What are the OQ NPRM Regulations / Requirements?

Good question.  In fact, this is asked more than anything at the moment.  The good news, you are asking now instead of later – if you had waited much longer, it might be too late to get a jump on it.  The OQ NPRM stands for Operator Qualification Notice for Proposed Rulemaking.  So what does that mean exactly?  Let’s break it down a bit further, better yet – let’s allow industry leader in OQ Training, Compliance Management, and Workforce Development, EWN – break it down further (this excerpt is from their groundbreaking educational series, “Industry Evolution”).

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.

What are the big changes coming out of the OQ NPRM in regards to training?

Another good question – asked a lot by our readers.  Honestly, this is what everyone wants to know – what am I going to have to do to prepare, implement and maintain the new regulations proposed in the OQ NPRM when it comes to training?  As with anything, most want to know how it will impact their plans, procedures, and overall company structure so they can ensure they have the correct strategies in place.  That is where a leader like, EWN will come into play.  With trusted support by a company that over 20 years of industry experience – you can sleep at night knowing your records, data and system are 100% prepared.  So, let’s get to the big changes…

Training, Training & More Training

You thought there was a lot of training that went into everything now, well there will be more when the Final Rule comes out for OQ.

EWN provides some insight on the proposed changes to Mandatory Operator Qualification (OQ) Training:

Under current regulations, an individual may rely on his/her experience to be evaluated and qualified to perform a covered task, and training is only required “as appropriate.” Specific documentation of training is not currently a qualification or program recordkeeping requirement. PHMSA previously issued guidance on training expectations via FAQs found at: https://primis.phmsa.dot.gov/oq/faqs.htm#4

Current Regulation:

49 CFR 192.805(h) and 195.505(h). After December 16, 2004, provide training, as appropriate, to ensure that individuals performing covered tasks have the necessary knowledge and skills to perform the tasks in a manner that ensures the safe operation of pipeline facilities;

The pending OQ NPRM is a significant shift to the current OQ Rule by mandating actual documented training, in addition to evaluations, for a covered task prior to an individual being allowed to perform that covered task (except when doing so under span-of-control). This requirement includes being trained on any company-specific task procedures, as well as providing supplemental training when task specifications, procedures, and/or equipment changes.

PHMSA’s Proposed Regulatory Change Regarding OQ Training reads as follows:
49 CFR 192.805(b)(9) & 195.505(b)(9) Provide training to ensure that any individual performing a covered task has the necessary knowledge, skills, and abilities to perform the task in a manner that ensures the safety and integrity of the operator’s pipeline facilities;

As proposed by PHMSA in the OQ NPRM, significant changes to definitions in 49 CFR 192.803 and 195.503 that impact the training and qualification of personnel include:
Knowledge, skills, and abilities, as it applies to individuals performing a covered task, means that an individual can apply information to the performance of a covered task, has the ability to perform mental and physical activities developed or acquired through training, and has the mental and physical capacity to perform the covered task.

Qualified as it applies to an individual performing a covered task, means that an individual has been evaluated and can:

1. Perform assigned covered tasks;
2. Recognize and react to abnormal operating conditions that may be encountered while performing a particular covered task;
3. Demonstrate technical knowledge required to perform the covered task, such as: equipment selection, maintenance of equipment, calibration and proper operation of equipment, including variations that may be encountered in the covered task performance due to equipment and environmental differences;
4. Demonstrate the technical skills required to perform the covered task, for example:Meet the physical abilities required to perform the
   1. Variations required in the covered task performance due to equipment and/or new operations differences or changes;
   2. Variations required in covered task performance due to conditions or context differences (e.g., hot work versus work on evacuated pipeline); and
5. specific covered task (e.g.; color vision, smell, strength, agility, or hearing).

Recommendation from Joint Session of GPAC and LPAC:
The PACs approved PHMSA’s proposed requirements for mandatory training requirements. Although some minor changes were recommended in the overall verbiage, no changes were recommended to the core requirement for mandatory, documented training for all qualified personnel.

Mandatory Supplemental Training is also something that is being required when changes have been made regarding procedures & specifications to a covered task.  Now the proposed change has been modified to limit supplemental training only when there are ‘significant changes’.

Here is a breakdown from OQ Training experts, EWN:

PHMSA also proposed to mandate supplemental training for individuals when procedures and specifications are changed for the covered task. As a result of discussions during the joint GPAC and LPAC advisory session held on June 1, 2016, the requirements for supplemental training were recommended to be modified to limit supplemental training to ‘significant changes.’

As proposed by PHMSA:
49 CFR 192.805(b)(10) & 195.505(b)(10) Provide supplemental training for the individual when procedures and specifications are changed for the covered task;

Recommendation from Joint Session of GPAC and LPAC:
The proposed rule, relative to 192.805(b)(10), 192.809, 195.505(b)(10), 195.509 as published in the Federal Register and the Draft Regulatory Evaluation are technically feasible, reasonable, cost-effective, and practicable if a phase in period is implemented, and (b)(10) is revised to read as follows: Provide supplemental training for the individual when significant changes are made to the procedures and specifications impacting the performance of a covered task.

The new requirements for supplemental training will be intertwined with the new Management of Change program requirements being proposed in the OQ NPRM, specifically, as it relates to communicating changes to the individuals performing those impacted covered tasks. The new requirement for a Management of Change program in 192.805(b)(7) and 195.505(b)(7) will be reviewed in the next edition of the EWN Education Series on July 19th.

Also among the changes is the Mandate for Training for Control Room Operations.  The proposed rule will force any/all that could possibly be involved in decision-making to have proper training for the control room.  Team-training is the big action item here.

Here is a thorough breakdown directly from EWN regarding Mandatory Training for Control Room Operations:

On July 25, 2012, the National Transportation Safety Board (NTSB) issued a safety recommendation for PHMSA to extend Operator Qualification requirements in 49 CFR 195 Subpart G to all hazardous liquid and gas transmission control center staff involved in pipeline operational decisions (NTSB Recommendation P-12-8). The NTSB also recommended PHMSA develop requirements for team training of control center staff involved in pipeline operations similar to those used in other transportation modes (NTSB Recommendation P-12-7). The P-12-7 and P-12-8 action items are currently listed by PHMSA as open items under development.

The existing regulations regarding Control Room Management in 49 CFR 192.631 and 195.446 require general controller training and touch on the topic of supervisors or others intervening in control room operations, but there are no specific OQ program requirements. Therefore, in direct response to the NSTB recommendations, PHMSA is proposing explicit control room team training for all individuals who would be reasonably expected to interface with controllers during normal, abnormal or emergency situations in 49 CFR 192.631(h) – Training, and 195.446(h) – Training.

Accordingly, the PHMSA OQ NPRM specifically states:
The proposed changes would enhance the OQ requirements by clarifying existing requirements and addressing NTSB recommendation to extend operator qualification requirements to control center staff involved in pipeline operational decisions (Safety Recommendation P–12–8).

The PHMSA proposed language on Control Room Training to be added to 49 CFR 192.631 and 195.446 includes:
(h)(4) Training that will provide a controller a working knowledge of the pipeline system, especially during the development of abnormal operating conditions;
(h)(6) Control room team training and exercises that include both controllers and other individuals who would reasonably be expected to interact with controllers (control room personnel) during normal, abnormal or emergency situations.

Evaluators will have mandatory training as well, new credentials & documentation to support those credentials.  Here is a quick breakdown from EWN

Here is a quick breakdown from EWN regarding Mandatory Training for Evaluators:

The current regulations do not address any specific requirements for individuals that conduct evaluations on personnel that must be qualified to perform covered tasks, and historically PHMSA has only provided limited guidance via FAQs for individuals serving as evaluators.

Current FAQs, as answered by PHMSA at https://primis.phmsa.dot.gov/oq/faqs.htm#7

2.14 What credentials must a person have to be an evaluator?
Operators may, but are not required to, establish criteria that an individual must meet to be an evaluator. Evaluators should, however, possess the required knowledge to ascertain an individual’s ability to perform covered tasks and to substantiate an individual’s ability to recognize and react appropriately to abnormal operating conditions that might occur while performing these activities. The evaluation process should be objective and consistent. As such, evaluators should be knowledgeable about the subject tasks in order to conduct effective evaluations.

2.15 Must records be maintained documenting evaluator credentials?
The generation and retention of records to substantiate an evaluator’s knowledge is a good practice. It demonstrates to regulators a good faith effort to comply with the spirit of the OQ rule. The generation and maintenance of records to substantiate an evaluator’s knowledge are ultimately, however, at the operator’s discretion.

In the pending OQ NPRM, PHMSA has proposed the following new requirement for evaluators of individuals performing covered tasks.
49 CFR 192.805(b)(11) & 195.505(b)(11) Establish the requirements to be an Evaluator, including the necessary training.

More information about evaluator recordkeeping requirements and evaluator performance will be covered in the July 19th and July 21st editions of this EWN Educational Series, including new records required in 49 CFR 192.809 and 195.509 that are normally reviewed during the inspection of OQ programs. The additional requirements would include records that document evaluator performance and the overall OQ program effectiveness.

As you can see there are plenty of training changes coming by way of the OQ NPRM, it is important you understand exactly how to implement these changes and be ready come Final Rule time.  Struggling with all the changes?  Let the proven leader help you get prepared – reach out to ENERGY worldnet (EWN).