Pipeline Safety: Random Drug Testing Rate; Management Information System Reporting; and Obtaining Drug and Alcohol Management Information System Sign-In Information

CourtPipeline And Hazardous Materials Safety Administration
Citation86 FR 72306
Publication Date21 December 2021
Record Number2021-27504
Federal Register, Volume 86 Issue 242 (Tuesday, December 21, 2021)
[Federal Register Volume 86, Number 242 (Tuesday, December 21, 2021)]
                [Notices]
                [Pages 72306-72307]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-27504]
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                DEPARTMENT OF TRANSPORTATION
                Pipeline and Hazardous Materials Safety Administration
                [Docket No. PHMSA-2021-0107]
                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 of calendar year 2022 minimum annual percentage rate for
                random drug testing, reminder for operators to report contractor
                Management Information System (MIS) data using PHMSA Supplemental
                Instructions, and reminder of method for operators to obtain username
                and password for electronic reporting.
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                SUMMARY: PHMSA has determined that the minimum random drug testing rate
                for covered employees will remain at 50 percent during calendar year
                2022. 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 2021 reporting,
                the username and password for the Drug and Alcohol Management
                Information System (DAMIS) will be available in the PHMSA Portal.
                DATES: Effective January 1, 2022, through December 31, 2022.
                FOR FURTHER INFORMATION CONTACT: Wayne Lemoi, Drug & Alcohol Program
                Manager, Office of Pipeline Safety, by phone at 909-937-7232 or by
                email at [email protected].
                SUPPLEMENTARY INFORMATION:
                Notice of Calendar Year 2022 Minimum Annual Percentage Rate for Random
                Drug Testing
                 Operators of gas, hazardous liquid, and carbon dioxide pipelines,
                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. Pursuant to Sec. 199.105(c)(1), the PHMSA
                minimum annual random drug testing rate for all covered employees is 50
                percent. 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 percent for 2 consecutive
                years, the Administrator can reduce the random drug testing rate to 25
                percent of all covered employees. While the random drug test positive
                rate for the pipeline industry was reported at less than 1 percent in
                calendar year 2020, the positive rate for calendar year 2019 was
                greater than 1 percent. Accordingly, the minimum annual random drug
                testing rate for calendar year 2022 is maintained at 50 percent of all
                covered employees.
                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 MIS 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 D&A 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 a MIS
                report for calendar year 2019 or 2020, the PHMSA Portal message may
                state that no MIS report is required for calendar year 2021. If a small
                operator has grown to more than 50 covered employees during calendar
                year 2021, the PHMSA Portal message will include instructions for how
                to obtain a DAMIS username and password for the 2021 calendar year
                reporting period.
                 If an operator is required to submit a MIS report in accordance
                with part 199,
                [[Page 72307]]
                that report is not complete until PHMSA receives a 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.
                Reminder of Method for Operators To Obtain Username and Password for
                Electronic Reporting
                 By early January 2022, the username and password required for an
                operator to access DAMIS and enter calendar year 2021 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 (https://portal.phmsa.dot.gov/pipeline) since 2011. PHMSA determined that
                distributing information via the 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 an operator 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: https://portal.phmsa.dot.gov/PHMSAPortal2/staticContentRedesign/howto/PortalAccountCreation.pdf.
                 Issued in Washington, DC, on December 15, 2021, under authority
                delegated in 49 CFR 1.97.
                Alan K. Mayberry,
                Associate Administrator for Pipeline Safety.
                [FR Doc. 2021-27504 Filed 12-20-21; 8:45 am]
                BILLING CODE 4910-60-P
                

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