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AMP Babcock and Wilcox Canada LTD Eng PDF
AMP Babcock and Wilcox Canada LTD Eng PDF
Violation
Failure to assist or give information requested by an inspector.
• Babcock & Wilcox Canada Ltd. holds CNSC licence number 01271-1-15.3 authorizing the
company to possess and use nuclear substances and prescribed equipment (radiation devices) for
the purposes of industrial radiography.
• On October 7, 2014 the CNSC conducted an inspection of industrial radiography operations
conducted by Babcock & Wilcox Canada Ltd. in Melville, Saskatchewan. During the inspection,
the CNSC inspector identified non-compliance items related to radiation device maintenance by
Babcock & Wilcox Canada Ltd. At the outset ofthe inspection, Babcock & Wilcox Canada Ltd.
was given until October 28, 2014 to submit to the CNSC inspector the corrective actions to
address the non-compliance items.
• On October 28, 2014 Babcock & Wilcox Canada Ltd. did not submit corrective actions as
requested by the CNSC inspector on October 7, 2014.
• On November 5, November 14 and November 19, 2014, the CNSC inspector contacted the
Radiation Safety Officer (RSO) and the NDE Manager at Babcock &Wilcox Canada Ltd. to
request a status update on the requested corrective actions. No corrective actions had yet been
taken or planned.
• On November 27, 2014 Babcock &Wilcox Canada Ltd.'s RSO provided the CNSC inspector with
a written response to the October 7, 2014 inspection report. The response indicated that Babcock
& Wilcox Canada Ltd. management was unable to resolve the non-compliance items.
• On November 28, 2014 the CNSC inspector sent an email to Babcock & Wilcox Canada Ltd.' s
RSO expressing concerns that the corrective actions had not been addressed and that the CNSC
was requesting a meeting with Babcock & Wilcox Canada Ltd. 's management to discuss urgent
resolution of this mater.
• From November 28 to December 10, 2014 the CNSC inspector held several telephone and email
communications with Babcock & Wilcox Canada Ltd. requesting further information without
success.
• On December 15, 2014 CNSC staff met with representatives of Babcock & Wilcox Canada Ltd. to
discuss the non-resolution of the October 7, 2014 non-compliance items. CNSC staff provided
Babcock & Wilcox Canada Ltd. with the chronology of requests and responses as outlined above.
Babcock & Wilcox Canada Ltd. was unable to provide a satisfactory response to the CNSC and
CNSC staff concluded that little action had been taken by the licensee to address the non-
compliance items.
• On December 15, 2014 the CNSC inspector issued Order #789 requiring Babcock & Wilcox
Canada Ltd. to immediately cease using two of their radiation devices until the company address
the October 7, 2014 non-compliance items to the satisfaction of the CNSC.
Based on my review of this matter and a consideration of the 7 factors in section 5 of the Administrative
Monetary Penalties Regulations, the amount of the penalty was determined by having regard to the
following:
1. Compliance history: A review of the licensee's compliance history revealed that Babcock & Wilcox
Canada Ltd. ' s overall compliance with CNSC regulatory requirements has been satisfactory.
2. Intention or negligence: Babcock & Wilcox Canada Ltd. has demonstrated negligence in resolving
the non-compliance items identified in the October 7, 2014 CNSC inspection.
3. Actual or potential harm: The delays in addressing the non-compliance items identified in the October
7, 2014 inspection did not result in any immediate harm from the radiation devices to either the
workers or members of the public between the time of the initial inspection on October 7, 2014 and
the issuance of Order #789 on December 15, 2014.
4. Competitive or economic benefit: There does not appear to be any competitive or economic benefit as
a result of the violation.
5. Efforts to mitigate or reverse effects: The violation did not result in effects requiring mitigation.
6. Assistance to Commission: Based on the documented chronology of communications between
Babcock & Wilcox Canada Ltd. and the CNSC inspector, evidence shows that the licensee was
dismissive or unresponsive to repeated requests by the inspector for information pertaining to the non-
compliance items identified during the October 7, 201 4 CNSC inspection.
7. Attention of Commission: The violation could not be brought to the attention of the CNSC as it was
identified during follow up by the CNSC inspector on non-compliance items related to the October 7,
2014 inspection.
x 99 000 6 930
[difference between category maximum and minimum/ ecart entre le montant minimal et le montant maximal] =
If you choose to request a review you must do so Si vous demandez une revision, vous devez le faire
within 30 days of the date of the notice in writing by dans les 30 jours suivant la date de l'avis, par ecrit
contacting: en communiquant avec :
Payment I Paiement
The manner in which this administrative monetary Cette sanction administrative pecuniaires peut etre
penalty may be paid is by sending a cheque to: payees par cheque libelle au nom du:
For other payment methods and further instructions, D'autres methodes de paiement sont disponibles,
please refer to the attached "Notice ofPayment Due " comme un virement, un depot direct et un paiement
par carte de credit. Pout de l'information sur ces
Should you not pay the penalty nor exercise your
, autres methodes de paiement, veuillez consulter le
right to a review. you will be considered to have
document Avis de paiement du ci-joint.
committed the violation and will be liable to the
penalty set out herein.
Si vous ne payez pas la sanction et n'exercez pas
votre droit de revision. on considerera gue vous avez
commis la violation et vous serez passible de la
sanction mentionnee aux presentes.
2015 I 0 1 I 1 5
Andre Regimbald Date
Designated Officer/Fonctionnaire designe
Page 6 of/de 6
Canada