Everyone has questions about the OQ NPRM (Operator Qualification Notice for Proposed Rule Making). We want to answer everyone’s questions as thoroughly as possible. If you have a question not listed below – email it to us: info@energyworldnet.com
OSHA maintains that drug testing policies should limit post-incident testing to situations in which employee drug use is likely to have contributed to the incident, and for which the drug test can accurately identify impairment caused by drug use. For those employers who are required to test under the requirements of state or federal laws, such as U.S. Department of Transportation regulations or state workers’ compensation laws, continued testing is allowed under the new OSHA rules because conducting testing in those circumstances is not retaliatory.
As a part of the qualification program requirements outlined in §195.509(b)(2) and §192.809(b)(2), record must be kept of all program changes. Your plan does not need to be rewritten each time there is a change; changes may be recorded in appendix form.
As a part of the qualification program under program effectiveness §192.807 and recordkeeping §192.809(7)(b) the operator must complete a program effectiveness review.
192.807 Program effectiveness
The qualification program must include a written process to measure the program’s effectiveness. An effective program minimizes human error caused by an individual’s lack of knowledge, skills and abilities (KSAs) to perform covered tasks. An operator must conduct the program effectiveness review once each calendar year not to exceed 15 months.
This provision was designed to protect confidential commercial information as defined in the Freedom of Information Act (FOIA). As a result of FOIA, requested information must be disclosed unless it falls under one of nine exemptions which protect personal privacy, national security, and law enforcement. You can learn more about the FOIA here: https://www.foia.gov/index.html
As a part of your submission, an explanation for the confidentiality request must be submitted to PHMSA along with a copy of the documentation with the confidential information removed. PHMSA will make a decision on whether or not to treat your information as confidential and notify you, in writing at least five days before the information is publicly disclosed.
Pipeline inspectors perform a variety of duties to establish and ensure the quality of a pipeline system. Inspections, and therefore inspectors, are required during many parts of the installation and maintenance processes.
This should not be confused with the API 1169 Pipeline Inspector certification program, which was established as a recommended best practice for pipeline inspectors, but is not required as a part of the OQ rule.
According to PHMSA (unofficially), an operator with personnel who respond to alarms and make decisions concerning the operation of valves and pressure regulators, are considered controllers and the CRM regulations apply.
There is some gray area in regard to dispatchers, supervisors etc. who report an alarm to someone else who then makes the decisions as it pertains to documentation and training.
Incident (this covers distribution systems, transmission pipelines and gathering lines)
As defined in §191.3, Incident means any of the following events:
(1) An event that involves a release of gas from a pipeline, or of liquefied natural gas, liquefied petroleum gas, refrigerant gas, or gas from an LNG facility, and that results in one or more of the following consequences:
(i) A death, or personal injury necessitating in-patient hospitalization;
(ii) Estimated property damage of $50,000 or more, including loss to the operator and others, or both, but excluding cost of gas lost;
(iii) Unintentional estimated gas loss of three million cubic feet or more;
(2) An event that results in an emergency shutdown of an LNG facility. Activation of an emergency shutdown system for reasons other than an actual emergency does not constitute an incident.
(3) An event that is significant in the judgment of the operator, even though it did not meet the criteria of paragraphs (1) or (2) of this definition.
Accident
As defined in §195.50, an Accident is a failure in a pipeline system subject to this part in which there is a release of the hazardous liquid or carbon dioxide transported resulting in any of the following:
(a) Explosion or fire not intentionally set by the operator.
(b) Release of 5 gallons (19 liters) or more of hazardous liquid or carbon dioxide, except that no report is required for a release of less than 5 barrels (0.8 cubic meters) resulting from a pipeline maintenance activity if the release is:
(1) Not otherwise reportable under this section;
(2) Not one described in §195.52(a)(4);
(3) Confined to company property or pipeline right-of-way; and
(4) Cleaned up promptly;
(c) Death of any person;
(d) Personal injury necessitating hospitalization;
(e) Estimated property damage, including cost of clean-up and recovery, value of lost product, and damage to the property of the operator or others, or both, exceeding $50,000.
In 49 CFR 199 (Drug & Alcohol), “Accident” has a composite definition:
Accident means an incident reportable under part 191 of this chapter involving gas pipeline facilities or LNG facilities, or an accident reportable under part 195 of this chapter involving hazardous liquid pipeline facilities.
Special Permits
A special permit (previously called a waiver) is an order that waives or modifies compliance with a regulatory requirement if the pipeline operator requesting it demonstrates the need and PHMSA determines that granting a special permit would be consistent with pipeline safety. Special permits are authorized by statute in 49 USC § 60118(c) and the application process is set forth in 49 CFR 190.341. PHMSA performs extensive technical analysis on special permit applications and typically conditions a grant of a special permit on the performance of alternative measures that will provide an equal or greater level of safety. PHMSA is committed to public involvement and transparency in special permit proceedings and publishes notice of every special permit application received in the Federal Register for comment.
State Waivers
A state waiver is similar to a special permit, except that it waives or modifies compliance with a regulation adopted by the state pursuant to its participation in the pipeline safety program under a certification authorized by 49 USC § 60105 or an agreement authorized by 49 USC § 60106. Prior to issuing a state waiver, the state is required to provide PHMSA with a 60-day review period.