notice of violation...

Administrative monetary penalty (AMP)

Notice of Violation (Corporation)

Date of notice: February 24, 2017 AMP number: 2017-AMP-03

Violation committed by: Amount of penalty:

ArcelorMittal Canada Inc. $3,970

Violation Failure to comply with a condition of a licence in violation of Paragraph 48(c) of the Nuclear Safety and Control Act.

Relevant facts I, Colin Moses, Director General of the Directorate of Nuclear Substance Regulation and designated officer authorized by the Canadian Nuclear Safety Commission (CNSC) to issue notices of violations, believe on reasonable grounds that ArcelorMittal Canada Inc. committed the above violation. The facts relevant to the violation and the penalty calculation are as follows:

ArcelorMittal Canada Inc. (AMC) holds a CNSC licence authorizing the use and possession of fixed nuclear gauges (Lic. No. 15904-1-21.0)

Licence 15904-1-21.0 includes licence condition 2052-3, titled “Vessel or Hopper Entry”, which requires that “entry into the vessel or hopper is performed in accordance with written procedures acceptable to the Commission or a person authorized by the Commission.”

On March 17, 2015, AMC submitted a vessel entry procedure which was accepted by the CNSC and referenced in the CNSC licence No. 15904-1-21.0.

On or about November 4, 2016, AMC issued a “Safe Work Permit” to enter the No. 4 Blast Furnace North and South Ore Hoppers. A Texas Nuclear 5010A fixed nuclear gauge containing a maximum of 37 GBq Am-241/Be is installed on each hopper. On or about November 8, 2016, two contractor workers entered one of the ore hoppers to construct scaffolding and allow access to the upper portions of the hopper. The workers remained in the hopper for approximately 1.5 hours to carry out their work.

On November 10, 2016, AMC staff identified that the fixed nuclear gauge affixed to the vessel had not been closed in accordance with the accepted vessel entry procedures.

On November 11, 2016, the CNSC was notified of the situation.

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Based on the information provided on November 11, 2016, AMC estimates a potential maximum radiation exposure to the contractors of 40.5µSv each. This dose estimate was confirmed by CNSC staff.

AMC staff investigated the cause of the incident and determined that there were two factors:

1) Incorrect work documents for the vessel entry were used; the documentation did not identify the presence of fixed nuclear gauges nor provide work instructions for locking out the fixed nuclear gauges.

2) The radiation warning signage at the entry to the vessel was illegible.

Based on my review of this matter, I am of the opinion that an administrative monetary penalty will deter recurrence of the above violation and promote future compliance with CNSC regulatory requirements. In consideration of the seven factors in section 5 of the Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission), the amount of the penalty was determined based on the following relevant facts:

1. Compliance history: Assessed score = 0

A Type II inspection carried out in October 2016 identified no items of non-compliance with respect to a previous vessel entry.

2. Intention or negligence: Assessed score = +1

The licensee’s use of an incorrect document package was the primary cause of the event and exposure to workers. This demonstrates a level of negligence on the part of the licensee. The licensee did not follow the approved procedure.

3. Actual or potential harm: Assessed score = +1

Access to the vessels was not managed according to CNSC approved procedures and resulted in two contract workers being exposed to low doses of radiation. Although the doses received by the two contract workers were below the limit for members of the general public, the doses were not consistent with the ALARA principle. The doses could have been higher had the work been closer to the fixed nuclear gauge(s) or taken a longer period of time to complete the work.

4. Competitive or economic benefit: Assessed score = 0

There is no identifiable competitive or economic benefit as a result of this non-compliance.

5. Efforts to mitigate or reverse effects: Assessed score = 0

There were no substantive effects as a result of this violation that required mitigation.



6. Assistance to Commission: Assessed score = -2

Once the licensee reported the non-compliance to the CNSC, the licensee provided a detailed event report, developed a corrective action plan and provided all information requested by the CNSC.

7. Attention of Commission: Assessed score = +1

Licensee radiation safety staff were made aware of the non-compliance two days after the incident. The licensee did not notify the CNSC until three days after the incident, contrary to the regulatory requirement of reporting immediately.



Penalty calculation: (See Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission) SOR/2013-139)

(1)29 being the maximum value of regulatory significance

(a) Category of violation

Category A Category B Category C

(b) Penalty range

Category Minimum Maximum Maximum – minimum

A $1,000 $12,000 $11,000

B $1,000 $40,000 $39,000

C $1,000 $100,000 $99,000

(c) Determining factors

Factors Scale of regulatory significance Assessed score

1. Compliance history 0 +1 +2 +3 +4 +5 0

2. Intention or negligence 0 +1 +2 +3 +4 +5 +1

3. Actual or potential harm 0 +1 +2 +3 +4 +5 +1

4. Competitive or economic benefit 0 +1 +2 +3 +4 +5 0

5. Efforts to mitigate or reverse effects -2 -1 0 +1 +2 +3 0

6. Assistance to Commission -2 -1 0 +1 +2 +3 -2

7. Attention of Commission -2 -1 0 +1 +2 +3 +1

Total 1

÷ 29 (1) [rounded to 2 decimal points]= 0.03

x 99000 [total] = 2,970

+ $ 1000 [minimum for the category] = $3,970



To request a review As a person subject to an administrative monetary penalty, you have the right to request a review of the amount of the penalty or the facts of the violation, or both. Your request must be made in writing indicating the reasons why you are requesting a review and providing supporting information.

If you choose to request a review, you must do so in writing by March 27, 2017 to:

Canadian Nuclear Safety Commission c/o Marc Leblanc Commission Secretary P.O. Box 1046, Station B Ottawa, ON K1P 5S9

Fax: (613) 995-5086 Telephone: (613) 995-6506 Email: [email protected]

Payment You may pay this administrative monetary penalty by sending a cheque to:

Receiver General for Canada c/o Canadian Nuclear Safety Commission Finance Division P.O. Box 1046, Station B Ottawa, ON K1P 5S9

For other payment methods and further instructions, please refer to the attached notice of payment due.

Should you neither pay the penalty nor exercise your right to a review, you will be considered as having committed the violation and will be liable to the penalty set out herein.


_______________________________ __________________


Issued by

Colin Moses Date

Designated Officer

Telephone: 613-993-7699

Email: [email protected]

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