Compliance Verification Activity Report: CV2021-441 - TransCanada Keystone Pipeline GP Ltd.

Overview

Compliance verification activity type: Field Inspection

Activity #: CV2021-441
Start date: 2020-10-19
End date: 2020-10-23

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:

Safety inspection of the Keystone XL Project - Alberta Mainline. Assess field implementation of construction safety manual and project specific safety plans for ongoing construction activities and worker tasks including identification of potential hazards and appropriate controls relevant to the job tasks via hazard assessments; company implementation COVID-19 safety protocols; company oversight of contractors - monitoring, supervision and accountability; assess execution of work per applicable procedures and documented work practices.

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: 2020-10-15 16:00

Discipline: Safety Management

Categories:

Facility:

Observations:

 General observations
• CER inspectors observed that perimeter fencing and gates at Oyen Project Construction site appeared to be maintained in good condition with proper signage, including company and emergency contact numbers and warning signs to deter intrusion.
• Parking area for project construction trailer site within perimeter fencing was well graded and aggregate applied.
• CER inspectors and Indigenous Monitors were met at entrance to Project Construction site in Oyen by security staff and questioned by secutiry personal with regards to Covid-19. The secutiry staff also attempted to take everyone's temperature, but the temperature gun was not working properly. The secutiry officer recorded name, company and verbal response to the COVID questionnaire.
• CER inspectors and Indigenous Monitors were asked to complete a COIVD-19 questionnaire by TC Energy once arriving at the project trailer site.
• Michel's (prime contactor) delivered a Site Specific Safety Plan desgined for visitors that would be escorted at all times. Topcis covered included emergecy contact numbers, required PPE, conduct, speed limits on the ROW, and COVID Protocols.
• COVID protocols include: maintain physical distance, masks required when 2 meters cannot be maintained, staying offsite if unwell.
• Company representatives delivered a site specific orientation to CER staff and Indigenous monitors applicable to all work sites visited on inspection, which included a description of emergency and access information and personal responsibilities overview. This was reviewed each morning and signed by each person participating in the inspection.
• CER Inspectors and Indigenous Monitors were provided a Field Level Hazard Assessment (FLHA) each morning for proposed activities on the field inspection that that was delivered by the TC Energy safety representative and prior to the inspection commencing. Each team member reviewed the hazards and signed the FLHA before departing the construction office.
• Vehicles were observed by CER inspectors to be operated in a safe manner during inspection at all sites visited.
• Vertical posts and rodding were observed to be capped off with protective plastic mushroom caps to protect workers from being impaled from a fall type hazard.
• Rig matting placed appeared to be placed adequately and was in good condition.
• Washrooms at Project Construction site were functional and all field portable toilets in field inspected were operational, clean, and equipped with sanitary hand disinfectant.
• TC Energy staff that accompanied the CER inspection team provided helpful explanations of activities being performed at inspection sites, as well, workers/operators when asked explained work processes, and demonstrated competency when queried on matters pertinent to their role.

 

Compliance tool used: No compliance tool used

Observation 2 - HDD Road Crossing

Date & time of visit: 2020-10-20 12:45

Discipline: Safety Management

Categories:

Facility:

Observations:

General Observations

Compliance tool used: No compliance tool used

Observation 3 - Slip Bore

Date & time of visit: 2020-10-20 15:00

Discipline: Safety Management

Categories:

Facility:

Observations:

General Observations

Compliance tool used: No compliance tool used

Observation 4 - TC Energy Indigenous monitoring and TK sites

Date & time of visit: 2020-10-21 11:18

Discipline: Safety Management

Categories:

Facility:

Observations:

General observations

Compliance tool used: No compliance tool used

Observation 5 - Access and Wash Station

Date & time of visit: 2020-10-21 12:30

Discipline: Safety Management

Categories:

Facility:

Observations:

General observations

Compliance tool used: No compliance tool used

Observation 6 - Track Bore

Date & time of visit: 2020-10-21 14:30

Discipline: Safety Management

Categories:

Facility:

Observations:

General observations

Compliance tool used: No compliance tool used

Observation 7 - Mobile Medical Unit

Date & time of visit: 2020-10-21 15:30

Discipline: Safety Management

Categories:

Facility:

Observations:

Mobile Medic unit was inspected and found to be well equipped. Drug record log was recorded and updated weekly.
Advanced Care Paramedic RO503146 credentials were checked and validated through the Alberta College of Paramedics website.
Fire extinguisher with valid inspection tags affixed to cylinder was observed.

