Definitions

The term "Act" or "Pipeline Safety Act" refers to Section 6 of the Pipeline Safety Improvement Act of 2002, codified at 49 U.S.C. 60129. This definition appears in 1981.101 and points to Public Law No. 107-355, enacted December 17, 2002.

• Use this definition when you need to identify the specific statute that governs the whistleblower protections and procedures in Part 1981.

The "Assistant Secretary" means the Assistant Secretary of Labor for Occupational Safety and Health or the person(s) to whom that official delegates authority under the Act. This definition is provided in 1981.101.

• Practically, enforcement and decisions under Part 1981 can be carried out by the Assistant Secretary or by employees to whom the Assistant Secretary delegates specific duties.

A "Complainant" is the employee who filed a complaint under the Act or the person on whose behalf the complaint was filed. This definition is set out in 1981.101.

• The complainant can be the worker who personally experienced retaliation or a representative filing on behalf of a worker.

An "Employee" includes current or former workers of a pipeline owner/operator, contractors or subcontractors, job applicants, and individuals whose employment could be affected by a pipeline owner/operator or their contractors. This broad definition is provided in 1981.101.

• Examples: a current pipeline operator technician, a former maintenance worker, a contractor's welder on the right-of-way, and a job applicant for pipeline operations all fall within this definition.
• Note: The inclusion of applicants and those whose employment could be affected means protections may extend beyond people on payroll at the time of an alleged violation.

An "Employer" is a person owning or operating a pipeline facility or a contractor or subcontractor of such a person. This definition is stated in 1981.101.

• In practice, this includes pipeline companies and their contracting firms that perform work on or for the pipeline facility.

A "Gas pipeline facility" includes a pipeline, right-of-way, facility, building, or equipment used in transporting gas or treating gas during its transportation. This definition appears in 1981.101.

• Examples: transmission mains, compressor stations, metering stations, associated buildings, and equipment used to treat gas while it is being transported.

A "Hazardous liquid pipeline facility" includes a pipeline, right-of-way, facility, building, or equipment used or intended to be used in transporting hazardous liquid. This definition is provided in 1981.101.

• Examples: crude oil pipelines, product terminals, pumping stations, and associated equipment intended for transporting hazardous liquids.

A "Named person" is the person alleged to have violated the Act. This definition is set forth in 1981.101.

• The named person could be an employer, manager, contractor, or other party identified in the complaint as responsible for the alleged violation.

"OSHA" means the Occupational Safety and Health Administration of the U.S. Department of Labor. This definition is given in 1981.101.

• For Part 1981 complaints, OSHA is the agency that handles intake, investigation, and preliminary orders under the Act.

The term "Person" is broad and includes corporations, companies, associations, firms, partnerships, individuals, States, municipalities, and trustees or receivers. This definition is in 1981.101.

• Practically, this means governmental entities (like a municipality or State) and various business forms can be named in complaints under Part 1981.

A "Pipeline facility" means both a gas pipeline facility and a hazardous liquid pipeline facility. This consolidated definition is given in 1981.101.

• That means Part 1981 protections and procedures apply to facilities involved in transporting either gas or hazardous liquids (and their associated buildings, rights-of-way, and equipment).

The "Secretary" means the Secretary of Labor or persons to whom authority under the Act has been delegated. This definition is set out in 1981.101.

• The Secretary (or delegates) holds ultimate administrative authority over implementing the Act and delegating responsibilities to OSHA officials.

Yes, a job applicant is included as an "Employee" under the Act, so applicants can be protected and can file complaints. This inclusion is explicitly stated in 1981.101.

• Example: If an applicant alleges they were denied hire because they reported a safety concern, that applicant may file under Part 1981.

Yes, workers who are employed by contractors or subcontractors of a pipeline owner/operator are included as "Employees" for purposes of the Act. This is explicitly stated in 1981.101.

• That means contractor crews performing work on a pipeline facility may bring complaints alleging discrimination or retaliation under Part 1981.

Yes, a State or municipality is listed among entities that qualify as a "Person," and an entity owning or operating a pipeline facility (including public entities) would be an "Employer." These definitions are in 1981.101.

• Practically, this means governmental owners/operators of pipeline facilities can be named in discrimination complaints under Part 1981.