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Interpretation Response #PI-93-016 ([Occidental Chemical corporation] [Joseph O. Beasley])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Occidental Chemical corporation

Individual Name: Joseph O. Beasley

Location State: TX Country: US

View the Interpretation Document

Response text:

April 8, 1993

Mr. Joseph O. Beasley

Director - Labor Relation

Occidental Chemical corporation

Corporate Office

Occidental Tower, 5005 LBJ Freeway

P.O. Box 809050

Dallas, TX 75380-9050

Dear Mr. Beasley:

This is in response to your correspondence of February 12, 1993, requesting an interpretation of section 199.19(c) regarding the supervisory training. You asked, what are the minimum training requirements for supervisors participating in Department of Transportation substance abuse programs?

Each operator shall provide supervisory personnel and other designated employees, who will determine whether an employee must be drug tested based on reasonable cause, with one 60-minute period of training on the specific contemporaneous physical, behavioral, and performance indicators of probable drug use. Supervisors and individuals promoted to supervisory positions should receive the required training as soon as possible.

As defined in §199.11(d), testing based on reasonable cause requires at least two of the employee's supervisors, one of whom is trained in detection of the possible symptoms of drug use, to substantiate and concur in the decision to test an employee. The concurrence between the supervisors may be by telephone. Small operators (50 or fewer employees) need only have one supervisor trained in the detection of possible symptoms of drug use to substantiate the decision to test.

Part 199 contains no requirement for follow-up, refresher or annual training of supervisors once the initial training requirement has been completed.

Thank you for your inquiry. Please let me know if you need additional information about our drug testing requirements.

Sincerely,

Richard L. Rippert

Drug Compliance Coordinator

Office of Pipeline Safety

Compliance

Regulation Sections