[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR199.229]

[Page 192-193]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                       TRANSPORTATION (CONTINUED)
 
PART 199--DRUG AND ALCOHOL TESTING--Table of Contents
 
              Subpart C--Alcohol Misuse Prevention Program
 
Sec. 199.229  Reporting of alcohol testing results.

    (a) Each large operator (having more than 50 covered employees) 
shall submit an annual management information system (MIS) report to 
RSPA of its alcohol testing results in the form and manner prescribed by 
the Administrator, by March 15 of each year for the previous calendar 
year (January 1 through December 31). The Administrator may require by 
written notice that a small operator (50 or fewer covered employees), 
not otherwise required to submit annual MIS reports, submit such a 
report to RSPA.
    (b) Each operator that is subject to more than one DOT agency 
alcohol rule shall identify each employee covered by the regulations of 
more than one DOT agency. The identification will be by the total number 
of covered employees. Prior to conducting any alcohol test on a covered 
employee subject to the rules of more than one DOT agency, the employer 
shall determine which DOT agency rule or rules authorizes or requires 
the test. The test result information shall be directed to the 
appropriate DOT agency or agencies.
    (c) Each report, required under this section, shall be submitted to 
the Office of Pipeline Safety, Research and Special Programs 
Administration, Department of Transportation, room 2335, 400 Seventh 
Street, SW., Washington,

[[Page 193]]

DC 20590. RSPA will allow the operator the option of sending the report 
on the computer disk provided by RSPA. If this option is used, a 
signature page attesting to the validity of the information on the 
computer disk must be sent to the address in this section.
    (d) Each report that contains information on an alcohol screening 
test result of 0.02 or greater or a violation of the alcohol misuse 
provisions of Secs. 199.215 through 199.223 of this subpart shall be 
submitted on ``RSPA Alcohol Testing MIS Data Collection Form'' and 
include the following informational elements:
    (1) Number of covered employees.
    (2) Number of covered employees subject to testing under the alcohol 
misuse rule of another operating administration by each agency.
    (3)(i) Number of screening tests by type of test.
    (ii) Number of confirmation tests by type of test.
    (4) Number of confirmation tests indicating an alcohol concentration 
of 0.02 or greater but less than 0.04, by type of test.
    (5) Number of confirmation tests indicating an alcohol concentration 
of 0.04 or greater, by type of test.
    (6) Number of covered employees with a confirmation test indicating 
an alcohol concentration of 0.04 or greater or who have violations of 
other alcohol misuse provisions who were returned to duty in covered 
positions (having complied with the recommendations of a substance abuse 
professional as described in Secs. 199.235 and 199.243).
    (7) Number of covered employees who were administered alcohol and 
drug tests at the same time, with both a positive drug test and an 
alcohol test indicating an alcohol concentration of 0.04 or greater.
    (8) Number of covered employees who were found to have violated 
other provisions of Secs. 199.215 through 199.221, and any action taken 
in response to the violation.
    (9) Number of covered employees who refused to submit to an alcohol 
test required under this subpart, and the action taken in response to 
the refusal.
    (10) Number of supervisors who have received required training 
during the reporting period in determining the existence of reasonable 
suspicion of alcohol misuse.
    (e) Each report with no screening alcohol test results of 0.02, or 
greater or violations of the alcohol misuse provisions of Secs. 199.215 
through 199.223 of this subpart shall be submitted on ``RSPA Alcohol 
Testing MIS Data Collection EZ Form'' and include the following 
informational elements. (This ``EZ'' report may only be submitted if the 
program results meet these criteria)
    (1) Number of covered employees.
    (2) Number of covered employees subject to testing under the alcohol 
misuse rule of another operating administration identified by each 
agency.
    (3) Number of screening tests by type of test.
    (4) Number of covered employees who refused to submit to an alcohol 
test required under this subpart, and the action taken in response to 
the refusal.
    (5) Number of supervisors who have received required training during 
the reporting period in determining the existence of reasonable 
suspicion of alcohol misuse.
    (f) A consortium may prepare reports on behalf of individual 
pipeline operators for purposes of compliance with this reporting 
requirement. However, the pipeline operator shall sign and submit such a 
report and shall remain responsible for ensuring the accuracy and 
timeliness of each report prepared on its behalf by a consortium.

[Amdt. 199-9, 59 FR 7430, Feb. 15, 1994, as amended by Amdt. 199-14, 61 
FR 65365, Dec. 12, 1996]