Drug Testing for PHMSA Mandated Employees

PHMSA (Pipeline and Hazardous Materials Safety Administration) oversees the safe transport of energy and potentially hazardous materials vital to daily life. PHMSA mandated employees include those working on pipelines and contractors hired to work on pipelines. The people who work for operators working on pipeline projects are also covered by PHMSA, which means they also must follow DOT laws and regulations.

Does the Omnibus Transportation Employee Testing Act Apply to PHMSA Mandated Employees?

PHMSA mandated employees fall under the purview of the Department of Transportation and therefore are subject to the Omnibus Transporation Employee Testing Act regulations. This includes drug and alcohol testing for the following instances:

  • Pre-employment (new hires and employees transferring into a covered position)
  • Post-accident (after PHMSA reportable accident)
  • Random
  • Reasonable cause
  • Return-to-duty (after failing or refusing a drug test)
  • Follow-up (according to SAP instructions after passing a return-to-duty test)

What is the 2022 Random Testing Rate for PHMSA Mandated Employees?

The 2022 Random testing rate for PHMSA mandated employees is 50%, and all contractors and operators must report testing results to the Federal Register.

What Happens When an Employee Fails a Random Test? How Can They Return to Work?

Employees who fail or refuse to take a random drug and alcohol test are immediately removed from their safety sensitive duties until they complete the return-to-duty process. The return-to-duty process is strictly mandated by DOT and must be followed precisely otherwise PHMSA regulated employees may need to repeat it.

The first thing an employee needs to do is contact a DOT-qualified Substance Abuse Professional who will then recommend an appropriate treatment plan. After completing the outlined protocol, the employee must return to the SAP for a follow-up evaluation. If the SAP determines compliance they refer the employee to submit to a return to duty drug and/or alcohol test. If the employee passes the test they may resume safety-sensitive work.

Those who have failed a drug or alcohol test and need to find a SAP as part of the return-to-duty process should contact SAP Referral Services. We can help you find a SAP quickly so that you can start the process and get one step closer to returning to the workplace. Contact us today.