(1) This subchapter does not apply to any pipeline or transportation activity to which the commission has not accepted jurisdiction.

(2) When applicable all drug and alcohol testing of employees shall be done in accordance with 39-2-205 through 39-2-211 , MCA. Nothing contained in this subchapter shall be construed or applied in a manner inconsistent with the provisions and requirements of 39-2-205 through 39-2-211 , MCA.

(3) In the event of any conflict in law, the substantive and procedural provisions of 39-2-205 through 39-2-211 , MCA, and the substantive and procedural provisions of the commission in this subchapter shall prevail over any federal provision adopted by the commission by reference.