[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR199.119]

[Page 220-221]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                       TRANSPORTATION (CONTINUED)
 
PART 199_DRUG AND ALCOHOL TESTING--Table of Contents
 
                         Subpart B_Drug Testing
 
Sec. 199.119  Reporting of anti-drug testing results.

    (a) Each large operator (having more than 50 covered employees) 
shall submit an annual MIS report to RSPA of its anti-drug testing using 
the Management Information System (MIS) form and instructions as 
required by 49 CFR part 40 (at Sec. 40.25 and appendix H to Part 40), 
not later than March 15 of each year for the prior calendar year 
(January 1 through December 31). The Administrator shall require by 
written notice that small operators (50 or fewer covered employees) not 
otherwise required to submit annual MIS reports to prepare and submit 
such reports to RSPA.
    (b) Each report required under this section shall be submitted to 
the Office of Pipeline Safety, Research and Special Programs 
Administration, U.S. Department of Transportation, Room 7128, 400 
Seventh Street, SW, Washington, DC 20590.
    (c) To calculate the total number of covered employees eligible for 
random testing throughout the year, as an operator, you must add the 
total number of covered employees eligible for testing during each 
random testing period for the year and divide that total by the number 
of random testing periods. Covered employees, and only covered 
employees, are to be in an employer's random testing pool, and all 
covered employees must be in the random pool. If you are an employer 
conducting random testing more often than once per month (e.g., you 
select daily, weekly, bi-weekly), you do not need to compute this total 
number of covered employees rate more than on a once per month basis.
    (d) As an employer, you may use a service agent (e.g., C/TPA) to 
perform random selections for you; and your covered employees may be 
part of a larger random testing pool of covered employees. However, you 
must ensure that the service agent you use is testing at the appropriate 
percentage established for your industry and that only covered employees 
are in the random testing pool.
    (e) Each operator that has a covered employee who performs multi-DOT 
agency functions (e.g., an employee performs pipeline maintenance duties 
and drives a commercial motor vehicle), count the employee only on the 
MIS report for the DOT agency under which he or she is randomly tested. 
Normally, this will be the DOT agency under which the employee performs 
more than 50% of his or her duties. Operators may have to explain the 
testing

[[Page 221]]

data for these employees in the event of a DOT agency inspection or 
audit.
    (f) A service agent (e.g., Consortia/Third Party Administrator as 
defined in 49 CFR part 40) may prepare the MIS report on behalf of an 
operator. However, each report shall be certified by the operator's 
anti-drug manager or designated representative for accuracy and 
completeness.

[68 FR 75465, Dec. 31, 2003, as amended by Amdt. 199-20, 69 FR 32898, 
June 14, 2004]