Compliance Verification Activity Report: CV2122-182 - NOVA Gas Transmission Ltd.

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 2935
• Inspector 2773

Regulated company: NOVA Gas Transmission Ltd.

Operating company: TransCanada PipeLines Limited

Province(s) / Territory(s):

• Alberta

Discipline(s):

• Safety Management
• Indigenous Monitoring

Related events:

• CV2122-184
• CV2122-274

Rationale and scope:

NGTL 2021 - Elmworth Section: The Elmworth Section consists of approximately 47 km of 1,219 mm (NPS 48) outside diameter (OD) pipeline, a mainline block valve and associated crossover assemblies. The Elmworth Section begins at NW 24-68-07 W6M and ends at SE 12-71-10 W6M, and: NGTL 2021 - Valhalla Section: The Valhalla section consists of approximately 36km of 1,219 mm (NPS 48) outside diameter (OD) pipeline. The Valhalla section begins at SW 17-72-09 W6M and ends at NE 29-75-09 W6M. 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 execution of work per applicable procedures and documented work practices.

Compliance tool(s) used:

• Information Request (IR) (2)
• Corrected Non-compliance (CNC) (4)
• Notice of Non-compliance (NNC) (1)

Facility details

Facilities:

Facility Types

• Pipeline
• Pipeline
• Pipeline right of way (ROW)

Regulatory requirements

Regulatory requirements that apply to this activity:

• Canada Labour Code (CLC)
• Canada Labour Code (CLC)
• Canada Occupational Health and Safety Regulations (COHSR) 2016-06-14
• 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)
• Safety Management Plan, 2021 NGTL System Expansion Project, Doc. # 00796-TC-SA-PLN-0001
• Project-specific plan or procedure
• Midwest Pipelines Inc., Project/Site Specific Safety Plan, GPML Loop No. 4 - Valhalla Section, Version A.
• Project-specific plan or procedure
• Midwest Pipelines Inc., Project/Site Specific Safety Plan, GPML Loop No. 3 - Elmworth Section, Version A.
• 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: 2021-08-24 10:00

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Personal Protective Equipment
• Fire Protection
• Labels and Documentation
• Hazard Assessment
• Materials Handling
• Mobile Cranes and Hoisting Equipment
• Ropes, Chains and Slings
• Training and Competency
• Training, Competency and Qualification
• Temporary Structures
• Signage

Facility:

Observations:

General Observations - HDD Site 1

• CER Inspection Officers (IO) and Indigenous Monitors (IM) traveled to the site of a completed HDD pipe-push. Activities in progress included mobe out of cranes and water management equipment.
• IOs and IMs reviewed and signed onto a Field Level Risk Assessment (FLRA)
  •  CER IO observed the FLRA had not been completed as per the contractors training program
    • Contractor revisited the FLRA and completed accordingly  
• IOs and IMs traveled onto a radio controlled road to access the HDD site
  • A Genie Lift Mobile Elevated Work Platform (MEWP) was on site and had visible and valid inspection certificates
  • Deisel powered water pumping equipment was on site, and had secondary containment underneath the engine pans.
  • Open excavations were fenced off, or roped off with visible warning ribbon
  • Several 400 barrel tanks were on site and observed to have fall arrest equipment mounted on the access ladders
  • A fire extinguisher was observed to have an expired or faulty pressure gage, indicating the fire extinguisher was not fit for emergency use - extinguisher was removed from service
  • Powerline crossing warnings were visible with goal posts in place and signage noting the kV voltage
• TC Energy representative explained the TC Energy Harassment Free-Workplace in Canada Policy, noting that TC Energy strictly prohibits discrimination, harassment and violence in every form.
• CER inspectors reviewed TC Energy's, Harassment-Free Workplace in Canada Policy and TC Energy Harassment and Discrimination-Free, Workplace Onboarding documents that were provided to CER on CV2122-274 Information Exchange.

Compliance tool used: No compliance tool used

Observation 2 - General Observations - Day 2

Date & time of visit: 2021-08-25 10:00

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Personal Protective Equipment
• Labels and Documentation
• Hazard Assessment
• Temporary Structures
• Temporary Stairs, Ramps and Platforms
• Signage

Facility:

Observations:

General Observations - Day 2

Pipeline Coating - Road 31 West

• IOs and IMs arrived to site and participated in an FLRA 
• TC Safety Inspector led an engagement of safety oversight for the coating task
  • IO noted several discussion points of the engagement that corresponded to the contractors project hazard analysis (PHA)
  • IO requested a copy of the Certificate of Breathing Air Quality for the breathing air compressor; IO later received a copy of a valid certification.
  • IO reviewed an available Safety Data Sheet (SDS) for the two-part coating chemicals, and was able to verify the respiratory protective cartridges being used with the half-mask, matched the SDS
• Pipe cribbing support was observed to be in compliance 
• Powerline crossings were visibly marked with taut goal posts, and accompanying signage 
• Several workers and attendees to the site were observed to be smoking cigarettes and cigars everywhere other than a designated smoking area. Nearby workers were subjected to second-hand smoke

• IOs and IMs arrived to site of a welding task, and were met by the TC Inspector, who led an orientation and sign-on to the site FLRA
• IO made several observations of safety measures that corresponded back to the contractors project hazard analysis, for welding safety controls.
  • A fire blanket was available near the task 
  • Fire extinguishers were visible and accessible 
  • Welders were using various PPE (hearing protection and respiratory protection)
  • Hand power tools appeared in good repair with guards and handles attached
  • An emergency Muster Point was identified near the work area  

Compliance tool used: No compliance tool used

Observation 3 - General Observations - Day 3

Date & time of visit: 2021-08-26 10:00

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Safeguarding
• Personal Protective Equipment
• Electrical Safety
• 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
• Permanent Structures
• Housekeeping
• Noise Control
• Signage
• Training and Competency
• Training, Competency and Qualification

Facility:

Observations:

General Observations - Day 3 

Wapitit HDD, North side 

• IOs and IMs participated in FLRA to visit the HDD site
• Welding and cutting were ongoing to remove the pull-head 
  • Welders were observed wearing PPE including respiratory protection; and that power-tools were complete with guards and handles
  • A side-boom was being used to facilitate the lifting of the pull head, lift spotter was using a tag-line to control the load
  • IO reviewed an the Side-Boom's pre-use checklist noting it was complete and no deficiencies were identified
• IOs toured the Direct HDD rig, noting the rig was clean and well organized
  • Noise survey signage was visible detailing what level of noise was to be expected, and that hearing protection is required
• IO discovered an available lifting sling that would not pass a pre-use inspection, observation was shared with company representatives, and the sling was removed from service
• IO observed workers wearing non-medical face coverings as part of Covid-19 prevention and protection
• A sea-can was observed to have compressed and flammable gas cylinders stored inside it, visible venting was noted on the sea-can

• IOs and IMs signed onto the site FLRA
  • Five side-booms were in position near the trench with an active lift in progress.
  • Welders were operating inside a trench box completing a tie-in weld for a completed road bore
• A Contractor Supervisor was available and designated in charge of the Lift activity
  • The lift supervisor had a hand-held radio and was able to contact all side-boom operators if needed
• IO reviewed a completed Excavation Entry checklist relevant to workers inside the trench
  • Excavations not in use were observed with visible fencing around the fall edge
• IO observed power-line crossing goal posts were taut, with applicable signage in place noting the overhead voltage

• IO observed two 1000 gallon horizontal propane tanks that were not bonded to each other and bonded to an earth ground. This is a best practice to mitigate the static electricity hazard, but is not written in the gas code.

Compliance tool used: No compliance tool used

Observation 4 - General Observations - Covid-19 Prevention and Protection

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Safeguarding
• Personal Protective Equipment
• Occupational Medical Surveillance
• Limits of Exposure
• Hazard Assessment

Facility:

Observations:

General Observations - Covid-19 Prevention and Protection

• Prior to arrival to site, IOs and IMS received an email from TC Energy containing the Covid-19 measures in place for Valhalla and Elmworth construction spreads.
  • These measures aligned with the minimum requirements of the Province of Alberta, Public Health Orders (PHO); prior to the September 4th updating requiring masks to again be worn by workers in workplaces.
  • The in place measures required neither physical distancing or face protecting face masks for persons deemed 'double vaccinated personnel' (again, prior to the Sept 4. PHO update)
  • IOs observed that the method for confirming vaccination or immunization was an honor system declaration, where workers declare their status verbally, and presentation of medical information was voluntary.
• Upon arrival to the Construction Yard and Opening Meeting location, TC Representative provided and reviewed and the TC Energy, Regulator Visitor Safety Orientation form, the form was reviewed and signed off daily by IOs and IMs. 
• IOs observed that workers had donned or were in possession of face protective coverings or masks at visited locations. 
• IOs observed workers in close contact (2m) working situations, wearing face covering masks.
• IO observed there to be hand-sanitizing stations at various work sites accompanying the washroom and toilet facilities.   

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;
      • (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:

​Reference our September 10, 2021 virtual meeting with you:

1. Provide a description of each proactive measure TC Energy implemented to know if Covid-19 infection is present in employees,  contract workers, or other persons in the NGTL Expansion project workplaces.
2. Explain how these measures have been communicated across the project workplaces, with a view to understanding the consistent effectiveness of their application.

Due date: 2021-09-21

Date closed: 2021-09-23
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 5 - CNC 1 - Faulty Fire Extinguisher

Date & time of visit: 2021-08-24 11:00

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Fire Protection

Facility:

Observations:

CNC - 1 Expired Fire Extinguisher

• Observed at the south-side Wapitit HDD site, in the designated smoking area, a fire extinguisher was observed to have an out of compliance pressure gage indicating a Daily Inspection, or recent inspection had not been completed. 

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

• Project-specific plan or procedure
• Midwest Pipelines Inc., Project/Site Specific Safety Plan, GPML Loop No. 3 - Elmworth Section, Version A.

Relevant section(s):

• "9.1 Inspections - Midwest Pipelines Inc. must ensure that all Work Site personnel must ensure that their Work Sites and equipment are regularly inspected to ensure safe working conditions. All inspection programs must meet the most stringent requirements outlined in relevant legislation, this P/SSSP, the TC Energy Project SMP and referenced documents. At minimum, Midwest Pipelines Inc. must ensure the following activities are performed by anyone conducting Work at their Work Sites: • Daily pre-use inspections of tools and equipment;"

Company action required:

Remove faulty extinguisher from service and replace with valid one.

Due date: 2021-08-24

Date closed: 2021-08-24
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 - CNC 2 - Damaged nylon sling

Date & time of visit: 2021-08-26 11:00

Discipline: Safety Management

Categories:

• Materials Handling
• Ropes, Chains and Slings

Facility:

Observations:

At the north side Wapitit HDD site, a nylon sling available for lifting and hoisting use, was observed to have visible damage that would not pass the required pre-use inspection. Upon observation the sling was taken out of service.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

• Project-specific plan or procedure
• Midwest Pipelines Inc., Project/Site Specific Safety Plan, GPML Loop No. 3 - Elmworth Section, Version A.

Relevant section(s):

• "9.1 Inspections - Midwest Pipelines Inc. must ensure that all Work Site personnel must ensure that their Work Sites and equipment are regularly inspected to ensure safe working conditions. All inspection programs must meet the most stringent requirements outlined in relevant legislation, this P/SSSP, the TC Energy Project SMP and referenced documents. At minimum, Midwest Pipelines Inc. must ensure the following activities are performed by anyone conducting Work at their Work Sites: • Daily pre-use inspections of tools and equipment;"

Company action required:

Remove damaged sling from service.

Due date: 2021-08-26

Date closed: 2021-08-26
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 7 - CNC 3 - Control Zone

Date & time of visit: 2021-08-24 11:15

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Safeguarding
• Hazard Assessment

Facility:

Observations:

South Wapiti River Edge eroding around proximity where workers gain access to river.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

• Project-specific Contractor/Project Safety Plan (CSP)
• Safety Management Plan, 2021 NGTL System Expansion Project, Doc. # 00796-TC-SA-PLN-0001

Relevant section(s):

• Fall arrest and restraint systems, we will protect ourselves against a fall when working at heights.

Company action required:

Company shall erect a control zone to caution workers of eroded river bank.

Due date: 2021-08-24

Date closed: 2021-08-25
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 - CNC 4 - Hazard Assessment

Date & time of visit: 2021-08-24 10:45

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Hazard Assessment

Facility:

Observations:

CER Inspection Officers observed that Field Level Risk Assessment (FLRA) was not completed in its entirety.

Compliance tool used: Corrected Non-compliance (CNC)

Regulatory requirement:

• Project-specific Contractor/Project Safety Plan (CSP)
• Safety Management Plan, 2021 NGTL System Expansion Project, Doc. # 00796-TC-SA-PLN-0001

Relevant section(s):

• When a contracted Prime/General Contractor has care and control of Work Site Safety, they are required to implement the JSA process or equivalent (i.e. , job hazard analysis, field level risk assessment, etc.).

Company action required:

Company shall complete Field Level Risk Assessment in its entirety.

Due date: 2021-08-24

Date closed: 2021-08-24
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 9 - NNC 1 - Permits for Electrical Grounding

Date & time of visit: 2021-08-26 15:50

Discipline: Safety Management

Categories:

• Workplace Exposures and Protections
• Safeguarding
• Electrical Safety

Facility:

Observations:

CER Inspection Officers (IOs) observed that generator skid ground rod was not grounded to earth. The ground rod was in a holder bracket on top of the skid. CER IOs asked for the Electrical Permit for the grounding, and company representative was not able to provide to IOs while on site. TC Energy provided a electrical permit for the Power for Pipeline yard shacks and temporary stand-by generator on September 2nd, 2021 identifying that that Permit # PREL20211139 was issued by the County of Grande Prairie on August 30,2021 to commence. As this electrical connectivity work was visibly connected to the building power source and the stand-by generator electrical panel, the CER Inspector requested TC Energy to provide confirmation to the CER that all electrical work, which includes grounding was performed by a licensed electrician and that work meets or exceeds the Canadian Electrical Code.

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

Regulatory requirement:

• Project-specific Contractor/Project Safety Plan (CSP)
• Safety Management Plan, 2021 NGTL System Expansion Project, Doc. # 00796-TC-SA-PLN-0001

Relevant section(s):

• Section 5.2.1 Prime/General Contractor Roles and Responsibilities, The Prime/General Contractor must, to the satisfaction of the TC Energy PMT, at all times: Ensure compliance by all Work Site personnel that have duties imposed upon them under all applicable occupational health and safety laws and regulations including all orders, directives, codes, guidelines, permits, and licenses; Portable electrical equipment, required to be grounded and not permanently connected to the wiring system, must be effectively grounded by the use of approved cords and polarized plugs inserted in grounded polarized receptacles. High voltage and de-energized electrical equipment must, if practicable, be completely isolated, grounded, and locked out as required by Regulation before starting work on it.

Company action required:

Company shall submit to Canada Energy Regulator a copy of the Electrical Permit that the authorizing County of Grande Prairie No. 1 approved for the electrical installation tie in to the temporary generator stand. Also, provide confirmation documentation to the CER that work  performed under the permit was completed by a certified electrician to Canadian Electrical  Code - CSA Standards. Company shall complete grounding of temporary stand-by generator conforming to Safety Codes Act of Alberta, all applicable Codes, and Municipal Bylaws. Company to provide photos illustrating proper grounding of the stand-by generator.

Due date: 2021-09-13

Date closed: 2021-10-12
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

There are no observations with outstanding follow-up

Observations (company follow-up required)

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

Observation 10 - Information caviardée conformément au paragraphe 144(5) du Code canadien du travail

This information has been redacted pursuant to Section 144(5) of the Canada Labour Code