Pipeline safety
Doyle Dennis Avery LLP represents whistleblowers who have faced retaliation after reporting safety concerns regarding complaints of pipeline safety or security, as well as employees who were terminated for refusing to engage in unlawful acts related to pipeline safety or security. According to the Pipeline and Hazardous Material Safety Administration of the US Department of Transportation, the United States has more than 2.6 million miles of pipelines throughout the country. On an annual basis, these pipelines deliver trillions of cubic feet of natural gas and hundreds of billions of ton/miles of liquid petroleum. The state of Texas maintains the largest pipeline infrastructure of any state with approximately 479,798 miles of pipeline. In all, pipelines in Texas make up approximately 18% of the country’s pipeline infrastructure. Likewise, the Gulf Coast region maintains he majority of pipeline infrastructure in the United States.
What is the Pipeline Safety Improvement Act?
Recognizing the importance of safety and security for the country’s pipelines, Congress enacted the Pipeline Safety Improvement Act (“PSIA”), 49 U.S.C. 60129, to protect employees who have reported violations of federal laws regarding pipeline security and safety. To receive this protection, a worker must be an employee as defined by the PSIA. The Department of Labor has clarified that an employee is an individual who either worked for (or is applying to work for) a company, person, firm, a public entity that owns or operates a pipeline facility, a contractor or sub-contractor of a company that owns or operates a pipeline facility, or an individual whose employment could be affected by a person owning or operating a pipeline facility or a contractor or subcontractor of such a person
What types of pipelines are covered?
The PSIA directly covers two types of pipelines – gas and hazardous liquid. The PSIA defines a gas pipeline facility as “a pipeline, a right of way, a facility, a building, or equipment used in transporting gas or treating gas during its transportation.” Gas is further defined as natural gas, flammable gas, or toxic or corrosive gas. Similarly, the PSIA defines hazardous liquid pipeline facility as “a pipeline, a right of way, a facility, a building, or equipment used or intended to be used in transporting hazardous liquid.” Hazardous liquid means petroleum and petroleum products; nonpetroleum fuel, including biofuel, that is flammable, toxic, or corrosive or would be harmful to the environment if released in significant quantities; or a substance the Secretary of Transportation decides may pose an unreasonable risk to life or property when transported by a hazardous liquid pipeline facility in a liquid state.
What is protected?
The PSIA specifically protects employees working for covered employers, if the employee engages in the following protected activity:
- Providing information to an employer or the federal government relating to a violation of an order, regulation, law, or standard regarding pipeline safety;
- Refusing to engage in an unlawful practice relating to federal pipeline safety;
- Providing testimony before Congress or at any federal or state proceeding regarding pipeline safety;
- Commencing a proceeding under federal law regarding pipeline safety;
- Providing testimony in any proceeding described above; or
- Assisting or participating in any proceeding described above
What is an example of a protected act?
OSHA has specifically identified the following as examples of a protected activity under the PSIA: (1) reporting pipeline, safety complaints withing a company, (2) reporting safety concerns to the National Response Center hotline (maintained by the United States Coast Guard), and (3) filing incident reports with PHMSA’s National Pipeline Incident Coordinator (NPIC) hotline. These concerns could involve dangerous procedures, defects, falsification of records, poor repairs, poor maintenance, equipment failure, inadequate policies and procedures, poor staffing and supervision, improper training, operator errors, unqualified personnel, or poor investigation practices.
How do I file a claim or lawsuit?
If a covered pipeline employer, contractors, or other pipeline vendor has retaliated or terminated an employee, the employee must file a complaint with OSHA within 180 days after the retaliation or after the date when the employee learned of the retaliation. After OSHA has initiated its investigation and made findings, both the employee and employer may file an appeal with an Administrative Law Judge. Before the ALJ, the parties can conduct discovery and obtain testimony. After the ALJ makes findings regarding the claims, OSHA, the employee, or the employer may appeal to the Department of Labor.
In December 2020, Congress enacted a “kick-out provision” for the PSIA. As a result, if after 210 days, the Department does not issue a final decision, the worker then may file a lawsuit in federal court.
How do I prove a retaliation claim?
The PSIA provides safety procedures and protection for pipeline security and safety, including for employees working in Texas and the Gulf Coast. Doyle Dennis Avery LLP has significant experience and results representing whistleblowers and targeted employees/workers, including a $1.7 million verdict in Ball v. Alleyton Resource Company, a $1.9 million verdict in Reginald Newberne v. Dept. of Public Safety, and a $6.5 million verdict in Gomez v. Memorial Hermann Hospital System. If you are an employee of a pipeline facility who has been retaliated against, please contact us today for a free consultation.
What damages are available?
The PSIA authorizes the employee to seek damages for wages, mental pain and suffering, harm to reputation, attorney’s fees and costs, reinstatement, and punitive damages.
Do I need a Lawyer?
The PSIA provides safety procedures and protection for pipeline security and safety, including for employees working in Texas and the Gulf Coast. Doyle Dennis Avery LLP has significant experience and results representing whistleblowers and targeted employees/workers, including a $1.7 million verdict in Ball v. Alleyton Resource Company, a $1.9 million verdict in Reginald Newberne v. Dept. of Public Safety, and a $6.5 million verdict in Gomez v. Memorial Hermann Hospital System. If you are an employee of a pipeline facility who has been retaliated against, please contact us today for a free consultation.
