ARCHIVED - Emera Brunswick Pipeline Company Ltd. - Audit Report OF-Surv-OpAud-E236 01 - Appendix VI: EBPC Public Awareness Program Audit Evaluation Table

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Appendix VI
EBPC Public Awareness Program Audit Evaluation Table

1.0 POLICY AND COMMITMENT

1.1 Policy and Commitment Statements

Expectations: The company shall have a policy approved and endorsed by senior management (the Policy). It should include goals and objectives and commit to improving the performance of the company.

References:[1]
OPR-99 sections 4, 47and 48
CSA Z662-07 Clause 10.2.2

Assessment:
As part of an Operations and Maintenance (O&M) Agreement between EBPC and its Operator, the Operator is implementing and maintaining the Public Awareness Program (PA).

According to the Operator’s Public Awareness Plan, “the purpose of the[PA] program is to educate specific audiences on responsibilities surrounding, living and working near EBPC’s pipelines. Public Awareness is one of the key components of safe-guarding the integrity of the pipeline...” According to the Operator’s staff responsible for implementing the plan, the PA program is part of the larger public safety policy and there are only minor changes to the PA Program each year. Since the EBPC project is currently completing the transition from construction to operation, there were additional awareness activities and messaging activities being completed by EBPC public relations staff.

Both EBPC and the Operator were able to demonstrate that there is a policy that outlines the PA Program and its goals which is administered by the Operator’s senior staff.

Compliance Status: Compliant

[1] Each “Reference” in this table contains specific examples of the “legal requirements” applicable to each element but are not necessarily a complete list of all applicable legal requirements.

2.0 PLANNING

2.1 Hazards Identification, Risk Assessment and Control[2]

Expectations: The company shall be able to demonstrate a procedure to identify all possible hazards. The company should assess the degree of risk associated with these hazards. The company should be able to support the rationale for including or excluding possible risks in regard to its environment, safety, integrity, crossings and awareness and emergency management and protection programs (management and protection programs). The company should be able to implement control measures to minimize or eliminate the risk.

References:
OPR-99 sections 4(2), 37, 39, 40, 41
CSA Z662-07 Clause 10.2, 10.14

Assessment:
As part of an O&M Agreement between EBPC and its Operator, the Operator is implementing and maintaining the PA Program.

Interviews with staff and policy review indicate that the Operator considers PA activities to be important controls in addressing the hazards imposed by third parties who live and work around the pipeline. The Public Awareness, Emergency Preparedness and Lands Coordinator (Coordinator) has developed the plan based on knowledge of activities in the area and groups that could potentially pose a risk to the pipeline. For example, all-terrain-vehicle (ATV) drivers on the Right-of-Way (RoW) have been identified as a hazard because it can cause rutting on the RoW and a disturbance for the landowner. As a result, the Operator staff contacted the local ATV and snowmobile associations to discuss the trespass and rutting issues. Another example of a local group that poses a hazard is the logging companies that are known to cross the pipeline with heavy loads. The Operator has worked to establish a relationship with these companies in the area to promote awareness of the pipeline. As part of the PA plan, the Coordinator contacts these groups annually to re-affirm the message about safe work and recreation on pipeline RoW.

It was verified that the Coordinators have assessed the risks that certain groups pose to the pipeline and have incorporated them into the PA Plan. Document review and interviews verified that the Operator has identified its hazards as it relates to PA activities and has implemented appropriate controls to minimize the associated risks.

Although the Operator evaluates the external hazards introduced by third parties to the pipeline, PA activities are not included in the Safety Program’s Job Hazard Assessment which is intended to identify the possibility of any work related hazard for its employees. As public engagement activities introduce the potential for hostility from third parties, this hazard should be evaluated in the Operator’s safety program. Given the Canada Labour Code requirement for a “Violence in the Workplace policy”, the Board recommends that the Operator include PA activities among those assessed for hazards and that those risks be mitigated accordingly. (See Element 2.1 of Appendix II - Safety Program)

Compliance Status: Compliant with recommendation

[2] Hazard: Source or situation with a potential for harm in terms of injury of ill health, damage to property, damage to workplace environment, or a combination of these. Risk: Combination of the likelihood and consequence(s) of a specified hazardous event occurring

2.2 Legal Requirements

Expectations: The company shall have a verifiable process for the identification and integration of legal requirements into its management and protection programs. The company should have a documented procedure to identify and resolve non-compliances as they relate to legal requirements which includes updating the management and protection programs as required.

