Compliance Verification Activity Report: CV2021-442 - TransCanada Keystone Pipeline GP Ltd.

Overview

Compliance verification activity type: Field Inspection

Activity #: CV2021-442
Start date: 2020-09-28
End date: 2020-10-01

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 - Oyen work camp and pipeline right of way. Assessment of COVID-19 safety practices and project safety plans/manuals with respect to worker accommodation and 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 - Information Request: Safe Work Practices

Discipline: Safety Management

Categories:

Facility:

Observations:

This information request relates to safe work practices on the North Spread.
 

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Provide the following:

  1. Pipe handling standards
  2. Cribbing and Skidding Standard
  3. Contractor Management standards

Due date: 2020-09-23

Date closed: 2020-12-01
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 2 - Information Request: TC Energy expectation with respect to Oyen Camp Operations

Discipline: Safety Management

Categories:

Facility:

Observations:

  1. Provide documentation describing TC expectations with respect to the safe operation of the Oyen Work Camp (procedures, standards, guidelines).

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

  1. Provide documentation describing TC expectations with respect to the safe operation of the Oyen Work Camp (procedures, standards, guidelines).

Due date: 2020-09-23

Date closed: 2020-12-01
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 3 - Information Request: Stakeholder Engagement and Communications Plan

Discipline: Safety Management

Categories:

Facility:

Observations:

Information Request: Stakeholder Outreach and Communication Plan as referenced in section 2.2 of the KXL Project - Pandemic/COVID-19 Governance Plan.
 

Compliance tool used: Information Request (IR)

Regulatory requirement:

Company action required:

Please provide a copy of the Information Request: Stakeholder Outreach and Communication Plan as referenced in section 2.2 of the KXL Project - Pandemic/COVID-19 Governance Plan.

Due date: 2020-09-23

Date closed: 2020-12-01
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 4 - General Observations - TC Energy Field Office - Opening Meeting Location

Date & time of visit: 2020-09-02 08:00

Discipline: Safety Management

Categories:

Facility:

Observations:

Compliance tool used: No compliance tool used

Observation 5 - General Observation (2) - Stringing pipe on Right of Way

Date & time of visit: 2020-09-30 10:00

Discipline: Safety Management

Categories:

Facility:

Observations:

Location 31+200/28+500, Pipeline Stringing



 

Compliance tool used: No compliance tool used

Observation 6 - General Observation (3) - HDD Road Bore

Date & time of visit: 2020-09-30 11:30

Discipline: Safety Management

Categories:

Facility:

Observations:

Road 43 KP Spread 32, 1+567

Compliance tool used: No compliance tool used

Observation 7 - General Observation (4) - TK and Sensitive Areas

Date & time of visit: 2020-09-30 14:30

Discipline: Safety Management

Categories:

Facility:

Observations:

IOs and IMs drove in convoy with TC Energy along RoW at 66+200 and observed SARA plants fencing and signage.
TC Energy Environment Insepctor explained the width of the RoW and the use of matts in sensitive areas.
At KP 67 IOs and IMs observed TK fencing and flagging of a TK site.

Compliance tool used: No compliance tool used

Observation 8 - General Observation (5) - Craft Worker Camp

Date & time of visit: 2020-10-01 10:30

Discipline: Safety Management

Categories:

Facility:

Observations:

Royal Camp - Opened July 2020

Indoor Camp Inspection

Outdoor Camp Inspection

Compliance tool used: No compliance tool used

Observation 9 - Notice of Non-compliance (1) - Excavation fall protection

Date & time of visit: 2020-09-30 11:30

Discipline: Safety Management

Categories:

Facility:

Observations:

IOs observed two open excavations at the track bore site which were had exposed fall edges without marking, ribbon, flagging or fences.

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

Regulatory requirement:

Relevant section(s):

Company action required:

1. Confirm the excavation observed has been brought into conformance with the TC Energy Excavation Specification and into compliance with all appicable regulations..

2. Create and distribute, to all excavating contractors working on the KXL project, a safety bulliten highlighting all requirements to protect workers in proximity to an excavation from the fall hazard as per the TC Energy Excavation Specification and all appicable regulations. Share this bulliten with CER Inspectors.
 

