Compliance Verification Activity Report: CV2021-214 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Activity #: CV2021-214
Start date: 2020-07-20
End date: 2020-07-24

Team:

Regulated company: Trans Mountain Pipeline ULC

Operating company: Kinder Morgan Canada Inc

Province(s) / Territory(s):

Discipline(s):

Related events:

Rationale and scope:

[Burnaby & Westridge Terminals - Construction Inspection; Assess compliance to project specific safety plans/construction safety manuals;Facility process hazard analysis and management of change related to terminal facilities; Contractor oversight; CLC requirements (if applicable); Condition 64 compliance]

Compliance tool(s) used:

Facility details

Facilities:

Regulatory requirements

Regulatory requirements that apply to this activity:

Additional Project-specific requirements or conditions:

[TMX2] [AO-005-OC-2] 64 [TMX2] [AO-005-OC-2] 73

Observations (no outstanding follow-up required)

Observation 1 - CER Condition 73 Traffic Control Plans for Public Roadways - Observations at Burnaby Terminal

Date & time of visit: 2020-07-23 10:40

Discipline: Safety Management

Categories:

Facility:

Observations:

Continuing oversight of CER Condition 73 Traffic Control Plans for Public Roadways; controls and management at Burnaby Terminal

Compliance tool used: No compliance tool used

Observation 2 - General observation of Burnaby Terminal

Date & time of visit: 2020-07-22 13:00

Discipline: Safety Management

Categories:

Facility:

Observations:

TEXT to be entered by Steve, rest of team to follow with entering of observations.

• CER inspectors observed the Burnaby Terminals perimeter fencing and it appeared to be well maintaineda and in good condition with proper signage, including company and emergency contact numbers and warning signs to deter intrusion.
• CER inspector observed that TransMountain had a designated worker to solely monitor that workers were adhering to Covid-19 measures implemented (i.e. 2m safe distancing) at the Burnaby terminal. This workers would walk through all areas of the terminal several times a day, monitoring workers and identifying any issues with safe distancing to a KLTP supervisor.
• CER Inspection Officer observed diesel grout machine wheels being chocked to prevent unwanted movement.
• CER Inspection Officer observed ABC portable fire extinguishers placed throughout the terminal that had both current monthly inspections and annual inspection tags on cylinders.
• CER inspectors observed vehicles being operated in a safe manner during Burnaby terminal inspection.
• CER inspectors observed Mobile Equipment to be in good condition and operator logbooks were onboard and found to be complete, with signed entries of pre-use checks.
• CER Inspection Officer observed several designated smoking areas, each area was roped off, equipped with an “ABC” fire extinguisher, cigarette butt dispenser, and administrative controls limiting the number of workers to (5).
• CER Inspection Officer observed that rebar that had been placed vertically for fencing and forms, that the top was capped by plastic mushroom caps to prevent a worker from a fall type injury to be impaled from the rebar.
• CER inspector was provided the KLTP Drilling Anchors Tailboard meeting, identifying hazards and supervisor explained how the hazards were being mitigated to a residual value. CER inspector verified that Tailboard sections were complete and workers in area had signed on to the form.
• CER inspector observed that workers performing the drilling of anchors and tying of rebar on the east wall were wearing either protective face masks or maintaining the 2m safe distance.
• CER inspector verified that work being performed in the North Area -201 that daily ground disturbance & KLTP hot work checklists were completed. Also that there was a valid Safe Work Permit issued for the work activity.
 

Compliance tool used: No compliance tool used

Observation 3 - General observation of Burnaby Terminal (2) - Covid-19 Preventative and Protective Measures

Date & time of visit: 2020-07-23 08:30

Discipline: Safety Management

Categories:

Facility:

Observations:

Regarding Covid-19 Preventative and Protective Measures - July 23, 2020; Burnaby Mountain Terminal (BMT)

Compliance tool used: No compliance tool used

Observation 4 - General observation of WestRidge Marine Terminal

Date & time of visit: 2020-07-23 16:00

Discipline: Safety Management

Categories:

Facility:

Observations:

TEXT to be entered by Steve, with rest of team to follow on entering of observations.


• Perimeter fencing appeared to be maintained in good condition with proper signage, including company and emergency contact numbers and warning signs to deter intrusion.
• CER Inspection Officer observed JLG mobile equipment lift that was parked, wheel chocks in place, secondary containment tray under engine, ABC fire extinguisher with valid monthly and annual inspection tags, and spill kit attached to side of equipment.
• CER Inspection Officer checked WMT 024 scaffolding and emergency pipe scaffolding and found green inspection tags in place, scaffolding inspected by a qualified person and the dates on tags were valid.
• CER Inspection Officer checked temporary steps that had been erected at terminal and found that inspection tags had been placed at stair access points, steps were inspected by a qualified person and the dates on tags were valid.
• CER Inspection Officer observed that rebar that had been placed vertically for fencing and forms, that the top was capped by plastic mushroom caps to prevent a worker from a fall type injury to be impaled from the rebar.
• CER Inspection Officer observed ABC portable fire extinguishers placed throughout the terminal that had both current monthly inspections and annual inspection tags on cylinders.
• CER inspectors observed vehicles being operated in a safe manner during WestRidge Marine terminal inspection.
• CER Inspection Officer observed several designated smoking areas, each area was roped off, equipped with an “ABC” fire extinguisher, cigarette butt dispenser, and administrative controls limiting the number of workers to (5).


 

Compliance tool used: No compliance tool used

Observation 5 - General Observations Westridge Marine Terminal (2) - Covid-19 Preventative and Protective Measures

Date & time of visit: 2020-07-22 09:00

Discipline: Safety Management

Categories:

Facility:

Observations:

Regarding Covid-19 Preventative and Protective Measures - July 22, 2020; WMT

Compliance tool used: No compliance tool used

Observation 6 - CNC 1 North Area, Pedestrian Pathway -BurnabyTerminal

Date & time of visit: 2020-07-22 12:50

Discipline: Safety Management

Categories:

Facility:

Observations:

CER Inspection Officer examined through inquiry with TransMountain representative that the danger control zone was not marked with continuous "red" ribbon/rope and administrative "danger" signage on all sides around the excavation area. 

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Company shall establish a danger control zone with red flagging or rope around the entire excavation area that the pedestrian pathway accesses, and administrative control signage, identifying authorized access only to be placed on all sides of the control zone.

Due date: 2020-07-22

Date closed: 2020-07-22
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

There are no observations with outstanding follow-up

Observation 7 - CNC 3 Flammable Cabinet, WestRidge Marine Terminal

Date & time of visit: 2020-07-23 12:15

Discipline: Safety Management

Categories:

Facility:

Observations:

CER Inspection Officer observed hazardous product stored in flammable cabinet with no controlled  product "SDS" sheet readily available for worker.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Company shall post SDS sheets in a readily accessible area to the Flammable Cabinet containing controlled products.

Due date: 2020-07-23

Date closed: 2020-07-31
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 8 - CNC 4 Grounding of portable generator

Date & time of visit: 2020-07-23 11:00

Discipline: Safety Management

Categories:

Facility:

Observations:

CER inspector observed a portable generator operating without a secure earth ground.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Company must secure grounding wire to the generator frame.

Due date: 2020-07-23

Date closed: 2020-07-23
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 9 - CNC 5 Westridge - Segregation of Hazardous and Non-Hazardous Waste

Date & time of visit: 2020-07-22 13:15

Discipline: Safety Management

Categories:

Facility:

Observations:

A large standard waste bin dumpster with a plastic lid, was observed to contain a mix of general oil field hazardous waste (oily soaker pads and oily rags), recyclables (empty plastic water bottles) and potentially flammable non-hazardous waste (cardboard and wood). This situation creates a potential fire concern and does not comply with the referenced TMEP Waste Management Plan.

TMEP personnel immediately addressed the observation and had the hazardous waste removed with the the recyclables, which were then disposed into the correct waste bins.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Segregrate hazardous waste from general waste and recycling, and dispose in the correct bins or containers.

Due date: 2020-07-24

Date closed: 2021-01-18
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

There are no observations with outstanding follow-up

Observation 10 - CNC 7 Workers together within 2 meters without the required face mask protection

Date & time of visit: 2020-07-23 12:00

Discipline: Safety Management

Categories:

Facility:

Observations:

A worker was observed to be standing on the stepside of a dumptruck speaking to the driver of the dump truck, in close proximity within 2m, neither were wearing protective masks as per TMEP policy. The CER Inspector mentioned this observation to the accompanying TMEP representative who immediately intervened and corrected the behavior.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Reinforce social distancing measures as per the Trans Mountain Covid-19 Reponse Plan and general public health guidelines.

Due date: 2020-07-23

Date closed: 2021-01-18
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 11 - IM Observation #1

Date & time of visit: 2020-07-23 13:30

Discipline: Safety Management

Categories:

Facility:

Observations:

Categories:

Facility: Burnaby Mountain Terminal
Observations:

Compliance tool used: No compliance tool used

Observation 12 - NNC 1 - Site Access Temperature Screening

Date & time of visit: 2020-07-23 09:00

Discipline: Safety Management

Categories:

Facility:

Observations:

As per the Trans Mountain Site Access Temperature Screening Protocol (Screening Protocol), CER Inspection Officers temperatures were measured at least once daily. Several observations were made which indicate ineffective implementation of the Screening Protocol and inadequate oversight of the contractor(s) hired to perform the screening.

  1. Temperature testing devices being used by Temperature Testing Monitors have declared 'margin of error' from the manufacturer, yet worker temperatures being recorded did not account for the margin of error. This means a person may not trigger an action level because the margin of error puts their reading into 'the safe zone'. The +/- margin of error per device should be considered in the temperature recording process.  
    1. CER Inspector has observed a variety of temperature testing devices being used at various Trans Mountain locations, and that they have different margins of error and accuracy depending on their manufacturer.
  2. When the CER inspector asked the Temperature Testing Monitor on July 22, what was the 'margin of error' of the device, the Monitor did not know.
    1. When the CER Inspector requested to review the Operating Manual for the temperature testing device on July 22, it was not readily available; it was however available for review the next day.
  3. CER Inspector asked the Temperature Testing Monitor, what was the designated temperature for passing the low temperature test, and was told 35.5 or above, this contradicts the TMEP designated temperature of 36.1°C
    1. On July 22 & 23 CER Inspectors observed the contracted temperature screening company is not using the same temperature values in line with the TMEP temperature screening protocol - with regard to low temperature readings
  4. The Appendix D, Site Access Temperature Screening Protocol, as contained within the July 3, 2020 Version 3.0 Report on Trans Mountain’s COVID-19 Preparedness and Planning; section 3.0 Temperature Screening states "The Temperature Monitor will be wearing the appropriate PPE; including a N95 respirator mask or equivalent, nitrile gloves, and a safety goggles or face shield. It is recommended that the Temperature Monitor wear a disposable water-resistant long-sleeve coverall or gown."
    1. CER Inspectors observed on both dates of July 22 & 23, Temperature Testing Monitors were not wearing N95 masks as prescribed in section 3.0 of the Appendix D, of the July 3 V.3 document.

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

Regulatory requirement:

Relevant section(s):

Company action required:

Establish and implement a plan to restore and monitor the effectiveness of the Site Access Temperature Screening Program that includes the following elements:

  1. Ensuring the thermometer used for temperature screening can reliably identify elevated temperatures in the testing environment (indoor or outdoor), inclusive to margin of error and accuracy limitations; noting such things as low temperature limits as well.
  2. The provision of training to all persons engaged in temperature screening including:
    1. training on relevant TMEP processes or procedures,
    2. training on the manufacturer's procedures and limitations for the thermometer being used,
    3. interpretation of the measurements produced by the thermometer.
  3. A mechanism of the TMEP temperature testing process and or contractor oversight that ensures and demonstrates:
    1. quality control and assurance for all persons tasked with temperature screening
      1. The correct use of temperature testing devices according to the manufactures instructions,
    2. The Temperature Monitor understands and correctly applies the site access temperature screening procedures established by Trans Mountain,
    3. the temperature testing process is accurate, reliable and repeatable across the variety of TMEP sites
  4. Assurance that documentation pertinent to Covid-19 preventative and protective measures is consistently maintained and current across TMEP job sites
  5. Contracted companies and their subcontractors are prevented from performing site access temperature screening that doesn't meet the requirements of the Trans Mountain Site Access Temperature Screening Protocol.

Due date: 2020-09-25

Date closed: 2020-11-23
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 13 - IM Observation #2

Date & time of visit: 2020-07-23 13:30

Discipline: Safety Management

Categories:

Facility:

Observations:

Pre-Inspection:
-07/15/2020 Invite received
- 07/16/2020 Confirmation of IM participation
- 07/21/2020 C.E.R Inspection Officers (I.O) IAMC monitors (I.M) Introduction. (e-mail)
- 07/17-21/2020 Trans Mountain (TM) document related to their Covid-19 safety plan. As well as existing BC Ministry of Health, Public Health Order applicable to Industrial Camps and Covid-19. Also, possible TM safe operating procedures and guidelines.
 
Inspection:
07/22/2020

Compliance tool used: No compliance tool used

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

Observation 14 - Information caviardée conformément au paragraphe 144(5) du Code canadien du travail

This information has been redacted pursuant to Section 144(5) of the Canada Labour Code

Observation 15 - Information caviardée conformément au paragraphe 144(5) du Code canadien du travail

This information has been redacted pursuant to Section 144(5) of the Canada Labour Code