References:
OPR-99 sections 4 and 6
PCR Part II sections 4 and 5
CSA Z662-07 Clause 10.2.2(g)

Assessment:
As part of an O&M Agreement between EBPC and its Operator, the Operator is implementing and maintaining the PA Program.

For operational legal requirements, the Operator relies on staff participation in industry groups such as CSA and Canadian Energy Pipelines Association as well as regulatory updates posted on relevant government websites to relay regulatory information back to the appropriate staff for incorporation into procedures.

Although the Operator has established a PA Program as required by the PCR, it has not yet assessed the effectiveness of the PA Program as required by the National Energy Board Pipeline Crossing Regulations (PCR) Part II subsection 4(2). Document review confirmed that the PCR Part II subsection 4(2) requirement to assess the effectiveness of the program has been identified and included in the PA plan. However, the evaluation process or criteria was not available for evaluation. As the pipeline was in operation for less than one year an assessment of effectiveness had not been done at the time of the audit.

The Board recommends that the Operator develop and implement a process to assess the effectiveness of the PA program as required in the PCR.

Compliance Status: Compliant with recommendation

2.3 Goals, Objectives and Targets

Expectations: The company should have goals, objectives and quantifiable targets relevant to the risks and hazards associated with the company’s facilities and activities (i.e. construction, operations and maintenance). The objectives and targets should be measurable and consistent with the Policy and legal requirements and ideally include continual improvement and prevention initiatives, where appropriate.

References:
OPR-99  47 and 48
CSA-Z662-07 Clause 10.2.2(h)(ii)

Assessment:
During the transition phase from construction to operation, EBPC’s community relations strategy included a large awareness component and separate events were planned such as a celebration of the green space in Rockwood Park and a funding initiative for local volunteer fire departments. Although the EBPC public relations initiatives will be ongoing, the PA Program for the Brunswick Pipeline is managed and executed by the Operator in New Brunswick as part of an O&M Agreement. To that end, the Operator has integrated EBPC facilities into its existing PA plan that is currently developed, executed and tracked by the Coordinator. The Coordinator establishes annual goals and targets including the timing of the mail-outs and the number of the presentations to key audiences. The Coordinator also leverages other pipeline companies that are now in the area to support joint awareness activities. Along with presentations to target groups, they also submit “Call before you dig” ads for publication in local trade journals as well as sponsoring related events such as contractor breakfasts. All of these activities are recorded and tracked.

The Board verified through documentation review including the PA Plan and confirmed that the Operator has set annual goals for the PA Program to ensure the appropriate audiences are receiving awareness information.

Compliance Status: Compliant

3.0 IMPLEMENTATION

3.1 Organizational Structure, Roles and Responsibilities

Expectations: The company shall have an organizational structure that allows its management and protection programs to effectively function. The company should have clear roles and responsibilities, which may include responsibilities for the development, implementation and management of the management and protection programs.

References:
OPR-99 sections 40, 47 and 48
CSA Z662-07 Clauses 10.2.1 and 10.2.2(b)

Assessment:
As part of an O&M Agreement between EBPC and its Operator, the Operator is implementing and maintaining the PA Program.

The Coordinator is accountable for the development and the execution of the PA Program. This position reports to the RoW Manager of the northeast region in Head Office (Waltham, MA). According to the Operator’s area and regional managers, the Coordinator position functions with little oversight of the awareness program. Although there is no direct supervision for this position in the office, interviews confirmed that the Coordinator reports his awareness activities for the Brunswick Pipeline facilities to EBPC staff.

