Action
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.