Compliance Verification Activity Report: CV2223-118 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Emergency Response Exercise

Team:

• Inspector 2470
• Inspector 2460

Regulated company: Trans Mountain Pipeline ULC

Operating company: Trans Mountain Pipeline ULC

Province(s) / Territory(s):

• Alberta

Discipline(s):

• Environmental Protection
• Emergency Management
• Safety Management
• Indigenous Monitoring

Related events:

• CV2223-121

Rationale and scope:

[Ensure TMPU is prepared to respond to an emergency. Verify that response actions are based on the EPM and company procedures (is the company doing what it said it would do); assess whether the EPM and procedures protect the health and safety of the public and responders, property and the environment; determine whether exercise objectives were met; and ensure that no effects or potential effects result from participants’ actions or lack of actions. Full scale exercise on 21 June 2022 which will include IMs and external parties.]

Compliance tool(s) used:

• Notice of Non-compliance (NNC) (1)

Facility details

Facilities:

• Mainline
• GAINFORD

Facility Types

• Pipeline
• Pipeline

Life-cycle Phases

• Operations

Regulatory requirements

Regulatory requirements that apply to this activity:

• Canada Labour Code (CLC)
• Canada Labour Code (CLC) 2021-12-29
• Canadian Energy Regulator Act (CERA)
• Canadian Energy Regulator Act (CERA)
• Canadian Energy Regulator Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies
• Onshore Pipeline Regulations (OPR) 2020-03-16
• Plans And Procedures
• Emergency Response Plan (ERP)
• Trans Mountain Emergency Response Plan for Pipelines
• Project-specific plan or procedure
• Trans Mountain Human Resources Policies and Guidelines - Respect in the Workplace
• Standards
• CSA Z246.2 - Emergency Preparedness and Response for Petroleum and Natural Gas Industry Systems
• CSA Z662-19 - Oil and Gas Pipeline Systems

Observations (no outstanding follow-up required)

Observation 1 - Background Information and Exercise Objectives

Date & time of visit: 2022-11-09 08:00

Discipline: Emergency Management

Categories:

• Exercise Planning and Conduct
• Scenario Briefing
• Scope of Exercise
• Exercise Objectives

Facility:

• Mainline (Pipeline)

Observations:

A Canada Energy Regulator (CER) Emergency Response Exercise Evaluation Team (evaluation team) attended the Trans Mountain Training Day (November 8th) and the Trans Mountain Alberta District Full Scale Exercise (November 9th) at the Coast West Edmonton Hotel and Conference Centre and at the Trans Mountain Gainford Station, approximately 80 kilometers west of the hotel. The evaluation team included 3 CER Emergency Management Specialists – one of which participated in Unified Command, 1 CER Safety Specialist that participated as a Safety Officer, 2 CER Environmental Specialists – one of which participated in the Environment Unit and 1 CER Communications Specialist that participated as an Information Officer. As indicated by Trans Mountain, the exercise was focused on providing an opportunity for response personnel to demonstrate and practice the implementation of the Trans Mountain Pipeline Emergency Response Plan (ERP) for an incident originating from the Trans Mountain Pipeline and impacting Wabamun Lake.

Exercise Objectives:
ICP Objectives

• Establish a functioning Incident Command Post (ICP) supported by in-person responders appropriate for the scenario.
• Implement the Incident Command System (ICS) Planning Cycle through to successful completion of the Tactics Meeting.
• Complete objectives as assigned by Unified Command (UC) and respond to injects provided by the Sim Cell.
• Demonstrate the ability to contain and recover released product with the appropriate response equipment.
• Demonstrate the ability to effectively communicate and share information between field responders and the ICP.
• Prepare for and conduct a simulated press briefing with members of UC.
• Develop a draft Community Air Monitoring Plan.

• Demonstrate the ability to effectively share information between field responders and the ICP.
• Identify Hot/Warm/Cold Zones and establish an effective onshore decontamination corridor utilizing equipment found within Trans Mountain’s Decontamination Trailer.
• Demonstrate the implementation of emergency procedures ensuring the safety of personnel by:
  • Assigning a Safety and Environmental Watch.
  • Conducting a tailgate meeting and review of the Initial Site Health & Safety Plan with all responders prior to deployment of equipment.
  • Implementing responder air monitoring throughout the duration of the exercise.
• Demonstrate the safe deployment of response strategies associated with Control Point 06-04 of the Alberta District Geographic Response Plan (GRP). Note that an alternative deployment strategy was chosen based on lake conditions at the time of the exercise.
• Confirm that oil spill response equipment selected as part of the deployment strategy functions safely and as designed.

• • Notification & Reporting
  • Environment
  • Safety
  • Response management
  • Communications
  • Interoperability with response agencies and organizations

Compliance tool used: No compliance tool used

Observation 2 - Notification and Reporting

Date & time of visit: 2022-11-09 08:00

Discipline: Emergency Management

Categories:

• Notification and Reporting
• Notification & Reporting as per EPM
• Incident Classification

Facility:

Observations:

The level of emergency was determined to be a Level 3 in accordance with the company's ERP and Incident Classification Matrix.  An incident name was established, and external notifications were simulated as part of the scenario as per incident reporting requirements under the OPR. Notifications were conducted as per the Trans Mountain Pipeline ERP and GRP’s and were placed in an appropriate time.

CER staff observed that Trans Mountain took the opportunity to use the exercise function in the online event reporting system (ERS) and promptly made the required notification to the CER.
 

Compliance tool used: No compliance tool used

Observation 3 - Environment

Date & time of visit: 2022-11-09 08:00

Discipline: Environmental Protection

Categories:

• Water Bodies - Non-Fish-bearing
• Chemical Spills/Releases
• Soils and Soil Productivity
• Chemical Spills/Releases
• Surface Water Management
• Surface Water Management Plan
• Groundwater
• Chemical Spills/Releases
• Air Quality
• Emissions Control/Monitoring
• Housekeeping
• Waste Management
• Water Bodies - Fish-bearing
• Chemical Spills/Releases
• Wildlife
• Species of Concern
• Vegetation
• Species of Concern

Facility:

• Mainline (Pipeline)

Observations:

• The Environment Unit had approximately 15 people working within it. Three different consultant companies were involved with the Environment Unit and each company provided additional Technical Resources in their respective home offices.
• The ICS 232 (Resources at Risk Summary) form was under development by 09:40 and completed and sent to Planning Section by 11:00.
• The County of Parkland initiated contact with DFO and ECCC about the incident at approximately 10:00.
• The plans developed by the Environment Unit (with the consultants) included Archaeological, Waste, Air, Water and Sampling and were reviewed by the Environment Unit Team Lead. All were at a reasonable level of detail and development for the time frames involved in the exercise.
• The Environment Unit team members were well versed in the use of ICS and had multiple deputies available to assist the Unit Leader with his work. There was also a coach available to assist and guide the Environment Unit Leader, although it didn’t appear that much coaching was required.
• CER staff observed that the Environment Unit was successful in meeting all of its goals/milestones for the exercise.

Compliance tool used: No compliance tool used

Observation 4 - Safety

Date & time of visit: 2022-11-09 08:00

Discipline: Safety Management

Categories:

• Training and Competency
• Training, Competency and Qualification
• Workplace Practices
• Ground Disturbance Activities
• Safe Work Permits
• Duties and Responsibilities
• Job/Task Safety Analysis
• Procedures/Work Instructions
• Traffic Control
• Access to hazardous areas
• Contractor Management & Oversight
• Responsibilities and Accountability
• Supervision, Inspection and Monitoring
• Performance Evaluation
• Hazard Management
• Management of Hazardous Materials & Substances
• Equipment, Tools, Machinery
• Use, Operation, Repair and Maintenance of Tools and Machinery

Facility:

• Mainline (Pipeline)

Observations:

• The Safety section created a Safety sheet listing Safety Objectives that need to be completed and would check off each objective once completed. The Safety sheet was taped to the wall directly beside the Safety Team table that provided real time visibility by illustrating when a safety objective had been completed. There was also a Safety sheet organization chart with assigned roles (i.e., Safety Manager, Deputy Safety Officer, Medical Officer, etc.) for the exercise placed on the wall.
• The Safety section worked with the Operations section to ensure three safety controls zones were established to address the release (A, B, & C zones). Personal Protective Equipment (PPE) was specified for workers that would be working or accessing each control zone. The Safety section worked well with the Operations section in gathering both the Traffic Management Plan and keeping current on the wind direction at the spill location.
• A Site Health and Safety Plan (SHSP) and a Medical Plan were developed in the ICP, this task was completed primarily by the Medical Officer with the Safety Officer and Deputy Safety Officer providing input. Safety Officers developed the Hazard Risk Analysis Worksheet (ICS 215a). The ICS 215a identified potential hazards (air quality) associated with the proposed activities detailed in the Operational Planning Worksheet (ICS 215) developed by the Operations section, and recommended mitigation measures from a Safety Perspective. The 215a Safety Officers Form listed objectives that lead to Tactics leading to the Safety Plan. The Safety Officer and Deputy Safety Officer presented the Hazard Risk Analysis at the Tactics Meeting where they identified potential Safety Issues and recommended mitigation measures. The CER Safety Specialist in the ICP was satisfied that Safety Officer functions were well staffed.
• Documentation with the Safety section was complete, organized, and easy for all safety team members to access in MS Teams. Good communication skills both verbally and written was observed by CER Safety specialist for the TM Safety section.
• Throughout the exercise, the safety requirements were evaluated, and adapted to address changes in the field to mitigate potential safety concerns associated with the TM exercise injects.
• During the training day on November 8, a Trans Mountain contractor was observed not wearing safety glasses. This was of higher concern during demonstration of hydraulic pump set up very shortly after it was shared with the participates that safety glasses should be worn when working with the hydraulic pumps, noting high pressures in the hydraulic lines. The Trans Mountain Senior EHS Advisor, Alberta District reminded participants about PPE requirements at the end of the training day and PPE requirements were again reviewed on the exercise day. All participants and contractors wore safety glasses during the exercise day on November 9.

Compliance tool used: No compliance tool used

Observation 5 - Response Management

Date & time of visit: 2022-11-09 08:00

Discipline: Emergency Management

Categories:

• Exercise Planning and Conduct
• Scenario Briefing
• Site-specific Hazards
• General Safety Briefing
• Scope of Exercise
• Participant Package
• Exercise Objectives
• Post Exercise
• Debrief Meeting
• Participant/Stakeholder Feedback
• Evaluation Against Objectives
• Response Management
• Roles and Responsibilities
• Emergency Procedures Manual
• Span of Control
• Response Priorities/Incident Objectives
• Response Structure
• Mobilization of Resources/Equipment
• Operational Period
• Meetings & Briefings
• Incident Status Board
• Maps and Modeling
• Response Tactics
• Site Layout
• Plans and Procedures
• Site Security/Access Management
• Control Points
• Hazard Monitoring
• Deployment of Containment Equipment
• Protection of Environmental Receptors
• Protection of People
• Emergency Response Manual
• Document Control
• Definition and Levels of Emergency
• Initial Actions and Response
• Emergency Response Procedures
• Roles and Responsibilities
• Product Information
• Hazards and Site Safety
• Communication
• Emergency Response Equipment and Supplies
• Internal and External Notification and Reporting
• Public Safety Measures
• Incident Response Summary
• Company Response – Immediate Actions
• Participating Entities
• Regulatory Oversight & Jurisdictional Authorities
• Indigenous Advisory Monitoring Committee (IAMC) / Indigenous Monitor (IM) Involvement

Facility:

• Mainline (Pipeline)

Observations:

• UC was established and all four Sections (Planning, Logistics, Finance/Admin and Operations) of the ICS were staffed by Trans Mountain employees and other participating agencies and organizations.
• Appropriate objectives and priorities were developed by UC in a collaborative and consensual manner. The eight objectives established by UC were thorough and appropriate and guided the supporting strategies and tactics.
• An incident briefing was conducted by the initial Trans Mountain IC using the Incident Briefing form (ICS 201) and command was transferred to the incoming Trans Mountain Incident Commander (IC) who acted as the Trans Mountain IC within UC.
• The IMT addressed exercise injects efficiently by communicating or interact with other team members and then reply to the exercise moderator with the desired reaction. The responses were logged and analyzed to determine if the expected action was taken. 
• CER staff noted that the flow of the exercise followed the appropriate steps of the Planning “P” and execution of the ICS.
• CER staff participated in the field portion of the exercise and observed Trans Mountain included highlighting priorities for the response (protection of life and protection of company reputation), development of a plan for containment, identification of resources and assignments. CER staff also observed implementation of the planned response which included field setup inverted weir with sandbags, setup of water gate, installation of plywood at the culvert, and setup of a decontamination area. 

Compliance tool used: No compliance tool used

Observation 6 - Communications

Date & time of visit: 2022-11-09 08:00

Discipline: Emergency Management

Categories:

• Communications
• External Comms Strategy
• Internal Comms Strategy
• Organization of Stakeholders
• Coordination with Responders
• Response Management
• Roles and Responsibilities
• Emergency Response Manual
• Communication
• Incident Response Summary
• Company Response – Immediate Actions
• Participating Entities
• Regulatory Oversight & Jurisdictional Authorities
• Indigenous Advisory Monitoring Committee (IAMC) / Indigenous Monitor (IM) Involvement

Facility:

• Mainline (Pipeline)

Observations:

• The Communications Section was very well-organized, and the roles were well-defined.
• Team members in the Communications/PIO section were collaborative and professional.
• The knowledge gatherers, Liaison Officers (LO) and Public Information Officer (PIO) frequently shared information and updates with other ICP members and agencies to help inform message development and media responses.
• The exercise was a good training opportunity for first time Trans Mountain team members in the Communication/PIO Section to learn together.