Compliance tool used: No compliance tool used

Observation 8 - Ultrasonic Testing

Date & time of visit: 2020-10-22 10:30

Discipline: Safety Management

Categories:

Facility:

Observations:

General observations

Compliance tool used: No compliance tool used

Observation 9 - Backfill

Date & time of visit: 2020-10-22 12:30

Discipline: Safety Management

Categories:

Facility:

Observations:

General observations
•Mobile equipment checked was equipped with a suitable type ABC fire extinguisher, manufacturer manual and a spill kit.
• Hazard warning signage was affixed to control zone marked with yellow ribbon or fenced off with temporary fencing outside the excavated ditch area to identify and mitigate the hazard.
• Vertical posts and rodding were observed to be capped off with protective plastic mushroom caps to protect workers from being impaled from a fall type hazard.

 

Compliance tool used: No compliance tool used

Observation 10 - Lowering-in

Date & time of visit: 2020-10-22 15:00

Discipline: Safety Management

Categories:

Facility:

Observations:

General observations
• Foreman went over FLHA for the activity.
• Mobile equipment checked was equipped with a suitable type ABC fire extinguisher, manufacturer manual and a spill kit.
• Hazard warning signage was affixed to control zone marked with yellow ribbon or fenced off with temporary fencing outside the excavated ditch area to identify and mitigate the hazard.
• Vertical posts and rodding were observed to be capped off with protective plastic mushroom caps to protect workers from being impaled from a fall type hazard.
• CER inspectors did not observe any tears, rips or fraying on the sling of the side boom.
CER inspectors confirmed TC Energy inspector had a copy of the most recent version of the lowering-in procedure.

Compliance tool used: No compliance tool used

Observation 11 - Welding

Date & time of visit: 2020-10-22 15:15

Discipline: Safety Management

Categories:

Facility:

Observations:

General observations

Compliance tool used: No compliance tool used

Observation 12 - CNC 1 Wheel Chocks

Date & time of visit: 2020-10-20 11:00

Discipline: Safety Management

Categories:

Facility:

Observations:

CER Inspection Officers observed that portable Dog House trailer tires were not chocked or had the trailer jacks down.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Company shall place wheel chocks on portable "dog house" trailer wheels to prevent movement. Company shall place wheel chocks on portable doghouse trailer.

Due date: 2020-10-21

Date closed: 2020-10-21
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 13 - CNC 2 Electrical Bond wire

Date & time of visit: 2020-10-20 11:15

Discipline: Safety Management

Categories:

Facility:

Observations:

CER Inspection Officers observed that electrical bond wire from storage trailer sheathing was broken and wires were frayed going to ground bar connection clamp.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Company shall replace ground bond wire from trailer to ground rod connector.

Due date: 2020-10-20

Date closed: 2020-10-20
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 14 - CNC 3 Equipment Inspections

Date & time of visit: 2020-10-21 13:30

Discipline: Safety Management

Categories:

Facility:

Observations:

Excavator was moved without operator completing daily equipment check.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Company submitted to the CER Inspection Officers a photo of the daily equipment inspection for the excavator completed.

Due date: 2020-10-22

Date closed: 2020-10-22
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 15 - CNC 4 Fire Protection

Date & time of visit: 2020-10-21 13:45

Discipline: Safety Management

Categories:

Facility:

Observations:

Company excavator was observed to be equipped with a fire extinguisher that had no annual inspection tag.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

Relevant section(s):

Company action required:

Company shall replace fire extinguisher on excavator with an fire extinguisher that has both a current annual inspection and October monthly inspected tag affixed to the extinguisher.

Due date: 2020-10-22

Date closed: 2020-10-23
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

Observation 16 - Canada Labour Code Part II

Date & time of visit: 2020-10-19 10:30

Discipline: Safety Management

Categories:

Facility:

Observations:

CER Inspectors observed that this was a contruction 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 it and to their employees.

Compliance tool used: No compliance tool used

Observation 17 - Indigenous Monitor Observations - Thunderchild First Nation

Date & time of visit: 2020-10-22 12:00

Discipline: Indigenous Monitoring

Categories:

Facility:

Observations:

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

INTRODUCTION 
CV2021-441 Safety inspection in Oyen from October 19 – 23, 2020. Travelled to Oyen yard from Kindersley to start inspection daily. Each morning meeting with TC, Michels and CER we completed the Michels orientation, review and sign the FLHA, review and sign the Covid-19 questionnaire, and reviewed the agenda for each day.
 
 
OBSERVATIONS 
Observations made throughout the safety inspection
All safety and compliance related observations were made by the CER safety inspection officers.
TK sites we came across on the ROW and even off the ROW were all marked and fenced off with the appropriate mitigations for the site.
 Each nation had asked for privacy on what the sites are, and that information is between the Indigenous monitors and their respective nations.
There is one IM for every participating nation on each working shift.
The IM’s followed the safety regulations with the proper PPE on site.
 
INSPECTION SUMMARY:
The inspection went well the company was very accommodating of requests. We got to see different areas of the project and construction seems to be moving along well.
 
 
NON-COMPLIANCES/COMPANY FOLLOW UPS:
 All NNC and CNC were done by the Safety Inspectors
 The IMs had requested a formal letter of a date for when the fence by the rubbing stone site bottom barb wire will be replaced to a smooth wire.

 

Compliance tool used: No compliance tool used

Observation 18 - Indigenous Monitor Observation - Métis Nation of Alberta

Date & time of visit: 2020-10-22 12:00

Discipline: Indigenous Monitoring

Categories:

Facility:

Observations:

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

1.0 INTRODUCTION

The environmental inspection took place on the Oyen North Section of the KXL Pipeline Project between October 20-23, 2020. It was an interesting and good inspection all equipment was in excellent shape, equipment operators were very friendly and knowledgeable about their role in the pipeline construction. The proponent IMs were very friendly and knowledgeable about their job and proud of the role they played in the pipeline.

2.0 OBSERVATIONS

2.1 Archeological

Inspected archeological site TK327. The TK heritage sites along the ROW were all fenced off. The red sites cannot be disturbed. The green sites if they are on ROW can be moved

2.2 Wildlife

Returned to the Rubbing Stone area to inspect the barbed wire fence from previous inspection. The wire had not been replaced with smooth wire as requested previously. The proponent stated they were waiting on the fencing crew to change out the barb wire for smooth wire.

2.3 Safety

Meet at the proponent check point to COVID19 tested and complete the COVID19 orientation. Also completed the prime contractor and proponents safety orientation. Also acknowledged the proponents Life Saving rules and signed off.

Meet with IOs and IMs and reviewed safe driving areas and daily road conditions. Drove to Oyen to meet with the proponent, prime and IMs to discuss hazard assessment and noise before inspections. Noise safety was discussed, ear protection needed when noise reached 85 DBAs. Anything above double hearing protection required. Also discussed when planning to inspect equipment, the blades or bucket must be positioned on the ground and the machine shut down. Keep in eye contact with the equipment operator when passing, the operator will shut down the machine and put blade or bucket on the ground.

Attend safety meeting with CER, and proponent to discuss safe driving, maintain space between vehicles, slips trips and falls pinch points, eye contact with equipment operators when passing machines. Inspect ultrasound pipe survey unit discuss safety hazards with operator. Inspect back filling equipment and pretrip equipment records.

2.4 Compliance

Inspected an underground HDD site. The inspection included inspecting equipment safety stickers, ground lines, discussed drill unit safety lock out, and reviewed equipment safety checklist and inspected drill records.

The inspection continued along the ROW, inspected the pipe string, hydrovac 1250 excavating under hot line . Inspected daily equipment check list, logbooks, and fire extinguisher.

Inspected cleaning station LKP19-100. At the station we had a safety moment. The inspection continues along the ROW, inspected track bore being unloaded and set-up at 51a . Inspected bore. Next inspection along ROW was pipeline mitigation, to unsure it was in place. Inspect medic truck and equipment, both were in excellent condition. The medic on staff was very knowledgeable about his role, and pipeline safety. Inspected pipe backfilling equipment and maintenance records. Final inspection, drove to the lower area, safety moment before inspection. Inspecting the side boom and lowering in procedure. Inspect welding crew, welding dog house and pipe records.

3.0 Summary
It was an interesting and good inspection all equipment was in excellent shape, and equipment operators were very friendly and knowledgeable about their role in the pipeline construction.

The IMs were very friendly and knowledgeable about their job and proud of the role they played in the pipeline.

I learned a lot and gained a lot of knowledge from the CER field compliance specialist their role in pipelines and the proponent and their role in the safety of all involved

Compliance tool used: No compliance tool used

Observation 19 - Information Request - Fencing

Discipline: Environmental Protection

Categories:

Facility:

Observations:

CER inspectors and Indigenous Monitors observed at the site of an archeological site that the fence on the west side of the RoW and to the west side of the heritage resources feature consisted of four strings of barbed wire. TC Energy was not able to confirm if the bottom row of barbed wire was to the changed to a smooth wire to prevent potential harm to migratory animals, and if it was to be changed, when the change would occur.

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Keystone XL project (Project) notes that wildlife friendly fencing is not a requirement in the
Environmental Protection Plan (EPP); however, during a meeting on 28 Feb 2018 with Special Areas
Board (Special Areas) and Alberta Environment and Parks (AEP), Special Areasand AEP requested that
the Project consider wildlife friendly fencing where installation of new fence was required. The Project
committed to install wildlife friendly fencing in the Project area where new fence was required by the
Project. Requests by landowners for typical barbed wire fencing or other fencing types will dictate that
wildlife friendly fencing may not be constructed in some areas. The Project notes that the area observed
during the inspection is located within Special Areas (Oyen 42+350). The fencing was installed with
barbed wire on the bottom prior to smooth wire being available to the contractor and will be replaced
with smooth wire prior to in-service.
 

Due date: 2020-11-30

Date closed: 2020-11-30
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