Compliance Verification Activity Report: CV2021-223 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector
• Inspector 2808

Regulated company: Trans Mountain Pipeline ULC

Operating company: Trans Mountain Pipeline ULC

Province(s) / Territory(s):

• Alberta
• British Columbia

Discipline(s):

• Safety Management
• Indigenous Monitoring

Related events:

• CV1920-172
• CV2021-403

Rationale and scope:

Reactivation section - O&M Activities on TMPU Mainline. Assess field implementation of construction safety manual and project specific safety plans for ongoing construction activities including identification of potential hazards and controls via hazard assessments; Assess company implementation COVID-19 safety protocols; Assess company oversight of contractors - monitoring, supervision and accountability; Assess execution of work per applicable procedures and documented work practices..

Compliance tool(s) used:

• Information Request (IR) (1)

Facility details

Facilities:

Facility Types

• Pipeline
• Pipeline

Life-cycle Phases

• Construction

Regulatory requirements

Regulatory requirements that apply to this activity:

• Canada Labour Code (CLC)
• Canada Labour Code (CLC)
• Canadian Energy Regulator Act (CERA)
• Canadian Energy Regulator Act (CERA)
• National Energy Board Act (NEBA)
• Onshore Pipeline Regulations (OPR)
• Plans And Procedures
• Project-specific plan or procedure
• TMEP Health and Safety Management Plan, document #01-13283-GG-0000-HS-PLN-0001 R4
• Project-specific plan or procedure
• TMEP Reactivation Project - Project Specific Safety Plan, document #01-13283-RA-M001-HS-PLN-0001 R7
• Standards
• CSA Z662-19 - Oil and Gas Pipeline Systems

Observations (no outstanding follow-up required)

Observation 1 - General Observation

Date & time of visit: 2020-11-05 12:00

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Safeguarding
• Personal Protective Equipment
• Fire Protection
• Labels and Documentation
• Hazard Assessment
• Materials Handling
• Mobile Cranes and Hoisting Equipment
• Permanent Structures
• Docks, Loading Ramps
• Housekeeping
• Signage
• Training and Competency
• Training, Competency and Qualification
• Temporary Structures
• Signage

Facility:

Observations:

• CER inspectors (CER), Indigenous Monitors (IM), and company staff participated in visitor safety orientation.
• Overall reactivation has about 150 workers on site at the time of the inspection.
• CER rental vehicle was cleaned and documented by TM as part of their biosecurity plan.
• All sites visited were free of garbage and debris. Good housekeeping apparent.
• Extensive use of rig mats on traveled surfaces.
• Site and travel areas were marked.
• Overhead powerline crossings were well marked with signage that included the voltage and safe approach distance for the goal posts.
• TM staff and contractors were forthcoming in their willingness to converse with inspection staff.
• TM project manager joined morning meeting on Tuesday Nov 3rd demonstrating engaged leadership.
• CER Inspectors were advised that 2 safety stand downs had occurred within the last week
• Inspection team was advised to expect congested work sites.
• The Trans Mountain Health and Safety Management Plan, rev. 4 requires TMEP Field Safety Inspectors to perform a weekly focus inspection on the contractor's health and safety program. CER Inspectors requested evidence that this requirement was met for Aug-Oct 2020. Company provided copies of 23 focus inspections completed on the reactivation project during this timeframe.
• CER verified the existence of a Avalanche Safety Program (revised 6 Oct 2020) required by section 5.1 of the Project Specific Safety Plan, v. 7.
  • CER reviewed records of an avalanche assessment performed on 28 Oct 2020 by a specialized third party contractor. The assessment included field observations of the current snow pack and concluded the snow pack was not deep enough to pose a risk to workers. 
• Above ground fuel storage tanks in the main construction yard (yard) containing diesel and gasoline were fitted with TDG placards and no-smoking signs; fire extinguishers were available near each tank.
• The safety trailer had a first aid kit, fire extinguishers, and automated external defibrillator (AED).
• Oxygen and acetylene compressed gas cylinders in the yard were segregated and stored upright with safety caps in place. Full and empty cylinders were also stored separately.
• Propane cylinders had dedicated outdoor storage area within the yard.
• A dedicated 'mud mixing zone' was marked within the yard. IO requested a copy of the SDS for bentonite which is the primary component used to make the mud plugs. A copy of the SDS was readily available.

