PHMSA Compliance

Current Drug Testing Random Rates:

The PHMSA decreased its annual random drug testing rates from 50% to 25% in 2023. Covered employees in which regulations apply include anyone who performs an operation, maintenance, or emergency-response function on a pipeline or liquefied natural gas (LNG) facility.

The PHMSA requires pipeline operators to remain compliant with a variety of safety regulations and preventative measures. Companies who are subject to PHMSA regulations are encouraged to set rigorous compliance programs to reduce the possibility of violations.

Enforcement

The PHMSA has its own compliance enforcement program to ensure that operators are maintaining regulations and creating a safe and reliable working environment. These measures help prevent non-compliant situations, failures, and/or violations.

Inspections

Inspections of facilities are common by the PHMSA as a way to help enforce the compliance regulations and standards. Operators are expected to thoroughly understand and manage risks associated with their facilities.

These inspections include:

• Construction of pipeline facilities
• Pipeline system failures
• Compliance with emergency response safety regulations, maintenance, integrity, and general operations
• Communications regarding damage prevention and land use planning
• Training
• Communications with internal staff to improve business practices

The PHMSA requires operators to enforce drug testing regulations to prevent misuse to those operating in a safety-sensitive position. According to the PHMSA, applicable persons subject to testing include “the operators and their contractors of natural gas and other gas pipeline transportation, hazardous liquids pipeline transportation, and liquefied natural gas (LNG) pipeline facilities” for those who operate, maintain, or provide emergency response functions covered by DOT pipeline safety regulations.

Employees are subject to testing for the following circumstances:

• Pre-Employment
• Post Accident
• Random Selection
• Reasonable Suspicion
• Return-to-Duty
• Follow-Up - (For a failure or refusal of a drug test, which must be administered by a Substance Abuse Professional/SAP)