Compliance Verification Activity Report: CV2122-091 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 2648
• Inspector 2808
• Inspector 1906

Regulated company: Trans Mountain Pipeline ULC

Operating company:

Province(s) / Territory(s):

• Alberta

Discipline(s):

• Safety Management
• Indigenous Monitoring

Related events:

• CV2122-094

Rationale and scope:

TMX Spread 2 - 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; company implementation COVID-19 safety protocols; company oversight of contractors - training & competence, monitoring, supervision and accountability; assess execution of work per applicable procedures and documented work practices.

Compliance tool(s) used:

• Notice of Non-compliance (NNC) (1)

Facility details

Facilities:

• TRANS MOUNTAIN EXPANSION PROJECT

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
• Project-specific plan or procedure
• CSM

Regulatory instrument number(s):

• OC-065

Observations (no outstanding follow-up required)

Observation 1 - General Observations

Date & time of visit: 2021-08-05 15:30

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Safeguarding
• Personal Protective Equipment
• Materials Handling
• Mobile Cranes and Hoisting Equipment
• Ropes, Chains and Slings
• Noise Control
• Monitoring/Evaluation
• Training and Competency
• Training, Competency and Qualification

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

 Day 1
-Contractor daily work plan was provided and reviewed for purposes of oversight planning by TMEP inspectors.
-Scopes of work were evaluated for risk and site visits were planned
-Life Saving Rules were considered for TMEP Focused Inspection.
 
Location 119
-prep for ditching was ongoing
-TMEP inspectors reviewed contractor documents – JSA, Tailgate Safety Meeting, Daily Safe Work Agreements.
-hazards and controls were discussed at length with various workers.
-TMEP inspectors executed meaningful engagement with contractors and sub-contractors.
 
Day 2
Midwest Road 138
-2 contracted workers were observed sitting on welded pipe lengths on cribbage, several feet off the ground
-TMEP Inspector quickly stepped in and eliminated the hazard.  He took the opportunity to coach both the supervisor and other staff on the crew about the risks of sitting on elevated pipe.  The FLHA was also not completed as required, which lead to another coaching opportunity of the TMEP inspector.
--broader concerns about noise levels where crews were working was discussed.  IR's issued on related matters.

Overall, the 2 TMEP oversight inspectors observed were competent and effecting a high level of oversight of contracted workers.  Excellent work.   

Compliance tool used: No compliance tool used

Observation 2 - NNC 1 - Failure to Implement Hearing Conservation Program

Date & time of visit: 2021-08-30 10:14

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Safeguarding
• Personal Protective Equipment
• Occupational Medical Surveillance
• Hazard Assessment
• Noise Control
• Signage
• Monitoring/Evaluation
• Training and Competency
• Training, Competency and Qualification

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

1. Trans Mountain Expansion Project, ‘Noise Management Plan ‘, Section 9.0 - baseline/initial audiogram requirements for workers exposed to excess noise have not been performed (specifically those conducting sandblasting operations).
    
2. Several workers were observed not wearing any hearing protection devices, ear plugs or ear muffs or both during work activities on Rd-138 where equipment (side-booms) were operating. Based on the area noise assessments provided by the company via Information Request on 20 August 2021, workers were present in an area or were performing tasks where hearing protection exceeded 85 dBA. Under OPR 6.5 (1) (f) the company failed to establish and implement an effective noise management program which would mitigate risk from noise exposure.
    
3. Exposure assessments are not completed in accordance with the Canadian Standards Association (CSA) Standard Z107.56-06, Procedures for the Measurement of Occupational Noise Exposure noise measurement taken next to the blaster. Dosimetry data needs to be performed as opposed to spot noise measurements.
    
4. Trans Mountain Expansion Project, ‘Noise Management Plan’, is found to be inadequate in clarifying worker responsibility, establishing criteria for single and dual hearing protection, requirements for conducting repeat audiograms, specifying which Class or Grade of hearing protection employees are required for use, how to apply the noise reduction ratings for single or dual hearing, performing noise exposure monitoring as per CSAZ107.56-06 for dosimetry, and shift adjustment for noise exposure and corrective actions taken if audiograms show a significant shift from baseline.  TMEP was therefore unable to demonstrate how it met requirements under OPR 6.5(1) (e), (f), (g), (l), (u) due the contractor noise management program being inadequate in the aforementioned areas.
    
5. With respect to responses to IR 2 - Table 1.0 – Spread 2 – Noise Management Surveys the result for surveys appear to be incomplete. For example, surveys seem to omit the operator's noise exposure from heavy equipment.  No consideration of variables such as open vs closed cabs, age of equipment, etc. were included in the response provided.
    
6. With respect to responses to IR 2 - 10.0 Evaluating the Program
   Midwest’s last review of the program was conducted on July 10th, 2020, which was the initial version of its Noise Management Plan. The next scheduled review of the Midwest Noise Management Plan is scheduled to take place in September 2021.  The contractor’s program reviews were not included in the IR submission as requested by the inspection Officer.

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,
      • (e) establish and implement a process for evaluating and managing the risks associated with the identified hazards, including the risks related to normal and abnormal operating conditions;
      • (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;
      • (g) establish and implement a process for identifying, and monitoring compliance with, all legal requirements that are applicable to the company in matters of safety, security and protection of the environment;
      • (l) establish and implement a process for making employees and other persons working with or on behalf of the company aware of their responsibilities in relation to the processes and procedures required by this section;
      • (u) establish and implement a process for inspecting and monitoring the company’s activities and facilities to evaluate the adequacy and effectiveness of the programs referred to in section 55 and for taking corrective and preventive actions if deficiencies are identified;
      • (v) establish and implement a process for evaluating the adequacy and effectiveness of the company’s management system and for monitoring, measuring and documenting the company’s performance in meeting its obligations under section 6;

Company action required:

Confirm action 4 and 5 of CAPA execution plan (CV 2122-094) has been completed on spread 2.

Due date: 2021-11-15

Date closed: 2021-11-15
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

Observations (company follow-up required)

Identified non-compliances to company plans or procedures are non-compliances either to: