Compliance Verification Activity Report: CV2223-088 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 2773
• Inspector 2935

Regulated company: Trans Mountain Pipeline ULC

Operating company: Kinder Morgan Canada Inc

Province(s) / Territory(s):

• British Columbia

Discipline(s):

• Safety Management

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 of infection prevention protocols; company oversight of contractors - training & competence, monitoring, supervision and accountability; assess execution of work per applicable procedures and documented work practices. Verify/assess implementation of noise and traffic management plans - Conditions 73.
 

Compliance tool(s) used:

• Corrected Non-compliance (CNC) (2)
• Notice of Non-compliance (NNC) (1)

Facility details

Facilities:

Facility Types

• Pipeline
• Pipeline
• Pipeline right of way (ROW)

Regulatory requirements

Regulatory requirements that apply to this activity:

• Canada Labour Code (CLC)
• Canada Labour Code (CLC)
• Canada Occupational Health and Safety Regulations (COHSR) 2021-07-01
• Canadian Energy Regulator Act (CERA)
• Canadian Energy Regulator Act (CERA)
• Onshore Pipeline Regulations (OPR) 2020-03-16
• Plans And Procedures
• Project-specific Contractor/Project Safety Plan (CSP)
• Work Safe BC, OHS Regulation- Part 16.9, Unattended Mobile Equipment
• Project-specific plan or procedure
• Trans Mountain Expansion Project, Project Specific Safety Plan (PSSP) Spread 5A, TMEP Document # 01-13283-S5A-0000-HS-PLN-0001 R7
• Project-specific plan or procedure
• Trans Mountain Expansion Project, Jacko Lake Crossing Micro Tunnel, Project Specific Safety Plan (PSSP) Spread 5A, TMEP Document # 01-13283-S5A-M002-HS-PLN-0193

Information Request

IR from CER (Information Request sent from CER to company)
NNC -1 Corrective Action Question

Legislative Requirement : Canadian Energy Regulator Act (CERA)

Sections of the Act

Theme and Categories

Due Date : 2022-09-02

Review Response
Acceptable

Follow-up Action
None

Observations (no outstanding follow-up required)

Observation 1 - General Observation

Date & time of visit: 2022-06-29 18:15

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Industrial Sanitation and Personnel Facilities
• Occupational Medical Surveillance
• Electrical Safety
• Fire Protection
• Flammable and Combustible Liquids
• Limits of Exposure
• Training and Competency
• Training, Competency and Qualification
• Workplace Practices
• Working at Heights
• Confined Space
• Ground Disturbance Activities
• House Keeping
• Procedures/Work Instructions
• Traffic Control
• Access to hazardous areas
• Shelving and General Storage
• Workplace Harassment and Violence
• Leadership and Supervision
• Contractor Management & Oversight
• Supervision, Inspection and Monitoring
• Hazard Management
• Management of Hazardous Materials & Substances
• Management of Hazardous Energy
• Equipment, Tools, Machinery
• Safety Critical Equipment Identification, Inspection, Testing and Maintenance
• Use, Operation, Repair and Maintenance of Mechanical & Critical Lifting Equipment
• General
• Signage

Facility:

Observations:

• Parking area for Kamloops project construction trailers were contained within perimeter fencing, as well the area was graded with aggregate applied. 
• CER Inspectors observed that Security Patrols were recording and controlling access to the Kamloops, TMEP Construction yard.
• Work sites on Spread 5A were inspected, which focused on the regulated company requirements to effect adequate oversight of contracted work activities.
• TMEP oversight inspectors were observed interfacing with contract workers and site supervisors in a meaningful and engaged way.  The interactions were focused on TMEP safe work procedure implementation such as document review of FLHA and equipment pre-operational checklists and to verify the scopes of work.   
• CER Inspectors were provided a Field Level Risk Assessment (FLRA) prior to accessing construction workplace (CWP), activities being performed at the work site was delivered by the Trans Mountain contractor foreman.
• CER Inspectors at KP 987 + 100 reviewed Ground Disturbance Permit #75920 and Daily Toolbox, this documentation appeared to be completed correctly.
• CER Inspectors observed workers wearing required PPE for work being performed, such as safety glasses, hard hats with side protection, CSA safety footwear, and protective gloves.
• Inspection Officers observed that Overhead power lines were identified by marker clearance banners identifying both safe clearance and signage to identify power KV line voltage.
• Document review during field visits included:
  • field level hazard assessments        
  • emergency response plan
  • heavy equipment operator competency records
  • daily toolbox talks
  • safety data sheets (SDS) for Liquid Mud Thinner
• CER Inspectors met with the TMEP Traffic Inspector and Supervisor for Spread 5A, Inspection Officers and reviewed the Traffic Control Plan for Inks Lake, KP853.5, plans appeared to be complete. I.O.’s observed that AFAD’s (automated flagger assistance devices) that were observed appeared to be functioning as per engineered design and during this inspection that TMEP was following conditions as stated in Project Condition 73. 
  • CER IO notes that (Surerus Murphy) SMJV has developed an AFAD Inspection Checklist, and that AFAD Inspections had been completed by the AFAD user. 
• CER Inspectors observed that excavators had both rear and side mount (Brigade  type) cameras mounted on the equipment.

