Month: August 2016

We continue to get questions regarding the record keeping requirements and how to prepare for the changes happening via the OQ NPRM.  Here is a brief rundown of what to expect and how to be ready when the Final Rule rolls into effect (possibly later this year).

So what does the OQ NPRM have to say about record keeping?

§ 192.809 Recordkeeping.
Each operator must maintain records that demonstrate compliance with this subpart.
(a) Individual qualification records. Individual qualification records must include:
(1) Identification of qualified individual(s),
(2) Identification of the covered tasks the individual is qualified to perform;
(3) Date(s) of current qualification;
(4) Qualification method(s);
(5) Evaluation to recognize and react to an abnormal operating condition, whether it is task-specific non-task specific, which occurs anywhere on the system;
       (6) Name of evaluator and date of evaluation; and
       (7) Training required to support an individual’s qualification or requalification.
(b) Program records. Program records must include, at a minimum, the following:
(1) Program effectiveness reviews;
(2) Program changes;
(3) List of program abnormal operating conditions;
(4) Program management of change notifications;
(5) Covered task list to include all task specific and non-task specific covered tasks;
(6) Span of control ratios for each covered task:
(7) Reevaluation intervals for each covered task;
(8) Evaluations method(s) for each covered task; and
(9) Criteria and training for evaluators.
(c) Retention period— (1) Individual qualification records. An operator must maintain records of qualified individuals who performed covered tasks. Records supporting an individual’s current qualification must be retained while the individual is performing the covered task. Records of prior qualification and records of individuals no longer performing covered tasks must be retained for a period of five years.
(2) Program records. An operator must maintain records required by paragraph
(b) of this section for a period of five years.
■ 23. Section 192.1003 is revised to read as follows:
§ 192.1003 What do the regulations in this subpart cover?
(a) General. Unless excepted in paragraph
(b) of this section this subpart prescribes minimum requirements for an IM program for any gas distribution pipeline covered under this part, including liquefied petroleum gas systems. A gas distribution operator, other than a master meter operator or a small LPG operator, must follow the requirements in §§ 192.1005 through 192.1013 of this subpart. A master meter operator or small LPG operator of a gas distribution pipeline must follow the requirements in § 192.1015 of this subpart.
(b) Exceptions. This subpart does not apply to a service line that originates directly from a transmission, gathering, or production pipeline.

Wow, that is a lot of words, what does the OQ NPRM REALLY say about record keeping?

It is very technical and you can easily get lost without proper guidance (maybe reach out to EWN for a clearer picture).  Basically, the big takes from this particular section regarding record keeping is as follows:

Individual Qualification Records, as outlined in the OQ NPRM – include those records for task identification, training required to support qualifications, qualification methods, the name of the evaluator & date of the evaluation.  Items 1-4 (above) are currently included in the existing OQ Rule; 5-7 are new proposed requirements (above).

Program Records, as outlined in the OQ NPRM, include minimum standards for records for program effectiveness reviews, program changes, management of change notifications, and selection criteria and training for evaluators, etc.  All  these new & program requirement clarifications are listed in 192.809(b) and 196.509(b).

The bottom-line: What all of these things are essentially saying is PHMSA will be increasing its requirements to in-turn increase ‘tracking & traceability’.  While the term is typically associated with integrity management issues, it applies to the OQ program requirements as a whole.  PHSMA has been clearly supported API RP 1173 for Pipeline Safety Management Systems, the proposed Program Effectiveness Review requirements and the expanded Recordkeeping requirements reviewed here are a clear demonstration of PHMSA’s expectations that all companies have programs in place to guarantee safety & program compliance as a whole.  The company should be able to identify gaps and weaknesses in their program, processes and document, measure progress and improve their programs efficiently. 

How do I prepare for the additional recordkeeping changes in the OQ NPRM?

Simple,  get started now.  If you are not building your plan – you are already behind.  This is just one of many changes coming down the pike that you MUST not sleep on.  If you need help, better explanation or the tools necessary to track these records – call a professional: EWN (the trusted leader in compliance management and workforce development).

We all knew when PHMSA first started organizing the next OQ NPRM that change was coming.  Our industry has gone through this already once before back in 2011-2012, so we knew we would have time to get organized and fully understand the impacts of the OQ NPRM.  The time to comment has passed (only 35 entities commented in total, not a lot), and it looks more and more like we will see the Final Rule in place sometime in October (or by end of the year).

What do the changes mean to me?

That means that you need to be ready for the changes that impact your company.  If you are not prepared to manage your OQ records properly, you are not managing change correctly, you do not fully understand the span of control changes, you are not ensuring your program effectiveness and are not ready to notify your staff when changes are being made – you are going to be behind from the get-go.

How do I prepare for the OQ NPRM changes?

Easy – call EWN.  EWN is the trusted leader in compliance management, workforce development, and OQ.  It isn’t going to be an easy task, there are no shortcuts – but EWN has the staff to prepare you, the tools to ensure you are taken care of and the experience to help you feel secure.

How long will I have to implement these changes?

Based on prior OQ NPRM changes, we estimate that the implementation period will be 12-18 months (we are leaning more towards 12).  This might seem like a lot of time, but in reality – if you haven’t started already, it is going to fly by.  Ensuring your OQ strategies are up to snuff is going to take time – educating your staff and implementing & documenting your processes.  This implementation time will go quickly, and with an increased amount of auditors – you can expect the penalties to show up soon thereafter.

Who can help my company with these changes?

EWN.  Call them – they can help immediately.  855.396.5267

What is the OQ NPRM and what does it come from?

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has proposed amendments, updates and clarifications to the pipeline safety regulations to address Section 9 (Accident and Incident Notification) and Section 13 (Cost Recovery for Design Reviews) of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (2011 Act), and to certain other regulatory requirements.  PHMSA has also proposed changes to the Operator Qualification (OQ) requirements and drug and alcohol testing requirements and incorporating consensus standards by reference for in-line inspection (ILI) and Stress Corrosion Cracking Direct Assessment (SCCDA) in Part 195.

The public comment period for these proposed changes ended on September 8, 2015.  PHMSA received comments from 35 entities.  On June 1, 2016, the Gas Pipeline Advisory Committee (GPAC) and the Liquid Pipeline Advisory Committee (LPAC) met in Arlington, VA., to review several the regulations proposed by PHMSA. The GPAC and LPAC are congressionally-mandated peer review committees composed of industry, government and public pipeline safety experts that advise whether PHMSA’s proposed rules are reasonable, practical, technically feasible and cost-effective.