Compliance Verification Activity Report: CV2122-183 - NOVA Gas Transmission Ltd.

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 2935
• Inspector

Regulated company: NOVA Gas Transmission Ltd.

Operating company: TransCanada PipeLines Limited

Province(s) / Territory(s):

• Alberta

Discipline(s):

• Safety Management
• Indigenous Monitoring

Rationale and scope:

NGTL 2021 - Brewster Section: 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.

Compliance tool(s) used:

• Corrected Non-compliance (CNC) (2)
• Information Request (IR) (1)

Facility details

Facilities:

Facility Types

• 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)
• National Energy Board Act (NEBA)
• Onshore Pipeline Regulations (OPR)
• National Energy Board Act (NEBA) 2016-06-19
• Plans And Procedures
• Project-specific Contractor/Project Safety Plan (CSP)
• Steel River SICIM Pipeline Ltd. PSSP, Brewster Pipeline Project, Doc. #00796-SRSP-SA-PLN-0031, REV 04.
• Standards
• CSA Z662-19 - Oil and Gas Pipeline Systems

Observations (no outstanding follow-up required)

Observation 1 - General Observations - Day 1

Date & time of visit: 2021-10-13 08:00

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Safeguarding
• Personal Protective Equipment
• Industrial Sanitation and Personnel Facilities
• Fire Protection
• Flammable and Combustible Liquids
• Labels and Documentation
• Hazard Assessment
• Materials Handling
• Mobile Cranes and Hoisting Equipment
• Ropes, Chains and Slings
• Temporary Structures
• Scaffolding and Temporary Ladders
• Temporary Stairs, Ramps and Platforms
• Signage
• Lighting
• General Lighting
• Noise Control
• Signage
• Monitoring/Evaluation
• Training and Competency
• Training, Competency and Qualification

Facility:

Observations:

General Observations - Day 1 

North Saskatchewan River HDD

• CER Inspection Officers (IO) and Indigenous Monitors (IM) drove with escort to the HDD site
• Access roads were well signed noting specific locations, and the required radio frequencies and radio protocols to use while traveling the roads 
• Inspection Team arrived at the HDD site and participated in a Field Level Risk Assessment (FLRA) prior to conducting activities
• IO's observed a clean work site free of litter or noticeable garbage, noting the site was heavily matted 
• Main generators and mud pumps were clean with no apparent leaks 
• A worker was observed mixing mud (Bentonite) at the mud tank hopper, and was using a half-mask respiratory protective equipment (RPE), worker was able to explain and demonstrate Safety Data Sheets for the chemical, why RPE was required, and noted that Silica was an identified hazard
• IO's observed signage around the rig noting 'Hearing Protection Required', but not all signs indicated what level of decibels were possible, or if Double Ear Protection was required. 
• Portable light towers were stationed around the rig to assist with nighttime operations. Light towers appeared to be in good condition, with secondary containment spill trays, electrical conductors were grounded, fire extinguishers had been inspected, and relevant safety pins were in place
• IO's conducted an engagement with two contracted Vacuum Truck crews and reviewed their FLRA
  • Despite operating noise producing equipment, IO observed that Noise Hazard and the control of Hearing Protection was not identified on either crew's FLRA. This observation was shared with company representatives and the FLRA's were updated accordingly to reflect noise hazards
• IO's observed an organized method of truck towing due to muddy conditions and a steeper access slope, a bulldozer was towing heavy equipment up the hill using an approved towing sling
• Site mitigations for Biological Hazard (Covid-19) were in place, with visible signage noting site protocols including identifying non-essential site visitors, wearing masks, social distancing when able and personal hygiene including sanitizer and hand washing. 

• IOs reviewed coating crew's FLRA which noted use of chemicals used in the coating process. Controls for noise were also recorded in the FLRA. 
• Crew foreman shared a binder of SDS relevant to the coating process. During the inspection, a truck mounted Bullard pump was supplying breathing to the sandblaster in the excavation. The supply pressure gauge of this pump was observed to be broken and not functional. Crew was able to demonstrate a valid breathing air certificate of analysis for the Bullard pump.
• One of the workers assisting in the mixing of chemicals for coating was not clean shaven. Interaction with the worker revealed that worker uses 3M half-mask respirator when mixing chemicals. Worker was knowledgeable on cartridge change out schedules. However, when questioned about effectiveness and inspection of the mask prior to work, the worker did not mention pre-use seal checks as a component of work readiness. Due to the worker not being clean shaven, a pre-use seal check would have failed, validating the ineffectiveness of the RPE for a worker who is not clean shaven. 
  • Upon sharing of Observations to the TC Energy Representative, TC chose to shut-down this job task until the compliance matters could be remedied 
• IOs interacted with another coating crew near this location. The crew foreman was clean shaven, and able to demonstrate good knowledge (pre-use seal checks, cartridge change out) associated with the half-mask being utilized. 
• IOs observed a Bullard breathing air pump mounted on the truck bed. Crew was able to produce valid breathing air certificate of analysis for their system. 

• A GroundWorks 'Gravity Lock' trench box was pre-assembled and staged off the ROW for future use
• CER IO performed a visual inspection of the assembled box and noted one wire-lock clevis pin was incomplete and missing parts - IO raised the observation with TC Rep who quickly replaced the broken keeper pin. 
• IO observed all other parts, pins, bolts etc. appeared to be in good condition and of original issue
• IO observed an inspection tube attached to the box containing valid engineering certificates for the box

• IO reviewed three seperate Excavation Checklists, noting the lists were dated, signed, and relevant to the activities occurring in the trench and current environmental conditions 
• Dirt stairs appeared cut into entry areas where ladders were not in use
• Ladders that were in use were well secured and extended above the grade by 1m
• Excavation fencing and warning signs were evident at all open trenches 
• Excavation cutbacks and spoil piles were noted to meet provincial requirements 

• A side-boom crane was observed with an active oil leak spilling onto the matting,
• CER IM shared observation of the leak and TC Reps quickly deployed a drip tray and spill kit to contain the leak
  • TC Rep advised a maintenance report will be created to investigate the leak  

Compliance tool used: No compliance tool used

Observation 2 - General Observations - Day 2

Date & time of visit: 2021-10-14 06:30

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Safeguarding
• Personal Protective Equipment
• Industrial Sanitation and Personnel Facilities
• Fire Protection
• Flammable and Combustible Liquids
• Limits of Exposure
• Labels and Documentation
• Hazard Assessment
• Materials Handling
• Mobile Cranes and Hoisting Equipment
• Ropes, Chains and Slings
• Temporary Structures
• Scaffolding and Temporary Ladders
• Temporary Stairs, Ramps and Platforms
• Signage
• Lighting
• General Lighting
• Noise Control
• Signage
• Monitoring/Evaluation
• Training and Competency
• Training, Competency and Qualification

Facility:

Observations:

General Observations - Day 2 

• CER IOs attended Contractor Safety morning meeting via MS Teams. Items such as not using lifting slings for towing, High potential events, heavy equipment buffer, and use of hearing protection were discussed. 
• CER IOs inspected mainline lower-in task at KP41+200. A crew was performing welding inside an excavation. Most of the crew was observed not wearing any hearing protection devices (ear plugs or ear muffs) while grinding.  Workers were provided with ear plugs by the crew inspector. 
• IOs participated in the morning toolbox talk at the yard, noting a Life Saving Rule was reviewed for "Do not walk under a suspended load"  
  • IOs reviewed several daily safety documents noting comprehensive completion, correct dates and applicability to relevant hazards 
• Road 6, 19+400 - 19+600 -  IOs observed road boring and set up for future trenching to complete a tie-in. Excavation barricades and signage was adequately installed. Ladders were placed at appropriate distances and were secured.
• IO observed that active gas testing was being conducted prior to trench entry and permitted hot work due to proximity to live gas works infrastructure
• IO observed tool cribs were organized with no flammable or combustible product being stored inside the Seacan container 
• Spotters were regularly observed assisting with vehicle backing-up operations.
• IO's and IMs visited and observed a TLU site, noting adequate protection and fencing around the site
• IOs observed equipment cleaning stations near bridges and water crossings to prevent buildup of mud or debris on bridges, noting the practice alleviates potential for fish bearing stream contamination from silt, debris and mud 

• KP 40+200 - IOs observed coating crew with work in progress. Reviewed FLHA and noted that respiratory protection and associated controls were identified. Upon interacting with one of the coaters, worker was using a face covering (intended for COVID control) as a means of respiratory protection during coating activities.
• A perviously observed broken gage on a Bullard breathing air compressor had been repaired
• A side-boom crane was observed with an active oil leak dripping onto the ground, visible staining was evident - a TC Representative responded quickly having a spill kit and drip tray deployed immediately and clean-up and remediation of the contaminated soil  
• Pipe storage and crotching and cribbing was observed on a sloped area - the crotching and cribbing was complete with anti-roll design 

• IOs observed a side-boom crane pre-use inspection. The Operator took the inspectors through daily start-up tasks for using the side-boom. Key points were noted for criteria to reject equipment during the pre-use inspection, such as hoisting cable defects, hook and pin inspection, and the operating fluids and controls checks of the side-boom. 
• IOs observed welding crew in an excavation. One welder was not clean shaven and was observed to be smoking cigarettes inside the excavation. 
• Trenches and excavation were observed to with applicable warning signage, fencing, and access/egress ladders or steps in place. IOs reviewed completed excavation checklists noting relevant date and signatures 

• IOs visited the site of a track bore noting the excavation was protected with fencing and had applicable signage, ladders for access and egress were placed and secured
• Noting difficulties in completing the bore task, a remote track bore control station was being utilized to separate workers from the high energy hazard 

Compliance tool used: No compliance tool used

Observation 3 - Indigenous Monitor Observations

Date & time of visit: 2021-10-13 08:00

Discipline: Indigenous Monitoring

Categories:

• General
• General

Facility:

Observations:

Legal Disclaimer re the Written Observations/Report provided by the Indigenous Monitors.
The following section contains independent observations made by an Indigenous Monitor who accompanied the Canadian Energy Regulator Inspection Team during this CVA, as part of the CERs’s commitment to the NGTL IAMC’s Indigenous Monitoring Program. They are reproduced and publicized within my report for greater transparency. They are not my conclusions but represent one source of information among others I have considered throughout the CVA along with my own direct observations and information received from the company.

Indigenous Monitor Observations

Compliance tool used: No compliance tool used

Observation 4 - CNC - 1 - Pipeline Coaters Crew

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

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Personal Protective Equipment
• Industrial Sanitation and Personnel Facilities
• Occupational Medical Surveillance
• Limits of Exposure
• Hazard Assessment
• Training and Competency
• Training, Competency and Qualification

Facility:

Observations:

CNC - 1 - Pipeline Coaters Crew 

• Instances of non-compliance to regulatory standards and internal safety plans relative to industrial health and hygiene were observed:
  1. Workers were observed completing work tasks involving hazardous chemicals without adherence to practice that protects workers health,
     • Coating Crew workers were observed not meeting the requirements of Alberta Occupational Health and Safety Code Part 18 Personal Protective Equipment, Section 250(1) & (2), in reference to adherence to the CSA Standard Z94.4-02 Selection, Use and Care of Respirators,
       • ​Specific to respirator use and ensuring workers are clean shaven where the mask seal meets the face
         • Several workers using chemical products were observed with long beards
     • A coating crew worker was observed power sanding dry pipeline coating product which produced an airborne dust, while not using a NIOSH and CSA Standard Z94.4-02 approved respirator

Compliance tool used: Corrected Non-compliance (CNC)

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,
      • (c) establish and implement a process for identifying and analyzing all hazards and potential hazards;

Company action required:

1. Ensure Coating Crew workers meet the requirements of a Fit Test program specific to a clean shaven policy, where the users respiratory protective mask seal meets the face; as per CSA Z94.4--2, Selection, Use and Care or Respirators

Due date: 2021-10-14

Date closed: 2021-10-14
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 - Trench Box Components

Date & time of visit: 2021-10-13 11:30

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Safeguarding

Facility:

Observations:

CNC - 2 - Trench Box Components 

• CER IO conducted a visual inspection of an assembled Groundwork Trench Box and noted a clevis style retaining pin was missing the wire-lock component. Without the wire-lock component the retaining pin could fall out and sacrifice the overall integrity of the trench box. 

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

• Project-specific Contractor/Project Safety Plan (CSP)
• Steel River SICIM Pipeline Ltd. PSSP, Brewster Pipeline Project, Doc. #00796-SRSP-SA-PLN-0031, REV 04.

Relevant section(s):

• "9.1 Inspections Steel River SICIM Pipeline Ltd. must ensure that all Project personnel must ensure that their Projects and equipment are regularly inspected to ensure safe working conditions... At minimum, Steel River SICIM Pipeline Ltd. must ensure the following activities are performed by anyone conducting Work at their Projects: • Daily pre-use inspections of tools and equipment"

Company action required:

- Replace or repair the wire-lock clevis pin on the trench box

Due date: 2021-10-13

Date closed: 2021-10-14
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 - Mainline and Tie-In Welding work processes

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Industrial Sanitation and Personnel Facilities
• Occupational Medical Surveillance
• Limits of Exposure
• Training and Competency
• Training, Competency and Qualification

Facility:

Observations:

• ​During various pipeline welding activities but specific to outdoor, cold-weather or windy weather related conditions, it is common practice that portable welding shacks are placed upon pipeline joints and will fully enclose the welding work space, with up to three or more workers inside the small space.
  • While most welding shacks are equipped with a single general exhaust type fan system, this does not protect the workers immediate breathing zone from the welding fume hazard. This issue is exacerbated if the welding shack doors or other openings remain closed while the welding takes place. It was observed by the Inspection Officer that workers performing or participating in a welding task inside a shack, will or will not use respiratory protective equipment (RPE) - and the practice is deemed inconsistent. 
    • When welders and participating workers are questioned on when or when not to use RPE inside welding shacks, they often answer it's a personal choice, and that definitive guidance is not provided to them to aid in their decision making
      • A common answer that welders provide is that when they are welding stainless steel (With known Hexavalent Chromium content) is the only time they are 'required' to don RPE
      • In contrast to other known airborne hazards (flammable or toxic gases) there is no method of periodic or continuous monitoring for welding fume exposure levels
• These observations prompt questions of whether the various approaches to welding fume exposure and the applied control measures, including but not limited to General Ventilation equipment (when inside welding shacks) and random use of RPE, are effective at protecting workers health? 

Compliance tool used: Information Request (IR)

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,
      • (c) establish and implement a process for identifying and analyzing all hazards and potential hazards;
      • (d) establish and maintain an inventory of the identified hazards and potential hazards;
      • (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;

Company action required:

1. Provide to the Inspection Officer for review, a representative sample of a carbon steel pipeline welding fume exposure assessment survey that demonstrates Craft Welders, and support worker's, breathing zone exposure levels during routine pipe welding activities; specific but not limited to workers conducting and participating in the welding activities inside pipeline welding shacks. 
   1. Suggested (but not required) factors to consider in the survey:
      1. Type of welding process (manual or automated), the size and thickness of pipe, duration of weld time, and material being welded
         1. Type of welding rod (include the applicable Safety Data Sheet) 
      2. Conditions at time of survey - ambient weather information, number of persons inside the shack, and details whether the shack is partially or fully enclosed, has general ventilation or not
2. Additionally, the CER Inspection Officer has observed on many occasions, that to ensure the integrity and quality of the welding process, the door and openings of the welding shack will often be fully closed to prevent airborne contaminants, wind etc. from impacting the weld process:
   1. If available, provide information on whether the shack door or openings remain fully or partially open during exposure survey time frames, as this may impact survey results 

Due date: 2022-03-25

Date closed: 2023-01-23
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: