Interpretation Response #PI-11-0019 ([Spectrum Medical Corporation, LLC] [Mr. Eugene A. Miklaucic])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Spectrum Medical Corporation, LLC
Individual Name: Mr. Eugene A. Miklaucic
Location State: PA Country: US
View the Interpretation Document
Response text:
Mr. Eugene A. Miklaucic
Administrator
Spectrum Medical Corporation, LLC
77B Dutilh Road
Cranberry Township, PA 16066
Dear Mr. Miklaucic:
This letter is in response to your February 7, 2011, formal request for interpretations of 49 CFR Parts 40 and 199 regulations. Enclosed in your February 7, 2011, letter are two letters from June 2009. These letters were not considered formal requests for interpretation and PHMSA staff has already informally responded to these letters. The formal responses you have requested are below:
From your June 17, 2009, letter:
- "May letter format documentation of a DOT drug test results meeting all listed criteria in 40.163(c) be refused as evidence of compliance with a DOT drug test program?"
and
- "Does the enclosed letter format drug test report meet 49 CFR 40.163(c)?"
While PHMSA does not have responsibility for responding to requests for interpretation of 49 CFR Part 40, we coordinated our response with the DOT Office of Drug & Alcohol Policy and Compliance (ODAPC). ODAPC is responsible for promulgating 49 CFR Part 40, as well as providing official written interpretations of its rule. In your inquiry, you ask whether Spectrum Medical Service's (SMS) drug test result report is compliant with Part 40.
Section 40.163 permits Medical Review Officers (MRO) to report drug test results either by using a signed or stamped and dated legible photocopy of Copy 2 of the CCF or, a written report (e.g., a letter) which must, at a minimum, include the information outlined in 40.163(c). The MRO may also report negative test results using an electronic data file. ODAPC has reviewed SMS' drug test result report format and found it meets the requirements in 49 CFR Part 163(c).
From your June 12, 2009 letter:
- "Does 49 CFR 199 require an individual self-employed subcontractor to have the supervisory training required by 49 CFR 199.113(c) and 199.241?"
and
- "What documentation is required to demonstrate compliance with the supervisory training required by 49 CFR 199.113(c) and 199.241?"
Responses:
No. 49 CFR 199.113(c) and 199.241 requiring reasonable cause drug and reasonable suspicion alcohol supervisor training do not apply to persons who do not supervise other covered employees who perform covered functions, as defined in § 199.3, on jurisdictional pipeline facilities.
Employers of covered employees must provide evidence that a supervisory training program exists and meets the requirements of both 49 CFR 199.113(c) and 199.241. Moreover, employers must provide certification (e.g., review by: EAP/SAP counselor, MRO, recognized substance abuse training authority, or applicable subject matter expert) that any conducted training "complies with the requirements for such training." 49 CFR 199.227(c)(6)(iv). A supervisor cannot self-certify completion of reasonable cause/suspicion substance abuse training.
For supervisory reasonable cause drug testing determinations, documentation must show the existence of sufficient and pertinent content for "one 60-minute period of training on the specific, contemporaneous physical, behavioral, and performance indicators of probable drug use." 49 CFR 199.113(c). For supervisory reasonable suspicion alcohol testing determinations, documentation must show the existence of sufficient and pertinent content for at least "60 minutes of training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse." 49 CFR 199.241. Examples of additional documentation that may help show the supervisory training is compliant with the requirements for the specified training may include, but are not limited to:
- Employer's policy on drug and alcohol abuse or misuse
- A syllabus or course outline
- Materials on drug or alcohol awareness
- Participant handouts
- EAP materials
- Video content description
- Computer or web based training content
- Description or recorded on-line presentation
- Instructor training plan
- Dated participant and instructor sign-up sheets
- Participant record of completion or qualification
- All documents required under 49 CFR 199.227(c)(6)
I hope that this information is helpful to you. If I can be of further assistance, please contact me at (202) 366-4046.
Sincerely,
John A. Gale
Director, Office of Standards and Rulemaking
The Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations (49 CFR Parts 190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific facts presented by the person requesting the clarification. Interpretations do not create legally-enforceable rights or obligations and are provided to help the public understand how to comply with the regulations.