Compliance Verification Activity Report: CV2122-192 - NOVA Gas Transmission Ltd.

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 2808
• Inspector 2408

Regulated company: NOVA Gas Transmission Ltd.

Operating company: TransCanada PipeLines Limited

Province(s) / Territory(s):

• Alberta

Discipline(s):

• Safety Management
• Indigenous Monitoring

Related events:

• CV2122-274

Rationale and scope:

NGTL 2021 - Deep Valley North Section: The Deep Valley North Section consists of approximately 42 km of 1,219 mm (NPS 48) outside diameter (OD) pipeline, mainline block valves, associated crossover assemblies and launcher/receiver assemblies. 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 of contractors - training & competence, monitoring, supervision and accountability. Assess field implementation of worker accommodation strategy at temporary work camp.

Compliance tool(s) used:

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

Facility details

Facilities:

Facility Types

• Pipeline
• Other
• Pipeline

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)
• Plans And Procedures
• Project-specific Contractor/Project Safety Plan (CSP)
• Site Specific Safety Plan – Deep Valley North
• Standards
• CSA Z662-19 - Oil and Gas Pipeline Systems

Observations (no outstanding follow-up required)

Observation 1 - Deep Valley North - Camp

Date & time of visit: 2021-10-05 10:00

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Safeguarding
• Personal Protective Equipment
• Industrial Sanitation and Personnel Facilities
• Electrical Safety
• Fire Protection
• Flammable and Combustible Liquids
• Labels and Documentation
• Hazard Assessment
• Materials Handling
• Haulage and Off-Road Equipment
• Permanent Structures
• Stairs, Fixed Ladders and Access/Egress
• Open Topped Bins, Hoppers and Pits
• Housekeeping
• Signage
• Noise Control
• Enclosures
• Signage

Facility:

Observations:

Camp consisted of 2 complexes, Camp 1 (occup. 298) and Camp 2 (occup. 304). Camp 3 was under construction

Camp Exterior:

• Camp maintenance person described a typical daily inspection including fuel, water and sewer checks
• The entire camp footprint was fenced for security and wildlife control
• Camp employs level 1 security guards who perform daily rounds with specified checkpoints and are responsible for mask use enforcement. Daily report provided to TC Camp Liasion.
• The camp areas appeared to be free of litter and garbage. Housekeeping was excellent
• All lift stations were equipped with alarms and secondary containment.
• Primary generators displayed restricted entry and required PPE signage.
• 1 generator was observed to slightly cluttered with oily rags, spare grounding wires, open oil container and an uninspected fire extinguisher. Housekeeping items were addressed while IO’s were on site.
• 2 lift stations were observed in the camp 1 area without receptacle covers. The covers were added while IO’s were on site
• A secondary containment unit beneath a lift station was observed to have a hole in one corner. The unit was replaced while IO’s were on site
• 2 parking lot generators were observed without grounding (see CNC 1)
• Fall arrest requirements were posted on trailers which contradicted the information provided during orientations (see NNC 1)
• A tanker truck operator was observed on top of the tank of his truck without fall protection in place (see NNC 1)
• Camp Hazard identification and reporting process described to IO’s including high level hazard ID’s which are reported directly to TC energy with a supplemental report.

• Rapid testing and confirmed negative results for all occupants
• Sanitization stations
• Reduced capacity in dining area
• Cards placed on each dining table indicating sanitization/ready for use status
• Case notification and management process
• The gym and recreation room were closed for use during our inspection due to Alberta Health restrictions in place at the time of the inspection.
• CER was accompanied through the interior of the camp by a Royal Camp Safety Coordinator, TCE Camp Field Liaison, and Royal Camp Senior Field Support. Everyone explained what they verified during a camp inspection.
• The CER reviewed the Royal Camp rules.

• The CER observed the housekeeping practices to be satisfactory.
• The CER noted that sanitation sign off forms were completed at the intervals established by the Royal Camp management. The CER were told that sanitation blitzes were conducted to account for peak times.
• The CER were shown the laundry rooms accessible to the residents and staff. All locations visited were equipped with SDS binders for the chemicals present in that room.
• The CER observed that cleaning product refill dispensing stations were labelled and color codded on the dispensing system and with poster of the same information posted on the wall at eye level immediately next to the dispensing station. The CER were told that only persons with training are permitted to refill cleaning product bottles and the dispensing stations.

• Descriptions of kitchen audit, inspection, labeling and paperwork were verified
• The CER were provided with a recent Food Safe inspection conducted by a TC Camp representative as evidence that TC is conducting food safety inspections.
• Food handling permit was verified as current
• The CER discussed load rating of the storage shelves in the kitchen as many of the shelves were bowed indicating that they had been overloaded at one time. The CER advised that the load rating should be added to each shelf in order to assist with proper loading in the future.
• The CER was shown the emergency propane shut off in the event of a propane leak.
• A breaker panel in the kitchen electrical room was missing one bolt. The IO was told the item would be corrected right away. 
• There two empty cardboard boxes in the kitchen electrical room. The boxes were immediately removed.

• Fire hoses in cabinets were described to be non-functional. Based on accepted corrective actions at another NGTL camp, the glass was covered so the hoses were not visible to the residents.
• The CER observed that the camp had appropriate types of fire extinguishers throughout the facility and in the kitchen.
• During the inspection, a plug in CO monitor alarmed as a result of it being hit with food containers because it was plugged in next to the food preparation work surface. The Royal Camp Senior Field Support moved the CO detector to a location that was better suited, where it would not get hit or unplugged because it was in the way.
• The CER were told that smoke detectors were checked routinely by a number of Royal Camp Personnel to ensure that batteries have not been removed.
• All arms of the camp have egress to an unobstructed area in the event emergency egress is required.

Compliance tool used: No compliance tool used

Observation 2 - Deep Valley North - Construction Yard

Date & time of visit: 2021-10-05 13:00

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Safeguarding
• Hazard Assessment
• Training and Competency
• Training, Competency and Qualification

Facility:

Observations:

• IO’s observed competency assessments of welding crew. Wire welds were assessed for quality before a welder would be deployed to the field.
• Competency assessment process was described to IO’s. Workers are provided opportunity for 1 practice weld followed by the requirement to perform 3 quality welds.
• IO's and company representatives discussed potential for human-vehicle interface at the weld testing sites. Barricades were added to eliminate yard traffic in vicinity of workers and assessors.
• IO and company representative were given a walkthrough of the side boom operation and equipment inspection that the operator conducts on a daily basis. The boom operator explained to the CER the equipment blind spots, hazard locations to avoid in the event of track failure, and boom pins. 
• IO’s observed practical component of trench box assembly/disassembly training.
• Crew successfully assembled trench box as per manufacturer recommendations in the presence of a manufacturer representative.
• The yard is equipped with designated a STARS helicopter landing pad. 
• The yard is divided and clearly signed between PPE and PPE Free zones. 
• The CER discussed the use of traffic barricades in the yard to separate the training areas from surrounding traffic. 

Compliance tool used: No compliance tool used

Observation 3 - Deep Valley North – Road 6

Date & time of visit: 2021-10-06 10:00

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Labels and Documentation
• Hazard Assessment
• Training and Competency
• Training, Competency and Qualification

Facility:

Observations:

• Stripping, grading and tree felling operations underway
• IO’s observed heavy equipment with and without windshield cages.
• TC team lead indicated requirement to have windscreen cage was determined by function. Hoes with articulating thumb designed for handling felled trees required cages.
• TC Safety lead described his role in the project support team and how contractor oversight was executed.
  • Field inspections by TC safety lead are scheduled based on risk of activity and done in conjunction with a prime contractor counterpart.
  • These focused inspections typically occur on a weekly basis and are always triggered by new crews and new activities.
  • Lead also holds weekly meetings with TC appointed general inspectors who provide full time oversight to crews.
• IO verified with crew responsible for brush burning that all permits and FLHA’s were in place and available
• Grading foreman was able to describe greenhand program that includes a dedicated mentor information transfer and practical development opportunities
• Crew bus driver walked inspection officer through a pre-use inspection. Described a respectful workplace with strict adherence to COVID 19 protocols.
• TC Grading Inspector walked the inspection officer through their roles and responsibilities and showed the inspection officer their partially completed daily inspection report for that day.
• Typical ATV training described as full day with classroom and practical components. The TC Grading Inspector explained weight distribution and balance requirements when using ATVs.

Compliance tool used: No compliance tool used

Observation 4 - Deep Valley North – Road 10

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Safeguarding
• Fire Protection
• Hazard Assessment
• Training and Competency
• Training, Competency and Qualification

Facility:

Observations:

• Hazardous Slope criteria was discussed with foreman and TC Inspector. The IOs were told that the pre-grade was 20-25% or approximately 11 degrees. Both the TC and Michels documentation for slope work states that slope stability ie. Prone to landslide would make an otherwise non-hazardous slope deemed as a hazardous slope. The Slope Specific document for KP49+300(Road 10) was deemed to be a hazardous slope due to its potential for landslide.
• Signage indicating slope classification of "hazardous" was observed on site.
• Site foreman indicated that slope hazards were captured on FLHA and no daily hazardous slope checklists were being completed at location as required by the Michels Canada Deep Valley North Section Pipeline Project Slope Construction Safety and Execution Plan.
• IO and company representative were given a walkthrough of the D8 Dozer operation and equipment inspection that the operator conducts on a daily basis. The operator explained to the CER the equipment blind spots, hazard locations, emergency exits, mounting and dismounting on the equipment. The operator told the IO that although they have worked on the project previously and had in excess of 20 yrs operating a dozer they still underwent a competency assessment.
• The IO spoke with the TC inspector on site about their role and responsibility. The IO was also shown the inspectors inspection report.  
• Excavation was observed without workers present. The pit was completely barricaded. Switch-back steps were observed to be providing access to a ladder that appeared to be at an angle greater that 45 degrees. Concerns were raised with TC Safety Lead and brought back to TC PM. TC has communicated to the Prime there is to be no access to the excavation until TC Energy verifies safety for individual access.

Compliance tool used: Information Request (IR)

Regulatory requirement:

• Project-specific Contractor/Project Safety Plan (CSP)
• Site Specific Safety Plan – Deep Valley North

Relevant section(s):

• Hazardous slope

Company action required:

During the inspection the site foreman indicated that slope hazards were captured on FLHA. The foreman also stated that this slope was not hazardous and that signage was put in place for 'other' vehicles driving the ROW. Subsequent to the field inspection, the IOs reviewed the Michels Canada Deep Valley North Section Pipeline Project Slope Construction Safety and Execution Plan and note that it contains Steep Slope Daily Checklist. The IOs note that the checklist had not been completed at  KP49+300 as required by the Michels Canada Deep Valley North Section Pipeline Project Slope Construction Safety and Execution Plan. The Slope was signed as a Hazardous Slope and the onsite documentation stated that it was deemed a hazardous slope due to the potential for landslide even though it was not a 'steep' slope given the grade was approximately 11 degrees/20-25%.

Due date: 2021-10-29

Date closed: 2021-11-26
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 1 - Ungrounded Parking Lot Generators

Date & time of visit: 2021-10-05 12:00

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Electrical Safety
• Lighting
• General Lighting

Facility:

Observations:

Two parking lot generators were found to be without appropriate grounding. 

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;
      • (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;

Company action required:

Assess all parking lot generators on site and add grounding where required.

Due date: 2021-10-05

Date closed: 2021-10-13
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 - NNC 1 - Non-Conformance with TC Energy Life Saving Rule 7 - Working at Height

Date & time of visit: 2021-10-05 11:00

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Safeguarding
• Personal Protective Equipment
• Hazard Assessment
• Training and Competency
• Training, Competency and Qualification

Facility:

Observations:

The following non-conformances with TC energy Life Saving Rule 7 - Working at height were observed:

1. Communication - Stickers posted on all trailers at the Deep valley North Camp indicated that fall protection was required at heights above 3 meters. TC requires fall protection at heights above 8 feet.

2. Practices - A tanker truck operator was observed on top of the tank of his truck without fall protection in place. The unsafe act was addressed by company representatives while on-site.
 

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

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;
      • (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;

Company action required:

Describe how TC energy intends to manage the recurrence of similar instances occurring across the project. Include in your response any change to the direct contractor oversight of one-off and transient contractors performing similar work as that observed on October 5th. Where similar conditions exist or may exist, in locations other than Royal Camp locations, what effort has been or will be made to ensure ancillary workers are protected from similar hazards?

Due date: 2021-11-19

Date closed: 2021-11-23
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 7 - Information Request - Worker Wellness

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Hazard Assessment

Facility:

Observations:

 A significant contingent of project workers are on a 6/1 rotation. This schedule is restrictive when it comes to travelling moderate or long distances to see family and friends. It is also understood that, at the moment, both the recreation rooms and fitness centre are closed as a
COVID 19 precaution. IO's heard from several workers that these circumstances coupled with the remoteness of the workplace and seasonal effect are leaving workers, in some instances, demoralized.
 

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,
      • (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;

Company action required:

IO requesting that TC energy describe the immediate actions and long term strategies to be implemented with the intent of supporting the physical and psychological health of workers. 

Due date: 2021-10-15

Date closed: 2021-10-19
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 - IM Observation

Date & time of visit: 2021-10-06 16:00

Discipline: Indigenous Monitoring

Categories:

• General
• General

Facility:

Observations:

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

CV2122-192: Safety Program Inspection
Prepared for: Canada Energy Regulator
Calgary, Alberta
Prepared by: Dave Trotter
In association with: Apeiron Resources Limited
Calgary, Alberta

1.0 INTRODUCTION
The week of October 3, the Canadian Energy Regulator (CER) conducted a Safety Program Compliance Verification Activity (CVA) for the Deep Valley section on NGTL 2021 Expansion System. 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

There was a discussion on the Environmental Protection Plan (EPP), specifically the wildlife salt licks at various KPs throughout the project, and the mitigations in place to protect them.

The inspection day included a stop at a clearing site, where they were piling and burning unmarketable wood piles. We had the opportunity to speak to the crews, and review clearing crew hazards.

Watercourse crossings were inspected along the RoW as well. There were stops at WC03 and WC 39. All signage was in place.
Inspected HDD excavation site at KP 50+900.

3.0 NON-COMPLIANCES/COMPANY FOLLOW-UP REQUIRED
See Compliance Summary.

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. There was an opportunity to learn more about the job mentoring program, trench box training, JSAs, and the Green Hand program. 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 - IM Observation

Date & time of visit: 2021-10-06 16:00

Discipline: Indigenous Monitoring

Categories:

• General
• General

Facility:

Observations:

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: