Compliance Verification Activity Report: CV2021-217 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 2646
• Inspector In Training T

Regulated company: Trans Mountain Pipeline ULC

Operating company: Kinder Morgan Canada Inc

Province(s) / Territory(s):

• Alberta

Discipline(s):

• Safety Management
• Indigenous Monitoring

Related events:

• CV2021-186
• CV2021-399

Rationale and scope:

[Spread 2 - TMX Project Construction Inspection; Assess implementation of company COVID-19 procedures and practices; Assess compliance to project specific safety plans/construction safety manuals per HDDs; assess company oversight of primary construction contractor and drilling contractor]

Compliance tool(s) used:

• Notice of Non-compliance (NNC) (2)
• Information Request (IR) (1)

Facility details

Facilities:

Facility Types

• Pipeline
• Pipeline

Life-cycle Phases

• Construction

Regulatory requirements

Regulatory requirements that apply to this activity:

• Canadian Energy Regulator Act (CERA)
• Canadian Energy Regulator Act (CERA)
• National Energy Board Act (NEBA)
• Onshore Pipeline Regulations (OPR)
• Plans And Procedures
• Standard Operating Procedure or Plan (SOP)
• Trans Mountain COVID-19 Response Plan, rev 4
• Project-specific Contractor/Project Safety Plan (CSP)
• Midwest-Trans Mountain Expansion Project Project Specific Safety Plan, rev 1
• Standard Operating Procedure or Plan (SOP)
• Trans Mountain Site Access Temperature Screening Protocol, rev 2
• Standard Operating Procedure or Plan (SOP)
• Trans Mountain Covid – 19 Self Declaration Questionnaire, rev 4
• Standards
• CSA Z662-19 - Oil and Gas Pipeline Systems

Regulatory instrument number(s):

• OC-065

Additional Project-specific requirements or conditions:

Observations (no outstanding follow-up required)

Observation 1 - General Observations

Date & time of visit: 2020-07-08 09:00

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Personal Protective Equipment
• Industrial Sanitation and Personnel Facilities
• Occupational Medical Surveillance
• Fire Protection
• Flammable and Combustible Liquids
• Labels and Documentation
• Hazard Assessment
• Permanent Structures
• Stairs, Fixed Ladders and Access/Egress
• Housekeeping
• Signage
• Training and Competency
• Training, Competency and Qualification

Facility:

Observations:

Edson Construction Yard (offices)

• The yard was fenced with one point for vehicle access which was attended by a security guard.
• CER IOs observed spotters being used for vehicles backing up.
• A copy of the emergency response plan, traffic plan, and safety bulletins were visible on the safety board.
• Goal posts with signage were observed on both sides of overhead power lines when entering the yard.

• A welding crew was observed in the Edson Laydown Yard performing maintenance on heavy equipment. Appropriate PPE and fire watch were observed. When asked, both crews were able to show documented evidence that a field level hazard assessment and tailgate meeting had been performed.
• Oxygen and acetylene cylinders were stored in trailers, segregated, away from potential ignition sources, and secured upright with safety caps in place.
• Full and empty compressed gas cylinders were stored separately (propane, oxygen, acetylene).
• Several sea-cans used for storage were observed. No flammable materials or compressed flammable gas was observed inside the sea-cans.
• Washroom facilities with soap and running water were available in the yard.
• Two above ground fuel tanks were observed in the yard. A no smoking sign was readily visible and fire extinguishers were positioned nearby. 

• A site specific orientation was performed which addressed wildlife encounters. It was mentioned a bear had been spotted near the site. Bear spray was available and no workers were observed working alone.
• The site was generally tidy with evidence of good housekeeping practices.
• Excavations were observed to be signed and fenced in accordance with the Project Specific Safety Plan.
• Washroom facilities were clean and equipped with hand sanitizer.
• The IOs observed a skid steer and operator with a completed daily checklist, access to the manufacturer's manual, and access to a fire extinguisher, first aid kit, and spill kit.
• Although no lifting was observed, slings used for lifting earlier that day were observed to be free of cuts, fraying, nicks, or chemical contamination.

• A site specific orientation was provided by the HDD Drilling Manager.
• The site was generally tidy with evidence of good housekeeping practices.
• Signage was observed around the drill rig indicating that hearing protection was required.
• The IOs observed the crane used to lift the drill pipe had an inspection sticker indicating the annual inspection was due November 2020.
• Rotating equipment on the drilling rig was guarded with fixed metal guards.
• The IOs observed a laborer washing the drill rod support and surrounding area with a pressure washer. The IOs verified with the drill operator that the drilling mechanism was disabled during this activity. 
• Slings used for lifting appeared to be in good condition and free of cuts, fraying, or chemical contamination.
• Two vacuum trucks were observed. When asked, the operators of the vacuum trucks were able to show completed pre-use inspection logs, adequate PPE including double hearing protection, and evidence of ground disturbance training.

