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

INSPECTION OFFICER ORDER NO. RRW-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

,President and CEO- Accountable Officer, Trans Mountain Pipeline ULC

is a person appointed by Trans Mountain Pipeline ULC (Trans Mountain) 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 .
• 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, succumbed to their injuries as a result of being caught and pinned under a cross beam of a trench box that was being disassembled by a side boom operator and three other laborers.

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.

MEASURES TO BE TAKEN

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

Specified Measures^{Footnote 1}:

1. Immediately cease all use and operation of trench boxes by SA Energy Group until it can be demonstrated to the undersigned Inspection Officer that they can be assembled, deployed and disassembled in a safe manner.
2. Specific to trench box operations, which includes assembly and disassembly, 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 with responsibility for oversight 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. Confirm that all workers working in trench box operations are and will be adequately trained and competency has been assured.
3. Across the Trans Mountain Expansion Project (TMEP), confirm that a process for 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.
4. Demonstrate that Trans Mountain has evaluated both its oversight capability and capacity required to adequately oversee high risk activities for the TMEP and that any gaps identified have been or are being addressed.
5. Conduct an investigation to determine root cause for the unsafe act and/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 on or before 13 November 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.

Inspection Officer

Inspection Officer		__________________________________ Signature
	IO Designation
	30/10/2020
	Date
	210-517 10 Ave 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

Date modified:

2023-05-18