Interpretation Response #PI-92-041 ([SmithKline Beecham] [James A. Schell])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: SmithKline Beecham
Individual Name: James A. Schell
Location State: PA Country: US
View the Interpretation Document
Response text:
Mr. James A. Schell
Counsel
SmithKline Beecham
One Franklin Plaza
P.O. Box 7929
Philadelphia, PA 19101
Dear Mr. Schell:
This is in response to your correspondence of July 14, 1992, requesting guidance on whether certain statistical information about drug tests for an operator may be released to a DOT or state agency with regulatory authority over the operator. Your correspondence indicates that the Georgia Public Service Commission (PSC) has requested your laboratory provide statistical data on a number of pipeline operators who are subject to jurisdiction by the PSC.
49 CFR Section 40.29(g)(7) authorizes a laboratory to make available copies of all analytical results for employer drug testing programs when requested by DOT or any DOT agency. Since the Georgia PSC is performing these drug inspections as RSPA's agent, they are authorized to obtain this type of information from the laboratory.
The Georgia PSC has regulatory authority over all intrastate pipeline operators with regard to enforcement of the drug testing regulations contained in 49 CFR Part 199 and Part 40. Therefore, they have the authority to request and receive this type of information concerning pipeline operators who are subject to their jurisdiction.
Thank you for your inquiry. Please let me know if you need any more information about our drug testing requirements.
Sincerely,
Richard L. Rippert
Drug Compliance Coordinator
Office of Pipeline Safety
Enforcement