{"operation":"document","citation":"CPF 520130007M","title":"ISLAND ENERGY — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-05-21","effective_on":null,"summary":"CLOSED notice of amendment citing 199.101(a)(1), 199.202.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520130007m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520130007m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520130007m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520130007M","body":"Notice of Amendment involving ISLAND ENERGY. PHMSA's enforcement data identifies the cited regulations as 199.101(a)(1),  199.202. The case was opened on 2013-05-21 and is reported as closed as of 2013-07-25. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520130007M_closure letter_07252013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130007M/520130007M_closure%20letter_07252013.pdf\n\n520130007M_closure letter_07252013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130007M/520130007M_closure%20letter_07252013_text.pdf\n\n520130007M_notice of amendment_05212013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130007M/520130007M_notice%20of%20amendment_05212013.pdf\n\n520130007M_notice of amendment_05212013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130007M/520130007M_notice%20of%20amendment_05212013_text.pdf\n\n520130007M_Operator Response_05292013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130007M/520130007M_Operator%20Response_05292013.pdf\n\n520130007M_notice of amendment_05212013_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMay 21, 2013\nMr. Peter Guadagni\nOperations Manager\nIsland Energy\nCity of Pittsburg\n440 Walnut Avenue\nMare Island, CA 94592-0001\nCPF 5-2013-0007M\nDear Mr. Guadagni:\nOn November 28 through 30, 2012, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\ninspected Island Energy (IE), City of Pittsburg’s procedures and records for their anti-drug\nand alcohol misuse plans in Pittsburg and Mare Island, California.\nAs a result of the inspection, PHMSA has identified inadequacies within IE’s anti-drug and\nalcohol misuse plan procedures as described below:\n1. §199.101 Anti-drug plan.\n(a) Each operator shall maintain and follow a written anti-drug plan that\nconforms to the requirements of this part and the DOT Procedures. The plan\nmust contain—\n(1) Methods and procedures for compliance with all the requirements of this\npart, including the employee assistance program.\n\n\n\nThe IE anti-drug plan procedures were unclear to our Substance Abuse/Misuse Director.\nWithin the anti-drug plan, references are made to regulations under the purview of the Federal\nMotor Carrier Safety Administration (FMCSA), which are not always applicable to personnel\nperforming pipeline covered functions or consistent with PHMSA pipeline safety regulations.\nThese references are potentially confusing for covered employees and plan administrators.\nIE’s anti-drug plan must detail the methods and procedures used to ensure that “covered”\nemployees, as defined by §199.3, comply with all of the requirements of 49 CFR Part 199.\n2. §199.101 Anti-drug plan.\n(a) Each operator shall maintain and follow a written anti-drug plan that\nconforms to the requirements of this part and the DOT Procedures. The plan\nmust contain—\n(1) Methods and procedures for compliance with all the requirements of this\npart, including the employee assistance program.\nThe IE anti-drug plan procedures were found inadequate by our Substance Abuse/Misuse\nDirector with regards to defining a pipeline safety accident per §199.3. The IE anti-drug plan\nmust include the §199.3 definition of an accident. Inclusion of this definition in IE’s anti-\ndrug plan allows covered employees, covered employee supervisors, the Designated\nEmployer Representative (DER), and applicable service providers (e.g., collectors, MRO,\nlaboratory) to discern the drug testing requirements for a “covered employee” involved in a\nPHMSA pipeline safety accident versus a FMCSA vehicular accident.\n3. §199.101 Anti-drug plan.\n(a) Each operator shall maintain and follow a written anti-drug plan that\nconforms to the requirements of this part and the DOT Procedures. The plan\nmust contain—\n(1) Methods and procedures for compliance with all the requirements of this\npart, including the employee assistance program.\nThe IE anti-drug procedures were found inadequate by our Substance Abuse/Misuse Director\nwith regards to procedures outlining post-accident drug testing per 199.105(b). Post accident\ndrug testing procedures must explicitly define which employees are covered by IE’s anti-drug\nplan. Furthermore, the anti-drug plan does not adequately identify the covered employees,\ncovered employee supervisors, the Designated Employer Representative (DER), and\napplicable service providers (e.g., collectors, MRO, laboratory) that must be considered for\nmandatory drug testing requirements following a PHMSA pipeline safety accident.\n2\n\n\n\n4. §199.202 Alcohol misuse plan.\nEach operator must maintain and follow a written alcohol misuse plan that\nconforms to the requirements of this part and DOT Procedures concerning\nalcohol testing programs. The plan shall contain methods and procedures for\ncompliance with all the requirements of this subpart, including required testing,\nrecordkeeping, reporting, education and training elements.