Compliance tool used: No compliance tool used

Observation 2 - Canada Labour Code

Date & time of visit: 2022-06-28 06:50

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Industrial Sanitation and Personnel Facilities
• Flammable and Combustible Liquids
• Workplace Practices
• Duties and Responsibilities
• Access to hazardous areas
• Workplace Harassment and Violence
• Contractor Management & Oversight
• Supervision, Inspection and Monitoring

Facility:

Observations:

ODH confirmed with TMEP Safety Lead that that TMEP - Spread 5A has had zero COVID cases for the month of June 2022.
Official Delegate of the Head of Compliance and Enforcement (ODH) provided an overview of the Canada Labour Code (CLC) Part II and explained ODH authorities and CLC tools available to enforce compliance (i.e. Assurance of Voluntary Compliance, Issuing of Directions and Stop Work/Danger Notice).
ODH discussed Mental Fatigue at opening meeting with TMEP attendees, and that with the Hot Weather being forecasted prior to the July long-weekend for TMEP management to be aware of and to take appropriate action such as frequent short breaks and to have water readily available so the workers do not become dehydrated, and to control/mitigate issues that may arise for the field workers.
WorkPlace Violence and Harassment Regulations came into effect January 1, 2022 requiring employers that they "must have" a WorkPlace Violence and Harassment Program in place and working for all workers to be able to access. ODH provided Clearview Connects, Secure and Anonymous Reporting number to submit a report.


 

Compliance tool used: No compliance tool used

Observation 3 - CNC - 1 Unattended Mobile Equipment

Date & time of visit: 2022-06-29 09:00

Discipline: Safety Management

Categories:

• Equipment, Tools, Machinery
• Motor Vehicles and Mobile Equipment

Facility:

Observations:

CER Inspection Officers observed three (3) Rock Trucks parked downwards on a slopped terrain without the tires being chocked. Worksafe BC, OHS regulations, 16.9 Unattended mobile equipment, (1) An operator of mobile equipment must not leave the controls unattended unless the mobile equipment has been secured against inadvertent movement by
(a) engaging at least 2 effective braking or parking systems or devices
(iii) chocks for the wheels

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

• Onshore Pipeline Regulations (OPR) 2020-03-16

Relevant section(s):

• • 6.5
    • (1) A company shall, as part of its management system and the programs referred to in section 55,
      • (f) establish and implement a process for developing and implementing controls to prevent, manage and mitigate the identified hazards, potential hazards and risks and for communicating those controls to anyone who is exposed to the risks;

Company action required:

Company shall chock front tires of the (3) rock trucks parked downwards on the sloped terrain.

Due date: 2022-06-29

Date closed: 2022-06-29
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 4 - NNC -1 - Lifting, Hoisting, Rigging and "below the hook" devices

Date & time of visit: 2022-06-29 12:00

Discipline: Safety Management

Categories:

• Equipment, Tools, Machinery
• Use, Operation, Repair and Maintenance of Mechanical & Critical Lifting Equipment

Facility:

Observations:

NNC - 1 - Materials Baskets - HDD Site kp987 +100m

CER Inspection Officer (IO) observed multiple non-compliances with regard to lifting and hoisting equipment, rigging, and below the hook devices; 

• CER IO observed several Material Baskets in use that did not display a 'safe working load (SWL)' or 'working load limit (WLL)' for the baskets, or an engineer certification guaranteeing initial safe design and construction of the material basket(s), or that identified the units bare weight for calculating load weight prior to lifting. 
• CER IO observed Material Baskets to have 'open hook' rigging attached to the baskets, without safety latches on the hooks
• CER IO observed a structural monorail in use as an overhead crane support beam, that did not display the safe working load limit for the beam structure 
• CER IO observed several nylon lifting slings that were near or at pre-use inspection failure criteria; including slings with face cuts, tears and staining from oil or other products. Slings were also observed connected to equipment that was not in use, while outdoors and exposed to the elements. A sling was observed to have an open hook, and was attached at the time in use for lifting a material basket. 

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

Regulatory requirement:

• Onshore Pipeline Regulations (OPR) 2020-03-16

Relevant section(s):

• • 6.5
    • (1) A company shall, as part of its management system and the programs referred to in section 55,
      • (g) establish and implement a process for identifying, and monitoring compliance with, all legal requirements that are applicable to the company in matters of safety, security and protection of the environment;

Company action required:

Trans Mountain Expansion Project is to assure a targeted inspection of Direct Horizontal Drilling work locations in completed, specific to and inclusive of lifting practices, lift plans, hoisting, rigging and below the hook devices. Additionally noting:

• Identification of welder fabricated below the hook devices, such as material baskets and material cradles, that may be home made and without Engineer Certification
• Identification of slings with opens hooks, that may be in use in contradiction to WorkSafe BC OHS Regulation Part 15
• Identification of nylon slings, or other rigging such as wire rope, nearing or indicating potential failure criteria, and assuring workers and Riggers using these slings are aware of and completing pre-use inspections
• Identification of structural beams being used as anchor points or mounting rails for hand powered hoisting devices, and assure capacity ratings are available and identifiable on such beams  

Due date: 2022-08-26

Date closed: 2022-09-12
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 5 - CNC - 2 - Working at Height and Self-Retracting Lifeline

Date & time of visit: 2022-06-28 10:00

Discipline: Safety Management

Categories:

• Workplace Practices
• Working at Heights
• Equipment, Tools, Machinery
• Safety Critical Equipment Identification, Inspection, Testing and Maintenance

Facility:

Observations:

CNC - 2 - Self-Retracting Lifeline (SRL) 

• CER IO observed two SRL in use as part of a suspended personnel basket arrangement, without a record of the initial in-service date, or subsequent records of inspection for the self-retracting lifelines. 
• CER IO notes an additional site was inspected that also had SRLs in use, and that those SRL's had accompanying records of inspection. 
• CER IO notes under the filed document, Trans Mountain Expansion Project, Jacko Lake Crossing Micro Tunnel, Project Specific Safety Plan (PSSP) Spread 5A, TMEP Document # 01-13283-S5A-M002-HS-PLN-0193, Bothar explicitly states hazard control measures to be completed prior to working at height in man-baskets include:
  • "Bothar, 21026 Jacko Lake Micro Tunnel (MT) Job Hazard Assessment,
    #13. Use of Man-Basket - Control Measures:
    • Crane driver should be aware about the hazard involved in the task and he should operate the crane carefully.
    • Certified man basket and crane shall be used.
    • No overloading of basket.
    • Lifting plan must be implemented.
    • Wear safety harness and 100% tie off.
    • Workers should keep all body parts inside the man basket while lifting operation in progress.
    • Visual inspection shall be conducted prior to each lift.
    • Tag lines should be attached where it is possible.
    • Alert people while lifting and lowering the man basket.
    • Safety instruction for man basket users shall be displayed at work site.
    • Work at height and confined space training for all man lift users.
    • No lift during high wind condition.
    • Adequate illumination shall be in place."
     

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

• Onshore Pipeline Regulations (OPR) 2020-03-16

Relevant section(s):

• • 18
    • (1) If a company contracts for the provision of services in respect of the construction of a pipeline, the company shall
      • (c) take all reasonable steps to ensure that construction activities are conducted in accordance with the manual developed under section 20; and

Company action required:

1. Remove from the work site, any self-retracting lifelines that are not accompanied by a record of the initial In-Service dates, and any accompanying and required re-certification Inspection records
2. Inspect all Bothar work locations where personnel man-baskets are in use, and complete a targeted inspection of the Control Measures for Man-Basket Use, as identified in the Bothar PSSP. 

Due date: 2022-07-01

Date closed: 2022-07-01
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: