Compliance Verification Activity Report: CV2223-089 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 2648
• Inspector 2927

Regulated company: Trans Mountain Pipeline ULC

Operating company: Trans Mountain Pipeline ULC

Province(s) / Territory(s):

• British Columbia

Discipline(s):

• Damage Prevention
• Safety Management
• Indigenous Monitoring

Rationale and scope:

TMX Spread 5B - Assess field implementation of construction safety manual and project specific safety plans for ongoing construction activities including the Miner&#39;s Tunnel; worker tasks including identification of hazards and appropriate controls relevant to the job tasks via hazard assessments; company implementation of infection prevention protocols; company oversight of contractors - training &amp; competence, monitoring, supervision and accountability; assess execution of work per applicable procedures and documented work practices.<br /> <br /> &nbsp;

Compliance tool(s) used:

• Inspection Officer Order (IOO) (1)
• Notice of Non-compliance (NNC) (3)

Facility details

Facilities:

• TRANS MOUNTAIN EXPANSION PROJECT

Facility Types

• Pipeline
• Pipeline
• Pipeline right of way (ROW)

Life-cycle Phases

• Construction

Regulatory requirements

Regulatory requirements that apply to this activity:

• Canadian Energy Regulator Act (CERA)
• Canadian Energy Regulator Act (CERA)
• Canadian Energy Regulator Pipeline Damage Prevention Regulations – Authorizations
• Canadian Energy Regulator Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies
• Onshore Pipeline Regulations (OPR) 2020-03-16
• Plans And Procedures
• Project-specific plan or procedure
• TMEP Health and Safety Management Plan, Revision 5 (TMEP Doc No. 01-13283-GG-0000-HS-PLN-0001 R5)
• Standards
• CSA Z662-19 - Oil and Gas Pipeline Systems

Observations (no outstanding follow-up required)

Observation 1 - General Observations

Date & time of visit: 2022-12-08 11:30

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Industrial Sanitation and Personnel Facilities
• Fire Protection
• Limits of Exposure
• Training and Competency
• Training, Competency and Qualification
• Workplace Practices
• Hot Work
• Confined Space
• Ground Disturbance Activities
• Duties and Responsibilities
• Job/Task Safety Analysis
• Procedures/Work Instructions
• Traffic Control
• Contractor Management & Oversight
• Responsibilities and Accountability
• Supervision, Inspection and Monitoring
• Performance Evaluation
• Records & Documentation
• Internal near miss and incident trending, reporting, preventive and corrective actions

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

CER Inspection Officers (IOs) and TMX-IAMC Indigenous Monitors (IMs) performed an unannounced safety inspection of TMEP Spread 5b on December 6-8, 2022. Two WorksafeBC Inspection Officers accompanied the inspection team and performed a simultaneous inspection. 

Opening meeting and planning  

• The inspection team explained the purpose and scope of the inspection and attended a safety orientation. 
• TMEP updated the team on the spread 5b tunnelling progress, noting that clearing crews were present at both portals for Miner’s tunnel. 

TMEP safety oversight on spread 5b  

• TMEP representatives told IO there are eight TMEP Field Safety Inspectors (FSIs) on spread 5b, including nightshift coverage. FSIs report to TMEP HS Lead – Spread 5b. 
• FSIs perform safety inspections daily. Observations are documented in daily reports. 
• FSI provided IO with an overview of an incident involving a side boom on spread 2. When asked how lessons learned were applied to spread 5b, FSI stated they discussed the incident in their morning meeting and increased their inspection efforts to ensure tracked equipment met the requirements outlined in TMEP standards for corks. 
• TMEP provided CER IOs copies of completed Health and Safety Competency Evaluations for the Field Safety Inspectors and Health and Safety Lead for Spread 5b for review. At the time of the closing meeting, the IO expressed satisfaction with the evaluations but also reminded TMEP representatives of the importance of ensuring that actions be taken to raise the proficiency of any ratings below level 3 (meets competency). The company may also consider limiting staff assignments or providing additional support for those categories until a satisfactory (level 3 or higher rating) is achieved. 
• TMEP provided CER IOs with a sampling of Daily Inspection Reports from Construction Inspectors (assigned to provide oversight during clearing and welding activities). Although the reports were each noted to contain safety-related content, TMEP was provided with a recommendation to encourage all inspectors to include safety-related information related to actions that they had taken in the oversight role. Doing so assists in demonstrating compliance with the OPR requirements for TMEP to have representatives conducting inspections to ensure that the requirements of the OPR and terms and conditions of certificates and orders issued by the Commission are being complied with. 
• CER observed ‘no stopping - pipeline crossing’ signage throughout the locations visited. 
• CER discussed fatigue with various workers throughout the inspection, and all spoke of their ability to take a day of rest if needed without recourse.  
• When asked about support services in place for workers should they require it, the CER was told that a hotline existed for workers to access.   

Field observations 

•  1029 Miner’s tunnel 
  • CER IO spoke with Demolition Ltd. personnel conducting the scaling of the rock face to remove debris and prep work to install fencing.  
  • The IO was told that two experienced workers were mentoring a ‘green hand’ during the scaling operations.  
  • Emergency procedures for extraction of workers while scaling was explained to the CER.  
  • CER observed bags and cement blocks strategically placed at the bottom of the rock face in three different layers designed to protect TM line 1 and the Westcoast facilities at this location.  
  • The WSBC Inspection Officer raised a potential hazard related to clusters of icicles. The Officer explained that workers needed to be aware of this hazard due to the potential for icicles to fall on workers below, particularly during temperature changes. 

• Road 22 
  • TMEP site inspector explained to the inspection team the requirements for side boom work on a slope; they included having a slope assessment for each slope, a modified load chart, knowing the weight and width of the pipe being moved, qualified operators for work on slopes.
     
• Road 30 
  • The inspection team planned to inspect steep slope activities at road 30. However, TMEP representatives stated they had revoked the work authorization because some of the steep slope requirements still needed to be met by the Contractor.
     
•   Road 28 
  • Contractor representatives provided an overview of the work and discussed the site-specific hazards and controls. 
  • IOs were informed of and also observed language barriers between workers at this location. During the closing meeting, TEAM5B representatives told IOs translators and procedures written in Italian were available.
  • IOs observed ground workers outside the trench walking under the side boom counterweights contrary to controls identified in the FLHA. The site appeared to be designed to encourage workers to walk under the counterweights rather than take the long way around the fenced area. IOs observed walking paths under the counterweights of multiple side booms. WorksafeBC Inspectors addressed this matter at the time of the inspection. The walkway closest to the southernmost boom was fenced off before IOs left the site.
  • IOs observed contractor workers inside an excavation performing a tie-in weld. The confined space entry permits did not identify the need for respiratory protective equipment.
  • According to statements from the TMEP Welding Inspector overseeing the tie-in activity, workers do not normally wear respiratory protective equipment during tie-in welding.
•   Road 18/Ladner Creek 
  • IOs observed various tracked equipment operating on snow- and ice-covered roads. All equipment with steel tracks had corks or grousers with varying patterns and depths. TMEP FSI was unaware of any specific cork depth requirements or patterns. Vehicles with rubber tracks were also observed with different degrees of wear. 
    • IOs were told by the TMEP Spread 5b Project manager that TEAM5B contractors would be canvassed to create a minimum specification for the depth of corks on tracked equipment.  
      • Trans Mountain shall standardize the depth requirements for the corks across the project to ensure one consistent specification exists.   
  • TMEP personnel reported to the CER that after we departed from this location, a dump truck with a rubber track slid down on a minimal incline and rolled into the ditch. The incident was under investigation at the time of the CER departure.  
  • IO reviewed a lift calculation form prepared by the Contractor at Ladner Creek Bore. No deficiencies were noted. 
  • IO observed a tree marked with a double pink ribbon. When asked, the TMEP representative stated the double pink ribbon indicated danger tree assessors had assessed the tree to be safe. 
  • CER observed several generators and light standards that were not grounded. 
  • CER observed that flammable liquids and compressed gasses were stored appropriately and not in the shipping containers.  
  • CER observed that the stairs were built to ensure that workers had proper footing when walking up and down the embankment at this location.  
  • CER observed bags and cement blocks strategically placed at the bottom of the steep slope to protect TM line 1, workers, and traffic below from falling debris 
  • CER noted that every piece of heavy equipment observed was equipped with 2 and in some case 3 means of egress from the inside in case of emergency. Each piece of equipment observed was also equipped with emergency access from the outside.

• Road 70 
  • CER observed signage present at the entry of the work area notifying persons of the potential for silica in the area due to rock drilling 

• Road 71 
  • The site was very congested and had heavy traffic due to vehicles entering and exiting the area and rock trucks hauling rocks from the recently blasted tunnel face.  
  • Contractor personnel explained the rigorous measures in place for traffic management. An individual stationed at the entry was overseeing the movement of vehicles entering and exiting the site.  
  • TMEP field inspector for this location explained their role and the communication between themselves and the contractors.
     
• Road 77 
  • The inspection team attended road 77, marked as an environmentally sensitive area. 
  • CER observed that a generator not in use was sitting in a spill tray filled with water and angled so that the tray offered no spill protection. 
  • The excavation access was on a public roadway and the CER were told that no work had occurred or been planned at that location the morning of our visit. The CER observed that while fencing was present to block off the stairs, the stair access was open when the CER arrived; presumably, it was left open to public access overnight. In addition, the front side of the excavation was not fenced off in any way to prevent unintended access from the project personnel, the public, or animals.
     
• Popkum Laydown Yard
  • IAMC-TMX Indigenous Monitor observed a light-duty truck entering the yard carrying a load that extended beyond the back of the vehicle. No flagging or ribbon was visible as a marking to warn other vehicles. It was unclear if the load extended beyond the length that doesn't require marking. No items of non-compliance were issued for this observation.

Compliance tool used: No compliance tool used

Observation 2 - Inspection Officer Order BL-001-2022 - Respiratory Protection

Date & time of visit: 2022-12-19 12:00

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Limits of Exposure
• Workplace Practices
• Hot Work
• Confined Space
• Contractor Management & Oversight
• Responsibilities and Accountability
• Supervision, Inspection and Monitoring

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

RELEVANT FACTS

I, XXXXX, designated as a CER Inspection Officer (IO) under subsection 102(1) of the Canadian Energy Regulator Act (CER Act), believe the following are the relevant facts relating to the issuance of this Order: designated as a CER Inspection Officer under subsection 102(1) of the Canadian Energy Regulator Act (CER Act), believe the following are the relevant facts relating to the issuance of this Order:

On 6 December 2022, the CER conducted an inspection where it was observed that welders and welders’ helpers were welding in an area that project personnel had identified as a confined space. The contractor’s confined space documentation for this location identified ‘general dilution ventilation’ without the use of respiratory protective equipment (RPE) as a control. At the time of the inspection, the CER noted that both contractor and Trans Mountain Expansion Project (TMEP) representatives were overseeing the welding activities and did not demonstrate they were aware of the requirement in the TEAM5B Exposure Control Plan-Welding Process to wear RPE. This process is further discussed below.

The CER observed that the welding was being conducted inside a high arch trench box, inside an excavation. The top and both sides of the welding area were partially enclosed, and the work area was filled with visible welding fume. Trans Mountain did not demonstrate to the CER that partial enclosure achieved sufficient general dilution ventilation to reduce or minimize welding fume concentration to below applicable Occupational Exposure Limit(s) in the workers’ breathing zone.

On 7 December 2022 the CER was told by contractor representatives from ‘TEAM5B’ that an exposure control plan (ECP) was created in the summer of 2022. The inspection team was also told that workers were required to be fit tested and wear a P100 respirator during welding activities. The TEAM5B Exposure Control Plan-Welding Process dated 18 July 2022 states “A half mask respirator with a P100 Hepa Filter shall be considered the minimum acceptable level of respiratory PPE and shall be worn during all welding activities as the minimum protection from welding fumes.” The CER noted that most of the workers in the confined space were not clean shaven, demonstrating that the proper use of a P100 respirator is not a common practice.

The CER notes that the 6 December 2022 observation is a repeat non-compliance for Trans Mountain with respect to RPE and welding activities. On several inspections conducted since March 2020 across the TMEP, the CER observed that workers performing or participating in welding tasks were not consistently using RPE where required. During those inspections, when CER questioned welders and participating workers about the use of RPE, answers varied from it's a personal choice, it was not a requirement, there was fresh air ventilation, and/or that definitive guidance is not provided to them to aid in their decision making.

The ‘Health and Safety Management Plan TMEP’ Document # 01-13283-GG-0000-HS-PLN-0001 R5 Appendix A Section 31: Respiratory Protection 31.1.2 states “Any Contractor potentially exposed to hazardous atmospheres or substances in excess of permissible exposure limits must have applicable respiratory protection.”

Based on these observations, the CER IO is of the view that Trans Mountain’s oversight did not result in reasonable care to ensure safety of persons, and in work being carried out in accordance with the construction safety manuals. Therefore, the CER is requiring the company to take the measures described below.

SPECIFIED MEASURES

Trans Mountain must meet all requirements set out in section 94 of the CER Act, paragraphs 6.5(1)(f) and 6.5(1)(g) of the OPR, and subsection 54(1) of the OPR as they relate to exposure to airborne contaminants that may be generated by the specific welding, burning, or related processes. As the TMEP has activities occurring in the Provinces of Alberta and British Columbia, it must ensure that Occupational Health and Safety requirements of those jurisdictions are adhered to, including BC OHS Regulation s.5.53-5.55 and the Occupational Health and Safety Code Alberta Regulation 191/2021 ABOSHS244(1).

Trans Mountain shall:

Trans Mountain must meet all requirements set out in section 94 of the CER Act, paragraphs 6.5(1)(f) and 6.5(1)(g) of the OPR, and subsection 54(1) of the OPR as they relate to exposure to airborne contaminants that may be generated by the specific welding, burning, or related processes. As the TMEP has activities occurring in the Provinces of Alberta and British Columbia, it must ensure that Occupational Health and Safety requirements of those jurisdictions are adhered to, including BC OHS Regulation s.5.53-5.55 and the Occupational Health and Safety Code Alberta Regulation 191/2021 ABOSHS244(1).

Compliance tool used: Inspection Officer Order (IOO)

Regulatory requirement:

• Canadian Energy Regulator Act (CERA)

Relevant section(s):

• • General Duty
    • Reasonable care
      94 The holder must take all reasonable care to ensure the safety and security of persons, the safety and security of regulated facilities and abandoned facilities and the protection of property and the environment.

Company action required:

1. By 10 February 2023, provide to the Inspection Officer for review, an air monitoring study (Study) of pipeline welding fume exposure. The Study must demonstrate welders, support workers’, and TMEP inspectors’ breathing zone exposure levels on all sides of the pipe where routine pipe welding activities would occur. The Study must also assess breathing zone exposure levels of workers conducting and participating in the welding activities inside pipeline welding enclosures. Suggested (but not required) factors to consider in the Study:

1. Type of welding rod (include the applicable Safety Data Sheet)

Due date: 2023-02-28

Date closed: 2023-03-10
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 3 - CNC 1 - Open excavation road 77

Date & time of visit: 2022-12-08 10:30

Discipline: Safety Management

Categories:

• Workplace Practices
• Ground Disturbance Activities

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

CER Inspection Officers (IOs) observed an excavation adjacent to a public roadway. TMEP told IOs that no work had occurred or been planned at the location that day. IOs observed that while fencing was present to block off the stairs, the stair access was open when the CER arrived; presumably, it was left open to public access overnight. In addition, the front side of the excavation was not fenced off in any way to prevent unintended access from the project personnel, the public, or animals.

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

Regulatory requirement:

• Project-specific plan or procedure
• TMEP Health and Safety Management Plan, Revision 5 (TMEP Doc No. 01-13283-GG-0000-HS-PLN-0001 R5)

Relevant section(s):

• Appendix A 28.1 Contractor must protect the public with appropriate and visible protective systems when the public could be exposed to hazards.

Company action required:

TMEP shall ensure the excavation at road 77 is secured in accordance with the HSMP and PSSP.

Due date: 2022-12-08

Date closed: 2022-12-08
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 4 - NNC - Contractor oversight

Date & time of visit: 2022-12-06 15:00

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Limits of Exposure
• Workplace Practices
• Confined Space
• Contractor Management & Oversight
• Supervision, Inspection and Monitoring

Facility:

Observations:

CER Inspection Officers (IOs) observed and were informed that Trans Mountain inspectors are regularly in the field and conducting inspections. The CER notes that while the Trans Mountain craft and safety inspection team is conducting inspections and verifying the safety of workers in the field, there appears to be a focus on acute hazards rather than chronic hazards, in addition to safeguarding. Examples include: 

• Lack of or improper use of respiratory equipment when exposed to welding fume(road 28) and rock dust (road 70); and 
• Inadequate guard rails and or setback for fencing around open excavations (road 77). 

Orders to address the deficiencies noted in the CER's observations have been issued to TEAM5B by WorkSafeBC. 

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

Regulatory requirement:

• Onshore Pipeline Regulations (OPR) 2020-03-16

Relevant section(s):

• • 18
    • (1) If a company contracts for the provision of services in respect of the construction of a pipeline, the company shall
      • (b) inform the contractor of all special safety practices and procedures necessitated by the conditions or features specific to the construction;
      • (c) take all reasonable steps to ensure that construction activities are conducted in accordance with the manual developed under section 20; and

Company action required:

1. Trans Mountain shall develop a corrective action plan to address the described deficiencies. The corrective actions shall be implemented across the Trans Mountain Expansion Project and not restricted to Spread 5B. The corrective action plan shall outline the dates for implementation across the project. CER will verify the implementation of the corrective actions across the project during future CVAs. 
    
2. Further, Trans Mountain has a requirement to ensure that its contractors meet their provincially legislated requirements, including all WorkSafeBC requirements. Trans Mountain shall ensure that all issues identified by WorkSafeBC during this inspection are shared with and equally addressed by all of its contractors in British Columbia.   
    
3. Similarly, Trans Mountain shall review the Alberta Occupational Health and Safety legislation with respect to the issues identified by WorkSafeBC and ensure that these issues are identified and addressed (where applicable in legislation) with all contractors in Alberta.  

Due date: 2023-02-03

Date closed: 2023-03-10
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 - Electrical grounding

Date & time of visit: 2022-12-07 12:24

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Electrical Safety

Facility:

• TRANS MOUNTAIN EXPANSION PROJECT (Pipeline)

Observations:

CER Inspection Officers (IOs) observed several generators and light stands at road 18 that were not grounded. No information was provided to the IOs during the inspection indicating that the generators did not require grounding. The generators in question appeared not to be the type that does not require grounding, such as the light stand at road 71. Per the TMEP HSMP - Appendix A section 10.2.4 All electrical equipment must be properly grounded and/or bonded.

Post inspection:

• The CER were provided with documentation dating back to 2021 where a variance was issued to KBTP. It stated "KBTP has opted to follow the Canadian Electrical Code CSA Standard C22.1 which requires no ground rod when the generator is less than 750 volts and where the neutral conductor is bonded to the frame." 
• Trans Mountain took took the following actions to address the CER's concerns. 
  • Spread 5 to develop and communicate to the spread a daily safety bulletin on
    grounding and bonding requirements. including how to recognize
    when mobile electrical equipment is required to be grounded.
    Implement the use of stickers or similar means of visible identifiers
    or markings on all mobile electrical equipment (generators, light
    plants etc.) that identifies whether the equipment is or is not
    required to be externally grounded.
  • Trans Mountain will update the Induced Voltage (Electrical) focus
    inspection to include inspection against grounding and bonding
    requirements.
  • Trans Mountain will issue a Safety Bulletin to re-iterate grounding
    and bonding requirements. 

Compliance tool used: No compliance tool used

Observation 6 - NNC - walking under counterweights road 28

Date & time of visit: 2022-12-06 15:00

Discipline: Safety Management

Categories:

• Workplace Practices
• Procedures/Work Instructions
• Contractor Management & Oversight
• Supervision, Inspection and Monitoring
• Equipment, Tools, Machinery
• Motor Vehicles and Mobile Equipment

Facility:

Observations:

CER Inspection Officers (IOs) performed an inspection at road 28. Several side booms were observed holding suspended loads with counterweights extended. During the FLHA review, the contractor told CER not to walk under the side boom counterweights. Despite this, CER observed workers walking under the extended boom and the counterweights of the side boom due to the site congestion. The practice continued even after WSBC Officers stood down the work to address this and other issues on the site.

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

Regulatory requirement:

• Onshore Pipeline Regulations (OPR) 2020-03-16

Relevant section(s):

• • 6.5
    • (1) A company shall, as part of its management system and the programs referred to in section 55,
      • (f) establish and implement a process for developing and implementing controls to prevent, manage and mitigate the identified hazards, potential hazards and risks and for communicating those controls to anyone who is exposed to the risks;

Company action required:

1. Describe the actions TMEP will take to prevent a recurrence of the unsafe situation described in the observation.

Due date: 2023-01-13

Date closed: 2023-02-27
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: