[Federal Register Volume 60, Number 92 (Friday, May 12, 1995)]
[Notices]
[Pages 25760-25761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11728]



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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
[Pipeline Safety Advisory Bulletin ADB-95-01]


Auditing of Drug and Alcohol Plans by Consortiums or Third Party 
Administrators

AGENCY: Research and Special Programs Administration (RSPA) DOT.

[[Page 25761]] SUMMARY: The information provided herein is to inform 
pipeline owners and operators of situations in which consortiums or 
third party administrators are utilizing operator authority to require 
unwarranted changes to contractor anti-drug and alcohol misuse 
prevention plans.
    Advisory: The Office of Pipeline Safety (OPS) is advising pipeline 
operators of reports concerning consortiums and third party 
administrators (TPA) that offer the service of auditing anti-drug and 
alcohol misuse prevention plans for the pipeline industry. Some of 
these auditing companies are requiring pipeline contractors to pay for 
revisions of their plans that may not be necessary for compliance 
purposes, or will make a recommendation to the pipeline operator that 
the use of these particular contractors could result in non-compliance. 
While this may be appropriate in some cases, OPS has evaluated several 
reports of instances where the contractor's plans and procedures were 
adequate and did not require revision. OPS recommends that pipeline 
operators provide an appeal process for contractors who believe that 
the auditing company's recommendation is unjustified.
    Background: RSPA regulations, 49 CFR 199.21 and 199.245 require 
pipeline operators to ensure that the requirements of the drug and 
alcohol regulations are complied with by contractors performing an 
operation, maintenance, or emergency response function. To ensure 
compliance, operators are required to evaluate the contractor's anti-
drug and alcohol misuse prevention plans and procedures. Many operators 
utilize consortiums and TPAs to provide this service.
    In this type of arrangement, the consortium or TPA will review the 
contractor's plan and may require the contractor to make certain 
modifications to the plan and resubmit it for final evaluation. The 
process may be repeated several times until the consortium or TPA is 
satisfied with the plan. Reports to RSPA indicate that when a 
contractor does not make the requested changes, the consortium or TPA 
will sometimes recommend to the pipeline operator that the contractor 
not be used.
    The consortiums and TPAs generally have a charge for the initial 
plan review and additional fees for subsequent reviews. Many 
consortiums and TPAs offer to correct the plan for the contractor at an 
additional charge.
    OPS has received several reports of consortiums and TPAs requiring 
changes unnecessary for compliance purposes to documents that were 
created following guidance in the RSPA model plans (as described 
below). These auditing companies are rejecting plans and stating that 
they are not adequate. Upon notification of the rejection of their 
plan, some contractors sought the guidance of OPS to rectify the 
alleged non-compliance. OPS review of several of the cases determined 
that the plans had been prepared in accordance with the RSPA model 
plans and that no changes were necessary to comply with Federal 
regulations.
    OPS has issued guidance material, i.e. a model anti-drug plan and a 
model alcohol misuse prevention plan, for the use of pipeline operators 
and their contractors to meet the requirements of Parts 199 and 40. 
These plans, when appropriately modified for the individual company, 
should meet the minimum Federal requirements for compliance.

    Issued in Washington, D.C., on May 8, 1995.
Cesar De Leon,
Acting Associate Administrator for Pipeline Safety.
[FR Doc. 95-11728 Filed 5-11-95; 8:45 am]
BILLING CODE 4910-60-P