Order RRW-001-2020 AMENDED pursuant to Section 109 of the Canadian Energy Regulator Act

INSPECTION OFFICER ORDER NO. RRW-001-2020 AMENDED

IN THE MATTER OF THE CANADIAN ENERGY REGULATOR ACT,
AN ORDER UNDER SECTION 109

NAME OF PERSON(S)/COMPANY TO WHOM THIS ORDER IS DIRECTED

Ian Anderson,President and CEO- Accountable Officer, Trans Mountain Pipeline ULC (Trans Mountain)

is a person appointed by Trans Mountain Pipeline ULC to ensure that all regulatory obligations are met.

On or about 28 October 2020 Canada Energy Regulator (CER) Inspection Officers (IO) were deployed to site following a reported incident, INC2020-115, at the following location:

  • Trans Mountain Acheson Construction Yard located Information not available.
  • Spread 1 Shoofly 38A

RELEVANT FACTS

  1. At 16:31 MST on 27 October 2020, the CER was notified by the Transportation Safety Board by telephone of the fatality of a contract worker on a Trans Mountain construction site. 
  2. At 17:28 MST on 27 October 2020, per the CER event reporting guideline requirements, the CER received the Preliminary Event Report from Trans Mountain. Trans Mountain reported that a contract worker from SA Energy Group, or worker employed by the contractor on the project, was fatally injured during the disassembly of a trench box.

Based on the facts referenced herein, the inspection officer has reasonable grounds to believe that there is or is likely to be a contravention of Parts 2 to 5 or section 335 of the Canadian Energy Regulator Act (CER Act), or for a purpose referred to in subsection 102(2) CER Act, the inspection officer may, by order, direct a person to

  1. stop doing something that is in contravention of Parts 2 to 5 or section 335 or cause it to be stopped;
  2. take any measure that is necessary in order to comply with Parts 2 to 5 or section 335 or mitigate the effects of non-compliance;
  3. stop doing something that may cause a hazard to the safety or security of persons, or damage to property or the environment or cause it to be stopped; or
  4. take any measure that is necessary to prevent or mitigate the hazard to the safety or security of persons or damage to property or the environment.
In these Specified Measures and Order, the following terms are defined and interpreted as follows:
Trench Box Operations at all times shall include trench box deployment, assembly and disassembly
Trans Mountain Inspector workers or personnel of Trans Mountain or of an agent independent of any construction contractor retained by Trans Mountain as per Canadian Energy Regulator Onshore Pipeline Regulations (OPR) sections 6.5(1)(k) and 54.

MEASURES TO BE TAKEN

Trans Mountain is ORDERED pursuant to subsections 109(1) and 109(2) of the CER Act to:

 X Take measures specified as per (b) and (d) above
   Stop doing something as per (a) and (c) above
   Suspend work associated with a facility, including a regulated facility, abandoned facility or ground disturbance until the hazardous or detrimental situation has been remedied to the satisfaction of an inspection officer or the Order is stayed or rescinded

Specified MeasuresFootnote 1:

  1. All Trench Box Operations by SA Energy Group is prohibited until it can be demonstrated to the undersigned Inspection Officer that they can be assembled, deployed and disassembled in a safe manner.

    Specified Measure 1 does not prevent construction activities from continuing provided that the work does not violate the conditions of this Order including with respect to the use of trench boxes by SA Energy Group.
  2. Specific to Trench Box Operations, Trans Mountain is to:
    1. Confirm that a process for Trans Mountain Inspectors has been developed and implemented for:
      1. Competency and training for those Trans Mountain Inspectors with oversight responsibility related to Trench Box Operations to ensure they have sufficient expertise, knowledge and training required to exercise the requisite level of oversight to ensure safe operations; and
      2. Verifying Trans Mountain Inspector competency
    2. Confirm that all workers working in Trench Box Operations are and will be adequately trained and competency has been assured.
    3. Only proceed with Trench Box Operations once training and competency of all workers or personnel has been verified by Trans Mountain, pursuant to but not limited to the following:
      1. Requirements referenced in this Specified Measure 2; and
      2. The OPR.
    4. Provide written confirmation from Trans Mountain’s Accountable Officer to the undersigned Inspection Officer, which is to include a description of the key steps that have been taken to establish compliance with this Specified Measure.
  3. Specific to Trans Mountain Inspectors, Trans Mountain is to:
    1. Confirm that a process for all Trans Mountain Inspectors has been developed and implemented for:
      1. Competency and training for those with responsibility for oversight of high risk tasks to ensure they have sufficient expertise, knowledge and training required to exercise the requisite level of oversight to ensure safe operations.
      2. Verifying Trans Mountain Inspector competency.
    2. Only proceed with its work or activities once training and competency of Trans Mountain Inspectors has been verified by Trans Mountain, pursuant to but not limited to the following:
      1. Requirements referenced in this Specified Measure 3; and
      2. The OPR.
    3. Provide written confirmation from Trans Mountain’s Accountable Officer to the undersigned Inspection Officer, which is to include a description of the key steps that have been taken to establish compliance with this Specified Measure.
  4. A written confirmation from Trans Mountain’s Accountable Officer is to be provided to the undersigned Inspection Officer
    1. based on Trans Mountain’s documented evaluation of need, required pursuant to OPR section 6.4(c), that Trans Mountain has sufficient human resources allocated to:
      1. Adequately oversee high risk tasks; and
      2. Contractor oversight, including but not limited to as required pursuant to OPR sections 6.5(1), 18, 19, and 54.
  5. Conduct an investigation to determine the root cause(s) for the unsafe act or conditions resulting in the worker fatality. The investigation shall include but is not limited to an assessment of immediate, direct and basic causes, including causal, human and organizational factors and shall identify corrective and preventive actions.
  6. Submit to the CER a copy of the investigation report and an action plan for the implementation of the corrective and preventive actions identified in item 5. A preliminary investigation report is to be filed on or before 13 November 2020, followed by a final report to be filed on or before 11 December 2020.
  7. Items #2 (a) and (b) shall be confirmed on or before 20 November 2020.
  8. Item #3 shall be confirmed on or before 4 December 2020.
  9. Item #4 shall be confirmed on or before 11 December 2020.

EFFECTIVE DATE OF THE ORDER

This inspection officer order takes effect immediately on 30 October 2020 at the time of delivery of the order to the person/company to whom it is directed. Nothing in this order shall be construed as reducing, increasing, or otherwise affecting what may be required of the person/ company to whom it directed to comply with all applicable legislative or legal requirements.

COMPLIANCE WITH THIS INSPECTION OFFICER ORDER IS MANDATORY

Failure to comply with an inspection officer order issued under section 109 of the CER Actis an offence under section 112 of the CER Act.

An Inspection Officer may at any time verify compliance with respect to any of the Specified Measures above through additional compliance verification activities. Trans Mountain must maintain copies of the records used to establish verification with the Specified Measures herein for the purposes of inspection or audit.

Inspection Officer
Inspection Officer Information not available


Information not available
__________________________________
Signature
IO Designation Information not available
13/11/2020
Date
Suite 210, 517 10th Avenue SW Calgary AB  T2R 0A8

Please note that in compliance with the CER’s Enforcement Policy, this Order will be posted on the CER’s website.

 

CVA or Incident #: INC2020-115/CV2021-495

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