{"operation":"document","citation":"PI-90-026","title":"Memo: Internal — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1990-07-31","effective_on":null,"summary":"PI-90-026 response to Memo: Internal concerning 192.615.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-90-026.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-90-026.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-90-026","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1990/PI90026.pdf","body":"<<<PAGE 1>>>\n\nMEMORANDUM FOR: ALL REGIONAL ADMINISTRATION\nTHROUGH: LEO CAREY, DIRECTOR\nOFFICE OF FIELD PROGRAMS\nFROM: PATRICIA K. CLARK\nDIRECTOR DESIGNATE\nDIRECTORATE OF COMPLIANCE PROGRAMS\nSUBJECT: Limitation of Enforcement of Certain Subsections of the\nExcavation Standard Against Employers Engaged in Natural Gas\nTransmission and Distribution\nThe new OSHA excavation standard generally applies to all excavations made in the earth's\nsurface. The natural gas transmission and distribution industry has pointer out that certain\nworking conditions in excavations in its industry are regulated by the Department of\nTransportation's office of Pipeline Safety and has argued that such working conditions are\ntherefore not subject to the OSHA standard due to section 4(b)(1) of the Occupational Safety and\nHealth Act. We have concluded that two subsections of the OSHA standard, 29 CFR\n1926.651(g)(1)(iii), and .651(g)(2)(i) address working conditions that are covered by DOT\nstandards and cannot be enforced by OSHA.\nSubsection 1926, 651(g)(1)(iii), which requires that the concentration of flammable gas be\nmaintained below 20 percent of the lower explosive limit, is preempted by the DOT regulation at\n49 CFR 192.751. Subsection 1925.651(g)(2)(i), which requires the presence of emergency rescue\nequipment, is preempted by the DOT regulation at 49 CFR 192.615. The attached letter to the\nAmerican Gas Association explains the extent to which DOT regulations preempt the enforcement\nof these two subsections of the OSHA excavation standard. This letter shall govern the\nenforcement of the two subsections against employers in the natural gas transmission and\ndistribution industry.\nDB\nC:\\WP51\\INTERPRT\\192\\615\\90-07-31\n1","truncated":false,"body_characters":1718}