Compliance Verification Activity Report: CV2021-505 - Trans Mountain Pipeline ULC

Overview

Compliance verification activity type: Field Inspection

Activity #: CV2021-505
Start date: 2020-12-16
End date: 2020-12-19

Team:

Regulated company: Trans Mountain Pipeline ULC

Operating company: Trans Mountain Pipeline ULC

Province(s) / Territory(s):

Discipline(s):

Related events:

Rationale and scope:

Follow-up inspection to INC2020-138, serious injury reported on 15 Dec 2020 at Burnaby Terminal North Quadrant. Verify Trans Mountain’s incident response meets legislative requirements and condition fillings; Evaluate the need for immediate regulatory action(s). This activity does not include an investigation into the cause of the incident.

Compliance tool(s) used:

Facility details

Facilities:

Regulatory requirements

Regulatory requirements that apply to this activity:

Observations (no outstanding follow-up required)

Observation 1 - Location of Incident and Photos of Site

Date & time of visit: 2020-12-19 10:30

Discipline: Safety Management

Categories:

Facility:

Observations:

Location of incident is the northern quadrant of Burnaby Terminal according to the preliminary report, INC2020-138.
All site photos taken December 19, 2020 by CER staff.
Two videos, provided by TMEP, are in RDIMS and linked to this CVA, but with strict security permissions.

Compliance tool used: No compliance tool used

Observation 2 - Information on the Public Record

Date & time of visit: 2020-12-15 10:21

Discipline: Safety Management

Categories:

Facility:

Observations:

Background information on the Contractor: https://www.transmountain.com/news/2017/meet-kiewit-ledcor-trans-mountain-partnership-construction-contractor-for-the-trans-mountain-expansion-project dated 6 November 2017.

"Can you talk about KLTP's commitments to safety for workers? 

Nothing is more important than the regard for safety on this project. Both companies bring vast experience and award-winning safety programs to this partnership. These safety programs have helped to develop our plans for the Project and ensure that we go above and beyond regulatory standards to guarantee the safety of our people. 

KLTP is also committed to the ongoing development of our employees and has included mandatory safety training specific to position including H2S Alive, Confined Space Awareness, Fall Protection and Ground Disturbance."

Compliance tool used: No compliance tool used

Observation 3 - Information Request - Field Request 17 December 2020

Discipline: Safety Management

Categories:

Facility:

Observations:

N/A

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Due date: 2021-01-08

Date closed: 2021-01-13
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 4 - Information Request - Field Request 18 December 2020

Discipline: Safety Management

Categories:

Facility:

Observations:

N/A

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Due date: 2021-01-08

Date closed: 2021-01-14
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 - Information Request - 8 January 2021

Discipline: Safety Management

Categories:

Facility:

Observations:

N/A

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Provide copies of the following documents:

Due date: 2021-01-15

Date closed: 2021-01-13
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 - Interviews

Date & time of visit: 2020-12-17 07:00

Discipline: Safety Management

Categories:

Facility:

Observations:

Interview Schedule and Interview Notes attached to this Observation.

Compliance tool used: No compliance tool used

Observation 7 - General Observations

Date & time of visit: 2020-12-19 12:00

Discipline: Safety Management

Categories:

Facility:

Observations:

Incident Response 

  • Both the Construction Manager and the Safety Manager were immediately notified of the incident in accordance with the construction safety manual.
  • Regulatory notifications appeared to have been completed in accordance with legal requirements. 
  • In response to the incident, the general construction contractor halted all work on the Trans Mountain Expansion Project in the lower mainland area. 
  • On 16 Dec 2020, Trans Mountain halted all work project-wide.
  • The company has hired an external consultant to perform an incident investigation. 

 Training 

  • IOs reviewed competency evaluation records for the D9 dozer operator dated 11 Mar 2020. The ‘dozer evaluation sheet’ indicated the operator was competent in all areas.
  • IOs reviewed a sample of project orientation training records. The records appeared complete. A sizable portion of the orientation is devoted to working around mobile equipment, examples with photos showing blind spots of various trucks and dozers. 

 Contractor Oversight 

  • CER IOs performed ten interviews between Dec 17th and Dec 19th and reviewed several documents. Both the interviews and document review provide evidence that Trans Mountain: 
    • has taken reasonable steps to ensure construction activities are conducted in accordance with the construction safety manual,
    • has authorized Trans Mountain representatives to halt construction activities when the activity is not being conducted in accordance with the construction safety manual, and
    • documents daily safety inspections and/or observations on the construction activity.

Compliance tool used: No compliance tool used

Observation 8 - Information Request - Fit for Duty Records

Discipline: Safety Management

Categories:

Facility:

Observations:

CER Inspection Officers requested pre-employment fit for duty records for both the D9 dozer operator and the injured worker. The company provided the documents on 20 Dec 2020. The records for the injured worker were complete. However, records for the D9 dozer operator were missing evidence that medical and physical fit for duty testing has been performed.

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Trans Mountain to provide fit for duty documentation for the D9 Dozer operator.

Due date: 2021-01-27

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 9 - NNC 1 – Detailed Execution Plan for L600 Eagle Creek Infill

Date & time of visit: 2020-12-17 12:00

Discipline: Safety Management

Categories:

Facility:

Observations:

IOs reviewed a detailed execution plan titled ‘L600 Eagle Creek Infill’ (plan) dated 7 Dec 2020. The plan included a detailed execution road map, step by step work sequence, safe work procedures, job hazard analysis, and worker approval/authentication sign-off. Workers had initially signed the approval on 30 Nov 2020 and reconfirmed with their initials on 7 Dec 2020 and 14 Dec 2020.

  1.  KLTP Lower Mainland Project PSSP section 2.5 states “All work plans must be reviewed and approved by the Construction Manager, Superintendent, Quality Manager, Environmental designate and Safety Manager. No operation will begin without an approved detailed execution plan”. The plan was missing approval signatures from the Safety Manager, Quality Manager, Construction Manager, and the Environmental Coordinator.
  2. The name of the worker who was operating the rock truck on 15 Dec 2020 was missing from the plan. There was no evidence that the plan had been communicated to the rock truck operator in accordance with section 2.5 of the KLTP Lower Mainland Project Specific Safety Plan.

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

Regulatory requirement:

Relevant section(s):

Company action required:

Describe the process that Trans Mountain will use to ensure detailed execution plans are completed, approved, and communicated in accordance with section 2.5 of the KLTP Lower Mainline Project Specific Safety Plan.

Due date: 2021-03-01

Date closed: 2021-03-12
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

Observation 10 - NNC 2 - Record of Field Level Hazard Assessment

Date & time of visit: 2020-12-17 12:00

Discipline: Safety Management

Categories:

Facility:

Observations:

CER Inspection Officers requested copies of the 15 Dec 2020 field level hazard assessment(s) related to the L600 Eagle Creek Infill activities. No records were provided.

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

Regulatory requirement:

Relevant section(s):

Company action required:

Ensure field level hazard assessments are completed in accordance with section 2.16 of the KLTP Lower Mainland Project Specific Safety Plan.

Due date: 2021-03-01

Date closed: 2021-03-26
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 11 - NNC 3 - Unauthorized Personnel in Work Area

Date & time of visit: 2020-12-17 12:00

Discipline: Safety Management

Categories:

Facility:

Observations:

On 15 Dec 2020 a D9 dozer operating in the north quadrant of Burnaby Terminal contacted a worker causing serious injury. Following the incident, CER Inspection Officers (IOs) observed through interviews and document review that the injured worker's presence in that location was unexpected and not part of the daily work plan.

Appendix A of the KLTP Lower Mainland Project Specific Safety Plan identifies ‘contact between people and equipment’ as a hazard.
‘Unauthorized personnel will not be allowed in work area’ (the control) is listed as a control for this hazard. This control was not effective in preventing the injured worker from entering the area where the rock truck and dozer were operating.

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

Regulatory requirement:

Relevant section(s):

Company action required:

With respect to Burnaby Terminal, describe the process used to:

  1. implement this control,
  2. monitoring the effectiveness of the control, and
  3. communicate the control to anyone who is exposed to the hazard.
With respect to all spreads on the Trans Mountain Expansion Project, describe the process used to:
  1. implement this control,
  2. monitoring the effectiveness of the control, and
  3. communicate the control to anyone who is exposed to the hazard.

Due date: 2021-03-01

Date closed: 2021-04-01
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

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