N.Y. Comp. Codes R. & Regs. tit. 16 § 255.604

Current through Register Vol. 46, No. 45, November 2, 2024

Section 255.604 - Operator qualification

This section prescribes the minimum requirements for operator qualification of individuals performing covered tasks on a pipeline facility.

(a) Each operator shall have and follow a written qualification program. The program shall include provisions to:

(1) identify covered tasks;

(2) ensure through evaluation that individuals performing covered tasks are qualified;

(3) allow individuals that are not qualified pursuant to this section to perform a covered task if directed and observed by an individual that is qualified;

(4) evaluate an individual if the operator has reason to believe that the individual's performance of a covered task contributed to an incident requiring the submission of a report pursuant to section 255.801(d) of this Part or is otherwise significant in the judgement of the operator;

(5) evaluate an individual if the operator has reason to believe that the individual is no longer qualified to perform a covered task;

(6) communicate changes that affect covered tasks to individuals performing those tasks;

(7) identify those covered tasks and the intervals at which evaluation of the individual's qualifications is needed;

(8) 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; and

(9) after December 16, 2004, provide notification if the operator significantly modifies the program.

(b) Each operator shall maintain records that demonstrate compliance with this section.

(1) Qualification records shall include:

(i) identification of qualified individual(s);

(ii) identification of the covered tasks the individual is qualified to perform;

(iii) date(s) of current qualifications; and

(iv) qualification method(s).

(2) Records supporting an individual's current qualification shall be maintained while the individual is performing the covered task. Records of prior qualification and records of individuals no longer performing covered tasks shall be retained for a period of five years.

(c) Operators shall have a written qualification program by April 27, 2001.

(d) Operators must complete the qualification of individuals performing covered tasks by October 28, 2002.

(e) Work performance history may be used as a sole evaluation method for individuals who were performing a covered task prior to August 27, 1999.

(f) After October 28, 2002, work performance history may not be used as a sole evaluation method.

(g) After December 16, 2004, observation of on-the-job performance may not be used as the sole method of evaluation.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 255.604