Compliance verification activity type: Field Inspection
Team:
Regulated company: Trans Mountain Pipeline ULC
Operating company:
Province(s) / Territory(s):
Discipline(s):
Related events:
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.
Compliance tool(s) used:
Facilities:
Facility Types
Life-cycle Phases
Regulatory requirements that apply to this activity:
IR from CER (Information Request sent from CER to company) Danger Trees - LOD for muster areas
Legislative Requirement : Onshore Pipeline Regulations (OPR) 2020-03-16
Sections of the Act
Theme and Categories
Due Date : 2022-07-14
Review Response Acceptable
Follow-up Action None
IR from CER (Information Request sent from CER to company) Incident Management Procedure
Legislative Requirement : Project-specific plan or procedure
Applicable Wording from Legislative Document 17.0 ... The contractor must comply with the TMEP Health and Safety Incident Management Procedure #01-13283-GG-0000-HS-PRO-0003.
Due Date : 2022-06-21
IR from CER (Information Request sent from CER to company) TMEP Health and Safety Standards - Danger Trees
Legislative Requirement : Canadian Energy Regulator Act (CERA)
Follow-up Action Issue another IR
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
Observation 3 - CNC - 1 Grounding Generator
Date & time of visit: 2022-06-14 13:15
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
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:
Compliance tool used: Notice of Non-compliance (NNC)
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.
Observation 5 - NNC - 2 Smoking/Fire Prevention
Date & time of visit: 2022-06-15 11:00
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].
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.
Observation 6 - NNC - 3 Danger Trees - Communication
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.
Due date: 2022-08-19
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
