FRRACS files letter of noncompliance with FERC and OSHA
/April 14, 2020
Ms. Kimberly D. Bose, Secretary
Federal Energy Regulatory Commission
888 First Street, NE
Washington, DC 20426
Re: Algonquin Gas Transmission, LLC, Docket No. CP16-9-000, Noncompliance with OSHA plan and State of Massachusetts orders during COVID-19 pandemic
Dear Secretary Bose,
In regards to the filing from Enbridge on the above docket on March 26, 2020 in response to the OSHA demand letter for safety verification during the COVID-19 pandemic, we have observed many failings over the past two weeks in reference to Enbridge’s safety plan.
Among the failures:
Out of state workers: We recognize that many of the out of state workers are residing in long term stay facilities in Braintree. We have no verification as to levels of safety, social distancing, and travel in and out of state for these workers. Guidelines from Governor Baker’s office call for self-quarantine for those coming in state for 14 days. There is no verification as to how this is being implemented by Enbridge. Workers come from 26 different states, some as close as Connecticut.
No social distancing: As seen from the many pictures attached, social distancing at the site is not possible due to the nature of the work. From Gov. Baker’s COVID-19 Order No. 13: All Projects: Construction sites that cannot consistently comply with the COVID-19 Construction Safety Guidance, including ensuring that social distancing and safety requirements are being followed, must:
• Safely secure the site and pause construction activities until a corrective action plan is prepared, submitted and approved by both the Owner and the city or town; or
• Close down the site for the duration of the State of Emergency if repeatedly found by either the Owner’s COVID-19 Officer or a state or local inspector (including a third party private inspector accountable to a city or town) to be in violation of the social distancing and safety requirements.
Noncompliance with FERC certificate of convenience: The above stated inability to comply with Order No. 13 is in direct violation of Enbridge’s certificate of convenience from FERC which states that the applicant must comply with local and state ordinances,laws, and directives.
No face masks: The CDC and Governor Baker have called for the wearing of face masks in public, especially where distances of 6 feet are difficult to maintain. From WCVB Television on April 4: BOSTON —Massachusetts Gov. Charlie Baker on Friday advised all residents to wear masks when they go in public as the state continues to cope with the COVID-19 pandemic.Baker said the Department of Public Health advisory is consistent with recommendations issued by the CDC. He said everyone should wear a mask in
public if they cannot maintain a six-foot distance from others. As shown on all pictures below, including pictures from April 6th and 14th, face masks are not being worn.
Sanitation and hand cleaning: Supplying pictures of hand soap and sanitation liquids in no way guarantees that protocol is being followed. We are demanding a picture of the running water sanitation station described in the documentation presented to OSHA. As of this writing we cannot identify running water on the construction site to be used for the washing of hands.
Taking of temperatures: The Fluke Ti45FT IR FlexCam Thermal Imager with IRFusion pictured in the Enbridge OSHA document is not for the taking of human temperatures as the range of error is too broad for this application. According to Fluke, “None of our Fluke Thermal Imagers or thermometers are approved by the FDA for human use. Designation is for Industrial applications.” We have witnessed the
“taking of temperatures” on several mornings as the workers arrive at the site with the Fluke Ti45FT. A worker showing a temperature of 98 degree could have a temperature of 102 degrees with the range of accuracy of this instrument. This is in no way protecting the workers or the public from the spread of the virus. As stated in our filing of March 17, 2020, it is not possible to maintain safety and health protocols on a construction site during a pandemic. Your failure to act to protect the public welfare is what we have come to expect from FERC. It is unfortunate that OSHA has not shut down this and many other sites across the nation during this public health emergency.
Respectfully submitted,
Alice Arena, President
Fore River Residents Against the Compressor Station
CC:
Loren Sweatt, Principal Deputy Assistant Secretary of Labor for Occupational Safety and Health
Robert R. Redfield, MD, Director Center for Disease Control and Prevention
Senator Edward Markey
Senator Elizabeth Warren
Representative Stephen Lynch
Representative Joseph Kennedy
Senator Patrick O’Connor
Representative James Murphy
Mayor Robert Hedlund, Town of Weymouth
Matthew Brennan, RS, Assistant Director, Health Department, Town of Weymouth
Correspondence.F049@dol.gov (OSHA)