Missouri Code of State Regulations
Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE
Division 4240 - Public Service Commission
Chapter 40 - Gas Utilities and Gas Safety Standards
Section 20 CSR 4240-40.080 - Drug and Alcohol Testing

Universal Citation: 20 MO Code of State Regs 4240-40.080

Current through Register Vol. 49, No. 6, March 15, 2024

PURPOSE: This amendment modifies the rule to incorporate by reference the most recent version of 49 CFR parts 40 and 199.

(1) As set forth in the Code of Federal Regulations (CFR) datedOctober 1, 2019, 49 CFR parts 40 and 199 are incorporated by reference and made a part of this rule. This rule does not incorporate any subsequent amendments to 49 CFR parts 40 and 199. The Code of Federal Regulations is published by the Office of the Federal Register, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. The October 1, 2019, version of 49 CFR parts 40 and 199 is available at https://www.govinfo.gov/#citation.

(2) The commission adopts the federal pipeline safety regulations for drug and alcohol testing, 49 CFR part 199, as rules of the commission.

(3) The commission adopts the federal procedures for transportation workplace drug and alcohol testing programs, 49 CFR part 40, as rules of the commission.

(4) For purposes of this rule, the following substitutions should be made for certain references in the federal pipeline safety regulations adopted by reference in section (2) of this rule:

(A) The references to "state agency" in sections 199.3, 199.101, 199.107, 199.115, 199.117, 199.231, and 199.245 of 49 CFR part 199 should refer to "the commission" instead;

(B) The references to "accident" in sections 199.3, 199.100, 199.105, 199.200, 199.221, 199.225, 199.227, and 199.231 of 49 CFR part 199 should refer to a "federal incident reportable under 20 CSR 4240-40.020 " instead;

(C) The references to "part 192, 193, or 195 of this chapter" or "part 192, 193, or 195" in sections 199.1, 199.3, 199.100, and 199.200 of 49 CFR part 199 should refer to "20 CSR 4240-40.030 or 40.033" instead (the commission regulations contained in 20 CSR 4240-40.030 parallel 49 CFR part 192, and 20 CSR 4240-40.033 adopts 49 CFR part 193, but the commission does not have any rules pertaining to 49 CFR part195); and

(D) The references to the applicability exemptions for operators of master meter systems as defined in section "191.3 of this chapter" in 49 CFR 199.2 should refer to "20 CSR 4240-40.020(2)(G) " instead.

(5) The federal pipeline safety regulations for drug and alcohol testing (49 CFR part 199) adopted in section (2) of this rule contain subparts on general, drug testing, and alcohol misuse prevention program.

(A) The general subpart contains sections on: scope, applicability, definitions, Department of Transportation (DOT) procedures, stand-down waivers, and preemption of state and local laws.

(B) The drug testing subpart contains sections on: purpose; anti-drug plan; use of persons who fail or refuse a drug test; drug tests required; drug testing laboratory; review of drug testing results; employee assistance program; contractor employees; record keeping; and reporting of anti-drug testing results.

(C) The alcohol misuse prevention program subpart contains sections on: purpose; alcohol misuse plan; other requirements imposed by operators; requirement for notice; alcohol concentration; on-duty use; pre-duty use; use following an accident; refusal to submit to a required alcohol test; alcohol tests required; retention of records; reporting of alcohol testing results; access to facilities and records; removal from covered function; required evaluation and testing; other alcohol-related conduct; operator obligation to promulgate a policy on the misuse of alcohol; training for supervisors; referral, evaluation, and treatment; and contractor employees.

(6) The federal procedures for transportation workplace drug and alcohol testing programs (49 CFR part 40) adopted by reference in section (3) of this rule contain subparts on administrative provisions; employer responsibilities; urine collection personnel; collection sites, forms, equipment, and supplies used in DOT urine collections; urine specimen collections; drug testing laboratories; medical review officers and the verification process; split specimen tests; problems in drug tests; alcohol testing personnel; testing sites, forms, equipment, and supplies used in alcohol testing; alcohol screening tests; alcohol confirmation tests; problems in alcohol testing; substance abuse professionals and the return-to-duty process; confidentiality and release of information; roles and responsibilities of service agents; and public interest exclusions.

*Original authority: 386.250, RSMo 1939, amended 1963, 1967, 1977, 1980, 1987, 1988, 1991, 1993, 1995, 1996; 386.310, RSMo 1939, amended 1979, 1989, 1996; and 393.140, RSMo 1939, amended 1949, 1967.

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