Due date: 2020-11-20

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 10 - Notice of Non-compliance (2) - Fire Extinguishers

Date & time of visit: 2020-09-30 08:30

Discipline: Safety Management

Categories:

Facility:

Observations:

IOs observed fire extinguishers that were not properly mounted at the TC Energy construction yard. Fire extinguisher in the smoking area was observed to be sitting on the gravel. Fire extinguisher in a construction trailer were observed sitting on the floor.

IOs observed fire extinguishers that were inspected in September of 2020 and prior to that the last inspection was noted at 2017.
 

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

Regulatory requirement:

Relevant section(s):

Company action required:

Conduct an assessment of the managment of portable fire extinguishers at the executive camp, craft camp and contruction offices and confirm to CER inspectors that the program has been brought into conformance with TC Energy's Portable Fire Extinguisher Specification and all applicable regulations.

Due date: 2020-11-20

Date closed: 2020-12-07
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 11 - Notice of Non-compliance (3) - Garbage and Litter - Oyen Craft Work Camp

Date & time of visit: 2020-10-01 10:30

Discipline: Safety Management

Categories:

Facility:

Observations:

IOs observed several instances of garbage on the ground at the craft camp.
IOs observed overflowing garbage cans without lids at the entrance of the craft camp. Garbage, such as used face masks and coffee cups, were observed blowing on the ground.
At the side entrances of the dormitories, IOs observed the ground to be covered in cigaratte butts. IOs did not observe any ashtrays in the areas.
IOs also observed black garbage bags tied to a few of the side entrance hand rails.
IOs observed one industrail garbage can that was overflowing with garbage bags, such that the lid could not properly close.
 

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

Regulatory requirement:

Relevant section(s):

Company action required:

TC Energy to provide documented assurance a review of the Royal Camp Services, general grounds and maintenance programs for both the Craft and Management camps includes an applicable general waste, recycling and or waste bin management program, that prevents litter and garbage from impacting the site and local environment. The submitted review is to include:

Due date: 2020-11-13

Date closed: 2020-12-08
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 12 - Information Request (1) Covid-19 Preventative and Protective Measures

Discipline: Safety Management

Categories:

Facility:

Observations:

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

TC Energy to provide to the CER, assurance that the Covid-19 temperature testing and screening program that is in place at Oyen and KXL is meeting or exceeding a minumum standard that ensures effectiveness.
 Specific to the following items:

  1. Demonstrate assurance that persons performing temperature testing of employees, contractors and visitors has been trained in effective temperature testing of people
  2. Demonstrate assurance that devices being used for temperature testing and screening are being used in accordance with the manufactures specific instructions, including but not limited to:
    1. Identify the type of temperature gun in use (and is it specific to human or medical use)
    2. Identify the person performing the testing has the manufactures instructions on hand
    3. Identify whether the temp gun is being used in accordance with the instructions or not (contractor oversight)
    4. Identify whether the temp gun device has a defined margin of error and whether this is included in the screening process
    5. Identify if a sanitizing process is being applied to testing devices, and all other products where persons are within 2 meters and or sharing touch points (paper/ pens/ temp devices)
  3. Demonstrate that pass/fail criteria of testing subjects is clearly defined, and determine what temperature ranges trigger an action or response and to what escalation the response is directed
    1. Inclusive to low temperature readings of tested persons, as well as high or fever temperatures

Due date: 2020-11-20

Date closed: 2021-01-28
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 - Information Request (2) - Electrical Bonding and Grounding

Discipline: Safety Management

Categories:

Facility:

Observations:

IOs observed a variety of electrical conductors associated or connected to various equipment around the camp facility, without visible bonding and earth ground.

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

TC Energy is to provide evidence site wide surveys have been completed of the Oyen Royal Camp Craft Worker Camp, the Oyen Royal Camp TC Energy Management Camp, and the TC Energy Oyen Field Office site, that confirms electrical bonding and grounding of temporary and fixed facility structures is in compliance with applicable legislation and known good practice.

 This survey is to specifically include, but not limited to, providing a copy of the survey and summary of findings, and any corrective actions, including photo evidence there of, regarding electrical bonding and grounding for:

  1. Propane bullet tank farms
  2. Temporary Heat Trace distribution panels
  3. Parking area block heater electrical distribution system
  4. Temporary tower lighting structures
  5. Portable trailer units including administrative and or operational structures

Due date: 2020-12-31

Date closed: 2020-12-01
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 - Information Request (3) - Lifting and Hoisting

Discipline: Safety Management

Categories:

Facility:

Observations:

IOs questioned the foreman at the HDD track bore about the combined weight of the auger and the casing pipe and if the side boom was adequate to lift it. The foreman was not able to answer the question.

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Provide the TC Energy Lifting and Hoisting Specification.

Due date: 2020-11-13

Date closed: 2020-12-17
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 - Information Request (4) - Conflicting Guidance on Non-Medical Mask Use

Discipline: Safety Management

Categories:

Facility:

Observations:

CER Inspectors observed discrepencies in the guidence on non-medical mask use in several documents.

The KXL Project (US/CAN) Pandemic/COVID-19 Governance Plan (rev.1), section 6.2 KXL Standard Work-site Hierarchy Of Controls for Managing COVID-19 - Non-Medical Masks states: "The use of non-medical masks is promoted when performing any tasks where other Respiratory Protective Equipment (e.g. half or full-face respirator) are not required and social distancing cannot be maintained (6 feet/ 2 meters separation)."

The Michels KXL COVID‐19 Control and Preparation Plan (rev.1), Section 5: Prevention, ADMINISTRATIVE CONTROLS, Physical Distancing states: Physical distancing of at least 2 meters (6 feet) will be used as a best practice on the project. Where physical distancing is not reasonable/practicable, personnel must wear non-medical masks, and,

the Royal Camp – Operations COVID Plan, Section 3.3 Basic Prevention Measures states several "Steps that can be taken to stay healthy and prevent the spread of COVID-19". This list includes "Wear non-medical masks or face coverings when 2 meter physical distancing cannot be maintained"



 

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Describe specifically, TC Energy's policy with respect to non-medical mask use and the prevention of Covid 19 on pipeline constuction sites, construction offices and camps. Include in your response a plan to address the discrpencies noted in the observation.

Due date: 2020-11-20

Date closed: 2020-12-07
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 - Métis Nation – Saskatchewan, Western Region 3 - Indigenous Monitor Observation

Date & time of visit: 2020-10-01 10:30

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.
 
INDIGENOUS MONITORING INSPECTION REPORT FOR THE CANADA ENERGY REGULATOR COMPLIANCE VERIFICATION INSPECTIONS: KEYSTONE XL PIPELINE PROJECT
 
CV2021-442: Oyen Work Camp North Spread Safety Program Inspection
 
Prepared for: Canada Energy Regulator
Calgary, Alberta
Prepared by:
Warren Gervais
 
In association with:
Apeiron Resources Limited Calgary, Alberta
and
Canada North Environmental Services Saskatoon, Saskatchewan
 
October 12, 2020
 
TABLE OF CONTENTS
1.0 INTRODUCTION
2.0 Observations
2.1 Assess COVID-19 Safety Practices and Safety Plans
2.2 Project Safety Plans: Worker Accommodations’-Oyen Craft Work Camp
2.3 Construction Activities-North Spread
2.4 Traditional Knowledge/Traditional Land Use (TK/TLU)
3.0 Summary

1.0 INTRODUCTION
 
During the week of September 29, 2020, the Canadian Energy Regulator IO’s and IM’s will conduct a Safety Program Compliance Verification Activity (CVA). It is inclusive of the KXL Oyen Work Camp (Royal Camps) and contagious Construction Activities. 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.
 
Note: Purpose – the inspection will verify compliance with the CER Act; the OPR, applying applicable CER regulatory instruments, company manuals, standards, plans, and other information filed related to the project or required under applicable regulations.
 
Stating that the specific purpose of this safety inspection is to assess the COVID-19 Safety Practices and Project Safety Plans impacting worker accommodation at the Oyen Work Camp and construction activities conducted on the North Spread.
 
Also, provided from an environmental perspective was the opportunity to view a SARA Species Area and a TK/TLU Archeological site as requested by an Indigenous Nation.
 
2.0 OBSERVATIONS
 
2.1 Assess COVID-19 Safety Practices and Safety Plans
 
During our pre-inspection opening meeting we discussed the importance of examining COVID-19 Protocols and procedures pertinent to the safety of employees working on the RoW and living in the 500-man mixed camp. Our opening began with a condensed version of Michels Orientation that led into a briefing of the COVID-19 GUIDANCE FOR MANAGERS AND OPERATORS OF INDUSTRIAL WORK CAMPS document requiring: the implementation of practices to minimize the risks of transmission of infection among workers; provide procedures for response if a worker develops symptoms of illness; ensure that workers maintain high levels of sanitation and personal hygiene; comply to the greatest extent possible with the “Workplace Guidance for Business Owners’”. 
 
2.2 Project Safety Plans: Worker Accommodations – Oyen Craft Work Camp
 
It was decided in our opening meeting that we would conduct a Craft and Executive Camp COVID Safety Inspection. During which we would be provided with a demonstration of placement and displacement of workers pertinent to COVID-19 protocols. We were interested in the sanitation requirements necessary for potential Quarantine situations. It was stated that as tenants left the camp the room, they occupied stayed empty for 96 hours before a new tenant could receive a placement. We were told that a section of a corridor in the camp had 6 rooms set aside in case of a COVID outbreak. We discussed the procedures and protocols applied by the proponent regarding the Transfer of Information for workers affected by COVID. It was stated by the proponent that no transfer of information ever occurs. It is normal procedure for everyone entering the site be required to complete a Sign Off (fit for work-Visitor Screening Questionnaire). Noting that all documentation is accountable to the Alberta Health Services Guidelines. It was stated that TC Energy has a Document Control Branch to deal with all site documentation. We acknowledged that the Security Guard had a temperature testing gun used to help offset COVID coming into the camp via workers and visitors.
 
After a thorough inspection of the camp we noted it was well-organized, clean, well maintained; a first-class operation housing approximately 450 of 500 workers. The living accommodations inclusive of excellent food services available and trained staff, a gym, and other important conveniences that help in providing a home like atmosphere for all workers.
 
There existed minimal camp concerns. Although, propane tank storage, yard maintenance, and garbage strewn throughout the site noted in various area was a concern noted. Overall, the camp inspection went well and provided us with an excellent observation of a Craft Camp experience. 
 
2.3 Construction Activities – North Spread
 
KP 28.700 Monitor – We were told that top soil stripping and pipe stringing was occurring in this area. We initially signed onto the site with the safety inspector leading into a discussion of handling and stringing the pipe. There were some questions regarding the defined protocols in place for this process – Rigging process. We were told that only 1 company was responsible for the hauling of the pipe on this site – Premay.
 
Road 43- Here we viewed a Guided Bore/Track Bore, boring under a crossing at this site. The work itself provided us with an incredible display of team experience and expertise of workers who have multiple years performing an activity that has become routine work. It was noted at this site that it may have led to compliancy – regarding an open pit area that the CER’s IO’s stated concerns about. They noted the lack of a barrier fence which should have been installed approximately 1.8 meters from the open pit area ensuring workers safety.
 
2.4     TK-TLU requested sites by IM’s
           
KP 66.200 – viewed SARA Species Oyen section.
KP 67.000 – TK/TLU site notably intact – the site is appropriately roped off thus securing Archeological sites were viewed.
Everything was established and intact within this area of concern.
EXCELLENT

3.0     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 process applied to this imitative (pre-inspection, inspection, post-inspection) has provided me with assessment tools applicable to analyze and inspection pipeline processes of safety in the workplace.
With clearly defined direction and detailed discussion inclusive of opportunities of Indigenous engagement, I felt fully engaged in this inspection. The combined Safety and Environmental detail of this inspection was an experience and training opportunity I have fully enjoyed. The opportunity to come into Alberta and inspect the techniques and expertise displayed by new proponents in the energy sector expands my knowledge and skills applicable for future inspections on the KXL.
Moreover, the inspection experiance has helped in securing Reconciliation components relevant to furthering Indigenous relations important and necessary in this process of relationship building.

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