Purpose and scope

Employees are protected from discrimination by a person owning or operating a pipeline facility or a contractor or subcontractor of such person when they engage in covered activity; 1981.100(a) states these protections implement section 6 of the Pipeline Safety Improvement Act of 2002.

• This protection applies when the employee has engaged in protected activity related to alleged violations of pipeline safety laws and regulations.

Protected activity means engaging in activity that pertains to a violation or alleged violation of any order, regulation, or standard under chapter 601 (subtitle VIII of title 49) or any other federal law relating to pipeline safety, as set out in 1981.100(a).

• Examples (general description): reporting potential violations, cooperating with investigations, or otherwise raising concerns that relate to federal pipeline-safety requirements (the regulation itself defines the scope but not an exhaustive list of actions).

An employee can file a complaint, and a complaint may also be filed by a person acting on the employee's behalf, as provided in 1981.100(b).

• That means representatives such as attorneys or designated agents may submit complaints for employees.

The protections cover a person who owns or operates a pipeline facility and that person's contractors and subcontractors, as specified in 1981.100(a).

• In practical terms, both the pipeline operator and companies performing work for the operator can be responsible if they discriminate.

Part 1981 establishes procedures for the prompt handling of discrimination complaints, including submission, investigation, issuance of findings and preliminary orders, objections, litigation before administrative law judges, post-hearing administrative review, and withdrawals and settlements, as described in 1981.100(b).

• Those procedures are intended to be expeditious and work together with the rules at 29 CFR part 18.

The procedures in Part 1981 implement section 6 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60129), which provides employee protections against discrimination; see 1981.100(a).

• That statute is the statutory foundation for the complaint and enforcement rules in this part.

The protection applies to both violations and alleged violations of the relevant pipeline safety laws and regulations, as stated in 1981.100(a).

• Employees cannot be discriminated against for raising concerns about suspected or alleged breaches of pipeline safety laws.

Part 1981 works together with the rules at 29 CFR part 18 to set out the procedures for processing complaints, hearings, and appeals; 1981.100(b) explains this relationship.

• Use Part 1981 for the substantive pipeline complaint rules and 29 CFR part 18 for detailed adjudicative procedures before administrative law judges.

The stated purpose of Part 1981 is to implement procedures under the Pipeline Safety Improvement Act to protect employees from discrimination for engaging in protected pipeline-safety-related activity and to establish expeditious complaint-handling procedures, as reflected in 1981.100.

• This includes both protective measures and a clear process for complaints and adjudication.

Complaints are not limited to direct employee filings; a person acting on an employee's behalf may file a complaint under 1981.100(b).

• This allows representatives to initiate the procedures when employees choose or need assistance.

The listed stages include complaint submission, investigation, issuance of findings and preliminary orders, objections to findings and orders, litigation before administrative law judges, post-hearing administrative review, and withdrawals and settlements, as set forth in 1981.100(b).

• These stages define the lifecycle of a discrimination complaint under the part.

Part 1981 applies to persons owning or operating a pipeline facility and their contractors/subcontractors regarding protections tied to chapter 601 and other federal pipeline-safety laws, as stated in 1981.100(a).

• The scope is focused on pipeline-safety-related protections rather than unrelated employment matters.

Yes; Part 1981 establishes procedures for the expeditious handling of discrimination complaints, as explicitly said in 1981.100(b).

• The regulation emphasizes timely processing of complaints through the stages it describes.