THE VENERABLE TODD MARTIN & OTHER AMEC ENGINEERS FACE DISCIPLINARY INQUIRY ON MT POLLEY A time for Examination & Discernment For Needed Changes To Governance

CONTACT Lindsay Newland Bowker, Bowker Associates Science & Research In The Public Interest LNBowker@BwkerAssociates.org 207 367 5145

September 27, 2018

https://www.ctvnews.ca/mobile/business/three-engineers-to-face-disciplinary-hearings-in-mount-polley-disaster-1.4110941

 

This is good news indeed to have this focus on a key aspect of  the events leading to failure at Mt Polley..the  AMEC team ‘s rejection of MEM’s insistence that the original slope be restored and the construction of the rock wall that was part of Knight Piesolds original plan be undertaken( as I recall..I am writing this from memory without re reference to all the original documents).

Knight Piesold the original designer of the center line plan for Mt Polley did not concur with the deviation in slope which resulted from the discovery that the material  from the superficially vetted  reopening plan had too much PAG material to provide for the original flatter more stable slope.  Knight Piesold objected to continuing that slope and had raised issues  about the stability of the dam insisting on a stability analysis.

Knight Piesold , as they had done at one other famous tailings failure resigned stating the clients refusal to follow the advice given.( I have and will excavate from my files the identical letters Knight Piesold wrote for both).The engineering services contract was awarded to AMEC a company with a formidable reputation for quality engineering and professional integrity including the celebrated and oft cited Todd Martin who is included in this professional conduct review.

AMEC, as I recall, was undergoing a huge global expansion at the time and issues were publicly raised  about the “junior” caliber of the team they assigned to Mt Polley.  The engineer in charge , per AMEC’s corporate action , Laura Fidel, is also a central figure in this disciplinary investigation which describes her as having no experience whatsoever in tailings design and management.

It is in the public interest that this decision is being reviewed as a matter of professional conduct in the context of a professional accreditation process that the public relies on for safety and soundness of all structures.

Engineering, like all professional services not only implies,but relies on,the training and experience to create innovation working from the established body of practice and study but going soundly beyond  to new approaches addressing previously unsolvable problems.   In mining, the role of the engineer , the experience and qualifications of the people focused on the specifics of each deposit is critical  as no two deposits are alike in composition and setting. The experience and standard of conduct of the engineering team  including, as Geoff Blight often emphasized, a thorough command of available technology and its appropriate use  is the entire underpinning of  “the public interest”.  A name like “AMEC” and highly regarded frequently cited in tailings research  engineer Todd Martin’s senior engineering position in that firm  has great weight with regulators, with the public, and in the community of professional engineers globally.

What came from AMEC’s involvement,according to the documents referenced and presented in the Mt Polley panel report, was AMEC’s defense of  Imperials disagreement with Knight Piesold even to the point of  objecting to the measures MEM had recommended in the interests of safety..the construction of the full retaining wall and , the return of the slope to its original design .

The auditor general’s report maintains that MEM had authority it didn’t use to insist  but without offering defense or excuse I can understand as a career public official  and advisor a reluctance to challenge a company as venerable as AMEC with a senior engineer as famous and highly regarded as Todd Martin.

It was Jack Caldwell’s now obliterated discourse post failure that first publicly named the inferior quality of the team AMEC put in place.

The dam design  was taken over by a British company that had no objective other than full time-sheets.  BGC had raided AMEC years before of its competent tailings engineers, and AMCE youth were left naked and beholden to computer analyses and bereft of shovel-turning expertise.  Many months before the failure, the joke at BC meetings was how BGC had gotten all the good tailings engineers from AMEC and how sad it was that the AMEC folk continued in honest attempts at what was not within their sphere of competence. ” Jack Caldwell

Jack wants engineering in mining to always be the best of what the profession of engineering is about.  His bombastic commentary at the demolished “I Think Mining” was almost always about ways in which engineers let the profession down or ways in which corporate structure and policy made it impossible for engineers to do what’s right.

This investigation is critical to restoring public confidence in the entire system of mine approvals and oversight. It is truly shocking if AMEC in fact assigned an  unqualified engineer as RE without adequate supervisory oversight and deeply troubling to have a name as venerable and as associated with tailings management standards as Todd Martin’s name is in a news headline like this but he does owe British Columbia and the world an explanation.  This was a critically vulnerable time in  the life of that already failing TSF.  The entire AMEC supervisory structure in place at Mt Polley  needs to be laid out and examined in detail. The refusal to follow MEM’s recommendations needs to be laid out and examined in the context of professional conduct and as importantly in the context of law & policy. Did MEM ever challenge Ms. Fidel’s qualifications or raise the issues of this investigation with AMEC?

I hope Jack gets no black marks for his commentary on the junior caliber AMEC assigned or on the absurd profile of the TSF as it was taken over by AMEC.  Even  a layman like me could see it was neither fish nor fowl in engineering design. Jack wants engineering to be what it should be in all situations. All engineers should want that and do that. The public interest relies on that.

The outcome that matters here isn’t what disciplinary action the famous and revered Todd Marin may face. What matters is a fuller explanation of how the system failed  so that we can better understand what we need to do to fix it.

The larger issue here in my mind is the brain drain in mining globally.  It is widely recognized  that there simply aren’t enough properly trained and experienced engineers to manage the estimated 18,000 tailings facilities globally.

This disciplinary inquiry is ultimately about one of the most serious global issues  in delivery of  community of origin security and the security of environments surrounding mineral extraction & processing  sites.  In theory young engineers working under people of Todd Martins caliber and folk approved by him as supervisory should satisfy the public interest.  How else do we expand the number of tailings experienced engineers?.

All professional services rely on  internship and residency as a mode of professional training and development: one senior person passing skill and experience onto many new entrants.  Ms. Fidels  alleged lack of training and experience is not per se an issue if the supervision and oversight was there but at the same time anyone holding a title and performing services in accordance with that title must have the qualifications  to perform those services and make decisions in the field.

It is important for future safety not to gloat and point fingers at those under investigation nor  to just rejoice that someone is being held to account.  If we are going to meet the very serious elevated risk at mineral extraction and processing  sites around the world we must follow and listen to these proceedings with a view to understanding how we fix the mining brain drain and what qualifications standards must be in law and regulation.

Here are the actual Notices of Inquiry

Todd Martin

LAURA FIDEL

Stephen Rice

 

 

Stonington, Maine

**** Additional Links & Info****

 

 

Michael Davies, Todd Martin & AMEC challenging the Knight Piesold Requirement for a rockwall in 2007

 

https://www.mountpolleyreviewpanel.ca/sites/default/files/background-documents/MP10035_2007-02-23_AMEC_2007%2002%2023%20Dam%20Safety%20Review%20Follow-up%20%28AMEC%29.pdf

 

The entity bringing the charges of negligence & professional misconduct describing the investigation that lead to this announcement on September 25,2018.

At this stage, the allegations have not been heard by a disciplinary panel and are unproven.

The investigation was led by a 3-person subcommittee of senior professionals from Engineers and Geoscientists BC’s Investigation Committee. During the course of its investigation, the subcommittee received more than 13,000 documents for review, including contracts, reports, correspondence, and daily site reports. In addition, it considered the reports resulting from other public investigations conducted by the Independent Expert Engineering Investigation and Review Panel and the Chief Inspector of Mines.

https://www.egbc.ca/News/News-Releases/Mount-Polley-Disciplinary-Hearings-Announced

 

The British Columbia Engineer & Geoscientists Act under which the investigation was conducted and the hearings noticed to the three engineers at AMEC

http://www.bclaws.ca/civix/document/id/complete/statreg/96116_01

 

Duties and objects of the association

4.1   (1)It is the duty of the association

(a)to uphold and protect the public interest respecting the practice of professional engineering and the practice of professional geoscience,

(b)to exercise its powers and functions, and perform its duties, under this Act, and

(c)to enforce this Act.

(2)The association has the following objects:

(a)subject to subsection (1), to uphold and protect the interests of its members and licensees;

(b)to establish, maintain and enforce standards for the qualifications and practice of its members and licensees;

(c)to promote the professions of professional engineering and professional geoscience.

 

Disciplinary inquiry

32   (1)[Repealed 2007-8-34.]

(2)On receipt of the investigation committee’s recommendation under section 30 (9) or (10) for an inquiry, the discipline committee must cause an inquiry to be held before it by causing written notice of an inquiry to be personally served on the person who is the subject of the inquiry or, failing personal service, by leaving the notice at, or by mailing it by registered mail to, the person’s last address on file with the association.

(3)Notice under subsection (2) must be given at least 14 days before the inquiry unless this requirement is waived by the person who is the subject of the inquiry.

(4)The notice must include all of the following:

(a)a statement of the time, place and purpose of the inquiry;

(b)a reference to the statutory authority under which the inquiry will be held;

(c)a statement that if the person who is the subject of the inquiry does not attend the inquiry, the discipline committee may proceed with the subject matter of the inquiry in that person’s absence and make findings of fact and its decision without further notice to that person.

(5)In the event of nonattendance of the person who is the subject of the inquiry, the discipline committee, on proof of service of the notice under subsection (2), which proof may be made by affidavit, may proceed with the subject matter of the inquiry in that person’s absence and make findings of fact and its decision without further notice to that person.

(6)The discipline committee, or any member of the discipline committee, may issue a subpoena for the attendance of a witness at an inquiry and for the production of records by the witness at the inquiry.

(7)Failure of a witness to attend or produce the required records makes the witness, on application by the association to the Supreme Court, liable to be committed for contempt as if in breach of an order or a judgment of the Supreme Court.

 

 

 

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About lindsaynewlandbowker

Bowker Associates, Science & Research In The Public Interest, is an independent non profit providing self initiated pro bono analysis on key issues with a potential for massive adverse environmental impact . Bowker Associates has been an internationally recognized and cited voice in analysis of the Samarco failure, its consequence, and the possibilties for recovery. In 2017 we partnered with Daveid M. Chambers, a world leader in responsible mining, in our third joint work on the economics of tailings failures. Bowker, L.N.; Chambers, D.M. In the Dark Shadow of the Supercycle Tailings Failure Risk & Public Liability Reach All Time Highs. Environments 2017, 4, 75. http://www.mdpi.com/2076-3298/4/4/75 A peer reviewed journal published investigation of the cowboy economics of the supercycle and the resulting escalation on the number and magnitude of catastrophic failures. In 2016 we parnered with Dave Chambers in our 2nd joint work together looking at root causes of failures at a conference . Bowker, L.N.; Chambers, D.M. Root Causes of Tailings Management Failures: The Severity of Consequence of Failures Attributed to Overtopping 1915–2015. In Proceedings of the Protections 2016, Fort Collins, CO, USA, 14 June 2016. [Google Scholar] In 2015 Bowker Associates collaborated with geophysicist David M. Chambers to recompile global authoritative accounts of significant TSF failures in recorded history and to analyze these data in the context of global mining economics 1910-2010 ( Risk, Economics and Public Liability of TSF Failures, Bowker/Chambers July 2015) The third annual update of this globally referenced and used compilation was just released at Researchgate. (https://www.researchgate.net/publication/324594429_World_Tailings_Dam_Failures_From_1915_-_as_of_Mar_31_2018) In 2014 Bowker Associates commissioned globally respected geophysicist and hydrogeologist Dr. David Chambers to undertake two technical works: (1) development of technical go no go criteria for vetting mine applications tp://lindsaynewlandbowker.wordpress.com/2014/01/05/a-new-statutory-regulatory-framework-for-responble-sulfide-mining-should-this-mine-be-built/ and (2) a case study of Maine's Bald Mountain, an un mined low grade high risk VMS deposit demonstrating the efficacy and accuracy of two risk assessment tools in vetting mine proposals https://lindsaynewlandbowker.wordpress.com/2014/02/28/mountain-x-would-you-issue-a-permit-to-this-mine/ In Maine, Bowker Associates has deeply engaged and been a public voice in the Searsport DCP LPG Tank, The Cianbro proposal for a Private East West Toll Road, JD Irvings rolling pipeline of Bakken crude to its plant in St. John and review of Phase II plans at The Callahan Superfund site in Brooksville, Maine, and Maine's revisitation of mining in statute and regulation... Our only “client”: is always “the pubic interest”. Our model is to focus on only one or two issues at a time so that we have a substantive command of the relevant field as our foundation for ongoing engagement. Our core work is in envirommental risk management, science and technology as well as bringing any available “best practices” models to the fore. The legal and regulatory history/best models are also a major thrust of our work in building and evaluating public policy. Director/Principal Lindsay Newland Bowker, CPCU, ARM is a recognized expert in Environmental Risk Management., Heavy Construction Risk Management and Marine and Transit Risks and has more than 3 decades of engagement in buiding public policy. Appointed by Governor Mario Cuomo to New York State Banking Board (served 1986-1996); President New York Chapter Chartered Property and Casualty Insurers; Environmental Committee, Risk and Insurance Management Society; Director, Convenor/Co-Chair Bermuda Market Briefing "From Captive to Cats" Hamilton Bermuda. Published Articles of Significance The Risk Economics and Public Liability of Tailings Facility Failures, co-authored with David M. Chambers, July 2015 Beyond. Polarization: Superfund Reform in Perspective, Risk & Insurance Managing Risk For Loss Prevention & Cost Control (Jan. 24, 1997). Lead Hazards and Abatement Technologies in Construction: A Risk Management Approach CPCU Journal 1997 Employee Leasing: Liability in Limbo Risk Management June 1 1997 Environmental Audit Privilege and the Public interest Risk & Insurance Managing Risk For Loss Prevention & Cost Control, April 1997 Asbestos:Holes In Abatement Policies Need To Be Plugged, Lloyd’s Environmental Risk International, May 1993 Editor Published Letters Evironmental Risk Management Beware of Facile Policies Like Fetal Protection Business Insurance 1995(?) High Court Review May Increase Sale of Bank Annuities Business Insurances August 8, 1995 Professional Profiles Protecting the Big Apple’s Core Managing Risk For Loss Prevention & Control December 1996 Major Career Highlights First rigorous analysis showing Relationship Between declining ore grades and TSF Failures of increasing consequence ( July 2015) FIrst Documentation that Gentrification Has Same Impacts as Unassisted Displacement from Urban Renewal Sites Direted Court Ordered EIS of FHA Mortgage Scandal Created Nation's First Homeownership Program for Low Income People (SHIP) Created Earliest Geographic Information Systems Using Defense Technology Developed By IBM Designed and Conducted Parallel Census Count to Show Systematic undercount in minority neighborhoods Documented Bias in ISO Territory Rating Plans for Private Passenger Auto Insurance Using ISO's own Rating Techniques Demonstrated Inherent Bias in Mortgage Policies of Banks With Inner City Branches Demonstrated that NY Telephones Plan for Area Code Split To accommodate anticipated cell phone demand was not efficient and would exhaust in 5 years ( which it did) Undertook First Systematic Evaluation of Child Protective Services Caseload Using Multi Variate Analyic Techniques Developed Child Protective Caseload Management and Tracking System (CANTS) and directed implementation in 4 client states including Illinois, Florida and New York Created and Ran Office of Risk Management for NYC DEP the Nations largest Water & Sewer Authority . Designed, Created and Administered Nation's First Owner Controlled Insurance Program (OCIP)for High Risk Tunneling Education Masters NYU Graduate School of Public Administration BSC New School For Social Research Maine Public Schools Deering High School
This entry was posted in mining resident engineer qualifications, Mt Polley TSF Failure, professional misconduct inquiry of 3 AMEC Engineer at Mt Polley, Todd Martin, Uncategorized. Bookmark the permalink.

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