Operator Qualification

(a)For purposes of this section, and 49 CFR 192, Subpart N, as amended from time to time:#

(1)"Directed And Observed" means the process whereby a Qualified individual personally observes a Covered Task performed by an individual not Qualified to perform such Covered Task, without impeding the ability of the Qualified individual to effectively respond to errors or Abnormal Operating Conditions that may occur during the performance of the Covered Task.#

(2)"Evaluation" means a process, established and documented by the Operator, to determine an individual's ability to correctly perform a Covered Task by the following:#

(A)written or oral examination; and#

(B)observation during performance on the job or simulations.#

(3)"Evaluator" means the individual who performs an Evaluation.#

(4)"Qualification Program" means the program required pursuant to 49 CFR 192, Subpart N, as amended from time to time, and this section.#

(5)"Span Of Control" means the ratio of non-Qualified to Qualified individuals whereby the non-Qualified individual or individuals are Directed And Observed by a Qualified individual when performing a Covered Task, with consideration given to complexity of the Covered Task and the operational conditions when performing the Covered Task.#

(b)An Operator shall not accept any other entity's qualification program, unless approved by the Authority in writing. The Authority may waive any of the requirements of this section when approving other entities' qualification programs.#

(c)Each Operator shall develop and implement a process for the use of outside resources during mutual aid situations. The Authority may waive any of the requirements of this section for mutual aid situations.#

(d)Each Operator shall establish the qualifications of Evaluators and trainers, including prerequisites, knowledge and necessary training.#

(e)Individuals who inspect others performing Covered Tasks shall be trained and certified for the Covered Tasks they are inspecting.#

(f)The training and Evaluation process shall be specific to the Operator's Procedures.#

(g)Each Operator shall have a training and certification process for individuals performing engineering functions, specific to the design, construction, operation, maintenance and integrity of its Pipeline Facilities.#

(h)Training shall consist of the following:#

(1)all individuals performing Covered Tasks shall be initially trained prior to performing such Covered Tasks and then periodically trained to ensure that they have the necessary knowledge and skills to perform such Covered Tasks in a manner that ensures the safety and integrity of Pipeline Facilities;#

(2)Operators shall establish training requirements, including, but not limited to, the minimum training time; and 41#

(3)specific reasons for additional training shall be clearly defined, including, but not limited to, failed Evaluations, changes to Procedures or unacceptable performance. This training shall be completed prior to reevaluation.#

(i)Evaluations shall be conducted as follows:#

(1)Evaluations of a specific Covered Task shall not be performed during the 48-hour period following training or a failed Evaluation for the specific Covered Task;#

(2)(3) (4) guidance shall not be provided during an Evaluation; Procedures may be referenced by the individual during an Evaluation; oral examinations and observation during performance on the job or simulation Evaluations shall not exceed one individual being Qualified per Evaluator at a time;#

(5)Operator personnel or independent third-party contractors shall perform the Evaluations;#

(6)security measures shall be taken to ensure the integrity of the Evaluation process;#

(7)if any individual answers any Abnormal Operating Condition question incorrectly, the individual shall be deemed to have failed the Evaluation;#

(8)an individual shall be reevaluated if the Operator has reason to believe that the individual did not correctly perform a Covered Task;#

(9)oral examinations may be combined with observations during performance on the job or simulations into one combined Evaluation; and#

(10)the Authority may waive the requirements of subsection (a)(2)(B) of this section for any Covered Task where it determines that a written or oral examination provides a sufficient Evaluation.#

(j)Each Operator shall ensure that each day any individual performs a Covered Task pertaining to construction, Records are reviewed prior to the individual performing the Covered Task to ensure the individual is Qualified, unless the individual is being Directed And Observed.#

(k)Each Operator shall develop and implement a process to review the effectiveness of the Qualification Program. Each Operator shall conduct this program effectiveness review at least once every other calendar year, but at intervals not exceeding 27 months.#

(1)The process to review program effectiveness shall:#

(A)evaluate whether the Qualification Program is being implemented and executed as written; and#

(B)establish provisions to amend the Qualification Program to include any changes necessary to address the findings of the program effectiveness review.#

(2)Each Operator shall develop program metrics, including occurrences of an individual failing to perform a Covered Task correctly and failed Qualifications, to determine the effectiveness of the Qualification Program.#

(l)Each Operator shall maintain the following Records:#

(1)individual qualification Records including:#

(A)identification of the Qualified individual, including, but not limited to, a photograph;#

(B)identification of each Covered Task the individual is Qualified to perform; 42#

(C)the date of each Evaluation;#

(D)the date that each qualification expires;#

(E)an individual's written or oral examination questions and answers;#

(F)an individual's results of observation during performance on the job or simulations;#

(G)the name of each Evaluator; and#

(H)training Records;#

(2)the Records contained in subsections (l)(1)(A) to (l)(1)(D), inclusive, of this section, which shall be available in the field any time Covered Tasks are being performed; and#

(3)Qualification Program Records including the following:#

(A)Qualification Program effectiveness reviews;#

(B)Qualification Program changes, including revision history and annotated versions showing all revisions of the Procedures;#

(C)management of change notifications;#

(D)a list of Covered Tasks that includes the description, scope, Evaluation intervals, Span-Of-Control and Abnormal Operating Conditions specific to each Covered Task;#

(E)qualification Records for Evaluators;#

(F)a cross-referenced table of Covered Tasks to applicable Procedures; and#

(G)training Records, including the dates, durations, attendance sheets, syllabi, presentation materials, student critiques, lessons learned, and revised training documentation showing how the training was revised based on the student critiques and lessons learned.#

(m)Individuals qualified for a Covered Task under the Federal Regulations not later than January 1, 2027, shall remain qualified until those qualifications expire, at which point the re-qualification shall follow the Federal Regulations and this section. Sec. 7. The Regulations of Connecticut State Agencies are amended by adding sections 16-280b-C1 to 16-280b-C10, inclusive, as follows:#