Archived Rulemaking: Control of Drug Use In Natural Gas, Liquefied Natural Gas, and Hazardous Liquid Pipeline Operations
RSPA has received petitions for reconsideration of its final rule requiring operators of pipeline facilities used for the transportation of natural gas or hazardous liquids and operators of liquefied natural gas facilities to have an anti-drug program for persons who. perform certain sensitive safety-related functions covered by the pipeline safety regulations. On March 21, 1989, the Supreme Court upheld as constitutional a related rule issued by DOT requiring post-accident and reasonable suspicion drug testing for rail employees performing safety functions as well as a drug-testing program instituted by the U.S. Customs Service to test certain of its employees. RSPA is delaying the implementation dates stated in its rule to permit careful reevaluation of its rule in light of the Supreme Court's recent guidance, as well as consideration of the issues raised by the petitions for reconsideration now pending before it.