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.
FAQ Category: General
How will supplemental training effect my OQ plan?
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.
Will you have to prove the program effectiveness process was completed?
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.
Does confidential treatment include incidents?
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.
Are inspectors part of OQ?
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.