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


Compliance verification activity type: Field Inspection

Activity #: CV2122-091
Start date: 2021-08-04
End date: 2021-08-05


Regulated company: Trans Mountain Pipeline ULC

Operating company:

Province(s) / Territory(s):


Related events:

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:

Facility details


Regulatory requirements

Regulatory requirements that apply to this activity:

Regulatory instrument number(s):

Observations (no outstanding follow-up required)

Observation 1 - General Observations

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

Discipline: Safety Management




 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




  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:

Relevant section(s):

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:

- 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