Compliance tool used: No compliance tool used

Observation 7 - Interoperability with response agencies and organizations

Date & time of visit: 2022-11-09 08:00

Discipline: Emergency Management

Categories:

• Post Exercise
• Debrief Meeting
• Participant/Stakeholder Feedback
• Evaluation Against Objectives
• Response Management
• Roles and Responsibilities
• Response Priorities/Incident Objectives
• Operational Period
• Meetings & Briefings
• Emergency Response Manual
• Roles and Responsibilities
• Incident Response Summary
• Regulatory Oversight & Jurisdictional Authorities

Facility:

• Mainline (Pipeline)

Observations:

• CER staff participated in the Day 1 Training Sessions. EM-related presentations were delivered by Parkland County, Alberta Emergency Management Agency, and Trans Mountain.
• Following transfer of command from the initial on-scene IC, a UC was formed with representatives from Trans Mountain, Canada Energy Regulator, and the Parkland County (supported by Alberta Emergency Management Agency). UC worked together in a cooperative, efficient manner.
• Like Trans Mountain, other members of UC were able to fulfill their roles and assisted the responsible party, Trans Mountain, in effective spill response that focused on the primary goals of safety, stabilization of the incident, and environmental protection.
• Inclusion of potential Indigenous concerns was considered through active participation of Indigenous representatives within the IMT, internal Trans Mountain confidentiality protocols for sites of Indigenous significance, and triggering of the Chance Find Protocol.
• CER staff are of the view that the exercise objectives were met, and the skills gained through the exercise will contribute to the efficacy of Tans Mountain’s broader emergency management program, particularly in areas related to response planning and tactical response, safety, and interoperability with response agencies and organizations.

Compliance tool used: No compliance tool used

Observation 8 - NNC - Offensive Materials on Hardhat

Date & time of visit: 2022-11-09 08:00

Discipline: Management System

Categories:

• Policy and Committment
• Leadership Accountability

Facility:

• Mainline (Pipeline)

Observations:

During the Training day portion of the EM exercise held at the Trans Mountain Gainford Station, CER Inspection Officer (IO) observed an offensive hardhat sticker on the back of a worker’s hat.  The sticker was a homemade label maker type of sticker citing a sexually suggestive term. The CER IO raised their concerns directly with the worker stating it was offensive and not appropriate for the workplace. The worker immediately removed the sticker. The IO also shared the issue with the Senior EHS Advisor, Alberta District who was on site for the training and exercise.
CER IO notes that inappropriate materials have been identified on several other activities:

• CV2223-129 hardhat sticker of a rat in a red circle with a diagonal line through it and a confederate flag on a private vehicle on the RoW
• CV2223-121  hardhat sticker of an offensive hand gesture and an individual’s initials on it
• CV2122-121 inappropriate drawing on cardboard pipe cap
• CV2122-107 sexually suggestive hardhat sticker
• CV2021--199 two inappropriate hardhat stickers - one sexually suggestive and the other with offensive language

• offensive jokes or remarks;
• bullying;
• derogatory comments about gender, race, religion, cultures or traditions, or other identity characteristics;
• disparaging comments intended to damage personal or professional reputation;
• displaying sexually explicit materials such as stickers, posters or clothing;
• abusive or aggressive conduct; and
• threatening gestures and unwelcome physical contact, including physical or sexual aggression or assault in any form. 

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

Regulatory requirement:

• Project-specific plan or procedure
• Trans Mountain Human Resources Policies and Guidelines - Respect in the Workplace

Relevant section(s):

• Human Resources Policies and Guidelines for Canadian and U.S. Employees - Respect in the Workplace Policy The Company is committed to a work environment free from harassment, bullying, discrimination and violence for all of its employees. This policy prohibits, and is intended to prevent harassment, bullying, discrimination and violence of any type in the workplace, and to promote a workplace where employees and customers alike are treated with dignity and respect and are safe from physical and/or psychological harm. The prohibition against workplace harassment, bullying, discrimination and violence extends to all Company facilities and to all employees during the course of their employment, which includes business travel, off-site meetings, or Company social events. Examples of harassment include: - Further, the prohibition extends to all forms of workplace communication, including personal interaction, and any communication by email, telephone, or in writing, as well as social media.

Company action required:

Corrective actions were issued as part of CV2223-121 (Field Inspection, Spread 3/4A) and are expected to address this non-compliance. The sticker observed on site was immediately removed.  No additional corrective actions or submissions are required to address this NNC in this activity.

Due date: 2023-11-09

Date closed: 2022-11-09
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: Full relief granted

Compliance achieved: Yes

Observations (company follow-up required)

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