Compliance Verification Activity Report: CV2122-094 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Activity #: CV2122-094
Start date: 2021-06-08
End date: 2021-06-10

Team:

Regulated company: Trans Mountain Pipeline ULC

Operating company: Kinder Morgan Canada Inc

Province(s) / Territory(s):

Discipline(s):

Related events:

Rationale and scope:

TMX Spread 5A - Assess field implementation of construction safety manual and project specific safety plans for ongoing construction activities; worker tasks including identification of hazards and appropriate controls relevant to the job tasks via hazard assessments; company implementation COVID-19 safety protocols; company oversight of contractors - training & competence, monitoring, supervision and accountability; assess execution of work per applicable procedures and documented work practices.

Compliance tool(s) used:

Facility details

Facilities:

Regulatory requirements

Regulatory requirements that apply to this activity:

Observations (no outstanding follow-up required)

Observation 1 - IR#1

Discipline: Safety Management

Categories:

Facility:

Observations:

The CER identified a number of items with respect to the following that require further review:

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Please provide the following documentation:

  1. PAR with respect to tag lines as mentioned in the TMEP HSMP and SMJV PSSP as discuss between CER IO and TMEP Safety.
  2. Training records that demonstrate the workers who assembled the 'Trench Box Pro-Series 10 High X12FT Long Trench Shield' on 8 June 2021 at Road 4 where trained and competent with the assembly of this specific trench box.
  3. Action Plan, deliverables, and timeframe for implementation plan between SMJV and TMEP Spread 5A regarding hearing protection/DB assessments and heavy equipment stickers as per the CER IO/TMEP 5A Safety discussion.
  4. Assessment or other documentation with respect to the 'danger tree' observed near 50°22'29"N, 120°25'15"W - KP882.800
  5. Documentation surrounding the incident or near miss with respect to the sandblasting operator and the sandblast wand/hose in the afternoon of 10 June 2021 near 50°45'22"N, 120°21'48"W.
  6. Evidence that the Burnaby concrete slab high potential medical aid incident was communicated across Spread 5A. The CER IOs received a verbal confirmation that it was discussed. 
CER IR Trench Box Road 4:TM Response:CER Subsequent IR:  
CER IR Danger Tree:TM Response:CER Subsequent IR 
CER IR Noise Evaluation:TM response:CER Subsequent IR:

Due date: 2021-06-25

Date closed: 2021-06-30
Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.

Reason closed: Referred to enforcement

Compliance achieved: No

Observation 2 - IR#2 Potential Chance Find

Discipline: Indigenous Monitoring

Categories:

Facility:

Observations:

On 8 June 2021, the IAMC Indigenous Monitor (IM) observed what was considered at the time to be a potential arrowhead (a potential chance find). The potential chance find was found in the gravel outside of the construction offices within the TM Cando Yard before the morning meeting. The IAMC IM collected the  potential chance find from the yard and presented it to a TM safety representative during the opening meeting. A Spread 5A TM Environmental Inspector was brought in and told the group that they would consult with an archeologist.
 
When the IAMC IMs met with the TM IMs on the morning of 9 June 2021, the IAMC IMs stated that the TM IMs indicated that they had not yet been informed of the chance find the previous day.  
 
On 10 June 2021 at the daily debriefing, TM stated that stated that they had put pylons around the area to cordon off and protect the area while the chance find was being investigated. TM also stated that the archeologist confirmed that the potential chance find was not an artifact.  The IAMC IM requested via IR the archeologist report on the artifact and whether TM notified the potentially affected communities. TM stated they have a list of the communities that would be consulted. Per the EPP Heritage Resource Discovery During Construction B-17 states that if the chance find is "confirmed to be a heritage resource and as required, a Heritage Resource Specialist will develop an appropriate mitigation plan in consultation with the Contractor, Environmental Inspector, the Construction Manager, the Appropriate Government Authority, as well as, the Appropriate Government Authorities and the applicable Indigenous group(s)."

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

  1. Confirm whether or not Trans Mountain implemented their Chance Find Discovery Plan when they were notified of the potential chance find (as required in Section 7 in the Temp Infrastructure Site EPP, mitigation 23, [A7E9U3]);
  2. Outline the steps Trans Mountain took once it was informed of the potential chance find. Where available, provide photos to demonstrate any mitigations were implemented. 
  3. Confirm source location of the gravel used to backfill the office area of the Cando Yard.
  4. Confirm what Trans Mountain did with the potential chance find after it was assessed.
  5. Provide the following documentation:
    1. Any reports or documentation from the archeologist who assessed the potential chance find.
    2. The minutes from the Inspectors morning meetings from 9 and 10 June 2021.
    3. The minutes or notes from any Spread 5A Environmental team’s morning meetings that took place between 8-10 of June 2021.  

Due date: 2021-06-23

Date closed: 2021-06-29
Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.

Reason closed: Requirement met

Compliance achieved: Yes

Observation 3 - Tag Lines

Date & time of visit: 2021-06-08 08:00

Discipline: Safety Management

Categories:

Facility:

Observations:

In its 7 June 2021 response to the CER’s CV2122-005 Trans Mountain stated “Trans Mountain determined that the use of tag lines is the only method permitted for workers to guide pipe as per section 47 of the Trans Mountain Health and Safety Management Plan (HSMP) through its interpretation of applicable occupational health and safety legislation. Section 14.38(5) of the BC Occupational Health and Safety Regulation states that “Tag lines or other effective means must be used when necessary to control hazardous movement of a load and assist with positioning a load”. Section 70(1) of the Alberta Occupational Health and Safety Code states that “If workers are in danger because of movement of a load being lifted, lowered or moved by a lifting device, an employer must ensure that (a) a worker uses a tag line of sufficient length to control the load, (b) the tag line is used in a way that prevents the load from striking the worker controlling the tag line, and (c) a tag line is used when it allows worker separation from the load.” Trans Mountain employs the use of tag lines to mitigate the risks associated with working with suspended loads. In accordance with its Health and Safety Variance Procedure, Trans Mountain will consider issuing a variance to requirements of the HSMP if and when a proposed alternative to a requirement ensures worker health and safety and meets at least one of the following two criteria: (1) Provides protection for workers equal to or greater than the protection established by the provision to be varied, or (2) Has substantially the same purpose and effect as the provision to be varied. Trans Mountain continues to assess all variances with workers to eliminate all workplace hazards that could lead to injuries, as well as equipment damage, production losses, project reputational impacts or environmental impacts. All changes or variances must be reviewed and approved by the TMEP Director of Health and Safety.”

Section 70(3) of the Alberta Occupational Health and Safety Code states that “An employer must ensure that tag lines are not used in situations where their use could increase the danger to workers.” Section 14.38(5) of the BC Occupational Health and Safety Regulation states that “Tag lines or other effective means must be used when necessary to control hazardous movement of a load and assist with positioning a load”.

The CER is of the view that due to the fact that Trans Mountain has acknowledged and accepted the safety concerns identified from two of its contractors, it is unreasonable to continue to require each individual contractor to request a variance with respect to the use of tag lines. TM must demonstrate a proactive commitment to continual improvement in safety and therefore has a responsibility to proactively reevaluate its HSMP practices and requirements when safety concerns are identified. Trans Mountain shall conduct an evaluation of its policies and requirements with respect to the use of tag lines and ensure that any changes are applied across the project.  

Compliance tool used: No compliance tool used

Observation 4 - Black Pines - Kick Off

Date & time of visit: 2021-06-08 12:20

Discipline: Safety Management

Categories:

Facility:

Observations:

  1. Black Pines KP 806+59
  2. Closest first aid KP 815+00 Road 6
  3. Excavation with shoring installed, ladders were installed and secured for egress
  4. Spoke with machine operator and discussed the use of spotters, daily equipment inspections
  5. Access road guard rail insufficient as next to slope with work being conducted below (see NNC 1)

Compliance tool used: No compliance tool used

Observation 5 - Welding at Road 7

Date & time of visit: 2021-06-08 13:45

Discipline: Safety Management

Categories:

Facility:

Observations:

  1. Tracked welding was in progress at Road 7 location in a pop-up tent. Welding wire 81M was being used to carry out the weld. One welder and a welder's helper were performing the task. Welder was observed to be wearing a Powered Air Purifying Respirator (PAPR). Welder was aware of use and care procedures of the PAPR unit. 
  2. Welder's helper was working in the same pop-up tent without any respiratory protection. Upon discussion with the welder's helper, worker had decided to not use respirator due to welding being performed outdoors. Worker had access to a half-face respirator. Welder's helper was asked to don a respirator when performing work in the pop-up tent. Discussed with both the welder and welder's helper hazards from welding fumes and need for use of respirators when welding, unless monitoring data showed that risk of overexposure was below applicable Occupational Exposure Limits.
  3. Multiple sets of steps were dug in to the excavation on both sides in order to provide egress.
  4. Observed overhead electrical lines marked off with goal posts, flags and signage.
  5. Open excavation with a rope barrier within 1 m of the edge.

Compliance tool used: No compliance tool used

Observation 6 - Road 4

Date & time of visit: 2021-06-08 15:00

Discipline: Safety Management

Categories:

Facility:

Observations:

  1. Bending KP 810+300
  2. 14 workers observed to be following COVID-19 protocols
  3. Trench box at this location had been assembled earlier in the day. The CER had reviewed the training and competency records for those workers who assembled the trench box at this location.
  4. Observed road signage, and electrical lines marked appropriately.

Compliance tool used: No compliance tool used

Observation 7 - Stump Pump Station

Date & time of visit: 2021-06-09 10:04

Discipline: Safety Management

Categories:

Facility:

Observations:

  1. Arrived at the test blast site at 1004 am. Reviewed site hazards and signed on to the site FLHA with SMJV supervisor at KP886+020. Supervisor identified muster area as North Radio Tower. Blasting crew was preparing for afternoon test blast and was subsequently observed laying blasting mats on the test area. 
  2. Blasting supervisor provided an overview of the blasting process including danger zones and blast zones. Ground sweep procedures were discussed with the supervisor. Ten minute warning and two minute warning procedures were discussed. 
  3. Around 1236 at the blast test site, Komastu Excavator PC400LC was observed to be operating. No workers around the excavator were observed to be wearing hearing protection. One worker was observed wearing ear plugs, however, ear plugs were worn incorrectly. Worker was informed of the proper way of wearing ear plugs. Informed site supervisor to perform noise survey to determine the need for wearing hearing protection, review procedure on properly wearing ear plugs or ear muffs.
  4. Observed workers working in close proximity to heavy equipment where equipment noise appeared to be high. The SMJV PSSP in section 66.2 PERSONAL HEARING PROTECTION states “All individuals entering an area with noise levels above 85 dBA and below 95 dBA shall wear hearing protection." Require TMEP or SMJV to carry out a noise assessment around heavy equipment and if levels exceed 85 dBA or provincial exposure limit, implement a Hearing Protection Program.
  5. A drilling excavator was also observed to be in operation at the test blast site. This equipment was equipped with an onboard dust collector. However, when drilling was in progress, a large plume of rock dust (possibly respirable crystaline silica exposure) was observed blowing towards the test site. Further discussion with the site supervisor revealed that equipment had water suppression as in-built engineering control. However, water was not being used as water supply had not been set up. Informed site supervisor to set-up water supply and begin using water suppression to reduce airborne drilling dust. 
  6. Observed drilling and surveying workers in close proximity to rock dust without the use of respiratory protection. In one case a worker was wearing a COVID face mask and in another a worker was not clean shaven while wearing a half face respirator.
  7. Spoke with TM Safety Inspector and TM Blasting Inspector
  8. Were told that the type of detonators used are not triggered by electronic devices such as cell phones and smart watches
  9. Were told that all safe work permits are signed off by the Trans Mountain Construction Manager
  10. Were told that all blasting permits are pre-signed
  11. Were told that all vehicles are equipped with a fire suppression equipment based on the number of occupants in the vehicle rather than the number of vehicles
  12. Were told that blasting is only permitted to occur until 1 pm in the afternoon due the typical increase in ambient temperature after 1 pm.
  13. Were told that there is a 10m buffer for blasting in the area of Trans Mountain Line 1 and that a ground disturbance representative is on site during all blasting activities and were shown equipment that measures the vibration that occurs during the blasting.
  14. Observed ‘Danger Blasting Area’ signage in place on the access road as it turned onto the ROW in the safe zone more than 300m down from the blast zone. The signage also included the ‘Blasting Signals’
  15. SMJV foreman stated that a lift plan is in place for all blasting mat movement and that all personnel must be out of the line of fire when the mats are being moved.
  16. CER were told that a different crew member was responsible for the tailgate meeting each day in an effort to minimize repetition.
  17. The IAMC IM and WorkSafeBC inspector observed that the ‘tail chain’ used for lifting of the blasting mats had an identification tag that was not clearly legible. The CER were told by the IM and WorkSafeBC inspector that there was confusion on the weight capacity of the ‘tail chain’ because one worker stated the lift capacity was 140000lbs and another worker stated it was 14000lbs. The CER and IM discussed this matter with the TMEP representative the following day and were told that it was immediately being taken care of.

Compliance tool used: No compliance tool used

Observation 8 - Coating and Sand Blasting

Date & time of visit: 2021-06-10 11:34

Discipline: Safety Management

Categories:

Facility:

Observations:

  1. Arrived at KP 833+750 at 11:35 am PST
  2. Reviewed FLHA with coating supervisor. Inspected sandblasting occurring at this location. Observed incorrectly installed whip check. Supervisor corrected the whip check on the sandblasting hose. 
  3. Welding crew was dismantling a welding shack. One welder at this location reported not wearing any respiratory protection as the shack had an exhaust fan in place. Reviewed the hazards of welding fumes as the welder would still be exposed to welding fumes due to lack of local exhaust ventilation. 
  4. The welding shack is hooked to a truck that is equipped with a crane for relocation
  5. CER spoke with the TM coating inspector who outlined their roles and responsibilities.
  6. The coating crew were observed to be wearing the appropriate PPE
  7. The foreman told the CER that they had implemented a cell phone chat function with the workers so that everyone was able to communicate with each other more readily.
  8. When asked the workers were able to tell the CER where the SDSs were located for the products they were using
  9. Sand blasting operator explained their role. They stated that there was a deadman switch that was activated as soon as they let go of the wand
  10. The foreman walked the CER through the hazards of the electric curing equipment and its use.

Compliance tool used: No compliance tool used

Observation 9 - Steep Slopes and KP833+750 inspection

Date & time of visit: 2021-06-10 11:42

Discipline: Safety Management

Categories:

Facility:

Observations:

  1. Arrived at KP822+160 and reviewed FLHA with site foreman. Workers had been tasked with completing ditching work for the shift. The same crew reported working on steep slopes a week earlier at KP 821 +400 - Lanes's Creek. Foreman reported reviewing steep slopes documentation by all workers. Reviewed JSA package being utilized as daily safety topic of discussion. On June 10, Safe driving had been reviewed as the topic. Foreman showed documentation showing a signed off page by his crew for the daily discussion topic. 
  2.  Foreman showed spotter cards showing the equipment swing radius and listing other hazards being used by his crew. 
  3. Looked at the steep slope execution plan for Lane’s Creek KP 821+400.
  4. Were told that the crew had a specialized emergency response team designated to that crew when they are conducting steep slope activities
  5. Workers stated that Trans Mountain inspectors were consistently always around
  6. No ‘green hands’ on this crew
  7. Discussed ‘unsure is unsafe’ with the workers. Every person that the CER spoke with stated that they understood what ‘unsure is unsafe’ in addition to knowing their right to refuse unsafe work
  8. The CER spoke with the steep Slope excavator equipment operator who walked us through the hazards of their job, safety precautions in place, equipment inspection, and the team work required for steep slope work.

Compliance tool used: No compliance tool used

Observation 10 - General

Date & time of visit: 2021-06-10 15:00

Discipline: Safety Management

Categories:

Facility:

Observations:

  1. The CER conducted a Safety inspection of Spread 5A in partnership with IAMC Indigenous Monitors(IM), and WorkSafe BC Occupational Safety Officers. 
  2. CER IO’s spoke with contract workers at each location visited and were told that Trans Mountain craft inspectors are always on site and that they routinely see the other Trans Mountain personnel in the field.
  3. The CER were told that SMJV has adopted the ‘Unsure is Unsafe’. The CER asked workers at different locations across the spread who were able to speak to their understanding. The CER was told by Trans Mountain that this frame of mind enables workers to feel at ease and confident when they are unsure of something and that additional support will be provided. The CER were told that a few workers stated they were uncomfortable with assembling a trench box at KP 844+4 in March even though they had received the training. Trans Mountain safety inspector told the CER that another crew who had more experience assembled the trench box. The CER views this as a positive story that demonstrates workers indicated they are empowered and encouraged to speak up when they are unsure of a task rather than trying to push through.
  4. The CER consistently observed workers following COVID protocols even when driving in vehicles down the road.
  5. The CER observed open communication between the Trans Mountain and SMJV representatives escorting the CER, IAMC IMs, and the WorkSafeBC inspectors
  6. The CER consistently observed effective communication via had signals as part of traffic management along the ROW and between spotters and equipment operators.
  7. All equipment operators that the CER passed with its vehicles received positive acknowledgment and cessation of work by the equipment operator until the area was unobstructed and it was safe to resume.

Compliance tool used: No compliance tool used

Observation 11 - NNC#1 Contractor Oversight

Date & time of visit: 2021-06-10 15:00

Discipline: Management System

Categories:

Facility:

Observations:

The CER consistently observed and consistently heard that Trans Mountain inspectors are regularly present in the field and conducting inspections. The CER notes that while the Trans Mountain craft and safety inspection team is conducting inspections and verifying the safety of workers in the field there appears to be a focus on acute hazards rather than chronic hazards, in addition to safeguarding. Examples include:

Orders to address the deficiencies noted in the CER's observations have been issued to SMJV by WorkSafeBC. 

Compliance tool used: Notice of Non-compliance (NNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Trans Mountain shall develop a corrective action plan by 23 July 2021 to address the described deficiencies. The corrective actions shall be implemented across the Trans Mountain Expansion Project and not restricted to Spread 5A. The corrective action plan shall outline the dates for implementation across the project. The implementation of the corrective actions across the project will be verified during future CVAs.

Further, Trans Mountain has a requirement to ensure that its contractors are meeting their provincially legislated requirements, which includes all WorkSafeBC requirements. Trans Mountain shall ensure that all orders issued to SMJV by WorkSafeBC during this inspection are shared with and equally addressed by all of its contractors in British Columbia. Trans Mountain shall ensure that all observations, in particular but not limited to, the Muskuloskeletal Injuries (MSI) Prevention, Solar Radiation, Storage Containers, and Hearing Conservation issued to SMJV by WorkSafeBC during this inspection are shared with and equally addressed by all of its contractors in British Columbia. 

Similarly, Trans Mountain shall review the Alberta Occupational Health and Safety legislation with respect to the issues identified by WorkSafeBC and ensure that these issues are identified and addressed( where applicable in legislation) with all contractors in Alberta.  

Due date: 2021-07-23

Date closed: 2021-08-05
Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.

Reason closed: Requirement met

Compliance achieved: Yes

Observations (company follow-up required)

Identified non-compliances to company plans or procedures are non-compliances either to:

- the condition of an authorization document that requires the implementation of that plan or procedure; or

- the relevant section of the regulations that requires implementation of that plan or procedure including those sections that require implementation of plans or procedures as a part of a Program