Compliance tool used: No compliance tool used

Observation 2 - General Observations - Covid-19 Response Plan

Date & time of visit: 2020-07-08 14:00

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Industrial Sanitation and Personnel Facilities
• Training and Competency
• Training, Competency and Qualification
• Permanent Structures
• Signage
• Temporary Structures
• Signage

Facility:

Observations:

• All members of the inspection team (IOs and IMs) were asked to complete a Trans Mountain Covid-19 Self Declaration Questionnaire prior to arrival.
• Covid-19 signage was posted at the entrance of the Edson Construction Yard in accordance with the company Covid-19 Response Plan.
• A tailgate meeting which included Covid-19 mitigations was performed prior to accessing each work site.
• Adequate washroom facilities with soap & water were observed at each work site. Hand sanitizer containing at least 60% alcohol was provided as a temporary solution if hand washing facilities were not available.
• CER did not observe any direct person-person contact such as shaking hands among the Trans Mountain workers or those working on behalf of Trans Mountain.
• Workers were observed to be following physical distancing guidelines at each location. In cases where physical distancing was difficult (such as travelling in the same vehicle), workers wore face masks.
• When asked by the IOs, all workers were able to show they had access to face masks.
• CER Inspectors observed examples of daily reports submitted to TMEP that contained information related to Covid-19 (daily statistics, measures in place).
• When asked about which tasks required work within 2m of other people, the drilling foreman at the McLeod River HDD site readily answered that he had positively identified only two job tasks which met this criteria.
• With the exception of questions related to temperature screening (see NNC 1), workers appeared knowledgeable of the Covid-19 mitigations implemented by the company including procedures to follow for presumptive cases.
• IOs reviewed examples of Covid-19 focus inspections performed by the TMEP Spread 2 Safety Lead.

Compliance tool used: No compliance tool used

Observation 3 - NNC 1 - Site Access Temperature Screening

Date & time of visit: 2020-07-08 09:00

Discipline: Safety Management

Categories:

• Training and Competency
• Training, Competency and Qualification

Facility:

Observations:

As per the Trans Mountain Site Access Temperature Screening Protocol (Screening Protocol), the CER IOs temperatures were measured at least once daily. Several observations were made which indicate ineffective implementation of the Screening Protocol, a lack of adequate training for those tasked with temperature screening, and inadequate oversight of the contractor(s) hired to perform the screening and a general lack of efficacy of the program in general.

1. Section 3.0 of the Screening Protocol requires 'the temperature monitor to ensure that the device is used appropriately according to the user manual' On July 9th at approximately 9am, the IOs were told by the temperature monitor at the Edson Construction Yard that the user manuals were not available to those administrating the temperature checks.
2. During the July 10th temperature screening of IO#2, the temperature was recorded as 34.4 degrees Celsius. When the temperature monitor was asked if that was a low reading, she replied ‘No’. Further, IO#2 was not asked to wait 5-15 minutes and retested as required by section 3.0 Screening Protocol.
3. IO#2 returned to the screening trailer approximately 15 minutes later and asked to have his temperature measured again several times for the purposes of comparison.  The measurements were recorded as 34.4C, 36.4C, 35.6C, and 36.5C. These measurements exceed the clinical repeatability specification of the instrument (+/- 0.14C) found in the Braun 6520 user manual. 
4. When asked what the lowest recorded temperature had been for the day (July 10th), the temperature monitor replied 34 degrees Celsius. This worker was not retested as required by the Screening Protocol.
5. The IOs were told that the Temperature Monitor at the Edson Construction Yard is a trained professional/registered nurse, however,  the remaining Temperature Monitors interviewed had received no training on the use, care and maintenance of the devices. Trans Mountain was unable to demonstrate that all Temperature Monitors are trained and competent with respect to the relevant procedures and equipment being used.
6. On July 10th the IOs observed temperature screening being performed by the drilling contractor at the MacLeod River crossing HDD rig site. The screening was taking place outdoors in direct sunlight and the measurements obtained were non-physiological (for example 33 degrees Celsius). Workers and visitors were not asked to be re-tested prior to entering the site.
7. There appears to be little oversight of the Temperature Screening Protocol given the number of deficiencies noted.

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

Regulatory requirement:

• Onshore Pipeline Regulations (OPR)

Relevant section(s):

• • 6.5 Management System Processes
    • (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 and the risks and for communicating those controls to anyone who is exposed to the risks;
      • (j) establish and implement a process for developing competency requirements and training programs that provide employees and other persons working with or on behalf of the company with the training that will enable them to perform their duties in a manner that is safe, ensures the security of the pipeline and protects the environment;
      • (k) establish and implement a process for verifying that employees and other persons working with or on behalf of the company are trained and competent and for supervising them to ensure that they perform their duties in a manner that is safe, ensures the security of the pipeline and protects the environment;

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.
    
2. The provision of training to all persons engaged in temperature screening including:
   1. training on relevant procedures,
   2. training on the manufacturer's procedures and limitations for the thermometer being used, and
   3. interpretation of the measurements produced by the thermometer.
       
3. A competency evaluation for all persons tasked with temperature screening that demonstrates:
   1. The temperature monitor understands and correctly applies the site access temperature screening procedures established by Trans Mountain, and
   2. the results are reproducible and are within the error of margin specified by the therometer manufacturer.

• The contracted temperature monitors have been trained on the Screening Protocol developed by Trans Mountain,
• The contracted company adheres to all of the requirements contained within the procedures developed by Trans Mountain,
• The contracted company uses instruments that are suitable for the testing environment and can accurately and reliably identify individuals with an elevated temperature.

Due date: 2020-08-28

Date closed: 2020-11-06
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 2 - Safeguarding Personal Information

Date & time of visit: 2020-07-09 14:00

Discipline: Management System

Categories:

• Checking and Corrective Actions
• Records Management
• Implementation
• Documentation and Document Control
• Planning
• Legal Requirements

Facility:

Observations:

The Trans Mountain Site Access Temperature Screening Protocol v.2 states that “No transfer of the form will occur to minimize the spread of infectious disease”, and that the worker shall retain their test results on their person. During the inspection, however, CER IOs observed that Covid-19 Self Declaration Forms were being collected and stored by several individuals. These records were not being safeguarded in a way that protected the confidentiality and privacy of workers and visitors. 

• The temperature monitor at the Edson Construction Yard was initially bringing a binder containing the temperature records and health screening forms (records) to their place of residence and/or leaving in their vehicle overnight. Some of the completed records were stored onsite in an unlocked desk.
• At the MacLeod River HDD Site, the drilling foreman was storing the records on a clipboard in an unlocked site trailer.
• Also at the MacLeod River HDD site, the Mobile First Aider was storing the records in the cab of their vehicle overnight.
• At least one member of the CER inspection team was asked to hand in their form by the temperature monitor at the Edson Construction Yard.

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

Regulatory requirement:

• Standard Operating Procedure or Plan (SOP)
• Trans Mountain Site Access Temperature Screening Protocol, rev 2

Relevant section(s):

• [s 2.1] No transfer of the [self declaration] form will occur to minimize the spread of infectious disease and a picture of the document or electronic form can be used.

Company action required:

1. Trans Mountain shall establish procedures to protect personal information collected during site access screening. These procedures must comply with the applicable provincial and federal legislation related to collection and storage of personal information. 
2. Trans Mountain shall ensure all individuals tasked with temperature screening are adequately trained in the relevant procedures including the collection of information and protection of information.

Due date: 2020-08-28

Date closed: 2020-09-01
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

Observation 5 - IAMC Observation - Sucker Creek First Nation

Discipline: Indigenous Monitoring

Categories:

• General
• General

Facility:

Observations:

The observation is contained within the attached file.

Compliance tool used: Information Request (IR)

Regulatory requirement:

• OC-065

Relevant section(s):

• s 7.0 General Pipeline Construction Mitigation Measures

Company action required:

With respect to TLU-25, provide confirmation that the resource specific mitigation was completed. The response should include the date on which the mitigation was complete, as well as the names of the group(s) who were invited to take part in harvesting.

  Provide three recent examples of inspection and/or daily reports that have been submitted to Trans Mountain by the company Indigenous Monitor(s) for Spread 2.
  Provide the standard or protocol that guides how Trans Mountain addresses concerns brought forth by company Indigenous Monitors.
 

Due date: 2020-09-15

Date closed: 2020-09-15
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 6 - IAMC Observation - Alexander First Nation

Date & time of visit: 2020-07-10 12:00

Discipline: Indigenous Monitoring

Categories:

• General
• General

Facility:

Observations:

Compliance Verification Activity 2021-217
Safety Inspection – Spread 2
Indigenous Monitor Observation Report
 
Edson Laydown Yard

• I met up with the Inspection team (CER and IAMC) Conduct a safety inspection and also Trans Mountains COVID19 plan.
• Met with Trans Mountain Safety Team at the Safety office on site
•  Got temperature check on site and gave the nurse Covid19 declaration.
• Made a plan with what activities were going on in spread 2. HDD of Hardisty Creek was getting setup; HDD of McLeod River was drilling.
• Observed Tailgate meeting and FLHA’s

• On our way to site we stopped to see the Sump for the fluid of the HDD.
• Once at the HDD rig, crew was in the process of setting up. Met with rig manager and he went over the tailgate and COVID19. 
• Did an inspection of the HDD rig.

• Advised us that the project was going great, slow at the moment do to spring break up and COVID19.
• Worked with the Environmental team, any issues or concerns they might have are brought to the Environmental Inspector.
• Explained a day to day on what they do. Free to go anywhere on the RoW if needed.
• Company IM we met with had a lot of experience on pipeline projects, helped the other IM’s on the Spread.
• No new sites were identified

• Once on site, met with HDD rig manager, Sign on to tailgate and went through COVID19 plans and procedure.
• Inspected the HDD rig.
• TLU site beside the rig was a concern with the company IM’s. Plant harvesting site TLU 22, We were informed by the Environmental Inspector that is was harvested prior to construction. Site was disturbed due to a nearby mud release. Company IM’s were concerned when they had seen Hydro Vac hoses ran through the site.
• Upon our inspection of the disturbed TLU site, (TLU 22). A rare plant was identified; we flagged off the site of the rare plant so the Company can get us clarification.

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: