PURPOSE: This rule adopts the federal regulations on this subject matter that apply to operators of gas systems. The rule requires operators of gas systems to test certain employees for the presence of prohibited drugs or alcohol and provide an employee assistance program. In addition, the rule provides a description of the technical procedures which must be utilized in conducting the drug and alcohol testing. The rule applies to operators of gas systems subject to the safety jurisdiction of the Public Service Commission.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) As set forth in the Code of Federal Regulations (CFR) dated October 1, 2018, and the subsequent amendment published on April 23, 2019 (published in Federal Register on April 23, 2019, page 84 FR 16770), 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, 2018, version of 49 CFR parts 40 and 199 and the Federal Register publication on page 84 FR 16770 are available at https://www.govinfo.gov/#citation.
2. (2) The commission adopts the federal pipeline safety regulations for drug and alcohol testing, 49 CFR part 199, as rules of the commission.
3. (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. (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:

   1. (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;
   2. (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;
   3. (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 part 195); and
   4. (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. (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.

   1. (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.
   2. (B) The drug testing subpart contains sections on: purpose; anti-drug plan; use of persons who fail or refuse a drug test; drug tests 20 CSR 4240-40

required; drug testing laboratory; review of drug testing results; employee assistance program; contractor employees; record keeping; and reporting of anti-drug testing results.

1. (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.

1. (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 returnto-duty process; confidentiality and release of information; roles and responsibilities of service agents; and public interest exclusions.

AUTHORITY: sections 386.250, 386.310, and 393.140, RSMo 2016.* This rule originally filed as 4 CSR 240-40.080. Original rule filed Nov. 29, 1989, effective April 2, 1990. Rescinded and readopted: Filed Jan. 9, 1996, effective Aug. 30, 1996. Rescinded and readopted: Filed April 9, 1998, effective Nov. 30, 1998. Amended: Filed Oct. 15, 2007, effective April 30, 2008. Amended: Filed Nov. 29, 2012, effective May 30, 2013. Amended: Filed Nov. 14, 2016, effective June 30, 2017. Amended: Filed June 4, 2018, effective Jan. 30, 2019. Moved to 20 CSR 4240-40.080, effective Aug. 28, 2019. Amended: Filed Dec. 12, 2019, effective July 30, 2020.

*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. AND INSURANCE