Compliance tool used: No compliance tool used

Observation 2 - Observation: Covid 19 Preparedness

Date & time of visit: 2020-11-05 12:00

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Safeguarding
• Personal Protective Equipment
• Hazard Assessment
• Training and Competency
• Training, Competency and Qualification

Facility:

Observations:

• Prior to opening meeting inspection team was escorted to screening trailer where tympanic temperatures were taken.
• Health self-assessment was offered via QR code, eliminating the transfer/custody of physical paper
• CER inspectors were advised that everyone that enters any site on reactivation has temperature screening prior to arrival but only have to update declaration when new versions emerge or symptoms develop.
• CER Inspectors were advised that the temperature screening service is contracted by SLLP (Barrow safety).
• CER inspectors observed strong adherence to physical distancing and the use of masks
• CER inspectors observed documented checklists demonstrating the office trailers and common indoor spaces were cleaned at 2-hr intervals.
• TMEP Covid-19 Response Plan was observed posted in a conspicuous location in the safety trailer.

Compliance tool used: No compliance tool used

Observation 3 - Observation - Daily Inspection Report Workshop Participation

Date & time of visit: 2020-11-05 12:00

Discipline: Safety Management

Categories:

• Training and Competency
• Training, Competency and Qualification

Facility:

Observations:

• CER Inspector questioned if the TM inspector on site had attended recent workshops regarding the quality and consistency of Daily Inspection Reports. All inspectors questioned had attended the workshop.
• When questioned about the value of the workshops the inspector echoed the findings provided by TM in a separate but related activity.
• Inspectors described the various levels of inspection within the organization and recognized areas for improvement including:
  • The requirement for clear expectations
  • Improvments in tools and technology
  • Consistancy across the project

Compliance tool used: No compliance tool used

Observation 4 - Observation - Traditional Land Use Site

Date & time of visit: 2020-11-04 12:00

Discipline: Indigenous Monitoring

Categories:

• General
• General

Facility:

Observations:

CER Inspector and both Indigenous Monitors travelled to dig 26 to observe a tradtional land use site. IM's appeared to be satisfied with the site observed.

Compliance tool used: No compliance tool used

Observation 5 - Observation - Ramp Building at West Fraser 7

Date & time of visit: 2020-11-03 01:45

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Safeguarding
• Personal Protective Equipment
• Labels and Documentation
• Hazard Assessment
• Materials Handling
• Conveying Equipment
• Haulage and Off-Road Equipment
• Training and Competency
• Training, Competency and Qualification
• Permanent Structures
• Signage
• Temporary Structures
• Signage

Facility:

Observations:

• A site specific orientation was delivered by company representatives before accessing the work site.
• Inspection team observed a very neat and well-kept site with high but managed congestion.
• Excavator and crew were operating on steep slope (15°-21°), leveling gravel that was arriving via gravel truck.
• When asked by CER IOs, the excavator operator was able to show evidence of the following:
  • excavator log book and daily checklist
  • copies of training tickets (PST and ground disturbance level II)
  • evidence of steep slope awareness training
• Upon interview, workers appeared knowledgeable of the emergency response plan (ERP) including the correct radio channel for contacting the medic. 
• IOs observed that access to the work area required crossing a bridge. The maximum weight allowance for the bridge was marked 45t. Upon interview, a gravel truck (18.5t) operator demonstrated knowledge of the weight limits on the bridge.
• Power lines were marked with goal posts and signage. An air horn was observed next to the signage. 
• A code 1 steep slope plan (in conformance with HSMP v.4 & PSSP v.7) was available on site but the required signage was not yet in place. The signage arrived the following day.
• General inspector on-site advised that steep slope inspector would ensure that all equipment was fit for purpose and that crews were competent.