The Coordinator is responsible for the planning and delivery of the various aspects of the PA Program from coordinating the mail-outs to conducting all of the presentations to key audiences both planned and on request. This position is the sole employee responsible for the delivery of public awareness for the Brunswick Pipeline with administrative assistance for the landowner mail-outs. During interviews, staff indicated that the delivery and maintenance of the PA Program requires approximately 20% of his overall time. This position also has senior level responsibilities with the third party crossings and emergency response programs.

Although the Board verified that the current structure allows for the execution of the PA Program as described in the existing PA Plan. However, if circumstances change, enhancements to the program are required, or the number of PA activities required increases over time, the Operator may not be able carry out its PA Program with the current level of staffing. It is therefore recommended that the Operator review the resourcing of the PA Program to ensure that the program continues to meet awareness needs and the regulatory requirements for effectiveness.

Compliance Status: Compliant with recommendation

3.2 Management of Change

Expectations: The company shall have a management of change program. The program should include:

  • identification of changes that could affect the management and protection programs;
  • documentation of the changes; and
  • analysis of implications and effects of the changes, including introduction of new risks or hazards or legal requirements.

References:
OPR-99 section 6
CSA Z662-07 Clause 10.2.2 (g)

Assessment:
With the Brunswick Pipeline in its operational phase, EBPC has included the management and implementation of the PA Program in the O&M Agreement with the Operator. Although there was no formal re-evaluation of the PA program as a result of the Brunswick Pipeline facilities, there was an evaluation of the impact of increased number of landowners on the PA program. Based on this evaluation, it was determined that additional administrative support was required to assist with PA program meeting its targets.

Although the Operator had an initiative underway to develop and implement a formal management of change (MOC) program for its protection programs, at the time of the audit, the Operator did not demonstrate that the PA Program would be included in the MOC program.

Compliance Status: Non-compliant

3.3 Training, Competence and Evaluation

Expectations: The company shall have a documented training program for employees and contractors related to the company’s management and protection programs. The company shall inform visitors to company maintenance sites of the practices and procedures to be followed. Training requirements should include information about program-specific policies. Training should include emergency preparedness and environmental response requirements as well as the potential consequences of not following the requirements. The company should determine the required levels of competency for employees and contractors. Training shall evaluate competency to ensure desired knowledge requirements have been met. Training programs should include record management procedures. The training program should include methods to ensure staff remains current in their required training. The program should include requirements and standards for addressing any identified non-compliances to the training requirement.

References:
OPR-99 sections 28, 29, 30(b), 46, 47, 48 and 56
CSA Z662-07 Clause 10.2.2(c)

Assessment:
With the Brunswick Pipeline in its operational phase, EBPC has included the management and implementation of the PA Program in the O&M Agreement with the Operator.

Review of the Operator’s training program concluded that the Coordinator receives communication training as part of the Emergency Management Program. Document review revealed that there was no training given related specifically to PA activities and no evaluation had been done to identify training requirements. At the time of the audit, skill development for routine PA activities had not been evaluated to determine if additional training was required. Interviews confirmed that there are no succession plans in place for this position. Instead, as a long term employee working in the area, the Coordinator relies on his considerable and varied experience to perform his PA related duties and respond to concerns.

The Operator did not demonstrate that it has included identifying training needs for PA activities in its Training Program to ensure the ongoing effectiveness as required.

Compliance Status: Non-compliant

3.4 Communication

Expectations: The company should have an adequate, effective and documented communication process(es):

  • to inform all persons associated with the company’s facilities and activities (interested persons) of its management and protection programs policies, goals, objectives and commitments;
  • to inform and consult with interested persons about issues associated with its operations;
  •  to address communication from external stakeholders;
  • for communicating the legal and other related requirements pertaining to the management and protection programs to interested persons;
  • to communicate the program’s roles and responsibilities to interested persons.

References:
OPR-99 sections 18, 28 and 29
CSA Z662-07 Clauses 10.2.2(d)
PCR Part II sections 4 and 5

Assessment:
With the Brunswick Pipeline in its operational phase, EBPC has included the management and implementation of the PA Program in the O&M Agreement with the Operator.

According to staff, the Coordinator reviews the PA program and adjusts it as required. The target audiences have been identified based on landowner issues and groups that will be working around the pipelines. Presentations to high risk groups are an essential component of a PA program. The Board reviewed the presentations for content and considered them to be comprehensive and appropriate for the intended audiences. The Coordinator also receives requests to conduct tailored presentations from groups such as municipalities, ATV associations, forestry contractors and park rangers. The Operator also partners with local construction companies, other buried infrastructure companies to hold contractor breakfasts and sponsor ads about safe digging in local trade journals. The Operator conducts an annual mail out for all Landowners in New Brunswick to remind them of the safety considerations when working around the pipeline. The Brunswick Pipeline website is another aspect of the communication with external stakeholders. It was confirmed that the website provides adequate safety and contact information related to presence of the pipeline and the instructions for contacting the Operator for permission to conduct work near the pipeline.

Document review and interviews confirmed that the Operator has communication processes in place that allow it to effectively communicate activities related to its pipelines with external stakeholders. Internal communication with EBPC takes place in the weekly calls. External PA activities are discussed as a standing agenda item.

Although there are several communication mechanisms in place, the Operator could not demonstrate that there is a formalized and implemented overarching communication plan that outlines the distribution of various types of information to appropriate parties. While interviews confirmed communication is occurring through the means identified above, without a formal communication plan, the Operator cannot ensure that all stakeholders and interested parties are receiving the appropriate information in a timely fashion.

Although there is communication regarding awareness activities occurring, the Board recommends that the Operator include PA program related information into the overarching formalized communication plan.

Compliance Status: Compliant with recommendation

3.5 Documentation and Document Control

Expectations: The company should have documentation to describe the elements of its management and protection programs- where warranted. The documentation should be reviewed and revised at regular and planned intervals. Documents should be revised immediately where changes are required as a result of legal requirements or where failure to make immediate changes may result in negative consequences. The company should have procedures within its management and protection programs to control documentation and data as it relates to the risks identified in element 2.0.

References:
OPR-99 section 27
CSA-Z662-07 Clause 10.2.2(e)(f)
PCR Part II sections 10 and 11

Assessment:
With the Brunswick Pipeline in its operational phase, EBPC has included the management and implementation of the PA Program in the O&M Agreement with the Operator required by the PCR Part II.

The Operator manages the PA Program related documentation in the Fredericton, NB office. The administrator maintains the system manually by posting most recent procedures on the Area Share-point site which is available on an internal network. The administrator also plays a key role in the control of changes to the Operations and Maintenance Procedures which are executed through revision request forms. Once the procedure is changed, the administrator posts the new procedures to the internal network. The administrator is the central resource for controlling the process related documents and reports. The Coordinator maintains the PA related documents and presentations used for the in hard copy.

The Operator provided documentation which describes its PA Program, and demonstrated that changes to the document are controlled and the most current versions are made available electronically.

Compliance Status: Compliant

3.6 Operational Control - Normal Operations

Expectations: The company should establish and maintain a process to develop, implement and communicate mitigative, preventive and protective measures to address the risks and hazards identified in elements 2.0 and 3.0. The process should include measures to reduce or eliminate risks and hazards at their source, where appropriate.

References:
OPR-99 sections 27-49
CSA Z662-07 Clauses 10.2.2(f) & 10.3.1
PCR Part II sections 4 and 5

Assessment:
With the Brunswick Pipeline in its operational phase, EBPC has included the management and implementation of the PA Program in the O&M Agreement with the Operator.

According to the PCR, the company must have a program that makes people aware of the pipeline and provides them with instructions for obtaining permission to work safely around the pipeline. The PA Plan was reviewed on site to verify that it included all required safety information for those people who live and work around the pipeline. Interviews with staff conclude that the PA plan is developed based on the risks by third parties and PA activities are developed to mitigate those risks. The Operator’s program has evolved over time to include not only landowners, but other potentially relevant parties such as local excavators, municipalities and local outdoor activity associations. It also includes forestry companies as they tend to carry heavy loads over the pipeline.

