49 CFR 199.117(a)(5), 49 CFR 199.227(b)(4)).

Time limits.

• Drugs. As soon as possible but no later than 32 hours after the accident. If the test is not given in that time, the operator stops trying and records the reasons (49 CFR 199.105(b)(2)).
• Alcohol. If not done within 2 hours, the operator records why. After 8 hours, the operator stops trying and records the reasons (49 CFR 199.225(a)(2)).

Employee duties. An employee who fails to remain readily available for alcohol testing, including failing to tell the operator where he or she is after leaving the scene, may be treated as having refused the test. The rule does not delay medical care (49 CFR 199.225(a)(3)).

Plans and contractors. Each operator maintains and follows a written anti-drug plan that conforms to Part 199 and the DOT procedures in 49 CFR Part 40 (49 CFR 199.5, 49 CFR 199.101(a)). An operator may have contractors carry out testing by contract but remains responsible for compliance (49 CFR 199.115).

Post-accident testing by agency. Separate pages cover the FMCSA post-accident rule, the FTA post-accident rule, the FAA post-accident rule and the FRA post-accident rule.