Compliance Verification Activity Report: CV2021-511 - TransCanada Keystone Pipeline GP Ltd.

Overview

Compliance verification activity type: Field Inspection

Activity #: CV2021-511
Start date: 2021-01-27
End date: 2021-01-29

Team:

Regulated company: TransCanada Keystone Pipeline GP Ltd.

Operating company: TransCanada Keystone Pipeline GP Ltd.

Province(s) / Territory(s):

Discipline(s):

Related events:

Rationale and scope:

Follow up to serious injury incident INC 2021-004 including implementation of immediate corrective and preventative actions; observe ongoing construction activities.

Compliance tool(s) used:

Facility details

Facilities:

Regulatory requirements

Regulatory requirements that apply to this activity:

Observations (no outstanding follow-up required)

Observation 1 - General Observations

Date & time of visit: 2021-01-27 14:30

Discipline: Safety Management

Categories:

Facility:

Observations:

Compliance tool used: No compliance tool used

Observation 2 - General Observations - Incident Follow-Up

Date & time of visit: 2021-01-28 09:00

Discipline: Safety Management

Categories:

Facility:

Observations:

Compliance tool used: No compliance tool used

Observation 3 - Canada Labour Code Part II

Date & time of visit: 2021-01-27 13:30

Discipline: Safety Management

Categories:

Facility:

Observations:

CER Inspectors observed that this was a construction type inspection and that work was being performed by contractors with Company oversight.
Inspectors explained the Canada Labour Code Part II application is to employers covered by the Code and their employees.

Compliance tool used: No compliance tool used

Observation 4 - CNC 1 - Emergency Preparedness

Date & time of visit: 2021-01-28 14:00

Discipline: Safety Management

Categories:

Facility:

Observations:

  • CER Inspection Officers (IOs) questioned a Foreman regarding the procedure to follow if a worker was injured and needed medical assistance. 
    • ​Foreman indicated he would contact the medic on his cell phone, and presented a document titled ‘Emergency Response Plan Flash Card’, rev.2 which was readily available in his truck. The flash card listed the phone number for the medic.  
    • Since work on the spread involves areas with no cell phone coverage, IOs asked how the medic would be contacted if there was no cell coverage. Foreman replied he would have to drive until he had cell coverage and then phone the medic. 
    • Although the radio channel for the medic was listed on the daily toolbox talk, Foreman was not aware the medic could be contacted by radio. The radio channel for the medic was not listed on the flash card. 
    • During the discussion, one company representative stated the medic could be contacted on channel 2 (LADD-1). Another company representative stated the medic could be contacted on LADD-2.  
  • Foreman subsequently performed a radio check on Michel’s channel 2 (LADD-1). The medic responded within a few minutes. 

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Ensure the ‘Emergency Response Plan Flash Card’ instructs workers how to initiate an emergency response including areas with no cell phone coverage. 

Due date: 2021-01-29

Date closed: 2021-01-29
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 - CNC 2 - Covid-19 Visitor Screening

Date & time of visit: 2021-01-28 09:00

Discipline: Safety Management

Categories:

Facility:

Observations:

IOs observed that Covid-19 visitor screening was not performed in according to the written procedures submitted to the CER on 20 Nov 2020 ‘MICHELS – OYEN KEYSTONE XL - HANDHELD TEMPERATURE SCREENING PROJECT SPECIFIC PROCEDURE’. 

  • On 27 Jan 2021 CER IOs arrived at the Oyen yard and proceeded to the security screening checkpoint as directed by a roadside sign. While at the checkpoint, wrist temperatures were taken using a non-contact infrared thermometer, but no Covid-19 screening questions were asked. 
    • ​IOs noted their measured temperatures to be 35.3ºC and 34.1ºC respectively, and they were permitted to enter the site.
    • No Covid-19 screening questions were asked of either IO.
  • On 28 Jan 2021 CER IOs again arrived at the yard and proceeded to the security checkpoint.  
    • IO #1 noted their measured temperature to be 32ºC. 
    • IO #2 was not subjected to temperature screening initially but had to prompt the security guard to take a temperature measurement.
    • No Covid-19 screening questions were asked of either IO.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Ensure Covid-19 visitor screening is performed in accordance with written procedures.

