Compliance Verification Activity Report: CV2223-086 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Activity #: CV2223-086
Start date: 2022-06-14
End date: 2022-06-16

Team:

Regulated company: Trans Mountain Pipeline ULC

Operating company:

Province(s) / Territory(s):

Discipline(s):

Rationale and scope:

TMX Spread 3/4A - Assess field implementation of construction safety manual and project specific safety plans for ongoing construction activities; worker tasks including identification of hazards and appropriate controls relevant to the job tasks via hazard assessments; implementation of incident management process; company oversight of contractors. Verify implementation of traffic management plans - Condition 73.<br /> <br /> <br /> &nbsp;

Compliance tool(s) used:

Facility details

Facilities:

Regulatory requirements

Regulatory requirements that apply to this activity:

Observations (no outstanding follow-up required)

Observation 1 - General Observations

Date & time of visit: 2022-06-16 15:00

Discipline: Safety Management

Categories:

Facility:

Observations:

Compliance tool used: No compliance tool used

Observation 2 - Road 66 - Spread 3

Date & time of visit: 2022-06-16 12:15

Discipline: Safety Management

Categories:

Facility:

Observations:

Compliance tool used: No compliance tool used

Observation 3 - CNC - 1 Grounding Generator

Date & time of visit: 2022-06-14 13:15

Discipline: Safety Management

Categories:

Facility:

Observations:

CER Inspection Officer observed a portable generator in operation that was not grounded per Manufacturer Operating Instructions. This generator had been isolated from ground as it had been placed inside a plastic spill containment tub.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Company shall ground portable generator by attaching a ground wire to the Factory provided ground lug identified by  the manufacturer label on the generator and attach the other end of ground wire to a ground rod that is placed into an earth ground. Both ends of the ground wire have to be securely attached, one end to the generator ground lug and the other end clamped securely onto a ground rod.

Due date: 2022-06-14

Date closed: 2022-06-14
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 4 - NNC - 1 Incident Management Process

Date & time of visit: 2022-06-16 12:00

Discipline: Safety Management

Categories:

Facility:

Observations:

TMEP reported five incidents involving heavy equipment on spread 3/4a between January and May 2022 (TMEP incident numbers 1997, 2073, 2476, 2637, and 2690). Although these incidents were not reportable under section 52 of the Canadian Energy Regulator Onshore Pipeline Regulations (OPR), they were reported under certificate condition 106 ‘Construction Progress Reports’. Three of the incidents were classified as equipment damage, one as high potential near miss, and one as a medical aid.

CER Inspection Officer (IO) sought to verify the incidents had been investigated and managed in accordance with the construction safety manuals (HSMP and PSSP), including the TMEP Health and Safety Incident Management Procedure (IMP) which is incorporated by reference into the HSMP. Verification methods included review of the incident investigation reports and discussions with the TMEP HS Lead.
The CER IO noted at the time of the inspection that:

  1. An incident investigation report was readily available for each of the five incidents and appeared to be signed off by TMEP in accordance with the IMP.
  2. CAPAs had been identified for each incident, had been assigned to an individual, and were marked as closed.
  3. Of the five corrective actions sampled, no deficiencies were noted in the implementation of three of the five (3/5) CAPAs.
    1. CAPAs that appeared to be successfully implemented included 1) creation of a new Loading, Hauling, and Dumping JHA, 2) development of a rock truck focus audit, and 3) worker participation in a safety stand down.
  4. Two of the five CAPAs reviewed by the IO did not appear to be implemented despite being marked closed. See below for additional details.
Following discussions with TMEP representatives and contractors, document review, and observations at several work sites, the IO is of the view that the process for taking corrective and preventive actions required by paragraph 6.5(1)(r) of the OPR and section 17 of the IMP has not been fully implemented.
The CER IO further noted that:
  1. There was no evidence that the CAPA related to development of a new daily toolbox talk form had been developed or implemented yet it was marked complete on 26 May 2022 on the incident investigation report.
    1. IO found no evidence that the new form had been implemented in the field. When asked by IO on 15 June 2022, the TMEP representative stated the form should already be in use. On 16 June 2022, however, TMEP representative informed the IO the new forms had not been printed yet.
       
  2. CAPA related to competency reassessments on operators, marked complete on 17 May 2022 on the incident investigation report: When asked by IO on 15 June 2022, HS Lead and LSLP Safety Lead did not demonstrate a congruent understanding of the CAPA intent and implementation plan. Given that the IMP states “It is the responsibility of the PMT and HS Lead to follow up with the GCC/EPC to monitor the closure of actions” and that the CER IO heard different interpretations from site staff, the IO believes that the resolution and managing of CAPAs were not effectively implemented. Further, IO discussions with the KLTP foreman at road 66 on 22 June 2022 confirmed that this CAPA had not been implemented at that work location.

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

Regulatory requirement:

Relevant section(s):

Company action required:

  1. Describe the criteria used by TMEP for the close-out of CAPAs identified on incident investigation reports. If CAPAs are closed prior to implementation, how are they monitored to ensure full implementation? *note similar finding in CV2223-094.
     
  2. Provide the CER Inspection Officer with a plan to restore and measure the effectiveness of the incident management process, specifically related to implementation of CAPAs throughout the project as appropriate to avoid recurrence.
     
  3. As these findings were made based on a random sample of CAPAs the CER IO requires that TMEP provide the CER with its plan to verify that all CAPAs considered safety critical that have been developed during the project have been implemented as required.

Due date: 2022-09-02

Date closed: 2022-09-06
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 5 - NNC - 2 Smoking/Fire Prevention

Date & time of visit: 2022-06-15 11:00

Discipline: Safety Management

Categories:

Facility:

Observations:

TMEP representatives tasked with oversight responsibilities do not appear to be consistently enforcing the requirements for smoking in accordance with the 'Fire Hazard Mitigation Plan' [PSSP for Spread 3,4a LSLP Rev4, Appendix G].

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

Regulatory requirement:

Relevant section(s):

Company action required:

  1. Describe how TMEP representatives overseeing construction activities on spread 3/4a will ensure the requirements in the Fire Mitigation Plan related to smoking are implemented.

Due date: 2022-07-22

Date closed: 2022-08-02
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 - NNC - 3 Danger Trees - Communication

Date & time of visit: 2022-06-16 12:00

Discipline: Safety Management

Categories:

Facility:

Observations:

In a response to an information request regarding danger trees on 21 Jun 2022, TMEP stated “TMEP directly refers to the current WDTAC Forest Activities Manual for the assessment and management of dangerous trees”. Section two of the manual states all people working in an area must be aware of the marking procedure for danger trees.

When asked by CER Inspection Officer and TMX-IAMC Indigenous Monitor, workers and supervisors at multiple work locations were unaware of the marking procedures for managing danger trees.
 

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

Regulatory requirement:

Relevant section(s):

Company action required:

  1. Provide the marking procedures for the management of dangerous trees on TMEP Spread 3/4a.
  2. What steps has TMEP taken or will take to ensure workers exposed to dangerous trees are made aware of the marking procedure?

Due date: 2022-08-19

Date closed: 2022-09-06
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

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 7 - 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