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

Overview

Compliance verification activity type: Field Inspection

Activity #: CV2021-217
Start date: 2020-07-08
End date: 2020-07-10

Team:

Regulated company: Trans Mountain Pipeline ULC

Operating company: Kinder Morgan Canada Inc

Province(s) / Territory(s):

Discipline(s):

Related events:

Rationale and scope:

[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:

Facility details

Facilities:

Regulatory requirements

Regulatory requirements that apply to this activity:

Regulatory instrument number(s):

Additional Project-specific requirements or conditions:

CER Condition 64 Condition 72

Observations (no outstanding follow-up required)

Observation 1 - General Observations

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

Discipline: Safety Management

Categories:

Facility:

Observations:

Edson Construction Yard (offices)


Edson Laydown YardHardisty Creek HDD- 317 KpMcLeod River HDD-  223 Kp

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:

Facility:

Observations:

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:

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:

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.
     
  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 measures identified above shall remain in place for the duration that site access temperature screening is used to control the spread of Covid-19. In cases where Trans Mountain has contracted a third party company to perform site access temperature screening, Trans Mountain shall develop and implement a program for effective oversight to ensure:The oversight program is to remain in place for the duration that site access temperature screening is used to control the spread of infectious disease.
 

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:

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. 

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

Regulatory requirement:

Relevant section(s):

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.
Provide a copy of the legal list referred to in the Canadian Energy Regulator Onshore Pipeline Regulations 6.5(1)(h), and identify any recent or required changes to this list associated with the implementation of the Trans Mountain Covid-19 Response Plan.

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:

Facility:

Observations:

The observation is contained within the attached file.

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

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:

Facility:

Observations:

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

On Site Inspection of Hardisty Creek HDDMet with Company Indigenous MonitorMcleod River HDDInspection was great; the company safety inspection team was great to work with and answered our questions. Great to see the project slowly start up do to spring break up and COVID19.

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