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

INSPECTION OFFICER ORDER NO. LH-001-2020

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

Trans Mountain Pipeline ULC (Trans Mountain) is a person/Company conducting work associated with a regulated facility located at Burnaby, British Columbia.

On or about 3 December 2020 at 10:20 the undersigned Canada Energy Regulator inspection officer conducted a compliance verification activity at Spread 7 of the Trans Mountain Expansion Project (TMEP or Project), Westridge Marine Terminal and Burnaby Terminal, and related temporary infrastructure sites.

RELEVANT FACTS

On the 1st, 2nd and 3rd of December 2020, the inspection officer conducted a compliance verification activity of TMEP including Westridge Marine Terminal, Burnaby Terminal, and Spread 7 (respectively) and the associated temporary infrastructure sites (TISs). Trans Mountain’s contractor for all of these sites is Kiewit-Ledcor Trans Mountain Partnership (KLTP).

Trans Mountain representatives stated that Trans Mountain’s COVID-19 Response Plan, and accompanying guidance (collectively referred to herein as the ‘COVID Protocols’) apply to the TMEP and to Trans Mountain’s Operations.  The COVID Protocols state: that “Physical distancing rules must be followed at all times on all Trans Mountain worksites” but “it is understood that this is not always possible.” The COVID Protocols also state when “workers and camp guests will be within 2m (6ft) proximity of others […] face coverings are required…” to “completely covers the nose and mouth” and that “Site Supervision and Health and Safety teams must monitor the effectiveness of these plans and enforce the standards contained within.”  When asked about disciplinary actions taken when workers are non-compliant with the COVID Protocols, Trans Mountain representatives stated that KLTP had a disciplinary ladder that ranges from a verbal warning up to and including termination.

At each site workers (from both TMEP and Trans Mountain Operations) were observed not adhering to the requirements outlined in the COVID Protocols, despite the company messaging and signage around sites.  Over the course of the three days, the inspection officer documented 37 workers not adhering to the requirements outlined in the COVID Protocols.

The table below summarizes the number of non-compliances to the COVID Protocols documented by the inspection officer.

Non compliances to the COVID Protocols documented by the inspection officer
  Westridge Marine Terminal and related TIS with a workforce of ~230
on 1 Dec 2020
Burnaby Terminal and related TIS with a workforce of ~570 on 2 Dec 2020 Spread 7 and related TIS with a workforce  of ~40
on 3 Dec 2020
Occurrences1 of persons not wearing a mask (i.e. both nose and mouth uncovered) within 2 m of another person 9 4 -
Occurrences of persons wearing their mask improperly (i.e. nose uncovered) within 2 m of another person 10 4 1
Occurrences of persons wearing masks but working within 2 m of other persons not/ improperly wearing masks 4 4 1
Note: 1 Individuals who were observed not adhering to mask requirements after being reminded about them were counted for each observed occurrence.

These observations were not limited to a specific work site, rather the non-compliances were observed throughout the Lower Mainland region. Based on the inspection officer’s observations, there are systemic non compliances with respect to implementing measures to prevent the transmission of COVID-19 across worksites in the Lower Mainland region which are not being effectively addressed by Trans Mountain.

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

  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.

MEASURES TO BE TAKEN

Trans Mountain Pipeline ULC 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
 X 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. The two workers observed not wearing masks properly when working within 2 m of each other at the 88 Golden Drive TIS (associated with Spread 7), must immediately don masks and leave the worksite for the remainder of the day. (completed on 3 December 2020)
  2. At the earliest opportunity, Trans Mountain shall conduct a “Safety Stand Down” (SSD) to address all Trans Mountain employees, contractors and subcontractors currently working on any TMEP worksite within the Lower Mainland region. The topics to be covered at the SSD shall include, at a minimum:
    1. the provincial requirements for COVID-19 in place at the time of the SSD;
    2. a clear description of the current COVID-19 statistics in Canada, in the health region, and an accurate number of confirmed COVID cases on the TMEP to date;
    3. the importance of compliance to the COVID Protocols and who on the worksite(s) is responsible for ensuring compliance to them; and
    4. the disciplinary ladder for any observed non-compliance(s) to the COVID Protocols.
    At least 24 hours prior to conducting the SSD, Trans Mountain shall provide the inspection officer with an agenda for the SSD including the format(s) in which it will be delivered.
  3. Provide a plan outlining Trans Mountain’s disciplinary ladder for non-compliance to the COVID Protocols and stating how it will ensure that its employees and its contractors are consistently taking the appropriate disciplinary action(s) when any individual(s) on a Trans Mountain worksite (e.g. Trans Mountain employees, contractors, subcontractors and/or visitors) are identified as not adhering to the requirements and standards outlined in the COVID Protocols.

EFFECTIVE DATE OF THE ORDER

This inspection officer order takes effect immediately on 4 December 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.

Inspection Officer
Inspection Officer Information not available


Information not available
__________________________________
Signature
IO Designation Information not available
4/12/2020
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 #: CV2021-201

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