Pipeline operators do not fall under the drug testing rule most people know best. Trucking answers to the Federal Motor Carrier Safety Administration, aviation to the Federal Aviation Administration. Pipelines, gas and hazardous liquid alike, answer to the Pipeline and Hazardous Materials Safety Administration under 49 CFR Part 199. The rule shares DNA with other DOT testing programs, since all of them borrow collection and lab procedures from 49 CFR Part 40. But Part 199 has its own scope, its own test menu, and one requirement that surprises operators who assume every DOT mode looks the same.
This guide covers who is actually covered, how Part 199 is organized, what tests are required and when, where PHMSA differs from FMCSA, and what operators need on paper before an inspector ever asks to see it.
Who Is Covered Under Part 199
Part 199 applies to a "covered function," defined as an operations, maintenance, or emergency response function regulated by 49 CFR Part 192 (gas pipelines), Part 193 (LNG facilities), or Part 195 (hazardous liquid pipelines). The definition does not stop at direct employees. A "covered employee" is anyone who performs a covered function, including operators' employees, contractors they engage, and those contractors' employees. A contract welding crew doing a hot tap on a gas line is covered the same as the operator's own field staff.
The rule also covers someone who is "ready to perform" or "immediately available to perform" a covered function, not only the moment a wrench is in hand. Geographically, Part 199 applies to operations within the United States, including the Outer Continental Shelf. It does not apply to master meter systems or to systems that transport only petroleum gas or petroleum gas and air mixtures, and it does not apply where compliance would violate another country's laws.
| Role or activity | Covered under Part 199? | Why |
|---|---|---|
| Field technician performing pipeline maintenance or repair | Yes | Direct operations/maintenance function on a Part 192/193/195 facility |
| Contract welding or coating crew on a pipeline tie-in | Yes | Contractor employees performing a covered function are covered employees |
| Control room operator or dispatcher | Yes | Operations function regulated under the applicable part |
| On-call emergency response crew member | Yes | Emergency response function is explicitly included in the definition |
| Third party inspector working on the pipeline for the operator | Yes, if performing the covered function | Contractor status does not remove coverage |
| Corporate accounting, payroll, or HR staff with no field role | No | No operations, maintenance, or emergency response function performed |
| Employee on a master meter system or petroleum gas only line | No | Excluded from applicability under 199.2 |
How 49 CFR Part 199 Is Structured
Part 199 is organized in two operational subparts sitting on a general subpart:
- Subpart A, General covers scope, applicability, definitions, DOT procedures, stand down waivers, and preemption of state and local law.
- Subpart B, Drug Testing (199.100 through 199.119) sets the anti-drug plan requirement, the required drug tests, drug testing laboratory standards, review of results, the employee assistance program, contractor employees, recordkeeping, and reporting.
- Subpart C, Alcohol Misuse (199.200 through 199.245) sets the alcohol misuse plan, prohibited conduct, the required alcohol tests, recordkeeping, reporting, and contractor employees for alcohol testing.
None of this happens in isolation. Part 199 points to the "DOT Procedures" in 49 CFR Part 40 for how a test is collected, analyzed, and reviewed by a Medical Review Officer. Part 199 tells an operator what to test for and when; Part 40 tells everyone, across every DOT agency, how the test has to be run, which is why a specimen from a pipeline program looks identical to one from a trucking or aviation program.
The Required Drug Test Menu
49 CFR 199.105 lists the drug tests an operator must conduct for the presence of a prohibited drug:
| Test type | When it applies | Key detail |
|---|---|---|
| Pre-employment | Before hiring or contracting a person for a covered function | No operator may hire or contract for a covered function unless the person passes a drug test or is already covered by a conforming anti-drug program |
| Random | Unannounced, spread across the year | Rate set by PHMSA and published in the Federal Register; selection must give every covered employee an equal chance each round |
| Post-accident | After a reportable accident | Administered within 32 hours of the accident, unless the operator documents why the employee's role could be discounted |
| Reasonable cause | Specific, contemporaneous indicators of probable drug use | Requires two supervisors to concur, one trained in detecting drug use symptoms, except at operators with 50 or fewer covered employees where one trained supervisor is enough |
| Return-to-duty | Before an employee who refused or tested positive resumes a covered function | Employee must first complete the substance abuse professional and return-to-duty process under Part 40 |
| Follow-up | After return to duty | At least six unannounced tests in the first 12 months, schedule set by a substance abuse professional, continuing for up to 60 months |
How the Random Testing Rate Actually Works
This is the part employers most often get wrong: the random drug testing rate is not a fixed number in the regulation. Under 199.105(c), PHMSA sets a minimum annual percentage rate and can move it between 50 percent and 25 percent of covered employees based on the industry wide positive rate reported through Management Information System (MIS) data under 199.119. If the reported positive rate stays below 1.0 percent for two straight calendar years, the Administrator may lower the rate to 25 percent. If it climbs back to 1.0 percent or higher, the Administrator raises it back to 50 percent. PHMSA publishes the applicable rate for the coming year in the Federal Register, so check the current notice rather than relying on a number from an older article, including this one.
Alcohol Testing Under Part 199 Is Narrower Than Drug Testing
This is where PHMSA genuinely differs from testing programs a lot of employers already know. Under 199.225, an operator must conduct alcohol tests for four situations: post-accident, reasonable suspicion, return-to-duty, and follow-up, plus a retest for a result between 0.02 and 0.04 if the employee keeps working within eight hours of the test. What is not on that list is random alcohol testing. Subpart C has no random alcohol requirement the way subpart B requires random drug testing. An operator can test for alcohol more broadly than required, but Part 199 itself does not mandate an unannounced random alcohol program.
PHMSA vs FMCSA: Where the Rules Actually Diverge
Both programs run on the same Part 40 collection and lab procedures, so giving a sample looks the same regardless of which DOT agency applies. The differences show up in the details layered on top:
- Random alcohol testing. Part 199 does not require it. Employers used to trucking programs, where random alcohol testing runs alongside random drug testing, should check the pipeline rule rather than assume the same structure applies.
- Reasonable cause standard. Part 199's drug testing trigger requires two concurring supervisors for most operators, one trained to recognize drug use symptoms. Operators with 50 or fewer covered employees can rely on one trained supervisor.
- Reporting threshold and cadence. Part 199 sets the large operator MIS reporting threshold at more than 50 covered employees, with reports due by March 15 for the prior calendar year, submitted through the DAMIS system.
- Rate mechanism. The random drug testing rate swings between 50 percent and 25 percent based on the industry positive rate PHMSA calculates from operator MIS submissions, published annually in the Federal Register.
Employers running both a pipeline program and a separate commercial driver program should not assume policies or supervisor training built for one satisfy the other. If your workforce also includes commercial drivers, our breakdown of DOT versus non-DOT drug testing covers how coverage and rate rules shift between regulated and non-regulated positions. For a side by side look at another modal DOT agency, our guide to FRA railroad drug testing requirements walks through the rail equivalent.
The Anti-Drug Plan and Written Procedures Operators Must Maintain
Under 199.101, every operator must maintain and follow a written anti-drug plan conforming to Part 199 and the Part 40 procedures. The plan must include methods and procedures for complying with every requirement, including the employee assistance program, the name and address of every laboratory used, the operator's MRO and substance abuse professional, and procedures for notifying employees of the plan's coverage. 199.202 requires a parallel written alcohol misuse plan covering testing, recordkeeping, reporting, and training.
These are not paperwork formalities. PHMSA or a certified state pipeline safety agency can require an operator to amend its plan after notice and a hearing opportunity if the plan does not provide a reasonable level of safety. An operator that cannot produce a current, accurate plan on request has a real compliance gap, regardless of whether its testing has actually been happening.
Contractor Oversight
Because covered employee status follows the work rather than the paycheck, contractor oversight is not optional under Part 199. Sections 199.115 and 199.245 allow an operator to contract out the drug testing, education, and training, but two conditions apply either way: the operator stays responsible for meeting every Part 199 requirement, and the contractor must give the operator, PHMSA, and any relevant state agency access to property and records to monitor compliance.
In practice, an operator using contract crews for welding, coating, inspection, or emergency response work needs documentation showing those contractor employees are enrolled in a conforming program, whether the operator's own or the contractor's. Many operators handle this through a Consortium/Third Party Administrator (C/TPA) pooling employees from multiple contractors into a shared random pool. A verbal assurance that a crew "gets tested" is not the same as records proving it during a PHMSA audit.
MIS Reporting
Under 199.119 and 199.229, each large operator, more than 50 covered employees, must submit an annual MIS report covering both drug and alcohol results, using the form required under Part 40. Reports are due by March 15 for the prior calendar year, filed electronically through DAMIS. PHMSA can also require smaller operators to report by notice. A service agent, such as a C/TPA, may prepare the report, but the operator's anti-drug manager must certify it for accuracy.
This reporting is not just a checkbox. It is the data PHMSA uses to decide whether the industry wide random drug testing rate stays at 50 percent, drops to 25 percent, or moves back up. Sloppy MIS data does not just create a paperwork problem for one operator, it distorts the number that sets everyone's testing burden the following year.
Building a Program That Holds Up
A defensible PHMSA program has the same backbone regardless of size: a current written anti-drug and alcohol misuse plan, a documented random selection process at whatever rate PHMSA has published, supervisor training on the reasonable cause standard, a designated MRO and substance abuse professional, and records proving contractor testing on demand. For pre-employment, random, and post-accident collections, many operators keep chain of custody compatible drug test cups on hand at field offices, with any non-negative screen going to lab confirmation and MRO review under Part 40.
Frequently asked questions
Who counts as a covered employee under PHMSA drug testing rules?
Anyone who performs an operations, maintenance, or emergency response function regulated under 49 CFR Part 192, 193, or 195, including operator employees, contractors, and contractor employees. Being ready or immediately available to perform the function also counts.
Does PHMSA require random alcohol testing?
No. Under 49 CFR 199.225, Part 199 requires alcohol testing only for post-accident, reasonable suspicion, return-to-duty, and follow-up situations, plus a retest for results between 0.02 and 0.04. It does not require random alcohol testing.
What is the current PHMSA random drug testing rate?
The rate is not fixed in the regulation. PHMSA sets it annually, between 50 percent and 25 percent of covered employees, based on the industry positive rate from operator MIS reports, and publishes it in the Federal Register each year. Check the current notice rather than assume last year's rate still applies.
Can a pipeline operator have a contractor handle drug and alcohol testing?
Yes. Under 199.115 and 199.245, an operator can have the contractor carry out testing, education, and training. The operator still remains responsible for meeting every Part 199 requirement, and the contractor must give the operator, PHMSA, and applicable state agencies access to records to verify compliance.
How often must operators report testing results to PHMSA?
Large operators, those with more than 50 covered employees, must submit an annual MIS report covering drug and alcohol results by March 15 for the prior year, filed electronically through DAMIS. PHMSA can require smaller operators to report too.
What has to happen before an employee who tested positive returns to a covered function?
The employee must complete the substance abuse professional evaluation and return-to-duty process under Part 40, then pass a return-to-duty test. After returning, the employee faces unannounced follow-up testing, at least six tests in 12 months, for up to 60 months as directed by the substance abuse professional.
Sources
- 49 CFR Part 199, Drug and Alcohol Testing (eCFR)
- 49 CFR Part 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs (eCFR)
- Pipeline Safety: Minimum Random Drug Testing Rate for Calendar Year 2026 (Federal Register)
- Pipeline and Hazardous Materials Safety Administration notices (Federal Register)
This article is general information for pipeline operators and contractors, not legal advice. Confirm current requirements against the published regulation and the current year's Federal Register rate notice before building or updating a testing program.
