Common use of Operator Qualification Clause in Contracts

Operator Qualification. For Projects that involve covered maintenance, operations or inspection services on natural gas pipelines or liquefied natural gas facilities, the DOT has promulgated regulations establishing requirements and responsibilities for the qualification of individuals who perform covered tasks as defined within 49 CFR, Part 192. If required by Owner or 49 CFR, Part 192 prior to October 28, 2002, and for all Projects that involve covered tasks as defined in 49 CFR, Part 192 after October 28, 2002, Supplier shall provide and maintain a written plan identifying its DOT Operator Qualification program that meets the requirements of 49 CFR, Part 192, Subpart N, and Owner’s approval. Supplier shall ensure that all of its employees performing Work or performing a covered task as defined in 49 CFR, Part 192 for Owner are in compliance with the above referenced regulations and any subsequent regulations issued by the DOT. Supplier shall use only employees qualified to perform covered tasks on Owner’s facilities, and shall provide Owner with documentation of any modifications that are made to Supplier’s written plan or to its employees’ qualifications to perform those covered tasks (at an interval of not less than once per month). Supplier shall utilize a records management system, as directed by Owner, to track its employees’ qualifications. Supplier shall ensure its employees' qualification records are accurately and timely reflected in the records management system used in the jurisdiction where Supplier will perform Work or a covered task. If Supplier performs Work or a covered task in multiple jurisdictions where Owner operates, Supplier acknowledges that its written Operator Qualification plan and the system used for records management may vary among state jurisdictions.‌‌‌‌