It was verified that the Operator has implemented a process to communicated mitigative, preventive and protective measures to address the hazards and risks associated with its activities.

Compliance Status: Compliant

3.7 Operational Control - Upset or Abnormal Operating Conditions

Expectations: The company shall establish and maintain plans and procedures to identify the potential for upset or abnormal operating conditions, accidental releases, incidents and emergency situations. The company sall also define proposed responses to these events and prevent and mitigate the likely consequence and/or impacts of these events. The procedures must be periodically tested and reviewed and revised where appropriate (for example, after emergency events).

References:
OPR-99 sections 32, 52
CSA-Z662-07 Sections 10.3.2 and 10.14

Assessment:
Upset conditions for crossing related activities would constitute an emergency and would be mitigated as per the Emergency Response Plan. It was verified that the Operator has conducted table tops that tested these types of emergency such as third party damage. The Emergency Preparedness and Response (EPR) Program was evaluated as a distinct program as part of this audit. For an evaluation of the EPR Program refer to Appendix IV of this report.

Compliance Status: N/A

4.0 CHECKING AND CORRECTIVE ACTION

4.1 Inspection, Measurement and Monitoring

Expectations: The company shall develop and implement surveillance and monitoring programs. These programs should address contract work being performed on behalf of the company. These programs should include qualitative and quantitative measures for evaluating the management and protection programs and should, at a minimum, address legal requirements as well as the risks identified as significant in elements 2.0 and 3.0. The company should integrate the surveillance and monitoring results with other data in risk assessments and performance measures, including a proactive trend analysis. The company shall have documentation and records of its surveillance and monitoring programs.

References:
OPR-99 sections 36 and 39
CSA Z662-07 Clauses 9 and 10
PCR Part II sections 4, 5, 10 and 14(1)

Assessment:
With the Brunswick Pipeline in its operational phase, EBPC has included the management and implementation of the PA Program in the O&M Agreement with the Operator.

As noted elsewhere in this report, the Coordinator reviews the PA program annually to ensure that there is contact with the identified target groups. These target audiences have been identified based on landowner issues and groups that will be working around the pipelines. The Operator demonstrated that it tracks and reports on awareness activities conducted in a given year. The Board reviewed the awareness material and presentations and did not note any deficiencies in the information. However, the Board could not verify that the Operator had formally assessed the effectiveness of the PA program as required by the PCR.

The Operator was not able to demonstrate that there has been an evaluation of the effectiveness of the awareness program and maintained a record of the assessment as required by the PCR, Part II subsection 4(2).

Compliance Status: Non-compliant

4.2 Corrective and Preventive Actions

Expectations: The company shall have a process to investigate incidents or any non-compliance that may occur. The company shall have a process to mitigate any potential or actual issues arising from such incidents or non-compliances.

Such mitigation may include appropriate timing and actions for addressing the issues that arise. The company shall demonstrate that it has established a documented procedure to:

  • set criteria for non-compliance;
  • identify the occurrence of any non-compliances;
  • investigate the cause(s) of any non-compliances;
  • develop corrective and/or preventative actions; and
  • effectively implement the required corrective and/or preventative actions.

The company should develop procedures to analyze incident data in order to identify deficiencies and opportunities for improvement in its management and protection programs and procedures.

References:
OPR-99 sections 6 and 52
CSA Z662 Clauses 10.2.2(g)(h) and 10.14
PCR Part II section 13

Assessment:
With the Brunswick Pipeline in its operational phase, EBPC has included the management and implementation of the PA Program in the O&M Agreement with the Operator.

In addition to conducting PA presentations as a preventive measure, the Operator uses PA activities and related material to mitigate non-compliances with the PCR by providing information and presentations regarding safe work practices to parties that have contravened the PCR. Depending on the severity of the activity and the likelihood of a recurrence, the Coordinator will conduct safety presentations or awareness sessions with the offenders to ensure that the parties are well-informed of the regulations and safety requirements.

Compliance Status: Compliant

4.3 Records Management

Expectations: The company shall establish and implement procedures to ensure that the records supporting the management and protection programs are retained, accessible and maintained. The company shall, as a minimum, retain all records for the minimum lengths of time as required by the applicable legislation, regulation and standards incorporated by reference into the regulation.

References:
OPR-99 sections 41, 51, 52, 56
CSA Z662-07 Clauses 10.2.2(e) and 10.14
PCR Part II sections 10(c), 11(1) and 16

Assessment:
With the Brunswick Pipeline in its operational phase, EBPC has included the management and implementation of the PA Program in the O&M Agreement with the Operator. The Operator maintains records of PA activities in the New Brunswick office which include records of each event attended and each presentation given. Information such as the list of stakeholder groups as well as participation in awareness activities with other agencies promoting safe work practices around buried infrastructure can also be found in the office. Document review onsite confirmed that records of PA activities have been maintained in the Fredericton, New Brunswick office since the program was established.

Records containing landowner contact information are also integral to the success and effectiveness of the annual mailout of awareness material. The Coordinator uses a database to manage landowner contact information. Review of records management procedures and interviews with field staff found the following deficiencies in the process for managing this information:

  • Verification of the accuracy of the landowner information takes place following the annual mail-outs. Staff make corrections when the letters are sent back “return to sender” or the new residents contact them to correct the addressee information. This process relies heavily on the new residents self-identifying by returning mail and could result in the inaccuracy of the information.
  • Damage prevention awareness information is mailed to known landowners. People who are renting properties along the right of way receive damage prevention awareness material only as part of the Emergency Management program. As such, it is unclear whether they are made aware that they reside not only in the Emergency Planning Zone, but on a property with a pipeline easement. Those people who live on an easement have legal obligations, safety considerations as well as expectations of the pipeline company over and above those of other EPZ residents. The company should ensure that they are aware of the distinction.

During interviews field staff indicated that there is not a rapid rate of landowner turnover. However, as development encroaches on the pipeline, the current system of managing landowner information may not allow EBPC’s awareness material in the future to reach the people who need to know and would put EBPC in non-compliance.

The Board recommends that the Operator reassess the maintenance procedure for landowner contact information as well as how they ensure people residing on an easement are informed about damage prevention to ensure that the PA Program can remain effective in communicating to landowners.

Compliance Status: Compliant with recommendation

4.4 Internal Audit

Expectations: The company shall develop and implement a documented process to undertake audits of its management and protection programs and procedures. The audit process should identify and manage the training and competency requirements for staff carrying out the audits. These audits shall be conducted on a regular basis.

References:
OPR-99 sections 53
CSA Z662-07 Clause 10.2.2(h)

Assessment:
With the Brunswick Pipeline in its operational phase, EBPC has included the management and implementation of the PA Program in the O&M Agreement with the Operator. According to the PCR, companies must assess the effectiveness of the PA program. As the Brunswick Pipeline is still in its first year of operation, there would not be adequate information to conduct an effective audit of its operational programs relating to public awareness.

The Board recommends that the Operator conduct an audit of the management and protection programs including Public Awareness to ensure compliance with legal requirements and to verify that the programs are being implemented as designed.

Compliance Status: Compliant with recommendation

5.0 MANAGEMENT REVIEW

Expectations: Senior management should formally review the management and protection programs for continuing suitability, adequacy and effectiveness. The review should be based on appropriate documentation and records including the results of the surveillance, monitoring and audit programs. This review should be formal and documented and should occur on a regular basis. The management review should include a review of any decisions, actions and commitments which relate to the improvement of the programs and the company’s overall performance.

References:
OPR-99 section 53
CSA Z662-07 Clause 10.2.2(h)(iii)
PCR Part II, sections 4 and 5

Assessment:
See Appendix VII for the assessment of this element.

Compliance Status: See Appendix VII for the assessment of this element.

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