Operator qualifications are an integral part of the contracts presented by the owner/operator. Owners and operators are responsible for having qualified individuals work on pipelines and the associated facilities according to PHMSA and FERC.
Contractors may also need to provide individuals that meet the requirements set forth by the owner/operator as part of the contractual requirements.
In this article, we discuss operator qualifications drawing on my own experience in the pipeline construction projects, where to find additional information and AMICUS’ capabilities that meet those requirements both contractually and in regulatory and statutory requirements.
Operator Qualifications Background
The CFR 49 sections 192.801 and 195.501 both lay out the requirements for operator qualifications as set forth by FERC and PHMSA.
Although FERC and PHMSA are focused on the owner/operator of the pipeline, the regulations cover the entirety of the work. Therefore, the FERC and PHMSA cover contractors, third parties, and non-owner employees as employees of the owner/operator.
FERC and PHMSA focus on the task, not the job description. If a task is identified in 192 or 195, it becomes a required covered task.
Moreover, the fines can be severe; the owner/operator of the pipeline and its associated facilities extends the operator qualification program down to the contractor, third party, and other personnel inside and outside of the organization.
It is, therefore, essential to know the most critical operator qualification points and where to go for additional information.
Subpart G Qualification of Pipeline Personnel
You will find detailed requirements for your construction staff members in §192.801 and §195.501. It defines the minimum requirements for the operator qualification of individuals performing covered tasks on a pipeline facility.
FERC nor PHMSA does not explicitly outlines detailed tasks. They are defined by the operator/owner of the pipeline facility and are covered if the task meets these four criteria:
- It is performed on a pipeline facility;
- Is an operations or maintenance task;
- It is performed as a requirement of this part; and
- Affects the operation or integrity of the pipeline.
In major pipeline construction projects, the owner/operator has a list of covered tasks, definition, training and testing required, the effective period, and a span of control.
Even on green-field construction projects, before product filling the line, operator qualification requirement will be in effect as directed by the owner/operator and is typically contractually identified. However, the statutory requirement indicates that if an activity fails to meet any of the four criteria, the activity is not considered a covered task.
Let’s breakdown the criteria of the requirement:
Criteria 1: Is performed on a pipeline facility.
The term “facility” in pipeline lingo typically refers to station work. However, the term used in the CFR is much more expansive and includes the pipe, ditch, storage, transportation, and work surrounding all phases of construction and the station work.
Criteria 2: Is operations or maintenance task.
Disagreement with the owner and operator and the basis of a covered task arises from this section.
Since green-field pipelines are not in operation, have no product, and are not in maintenance status, the applicability of this section and, therefore, the entire program should not be required.
However, owners and operators have taken a more conservative risk-based approach to this section and have generally expanded the definition, pushing this down to contractors and third parties.
More importantly, the section does become active if the new line crosses an old line.
The advisory bulletin ABD-06-01 states:
Pipeline operators must integrate the Operator Qualification regulations into their marking, trenching, and backfilling operations to prevent excavation damage mishaps. Only qualified personnel must oversee all marking, trenching, and backfilling operations.
Furthermore, pipeline operators are reminded that although excavation is not explicitly addressed in 49 CFR parts 192 and 195, excavation is considered a covered task under the pipeline operator qualifications regulations (49 CFR 192.801-809 and 195.501-509).
These regulations require that pipeline operators and contractors be qualified to perform pipeline excavation activities. PHMSA recommends pipeline operators review the adequacy of covered tasks involving line locating, one-call notifications, and inspection of excavation activities.
Operators should also review the adequacy of required training, evaluation, and qualification methods for each of these covered tasks to ensure that each employee and contractor is qualified to perform that task.
Criteria 3: Is performed as a requirement of this part.
This section states that if a task is performed meeting the condition performed on a pipeline or facility in operation or is in maintenance, then the task should be considered a covered task.
This extends to include any referenced task such as pipe-to-soil potential readings as they are required for cathodic protection and are included in 49 CFR 192.465 AND 195.416.
The statute requires cathodic protection. Therefore, the individual tasked with taking the readings would need to be operator qualified.
Criteria 4: Affects the operation or integrity of the pipeline.
Almost all activities that are pipeline-related can affect the operation or integrity of the pipeline. Tasks covered include transportation, locating ditching, welding, coating, testing, lowering-in, marking, and shading.
Be sensitive to the activity, not the job classification.
In identifying covered tasks, operators must consider specific activities and not necessarily the job classification of individuals performing the activities – each job classification may incorporate several activities.
For example, an individual with the job classification, ‘‘meter reader,’’ may be assigned activities other than reading a meter, such as distribution line patrolling under 49 CFR Part 192.721, that may be covered tasks. Although the meter reading task is not required under Part 192, patrolling the line is necessary.
The following is a table with Operator Qualifications:
|
Covered Tasks |
Requalification Frequency |
Initial Qualification Method |
Span of Control |
DOT Part 195 Reference |
|
Atmospheric Corrosion – Inspection of Coatings |
3 |
Knowledge Test and Performance Evaluation |
1:1 |
583b, 583c |
|
Atmospheric Corrosion – Surface Preparation |
3 |
Knowledge Test and Performance Evaluation |
1:3 |
581a, 581b, 581c2, 559, 561 |
|
Atmospheric Corrosion – Application of Coatings |
3 |
Knowledge Test and Performance Evaluation |
1:5 |
581 |
|
Electronic Holiday Detection |
3 |
Knowledge Test and Performance Evaluation |
1:1 |
561 |
|
Inspect Buried Pipe when Exposed |
3 |
Knowledge Test and Performance Evaluation |
1:1 |
403a, 442c6, 561, 569 |
|
Backfilling an Excavation |
3 |
Knowledge Test and Performance Evaluation |
1:3 |
108, 252, 403a |
|
Locate Pipeline |
3 |
Knowledge Test and Performance Evaluation |
1:1 |
422a, 442 |
|
Temporary Marking of Pipeline |
3 |
Knowledge Test and Performance Evaluation |
1:1 |
442c2 |
|
Launching and Receiving Internal Devices |
3 |
Knowledge Test and Performance Evaluation |
1:2 |
426 |
Abnormal Operating Conditions
Working with the construction crews, the idea of an abnormal operating condition is a little foreign, especially with companies that build the initial line.
The owner/operator can require you to have an Operator Qualification program applicable to the construction company. The abnormal operating condition means a condition identified by the operator that may indicate a malfunction of a component or deviation from normal operations that may:
(a) Indicate a condition exceeding design limits; or
(b) Result in a hazard(s) to persons, property, or the environment.
Both PHMSA and FERC offer frequently asked questions for your perusal. I would highly recommend that during your onboarding of your foremen and management staff, you cover the items detailed by FERC and PHMSA.
Amicus Software Capabilities
Amicus has built-in functionality to help you manage your Operator Qualification program as a contractor. Through our Operator Qualification process integrated with the employee training, you can see who is qualified to perform a task.
Other capabilities include detailing the required training for each task and individual’s recertification dates and requirements.
Summary of Amicus Operator Qualification capabilities
- Individual’s qualifications functions;
- Training requirements for specific tasks;
- Recertification dates for each individual.
Frequently Asked Questions
Here are two Frequently Asked Questions of PHMSA concerning contractor OQ requirements:
Will contractors be required to have a written OQ Program?
Only pipeline operators are subject to the requirements of the DOT Rules.
Individuals performing covered tasks on an operator’s pipeline facility must be qualified or perform covered tasks under the direct supervision of a qualified individual, including its employees, contractors, sub-contractors, original equipment manufacturers’ (OEM) representatives, temporary help, etc.
Operators may require contractors who supply individuals to perform covered tasks to:
- Have their OQ Program and provide documentation that they are currently qualified to perform the assigned covered tasks.
- Belong to a Consortium which provides the required qualification evaluations and documentation, or
- Qualify those individuals under the Operator’s own OQ Program; or
- Have an independent third party evaluate their qualification and provide the required documentation.
Whichever alternative is chosen, the contractor must be operating under an OQ Program that the operator has verified as compatible with its qualification procedures, including recognizing and reacting to AOCs identified by the operator.
How might an operator ensure that individuals employed by contractors are qualified to perform covered tasks?
An operator has several options for ensuring that contractor personnel is qualified (see 1.3 above), including:
- Requiring the contractor to develop, maintain and implement a qualification process equivalent to the operator’s qualification procedures. The operator must take positive steps to ensure the contractor’s program is compliant and that the program is being implemented and administered as described;
- Requiring the contractor personnel to participate in the operator’s program; or
- Requiring the contractor to participate in an operator-approved consortium.
Most often, with operators such as Kinder Morgan, Williams, TC, Enbridge, and others, the contractor will be required to have an Operator Qualification program in place to ensure that those individuals working on the line are qualified.
Kevin Cabral
Founder of Sync Forge and Creator of Amicus Construction Management software boasts an impressive 10 years in the midstream pipeline construction. Cabral holds a Doctorate in Organizational Leadership, experience as a Construction Safety Manager, Project Engineer, Quality Manager, and Quality auditor in both ISO 9001 and American Institute of Steel Construction.