Compliance Verification Activity Report: CV2223-096 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 2927

Regulated company: Trans Mountain Pipeline ULC

Operating company: Trans Mountain Pipeline ULC

Province(s) / Territory(s):

• British Columbia

Discipline(s):

• Safety Management
• Indigenous Monitoring

Related events:

• INC2022-144

Rationale and scope:

1. TMX compliance with condition 5 construction timing commitments for Watson Elementary and Vedder Middle School lands near Chilliwack, BC.
2. TMX Burnaby & Westridge Terminals - Contractor oversight of construction activities - training & competence, monitoring, supervision and accountability; assess the execution of work per applicable procedures and documented work practices; compliance with condition 80 noise management plan.

Compliance tool(s) used:

• None

Facility details

Facilities:

• BURNABY
• WESTRIDGE MARINE TERMINAL

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)
• Onshore Pipeline Regulations (OPR) 2020-03-16
• Plans And Procedures
• Project-specific Contractor/Project Safety Plan (CSP)
• TMEP Lower Mainland Project Specific Safety Plan, Document # 01-13283-GG-0000-HS-HSE-0001 R6
• Project-specific Environmental Protection Plan (EPP)
• TMEP Noise Management Plan for Construction at Terminals and Pump Stations, Rev 2
• Standards
• CSA Z662-19 - Oil and Gas Pipeline Systems

Information Request

IR from CER (Information Request sent from CER to company)
#1. HIPO investigation report

Legislative Requirement : Canadian Energy Regulator Act (CERA)

Sections of the Act

Theme and Categories

Due Date : 2022-09-07

Review Response
Acceptable

Follow-up Action
None

IR from CER (Information Request sent from CER to company)
#2. FSI Daily Report Westridge Marine Terminal

Legislative Requirement : Canadian Energy Regulator Act (CERA)

Sections of the Act

Theme and Categories

Due Date : 2022-09-19

Review Response
Acceptable

Follow-up Action
None

IR from CER (Information Request sent from CER to company)
#3. Deck Barge Fuel Transfer Procedure

Legislative Requirement : Project-specific Contractor/Project Safety Plan (CSP)

Applicable Wording from Legislative Document
2.9.3 Document Control Pertinent documents will be filed as per the KLTP Document Control Procedures. All other documents are filed and shared using the KLTP Project SharePoint.

Theme and Categories

Due Date : 2022-09-19

Review Response
Acceptable

Follow-up Action
None

Observations (no outstanding follow-up required)

Observation 1 - OPL-005-2021 Condition 5 - Chilliwack School District

Date & time of visit: 2022-09-07 12:00

Discipline: Administrative

Categories:

• Regulatory Instrument
• Condition

Facility:

Observations:

• CER Inspection Officers (IOs) and TMX-IAMC Indigenous Monitors (IMs) performed a field inspection of TMEP construction activities at Watson Elementary (Watson) and Vedder Middle (Vedder) schools in Chilliwack, BC to verify TMEPs compliance with construction timing commitments made under condition 5 of Order OPL-005-2021. 
  • IOs observed construction activities had stopped on the land directly south of Vedder and north of Watson.
  • Construction activities remained active at the road bore exit site, east of Vedder's soccer field.
  • Company and contractor representatives stated the work had stopped at both Watson and Vedder on 5 Sep 2022 and that work at Vedder may resume on 9 Sep 2022.
  • Watson appeared to be backfilled and seeded. Open trench remained at Vedder. 
  • Welded temporary fencing was in place to restrict access to both areas. Measures to limit public access at both sites appeared adequate.
  • Contractor representatives stated TMEP informed them, at the beginning of construction, of the construction timing commitments TMEP had made to complete the work on the school lands in July and August 2022. 

Compliance tool used: No compliance tool used

Observation 2 - Burnaby Terminal

Date & time of visit: 2022-09-08 14:30

Discipline: Safety Management

Categories:

• Workplace Practices
• Job/Task Safety Analysis
• Contractor Management & Oversight
• Responsibilities and Accountability
• Supervision, Inspection and Monitoring

Facility:

• BURNABY (Facility)

Observations:

CER Inspection Officer (IO) and IAMC-TMX Indigenous Monitors (IMs) performed a field inspection of Burnaby Terminal (BT) on 8 Sep 2022. 

TMEP Oversight and Inspection of Work Activities

• IO observed a safe work permit issued by TMEP to a contractor performing work at CWA 204. TMEP representative stated safe work permits are issued for all work at BT, including greenfield.
• TMEP has three Field Safety Inspectors (FSI) overseeing and inspecting work at Burnaby Terminal, including night shift coverage.
• When asked by the IO, several contractor workers stated they see and interact with TMEP FSIs daily. 
• TMEP representatives stated that FSIs attend morning meetings with the contractor and prioritize their oversight activities on high-risk activities. 
• IOs and IMs observed an FSI performing a focus inspection of a crawler crane. The focus inspection included discussions with the crane operator, verification of the annual inspection certificate, verification of the crane operator's qualifications, and a review of the operator's logbook.
• IM observed a contractor worker without class 2 high-visibility clothing. TMEP corrected the situation within a few minutes of notifying the TMEP HS Lead.

TMEP Field Safety Inspectors

• IOs and IMs spoke with two TMEP FSIs during the inspection.
• FSIs appeared knowledgeable of the contractor's safe work practices and TMEP Life Saving Rules.
• FSIs demonstrated they could access the contractor's safety documentation and SWPs on their phone.
• FSIs stated they have the authority to pause work and sometimes exercise this authority.

Human Equipment Interface

• IO observed several measures to mitigate hazards of people working near heavy equipment that TMEP implemented following the Dec 2020 injury remained in place.
  • Pedestrian paths were present in multiple locations, marked with white chain fencing. 
  • Flaggers working near heavy equipment had 2-way radio contact with the equipment operators.
  • Sandwich boards displaying the contact information of the foreman and superintendent were observed in several areas. 

Compliance tool used: No compliance tool used

Observation 3 - Westridge Marine Terminal

Date & time of visit: 2022-09-09 14:30

Discipline: Safety Management

Categories:

• Workplace Practices
• Procedures/Work Instructions
• Contractor Management & Oversight
• Responsibilities and Accountability
• Supervision, Inspection and Monitoring
• Equipment, Tools, Machinery
• Use, Operation, Repair and Maintenance of Mechanical & Critical Lifting Equipment

Facility:

• WESTRIDGE MARINE TERMINAL (Facility)

Observations:

CER Inspection Officers (IOs) and TMX-IAMC Indigenous Monitor (IM) performed a field inspection of Westridge Marine Terminal (WMT) on 9 Sep 2022.

Deck Barge Olympia Incident Investigation

• The TMEP Health & Safety Lead for WMT provided an overview of an incident investigation related to an incident on the Deck Barge Olympia in July 2022 (see IR #1).
• TMEP representatives told IOs that corrective actions identified in the investigation had been applied to all cranes at WMT with a similar brake design to the Deck Barge Olympia.
• TMEP and the contractor appeared to be involved in the incident investigation and implementation of corrective actions.

TMEP Oversight and Inspection of Work Activities

• TMEP has four Field Safety Inspectors (FSI) overseeing and inspecting work at WMT, including night shift coverage.
• Contractor workers confirmed that TMEP FSIs are in the field daily.
• TMEP also has a lifting and rigging subject matter expert who reviews lift plans and oversees both general and critical lifts at WMT and Burnaby Terminal.
• While inspecting the Deck Barge Columbia, IO observed a TMEP FSI observing work performed by the contractor and suggesting measures for improved safety (see IR 2).
• IM observed contractors constructing rebar over an unarmoured electrical cord. Upon notifying the TMEP FSI of the hazard, TMEP intervened, and the contractor corrected the situation immediately.

Fueling on the Deck Barge Columbia

• IO and IM were onboard the Deck Barge Columbia during a fuel transfer.
• When asked about safe work procedures for fuel transfers, a contractor supervisor showed the IO a document titled "Fuel Transfer Procedures" (see IR 3).
• Safety controls identified in the procedure appeared to have been implemented, including 2-way radio communication between the worker watching the tank level and the fueling vessel.
• Company and contractor representatives provided an overview of the deck barge crane's friction brakes.

Compliance tool used: No compliance tool used

Observation 4 - OC-065 Condition 80 - Noise Management

Date & time of visit: 2022-09-09 14:30

Discipline: Administrative

Categories:

• Regulatory Instrument
• Condition

Facility:

• BURNABY (Facility)

Observations:

CER Inspection Officers (IOs) reviewed August 2022 noise monitoring data for Westridge Marine Terminal and Burnaby Terminal to verify compliance with the TMEP Noise Management Plan submitted under condition 80 (NMP).

• IOs observed live data from six continuous monitoring stations, three at Westridge Marine Terminal and three at Burnaby Terminal.
• IOs reviewed a summary of noise monitoring data from the three continuous monitoring stations at Burnaby Terminal for August 2022.
  • The company providing noise monitoring for TMEP noted no measurements above the threshold on the report. 
  • The criteria for noise limits appear to be consistent with the thresholds identified in the NMP.
• IOs also reviewed Weekly Noise Monitoring Summaries for the three noise monitoring stations at Westridge Martine Terminal (Aug 8-13, Aug 15-20, Aug 22-27, and Aug 29-Sep 3).
  • No measurements above the noise threshold were recorded. Note: The company states that no work at Westridge Marine Terminal takes place on Sundays.
• Company representatives stated that they are automatically notified by email if a noise threshold is exceeded.

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: