Order DM-001-2021 pursuant to Section 109 of the Canadian Energy Regulator Act
INSPECTION OFFICER ORDER NO. DM-001-2021
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
, Construction Superintendent, Many Islands Pipe Lines (Canada) Limited (MIPL(C)L), a wholly owned subsidiary of SaskEnergy Incorporated, a provincial Crown corporation in the Province of Saskatchewan, is a person/Company conducting work associated with a regulated facility; abandoned facility; or ground disturbance on or near a facility located at Cold Lake Alberta to Pierceland Saskatchewan.
On or about 26 /01 /2021 at 15:30 the undersigned Canada Energy Regulator Inspection Officer conducted a compliance verification activity of/at KP Post 4+069, 33o37’ RT, Road 12.
- CER Inspection Officer observed a mobile compressed air system, capable of supplying worker breathing air, without adequate certifications guaranteeing the supplied air quality.
- CER Inspection Officer observed workers using respiratory protective equipment incorrectly.
- CER Inspection Officer observed workers subject to a respiratory fit test program not meeting the requirements of a fit testing program.
- Worksite available chemical safety data sheets did not meet requirements of WHIMS 2015.
GENERAL DUTY – REASONABLE CARE
Pursuant to section 94 of the CER Act, the holder of a certificate or permit must take all reasonable care to ensure the safety and security of persons, the safety and security of regulated facilities and abandoned facilities and the protection of property and the environment.
Based on the facts references 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
- stop doing something that is in contravention of Parts 2 to 5 or section 335 or cause it to be stopped;
- 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;
- 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
- 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.
MEASURES TO BE TAKEN
Many Islands Pipe Lines (Canada) Limited is ORDERED pursuant to subsections 109(1) and 109(2) of the CER Act to:
Specified MeasuresFootnote 1:
- Cease the use of air compressors supplying breathing air to workers until air quality certifications, and evidence of equipment inspection, in alignment with CSA Z180.1:19, or a more stringent standard, can be demonstrated to the Inspection Officer.
- Demonstrate an air quality certification for breathing air and supply systems, at the MIPL(C)L Pierceland Supply Expansion Project.
- Demonstrate adherence to an equipment inspection program, relevant to breathing air supply systems; including but not limited to the CSA180.1:19 Compressed breathing air and systems standard
- Specific to Coating Crew(s), provide the Inspection Officer assurance that coating crew workers have received training in the proper selection, use and care of respiratory protective equipment applicable to Coating Crew tasks (e.g.: blasting and coating)
- Specific to Coating Crew(s), provide the Inspection Officer assurance that coating crew workers who are required to wear and use Respiratory Protective Equipment have certification of a valid Respiratory Fit Test
- Specific to the abrasive blasting medium and coating products in use, demonstrate to the Inspection Officer valid Safety Data Sheets for blasting and coating products. Valid Safety Data Sheets describe the personal protective equipment, as applicable, to control personal exposure hazards related to chemical handling, use and clean up.
EFFECTIVE DATE OF THE ORDER
The Inspection Officer issued a verbal Inspection Officer Order, specific to the observed air compressor system, at 6:00pm, 26 /01 /2021. Upon receipt of verbal notice, MIPL(C)L communicated to the Inspection Officer that the applicable contractor(s) had been ordered to cease operations until further notice pending review of their safety practices and procedures with regard to abrasive blasting and coating.
This written Inspection Officer Order takes effect immediately at the time of delivery of the Order to whom it is directed or at 6:00pm, 27 /01 /2021, whichever comes first. Nothing in this order shall be construed as reducing, increasing, or otherwise affecting what may be required of the person/company to whom it is 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 Act is an offence under section 112 of the CER Act.
|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 #: CV2021-120
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