\nThe IE alcohol misuse plan procedures were unclear to our Substance Abuse/Misuse Director.\nWithin the alcohol misuse plan, references are made to regulations under the purview of the\nFederal Motor Carrier Safety Administration (FMCSA), which are not always applicable to\npersonnel performing pipeline covered functions or consistent with PHMSA pipeline safety\nregulations. These references are potentially confusing for covered employees and plan\nadministrators. IE’s alcohol misuse plan must detail the methods and procedures used to\nensure that “covered” employees, as defined by §199.3, comply with all of the requirements\nof 49 CFR Part 199.\n5. §199.202 Alcohol misuse plan.\nEach operator must maintain and follow a written alcohol misuse plan that\nconforms to the requirements of this part and DOT Procedures concerning\nalcohol testing programs. The plan shall contain methods and procedures for\ncompliance with all the requirements of this subpart, including required testing,\nrecordkeeping, reporting, education and training elements.\nThe IE alcohol misuse procedures were found inadequate by our Substance Abuse/Misuse\nDirector with regards to procedures outlining post-accident alcohol testing as required by\n§199.225(a)(1), §199.225(a)(2)(i), and §199.225(a)(3). Post-accident alcohol testing\nprocedures must explicitly define which employees must be tested, when those tests must be\nadministered, and actions to take be taken if a covered employee subject to post-accident\ntesting refuses to submit to testing.\n6. §199.202 Alcohol misuse plan.\nEach operator must maintain and follow a written alcohol misuse plan that\nconforms to the requirements of this part and DOT Procedures concerning\nalcohol testing programs. The plan shall contain methods and procedures for\ncompliance with all the requirements of this subpart, including required testing,\nrecordkeeping, reporting, education and training elements.\nThe IE alcohol misuse procedures were found inadequate by our Substance Abuse/Misuse\nDirector with regards to procedures outlining post-accident use of alcohol as specified in\n§199.221. Procedures must be clear and definitive in IE’s alcohol misuse plan in order for\ncovered employees, potentially involved in a pipeline safety accident versus a FMCSA\nvehicular accident, to recognize their post-accident obligations. Moreover, covered employee\nsupervisors, the Designated Employer Representative (DER), or other appropriate IE\nrepresentative recognize their responsibility for ensuring 49 CFR Part 199 alcohol testing\nrequirements are met by the affected covered employees.\n3\n\n\n\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed\nas part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond\nwithin 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the\nallegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to\nfind facts as alleged in this Notice without further notice to you and to issue a Final Order.\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the\ninadequacies (49 CFR § 190.237). If you are not contesting this Notice, we propose that you\nsubmit your amended procedures to my office within thirty (30) days of receipt of this Notice.\nThis period may be extended by written request for good cause. Once the inadequacies\nidentified herein have been addressed in your amended procedures, this enforcement action\nwill be closed.\nIt is requested (not mandated) that Island Energy maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision\nof plans, procedures) and submit the total to Chris Hoidal, Director, Western Region, Pipeline\nand Hazardous Materials Safety Administration.\nIn correspondence concerning this matter, please refer to CPF 5-2013-0007M and send all\ndocuments to our office at 12300 W Dakota Ave., Suite 110, Lakewood CO, 80228, and for\neach document you submit please provide a copy in electronic format whenever possible.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-2 Stanley Kastanas (Activity #143489)\n4\n\n520130007M_closure letter_07252013_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJuly 25, 2013\nMr. Peter Guadagni\nOperations Manager\nIsland Energy\nCity of Pittsburg\n440 Walnut A venue\nMare Island, CA 94592-0001\nCPF 5-2013-0007M\nCase Closure\nDear Mr. Guadagni:\nOn November 28 through 30, 2012, a representative from the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted\nan on-site pipeline safety inspection of Island Energy’s (IE), City of Pittsburg, procedures and\nrecords for their anti-drug and alcohol misuse plans in Pittsburg and Mare Island, California. As a\nresult of the inspection, Island Energy (IE), City of Pittsburg, was issued a Notice of Amendment\non May 21, 2013, which proposed amendment of your procedures.\nIsland Energy (IE), City of Pittsburg, submitted its amended procedures on May 29, 2013 and,\nafter further refinement, again on July 10, 2013. Our Substance Abuse/Misuse Director reviewed\nthe amended procedures, and it appears that the inadequacies outlined in this Notice of\nAmendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-2 S. Kastanas (Activity #143489)","truncated":false,"body_characters":11568}