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

INSPECTION OFFICER ORDER NO. SLM-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

, Pipeline Integrity Supervisor Western Region is a person conducting work associated with a regulated facility located at Burnaby, British Columbia.

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

On or about 2 /12 /2020 at 14:44 the undersigned Canada Energy Regulator inspection officer conducted a compliance verification activity at Burnaby Terminal on the Trans Mountain Facility.

RELEVANT FACTS

The Trans Mountain COVID-19 Response Plan states that “Any travel in a vehicle with 2 or more people requires face coverings and will be treated as a close proximity work environment.” and “If personnel must ride in crew trucks or other vehicles together [...] Individuals should be seated as far apart as possible ...”

The CER inspection officer observed two Trans Mountain employees in a pick-up truck, one as driver and one as passenger in the front seat, not wearing masks as required by the Trans Mountain COVID-19 Response Plan.

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

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

Specified Measures^{Footnote 1}:

1. For the two workers observed in the pick-up truck, don masks and leave the worksite.
2. Provide an assurance that the two workers have been fully instructed on the Trans Mountain COVID-19 Response Plan prior to returning to work. 
3. Provide a description of the Trans Mountain disciplinary ladder for non-compliance to the Trans Mountain COVID-19 Response Plan.
4. The Burnaby Terminal Management Team will conduct a “Safety Stand Down” at the earliest opportunity. Provide the Agenda and the method for delivery of the communication. Video conferencing would be acceptable.
5. The topics to be covered at the Safety Stand Down will include, at a minimum:
   1. the importance of compliance to the Trans Mountain COVID-19 Response Plan and who on the worksite(s) is responsible for ensuring compliance with COVID-19 measures;
   2. a clear description of the current COVID-19 statistics in Canada, in the health region, and specifically on the Trans Mountain Expansion Project;
   3. the provincial requirements for COVID-19 in place at the time of the Safety Stand Down; and
   4. the disciplinary ladder for non-compliance to the Trans Mountain COVID-19 Response Plan.

EFFECTIVE DATE OF THE ORDER

This inspection officer order takes effect immediately on 3 /12 /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 theCER Act.

Inspection Officer

Inspection Officer		__________________________________ Signature
	IO Designation
	3/12/2020
	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 #: CV2020-201

Date modified:

2023-05-18