Due date: 2021-01-29

Date closed: 2021-01-29
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 6 - IR 1 - Trench Box JHA

Discipline: Safety Management

Categories:

Facility:

Observations:

CER IOs learned through inquiry that construction activities involve both the assembly and disassembly of trench boxes by craft workers. The following documents were also reviewed.

The 'control measures' related to assembly do not contain a reference to manufacturer's specifications and the JHA does not identify hazards related to disassembly.

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Provide evidence that TC Energy has identified, analyzed, and mitigated hazards related to the assembly and disassembly of trench boxes for the Keystone XL project that includes the requirement to following manufacturer's specifications.
  Describe the process used to communicate the mitigations referenced above to workers tasked with assembly and disassembly of trench boxes.

Due date: 2021-03-02

Date closed: 2021-03-02
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.

Reason closed: Requirement met

Compliance achieved: Yes

Observation 7 - IR 2 - Company Indigenous Monitors

Discipline: Indigenous Monitoring

Categories:

Facility:

Observations:

CER Inspection Officers (IOs) and Indigenous Monitors (IMs) learned during the opening meeting that company IMs were not present at this stage of the project to observe construction activities.

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Provide the schedule for when/if IMs will be returning to the project to oversee construction activities.

Due date: 2021-02-19

Date closed: 2021-02-25
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 8 - Indigenous Monitor Observation - Métis Nation of Alberta

Date & time of visit: 2021-01-27 13:30

Discipline: Indigenous Monitoring

Categories:

Facility:

Observations:

Additional observations recorded by Indigenous Monitors particiopating in the CER inspection. Any compliance related observations that require specific regulatory follow-up have been recorded above.
 
INDIGENOUS MONITORING INSPECTION REPORT FOR THE CANADA ENERGY REGULATOR COMPLIANCE VERIFICATION INSPECTIONS: KEYSTONE XL PIPELINE PROJECT
 
CV2021-511: Safety Program Inspection
 
Prepared for: Canada Energy Regulator
Calgary, Alberta
  
Prepared by:
Dave Trotter
 
In association with:
 
Apeiron Resources Limited Calgary, Alberta
 
and

Canada North Environmental Services Saskatoon, Saskatchewan
 
February 7, 2021
 
1.0       INTRODUCTION
 The week of January 25th, the Canadian Energy Regulator (CER) conducted a Safety Program Compliance Verification Activity (CVA).  The emphasis of the inspections scope is the proponent’s safety program requirements, other issues of non-compliance related to other program requirements will be appropriately addressed.
 
Also, provided from an environmental perspective was the opportunity to view construction activities and environmental compliance activities.
 
2.0       OBSERVATIONS
 
2.1 COVID-19 Safety Practices and Safety Plans 
At each daily pre-inspection opening meeting, we discussed the importance of examining COVID-19 Protocols and safety protocols of employees working on the RoW.  During these daily pre-inspection meetings, we reviewed the areas that were going to inspected, considering weather conditions, road conditions slips-trips and falls, hazard assessments and incident reporting procedures.  We also reviewed the TC Energy’s “Life Saving Rules”. The CER Inspection Officers reviewed the Emergency Response Plans, including working in remote areas protocols.
 
We also discussed Covid19 Rapid Testing, we learned that testing nose swap results 1 to 6 hrs conducted by advance care Paramedics.
 
The top three hazards identified on worksites:
  • Covid19
  • Driving
  • Working around equipment
 
2.2 Construction Safety Practices and Safety Plans 
During the inspection there were several opportunities to discuss safety protocols and plans on the RoW. The observations documented are the sites that were part of the  inspections.

Near area 54+0+90 we stopped to discuss safety protocols for lowering pipe in the open ditch with a boom equipment operator and pickup points on the pipe. We discussed open ditch slope grade and how it is determined where to install safety shoring used for worker protection while they are working in the ditch. Inspect dozer for fire extinguisher locking pins and operator pre work check list and discuss worker training protocols.

A Hydrovac operation was inspected. Checked that the operators were wearing proper PPE. The hydrovac operation was being conducted under a hot line (producing line) mitigation in place and the area roped off properly.
 
Near area 58+711 inspected a high hoe operation. We had the opportunity to interview the operator about their job on the row and review their pre-work list.
 
Near area 54-7-100 inspected a pipe welding and welding cable grounding procedure. The operator explained the angle grinder safety. We had an opportunity to inspect the ladders that were in place and ensure they were 3 ft above the ditch and anchored off. At this inspection site, spread boss shared with us the correct procedure for contacting a medic in case of a emergency in a remote area.
 
2.3 Vegetation Observation 
 Along the Row, noticed a Rare plant area. Mitigation in place area roped off and signage in place and ground cloth covered area where spoil pile touched up against the grass.
 
3.0     NON-COMPLIANCES/COMPANY FOLLOW-UP REQUIRED           
On arriving at the inspection site, the Covid19 security measures in place at gate were careless. The security gate guard did not have a communication device.  Meet with proponent safety personal and discuss Covid19 security and improvements were made.
 
4.0     SUMMARY
Overall, my experience conducting this COVID-19 Safety Inspection with CER Inspection Officers’ provided me an excellent opportunity to expand my skills as an Indigenous Monitor (IM).  The overall experience has provided me with the tools and knowledge to analyze and inspection pipeline safety protocols in the workplace.
 
With clearly defined direction and detailed discussion inclusive of opportunities of Indigenous engagement, I felt fully engaged in this inspection.

It was a good inspection overall, and the proponent and prime contractor are doing a excellent job with workplace safety and Covid19 protocols.

 
                                
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Compliance tool used: No compliance tool used

Observation 9 - Indigenous Monitor Observations- Thunderchild First Nation

Date & time of visit: 2021-01-27 13:30

Discipline: Indigenous Monitoring

Categories:

Facility:

Observations:

Additional observations recorded by participating in the CER inspection. Any compliance-related observations that require specific regulatory follow-up have been recorded above.

Indigenous Monitor Observations and Report

DATE: January 27th -29th, 2021                                                         
X-TEC PROJECT: CV2021-511
INDIGENOUS TECHNICIAN:  Angela Lister                                        
PROJECT NAME: Keystone KXL Pipeline
PROJECT TYPE: Safety Inspection
LOCATION: Oyen                                                                                 
 

1.0 INTRODUCTION
The CV2021-511 Safety Inspection on the KXL Pipeline took place in Oyen AB, from January 27th-29th 2021. On the 27th the IM’s and CER Inspections officers met in Oyen and arrived at the Michels yard unannounced. After waiting a couple hours for the reps to arrive we had our opening meeting and reviewed the scope of the inspection and prepared for the following days. Each day we had the Michels orientation and reviewed the site FLHA presented by the TMX Safety Lead.

2.0 OBSERVATIONS

2.1 Safety
  • The security visitor check stop was lacking upon arrival, they just took our temperature and did not ask screening questions. On the last day of the inspection they had replaced that worker and were now able to meet expectations. 
2.2 Environmental
  • Any environmental features that were seen were all properly labelled with appropriate mitigations in place.            
2.3 Other observations
  • Kp 54-090
    • Checked safety sheets on a Dozer and an excavator.
    • observed the tie in crews and talked to the foremen.
    • No issues with having proper safety measures in place.
  • Kp 58+711
    • Talked to more operators and checking equipment and safety daily inspection sheets.
  • Kp 54+ 100
    • observing the tie ins and checking equipment in the area.
    • The lead on site was unaware that the medic could be reached by via radio, it was noted by the IO’s and that information will be added to the flash cards on every site.
             
3.0 TRADTITIONAL KNOWLEDGE
  • The IM’s had finished their training course before Christmas was over, so there was no IM’s present during this inspection as they have not yet returned from their break.  
 
4.0 NON-COMPLIANCES/COMPANY FOLLOW UPS
  •  All NNC and CNC were completed by the Safety Inspection Officers
 
5.0 INSPECTION SUMMARY
  • This inspection was great to be a part of, I was impressed with the flow of the inspection considering the company was unaware of our arrival.  The improvements to the safety measures regarding Covid-19 was great to learn about and the camp has stayed 100% Covid-19 free.

Compliance tool used: No compliance tool used

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