Compliance tool used: No compliance tool used

Observation 6 - Observation - Verification of Corrective Actions Associated with TM Incident 414

Date & time of visit: 2020-11-05 10:30

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Safeguarding
• Hazard Assessment
• Temporary Structures
• Temporary Stairs, Ramps and Platforms

Facility:

Observations:

• Documents reviewed included the SLLP Cribbing or Skid Pile Building Safe Work Practice.
• CER inspector verified the issuance of a Non-Conformance Report that was generated as a corrective action after a near miss occurred when a 24 inch pipe rolled on a skid pile (INC 414).
• CER inspector travelled to Yellowhead Valve Station to verify that skid piles where Incident 414 occurred were re-built as per the SLLP Cribbing or Skid Pile Building Safe Work Practice.
• CER Inspector Observed several examples of skid piling built as per the SLLP safe work practice

Compliance tool used: No compliance tool used

Observation 7 - Observation - Dig 55 Kp 455.297

Date & time of visit: 2020-11-04 11:00

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Personal Protective Equipment
• Fire Protection
• Limits of Exposure
• Hazard Assessment
• Materials Handling
• Ropes, Chains and Slings
• Training and Competency
• Training, Competency and Qualification

Facility:

Observations:

• A documented traffic safety plan sets out the expectations for safe entry/exit from this site. Flaggers are used if traffic needs to be stopped on highway 16.
• A site specific orientation, toolbox talk, FLHA, and emergency response plan (ERP) was provided by company representatives before accessing the work site.
  • IO asked a worker to demonstrate the medic could be contacted via radio (work site was outside of cell phone coverage). The medic responded immediately to the workers request for a ‘communication check’.
• A trench box was observed near the entrance to the site that had been flagged off and tagged ‘DO NOT USE’, evidencing compliance with Trans Mountain's 28 Oct 2020 directive to all contractors to stop using trench boxes (see CVA2021-495).
• IO observed the following with respect to the excavation:
  • a documented excavation checklist was available and appeared complete;
  • the excavation slope appeared (visually) to be 1:1 (45º);
  • IO noted a ~60cm unsupported vertical lower portion on the north-west side of the excavation;
  • a fire watch was positioned outside of the excavation and continuously observed work while workers were present;
  • fire extinguishers were positioned at entry/exit points;
  • four ladders provided multiple means of egress.
• IO observed a piece of 24’’ pipe being removed from the excavation:
  • workers remained clear of the suspended load;
  • a choker hitch (sling s/n 476218, capacity 11,200lbs) was used to rig the pipe to a hook on the excavator;
  • a safety latch was observed on the hook;
• IO observed workers using a calibrated benzene monitor and Honeywell BW Ultra five-gas detector for the purpose of sampling the atmosphere in the pipe prior to cutting, and continuous monitoring of the atmosphere inside the excavation.
• Workers inside the excavation were observed wearing half-face respirators with organic vapor/P100 cartridges. IO requested fit test records for these workers which were provided by the company on 5 Nov 2020.
• IO also observed workers in the excavation wearing personal 4-head gas monitors on their torso.
• When asked, the excavator operator was able to show evidence of ground disturbance level II training and a documented competency evaluation. The project specific safety plan (PSSP) requires a competency evaluation for all heavy equipment operators that includes a declaration of work experience.
• The pipe had been cold cut with a pneumatic saw prior to the IO’s arrival. Connections had whip checks and Chicago fittings in accordance with the project hazard assessment.
• A copy of the manufacturer’s manual for the pneumatic saw was available at the work site.

Compliance tool used: No compliance tool used

Observation 8 - Observation - Ermineskin Cree Nation

Date & time of visit: 2020-11-05 12:00

Discipline: Indigenous Monitoring

Categories:

• General
• General

Facility:

Observations:

Canadian Energy Regulator
IAMC-TMX 
Jasper Reactivation
November 03-05-2020
Unannounced Safety Inspection
Indigenous Monitor
Overall Observations
 
November 03-05-2020
 
Met the crew at Marmot Lodge to discuss the scope of the inspection and talk about active work areas towards Mount Robson.

• Touched base on trench boxes, that they been flagged and not in use
• Mob to Jasper Reactivation Transfer Stationary yard with the CER IO's and IAMC monitors unannounced safety inspection, Ledcor workers and TMX workers were all wearing masks and practicing physical distancing.
• CER staff and monitors were asked to show a completed TMX-COVID 19 self-declaration screening form before entering the yard by the TMX-COVID-19 Response Plan
• Temperature screenings were done not only for us but every worker in the morning andgreat practice measures to stop the spread of COVID-19 went over visit site orientation
• introduction between the CER-IAMC-TMX
• Limited footprint here in jasper as TMX says.
• Cold cutting, ramps, dig sites, access roads, topsoil stripping, two stand-downs took place two days ago, another on the 29th both response to the fatal accident that occurred on spread 1

• Signed on FLHAS and talk to foremen
• No cell service so 2-way radios are in place for each site, workers, stationary medics
• Open cut isolation will be completed in the new year
• The matted surface slippery when wet
• Loads of gravel being hauled in and gravel trucks continuing leaving the area, trucks were chained and proper spotters in place
• Observed excavator building access road up a steep slope
• Steep Slope Plan in place
• No sign of step slope identification in visual approach
• Talked to workers to clarified tickets on working on steep slopes and machinery equipment
• Next day step slope sign was in place and in visual approach
   
  November 04-05-2020
   
  Jasper Reactivation Yard
• Observe daily worksheets/ TLU sites within Jasper National Park
• Touch-based with TMX IM's about a few sites and new listed TLU's if any
  obtain TLU sites within Jasper,
• The crew split up during the inspection due to limited access to dig 55. so 2 IM's and one of the CER IO's went to dig 26 TLU
   
  Stop 1# Dig 26 Kp382 TLU site
• Observed the dig site vegetation and seeding are in place and growing back
• Observed TLU site no sign of damage or sign of entry
   
  Mob back to Jasper Transfer station yard to discuss two positive covid 19 cases from ledcor workers who both are in isolation and the tracing team were in place and TMX has doctors to do daily check-ups on the two workers.
• Weekly safety meetings every Tuesdays
• Covid 19 plan in place due to the crew members who tested positive/both in isolation on the 28th of October.
   
  November 05-05-2020
   
  Jasper Reactivation Yard
• Due to bad weather coming in most of the workers left work early to travel home
• Due to travel day for the workers, no active work is on
• Document review
• Workers safety tickets
   
  Stop 1# Yellowhead Station Kp 496.25
• Observe some corrective actions on the cribbing/skid piles
• Following up on the low level new near miss that happened on August 07, 2020
• Observed rebuild skid/cribbing to meet the SAW/SLLP
• Observed drip tray that has rainwater mostly build-up but due to workers leaving for days off and heavy rainfall, asked for it to be disposed of properly by Vac truck
• Closeout inspection due to weather and no active work because of workers heading home for days off

Compliance tool used: No compliance tool used

Observation 9 - Observation - Montana First Nation

Date & time of visit: 2020-11-05 12:00

Discipline: Indigenous Monitoring

Categories:

• General
• General

Facility:

Observations:

IAMC TMX
Inspection report
November 3, 2020- November 5 2020
Field inspection- Montana First Nation

Observation,

• Upon arrival of the yard, CER inspectors, Indigenous Monitors and TMEP staff took part in the visitor safety orientation and Covid-19 safety checks.
• Discussed the days activities
• Vehicle transportation cleaned and sanitized with bleach solution before entering the yard.
• Visited Frazer River West, workers at work building access roads, walked 1km to get to jobsite. with a steep slope signage was not posted for the steep slope entering. But i hear has since been implied to area. Seemingly good job.
• Looked at marked First Nations TLU ( traditional land use) site.
• TLU site observed was kept untouched and clearly marked off.
• TLU sites are documented confidential
• At the time of the inspections the areas were nicely organized and up kept with required measures in place.
• Covid-19 social distancing and mask were worn at all times

Compliance tool used: No compliance tool used

Observation 10 - Information Request - Spill Tray Management

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Chemical Spills/Releases

Facility:

Observations:

IO and IM observed spill trays beneath equipment that were partially full.

Compliance tool used: Information Request (IR)

Regulatory requirement:

• Onshore Pipeline Regulations (OPR)

Company action required:

Describe how drip trays, particularly in areas where activity is low, are managed. How does Trans Mountain ensure overfilling and contamination of the surrounding environment does not occur.

Due date: 2020-12-04

Date closed: 2020-12-10
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: