This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is copyright © , Province of Nova Scotia, all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.
Underground Mining Regulations
made under Section 82 of the
Occupational Health and Safety Act
S.N.S. 1996, c. 7
O.I.C. 2008-306 (effective August 1, 2008), N.S. Reg. 296/2008
amended to O.I.C. 2022-72 (effective June 13, 2022), N.S. Reg. 45/2022
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Part 1 - Interpretation and Application
Definitions for these regulations
Application of these regulations
Inconsistencies with other regulations
Required adoption of regulations
Compliance with standards incorporated by reference
Part 2 - Notice, Document and Filing Requirements
Documents to be dated and signed
Contact and location to be included in documents
Documents part of program under the Act
Documents and approvals to be kept and made available
Revisions to documents filed and latest version used
No false or misleading entries on documents
Content of inspection and examination records
Signature of employee in more than 1 job capacity
Notice period decreased or waived
Record and review of test and calibration
Documents on personal health of employee
Review of records by Director or financial expert
Director may require more information
Notice and provision of document to committee or representative
Consultation with committee or representative on written procedure or instructions
Committee or representative to review documents annually
Review of documents by committee at subsea coal mine
Right to appeal at subsea coal mine
Procedures and certifications adequate, signed and trained for
Activities to be carried out in accordance with documents
Investigation of reported occurrence
Filing of documents on initial development and shutdown of mine
Approvals required for subsea coal mine
Documents to be certified by engineer
Report on proposed initial development or construction of mine, or re-entry into mine
Report to committee on proposed significant change or experimental activity
Report on shutdown, closure or abandonment of mine
Report on shaft sinking or deepening
Report on the installation or major alteration of mine hoisting plant
Report on installation of fuel systems
Report on construction of barrier, dam, bulkhead or stopping or sealing off abandoned areas
Report on construction of battery charging station
Report on transporting persons for first time
Report on designation of area as non-explosion risk zone
Report on use of equipment that is not intrinsically safe or not flameproof
Report on minimum safe distance between primary or auxiliary access and any working
Coal mine business plan and feasibility study
Update required for obsolete or outdated portions of documents
Requirement for document estimating rate of flammable gas
Mechanical equipment installations plan
Plans of sections and meeting stations in coal mine
Waiver or reduction of filing fee
Penalty for non-payment of fee
Review of documents and notice of costs
Part 3 - General Safety Requirements and Work Procedures
Designation by mine manager to position
Designation of mine manager and alternate
Designation of underground manager at coal mine
Designation and numbers of supervisors
Designations for mine hoisting plant
Designation of mine rescue workers and mine rescue team captain
Designation of mine rescue trainer
Designation of mine examiner at coal mine
Designation of mine surveyor in coal mine
Designation of electricians and mechanics at coal mine
More than 1 designation held by person
Verifying systems, procedures, equipment and installations
Controlled access to and from mine
Recording and identification of all persons underground
Washing and changing facilities (wash house or mine dry)
Cap lamps provided while underground
Procedure for assessing and maintaining self-rescuers and self-contained breathing apparatuses
Quantitative fit testing of self-contained respiratory protective equipment
Maximum hours of work underground
Incentive bonus plans at coal mine
Contact with person working alone underground
Primary access and auxiliary access to underground
Signs indicating direction to accesses, stations, hydrants, extinguishers and caches
Minimum dimensions of travelway
Minimum means of access within underground
Means of access within underground at mine
Transporting employees close to work location
Passing beyond meeting station of section or into uninspected areas at a coal mine
Cuttings created by raise bores
Advancing within 100 m of hazards
Advancing within 300 m of body of water or material at coal mine that could flow
Advancing within 50 m of geological fault in coal mine
Advancing within 10 m of active working
Backfilling of abandoned panel or abandoned stope
Mining in area of construction
General inspections at non-coal mine
General inspections at coal mine
Report on general inspection at mine
Communication of inspection information
Routine inspection and testing for flammable gas at coal mine
General inspection at coal mine on behalf of mine worker
Examination of workplace and report by mine workers
Hazardous or potentially hazardous conditions
Part 4 - Emergency Preparedness and Mine Rescue
Emergency preparedness program
Up-to-date copies of emergency preparedness program and training
Posting of emergency procedures, evacuation procedures and current versions of documents
Notifying Director of emergency
Monitoring emergency preparedness program
Training municipal emergency response staff
Maintaining and storing mine rescue equipment
Record mine rescue equipment and maintenance
Up-to-date plans readily available to mine rescue team
Communication system for mine rescue teams
High-pressure oxygen booster pump
Minimum requirements for mine rescue workers and equipment
Requirement for mine rescue aid agreement
Surface fire-extinguishing equipment
Construction and location of refuge stations
Requirement for refuge station procedures
Monthly inspection of refuge stations
Part 5 - Fire Prevention and Dust Explosion Prevention
General fire prevention underground
No smoking or open flame at non-coal mine
No smoking or open flame at coal mine
Procedure for random searches at coal mine
Procedures for hot work at coal mine
Notice of hot work at coal mine
Written instructions for hot work at coal mine
Conditions for hot work at coal mine
Proximity to flammable material
Inspecting and maintaining fire-extinguishing equipment and fire-suppression system
Water supply system for extinguishing fires
Liquid flammable materials underground
Design of underground enclosures and shelters
Fire prevention for underground service areas
Fire prevention for underground fuelling stations
Fire prevention for battery charging stations
Fire prevention for fixed diesel engines
Fire prevention for air compressors
Using propane or other similar fuel underground
Procedures required for minimizing danger from sulphide dust explosions
Mine explosion suppression procedure required in coal mine
Coal dust minimization procedure required in coal mine
Reducing coal dust accumulation in coal mine
Part 6 - Electrical and Mechanical Work
Filing specifications for electrical installations at coal mine
Designation of zones for use of electrical installations underground at coal mine
Standards for electrical installations
Electrical installations in explosion risk zone of coal mine
Electrical installations in non-explosion risk zone of coal mine
Portable electrical equipment in non-explosion risk zone of coal mine
Certifying electrical installations or equipment in coal mine
Procedure required for electrical installations
Certifying type of electrical installation at coal mine
Certifications required to be kept at mine
Supervision of electrical work
Record and communication of electrical work at coal mine
Record of mechanical inspections at coal mine
Filing specifications for pneumatic- or hydraulic-powered equipment
Installation and maintenance of ventilation system
Air quality monitoring program
Record of result of air quality monitoring
Separation between primary intake and primary return airways in coal mine
Ventilating air quality and quantity tests
Recording test results for air quality and quantity
Prohibiting entry into unventilated area of non-coal mine
Testing air in unventilated area of non-coal mine
Ventilation doors, ventilation curtains and stoppings
Air flow to active working where diesel engine operating
Testing air quality where diesel engine operating
Adequate supply of uncontaminated air for hoist operator
Adjusting, altering or interfering with regulators
Design of fans and associated equipment
Controls for fans must be remote from fans
Inspection of fans and associated equipment
Responding to fan failure at non-coal mine
Responding to fan failure at coal mine
Procedures for auxiliary ventilation in coal mine
Auxiliary ventilation at coal mine
Auxiliary ventilation at non-coal mine
Part 8 - Monitoring Flammable Gas
Barometer and thermometer required at coal mine
Flammable-gas monitors on equipment in coal mine
Flammable-gas monitoring where electrical installation operating in return airway in coal mine
Flammable-gas monitoring at longwall airways in coal mine
Flammable gas monitoring for electrical installation at longwall working face in coal mine
Flammable-gas monitoring in area serviced by auxiliary fan in coal mine
Flammable-gas monitoring for non-explosion risk zone in coal mine
Flammable-gas monitoring at all areas of mine
When flammable gas reaches or exceeds 0.5% in coal mine where source of ignition present
When flammable gas reaches or exceeds 1.25% in coal mine
When flammable gas reaches or exceeds 2.0% in coal mine
Highest reading in flammable gas tests used as reading
Gas measuring devices supplied to testers at coal mine
Testing and calibrating flammable gas monitors and portable meters at coal mine
Calibrating monitors and meters
Only 1 coal cutting machine in ventilation split
Methane drainage system required at coal mine
Methane drainage system discharging flammable gas reaching or exceeding 2.0% in coal mine
Testing for flammable gas and oxygen in coal mine
When flammable gas reaches or exceeds 0.25% in non-coal mine
Part 9 - Mechanical Equipment and Travelways
Testing, maintaining and inspecting conveyors
Information to be filed for internal combustion engines
Fire resistant hydraulic fluid
Identification number marked on equipment
Standards for braking rubber-tired vehicles
Standards for construction of diesel-powered equipment
Maintaining diesel-powered equipment and battery-powered equipment
No sparks or flames from diesel-powered equipment engine
Fuel for diesel-powered equipment
Carbon monoxide from diesel-powered equipment exhaust
Procedures for remote-controlled equipment
Remote-controlled equipment in adjacent mines
Information recorded for each remote-control
Equipment for all personnel carriers
Design and equipment for rail-bound personnel carriers
Tackling equipment and construction of mine cars of rail-bound train
Factors of safety for tackling equipment
Fastening arrangement of mine cars on rail-bound train
Regular movement of clamps on endless hoist rope system
Certificate required for hoist-powered train
Work or travel alongside mobile equipment
Overhead clearance in travelway for mobile equipment
Lateral clearances in travelway for non-rail-bound mobile equipment
Lateral clearance in travelway for rail-bound equipment without pedestrians
Lateral clearances in travelway for rail-bound mobile equipment with pedestrians
Procedures for safely operating mobile equipment and mine cars
Securing tools, equipment and supplies on mobile equipment
Signalling and communication for remote-controlled rail-bound trains
Precautions for runaway mobile equipment
Restricting persons on mobile equipment transporting explosives or heavy load
Transporting persons by rail-bound personnel carrier
Drop-bottom mine cars used to transport persons
Part 10 - Mine Hoisting Plants for Shafts
References in Part are to mine hoisting plant in shaft
Procedures for safely operating mine hoisting plant
Tests and report by engineer on mine hoisting plant
Defective or non-repaired mine hoisting plant
Records for inspections, tests, calibrations and maintenance
Recording shaft examinations and inspections
Hoist station designed to limit audible signals
Brakes on hoist that transports persons
Drum to hoisting rope ratios for hoist
Grooves and flanges on drum hoist
Sheave arrangements for rope winding on drum hoist
Bolts and other fittings of mine hoisting plant tightened
Depth indicator required on hoists
Certificate required for sheave
Construction and identification of sheave
Safety switches and devices for hoists
Safety devices for friction hoists
Monitors and devices for hoists
Competent person adjusts safety device of hoist
Design and installation of operating controls of automatic hoist
Control devices of hoist to be fail-safe
Testing shaft ropes before first use
Procedure for testing hoisting rope of friction hoist
Regular testing of shaft ropes
24-hour notice when shaft rope taken out of service
Prohibition against hoisting rope that is spliced or reversed
Minimum nominal diameter of hoisting rope
Factors of safety for hoisting ropes
Inspecting electrical components of mine hoisting plant
Reviewing mine hoisting electrical equipment record
Inspecting mechanical components of mine hoisting plant
Cleaning and dressing hoisting ropes
Review of mechanical hoisting record
Non-destructive tests of mechanical components of mine hoisting plant
Trimming hoisting rope and balance rope on friction hoist
Certificate required for shaft conveyances and counterweights
Examining shaft conveyances and counterweights
Maximum allowable design stresses for shaft conveyance
Procedure for commissioning shaft conveyance for transporting persons
Design and construction of cages used to transport persons
When skip may be used to transport persons
Control devices for skip transportation of persons
Safety catches and mechanisms on shaft conveyance
Certification of free fall test
Service doors for sinking compartment of shaft
Procedure for testing overwind and underwind protective devices on hoist
Hoist operator record for hoist
Duty to not interfere with hoist or hoist operator
Hoist not to be operated if shaft is damaged or obstructed
Hoist operator available for automatic hoist when persons underground
Designation of competent person for shaft conveyance
Transporting equipment and supplies
Transporting persons and materials together in shaft conveyance
Shaft conveyance required for vertical depth exceeding 100 m
Prohibition against shaft conveyance being inoperable
Design and procedures for work platform in shaft
Part 11 - Mine Hoisting Plants for Slopes
References in Part are to mine hoisting plant used in slope
Procedures for safely operating mine hoisting plant
Tests and report by engineer on mine hoisting plant
Defective or non-repaired mine hoisting plant
Records for inspections, tests, calibrations and maintenance
Hoist station designed to limited audible signals
Drum to hoisting rope ratios for hoist
Hoists that must not be used to transport persons
Grooves and flanges on drum hoist
Sheave arrangements for rope winding
Depth indicator required on hoist
Certificate required for sheave
Construction and identification of sheave
Safety circuits and safety devices for hoist
Safety switches and devices for hoist
Monitors and devices for hoist
Competent person adjusts safety device of hoist
Design and installation of operating controls of automatic hoist
Control devices on hoist to be fail-safe
Testing hoist ropes before first use
Regular testing of hoisting ropes
24-hour notice when hoisting rope taken out of service
Prohibition against hoisting rope that is spliced or reversed
Minimum nominal diameter of hoisting rope
Factors of safety for hoisting ropes
Inspecting electrical components of mine hoisting plant
Reviewing electrical hoisting equipment record
Inspecting mechanical components of mine hoisting plant
Cleaning and dressing hoisting ropes
Mechanical hoisting equipment record
Reviewing mechanical hoisting equipment record
Non-destructive tests of mechanical components of mine hoisting plant
Certificate required for mine cars
Examination of mine according to manufacturer’s specifications
Procedure for commissioning mine car for transporting persons
Control devices for mine car carrying persons
Procedure for testing overwind and underwind protective devices on hoist
Duty to not interfere with hoist or hoist operator
Hoist not to be operated if slope is damaged or obstructed
Hoist operator available for automatic hoist when persons underground
Designation of competent person for mine car
Transporting equipment and supplies
Transporting persons and materials together in mine cars
Closing off slope for repair in slope
Part 12 - Raise Climbers in a Mine
Procedure for raise climber transporting persons
Access to and removal from raise climber
Raise climbers powered by electricity
Design and procedure for work platform in raise
Inspection and maintenance of raise climbers
Record of raise climber inspections or examinations
Major overhaul of raise climber
Part 13 - Blasting Operations and Storage and Handling of Explosives
Blaster to direct blasting operation
General safety requirements for using and handling explosives
Precautions around magazine or explosives
Where storage of explosives is prohibited
Explosives to be stored in magazine
Explosives kept at loading face
Magazines and temporary storage boxes
Construction and marking of temporary storage box
Certifying temporary storage box
Explosives in temporary storage box
Removing, adding and controlling explosives from magazine
Inspections and inventory of explosives
Returning explosives to magazine or temporary storage box
Reporting theft or attempted theft of explosives
Transporting explosives underground
Transporting explosives by shaft conveyance
Transporting explosives by mobile equipment
Transporting explosives by mine car
Stability of equipment in blasting area
Drilling while loading explosives or near loaded holes, misfires or bootlegs
Blasting operation in adjacent mines
Preparation of holes for loading explosives
No primed cartridges inside mobile equipment or near electrical installations
Procedure for using explosives in coal mine
Testing for flammable gas at coal mine before loading explosives
Precautions when loading explosives in hole
Removing broken coal before loading hole
Blast at coal mine prohibited until air free of dust
Removing coal dust before initiating blast
Pneumatically loading explosives in hole
Development and production blast patterns and procedures
Procedures for blasting more than 1 area from common source
Simultaneous detonation of multiple charges at coal mine
Blasting machine and blasting switch
Defective blasting machine or blasting switch
Testing electric blasting circuit
Testing for flammable gas at coal mine
No electric detonator where danger from extraneous electricity
Minimum distances from radio frequency transmitters
Entering danger area after blast
Entering danger area when misfires and suspected misfires
Procedure for safe handling of misfires
Report of flamed charge at coal mine
Examining working face for misfires and bootlegs after blast
Abandoning blasting area or discontinuing work
Part 14 - Job Training Program
Employer required to have job training program
Review of job training program
Examination, audit or inquiry into job training program
Evaluation of job training program by Director
Records kept for job training program
Employer at coal mine to file annual summary of job training program
Suspending or imposing conditions on job training program
Notice for job training program for coal mine
External review of job training program for coal mine
Course information filed for program delivered by employer at coal mine
Instructors for job training program for coal mine
Written job descriptions required and available
Training courses required in job training program
List of mine workers and designations, tasks and job categories
Employees to be trained in accordance with job training program
Designating employee who has not completed courses for job category
No untrained persons working underground
Annual refresher course for mine workers
Training for mine rescue worker
Training for member of committee or representative
Qualifications of hoist operator
Hoist operator certificate of fitness
Qualifications of mine rescue worker
Mine rescue worker certificate of fitness
Qualifications of mine rescue team captain
Qualification of mine rescue trainer
Qualifications of mine workers at coal mine
Qualifications of mine manager at coal mine
Qualifications of underground manager at coal mine
Qualifications of intermediate supervisors at coal mine
Qualifications of first-line supervisor at coal mine
Qualifications of mine examiner at coal mine
Qualifications of mine surveyor in coal mine
Qualifications of engineer in coal mine
Qualifications of coal mine electrician
Qualifications of chief coal mine electrician
Qualifications of coal mine mechanic
Qualifications of chief coal mine mechanic
Schedule A: Fees for Filing and Review of Documents
Part 1 - Interpretation and Application
1 These regulations may be cited as the Underground Mining Regulations.
Definitions for these regulations
2 In these regulations, all of the following definitions apply:
“abandoned”, in relation to a working or excavation, means 1 of the following:
(i) that the working or excavation is caved or sealed and no further work is intended,
(ii) if the working or excavation is neither caved nor sealed, that it is not regularly inspected and that it is not ventilated by any mechanical means;
“Act” means the Occupational Health and Safety Act;
“active working” means a working or excavation that is not abandoned;
“adequate” means sufficient to protect a person from injury or damage to health or safety;
“airway” means any underground opening or passage through which air travels;
“auxiliary access” means a mine opening that is used for transporting persons to and from the underground and is additional to the primary access;
“auxiliary fan” means a fan used for ventilation underground in part of the mine that cannot be ventilated by the main fan without separate mechanical devices or by a booster fan without separate mechanical devices;
“auxiliary ventilation” means a method of supplementing the ventilation system in a mine to draw air from the primary airway and force it into other areas of the mine such as crosscuts, splits, and raises;
“battery-powered” means deriving a substantial amount of total power from a battery or batteries;
“blast” means an initiation of a charge or a number of charges, either simultaneously or consecutively;
“blaster” means a competent person who
(i) carries out the duties of a blaster under these regulations,
(ii) meets the qualifications set out in Section 538, and
(iii) is designated by the mine manager as a blaster;
“blasting” means the activities associated with a blast, including storing, handling, transporting, preparing, loading and using explosives, and drilling conducted at a blasting area or in relation to using explosives;
“blasting area” means a zone extending at least 30 m in all directions from a place where explosives are being prepared, handled or loaded for firing or where misfires exist or are believed to exist;
“booster fan” means a fan that is used at a mine to assist in the primary ventilation of the mine in conjunction with a main fan;
“breaking strength” means the breaking strength of a hoisting rope as determined by a competent cable testing laboratory;
“CGSB” means the Canadian General Standards Board of the federal Department of Public Works and Government Services;
“CSA” means the Canadian Standards Association;
“cage” means a platform that is used in a shaft to transport materials and people;
“cap lamp”, in relation to a coal mine, means a lamp referred to in subsection 87(2);
“certify” means certify in writing;
“charge”, unless the context otherwise requires, means an explosive that is primed and ready to fire, and includes a shot at a coal mine;
“chief coal mine electrician” means a competent person who
(i) carries out the duties of chief coal mine electrician under these regulations,
(ii) meets the qualifications set out in Section 552, and
(iii) is designated by the mine manager as the chief coal mine electrician;
“chief coal mine mechanic” means a competent person who
(i) carries out the duties of a chief coal mine mechanic under these regulations,
(ii) meets the qualifications set out in Section 554, and
(iii) is designated by the mine manager as the chief coal mine mechanic;
“coal mine” means a mine where the main product is coal;
“coal mine electrician” means a competent person who
(i) carries out the duties of a coal mine electrician under these regulations,
(ii) meets the qualifications set out in Section 551, and
(iii) is designated by the mine manager as a coal mine electrician;
“coal mine mechanic” means a competent person who
(i) carries out the duties of a coal mine mechanic under these regulations,
(ii) meets the qualifications set out in Section 553, and
(iii) is designated by the mine manager as a coal mine mechanic;
“competent person” means a person who
(i) is qualified because of that person’s knowledge, training and experience to do the assigned work in a manner that will ensure the health and safety of every person in the workplace, and
(ii) is knowledgeable about the provisions of the Act and regulations that apply to the assigned work, and about potential or actual danger to health or safety associated with the assigned work;
“construct” includes erect, install and assemble;
“counterweight” means a weight used to offset the weight of a shaft conveyance;
“destructive test” means a test of an object that damages the object, destroys the object, distorts the object or affects the mechanical strength of the object;
“diesel fuel” includes bio fuels and similar fuels;
“diesel-powered” means deriving a substantial amount of total power from diesel fuel;
“document” includes a procedure, program, specification, schematic, description, certification, plan, report, notice, instruction or record;
“drum hoist” means a hoist in which the hoisting rope is wound on a drum and includes a friction hoist;
“electrical installation” means the wires, machinery, apparatuses, appliances, devices, materials and equipment used or intended to be used to generate, transmit, distribute, supply or use electrical power or energy, and includes a powerline and powerline equipment;
“electrical installations plan” means the plan of the electrical installations at a mine required by Section 52;
“emergency preparedness program” means the emergency preparedness program prepared in accordance with Section 127;
“engineer” means a competent person who
(i) is an engineer within the meaning of the Engineering Profession Act, and
(ii) in a coal mine, meets the qualifications of Section 550;
“examine” means to observe or review in order to ascertain the quality or condition of documents or things, and is more detailed and thorough than “inspect”;
“explosion risk zone” means any area at a coal mine that is not designated as a non-explosion risk zone;
“explosive” means a substance, including a detonator or charge, that is manufactured or used to produce an explosion by detonation or deflagration, but does not include ammunition or an explosive used to power powder-actuated tools;
“factor of safety”, in relation to an object, means the number of times the maximum load an object is designed to hold exceeds the maximum load to which the object is likely to be subjected;
“fire-extinguishing equipment” means equipment that is capable of extinguishing fire and can be used by a person to fight fire in a particular place;
“fire-suppression system” means a device that automatically activates to suppress a fire in a particular place or, if the device is located on mobile equipment, may be activated to suppress a fire automatically, manually or both;
“first-line supervisor” means a supervisor who does not supervise any other supervisors;
“flameproof”, in relation to an electrical installation, means that the electrical installation is in an enclosure that meets all of the following:
(i) the enclosure can contain an internal explosion without permanent distortion of the enclosure,
(ii) the enclosure ensures that an internal explosion cannot be transmitted to the surrounding atmosphere,
(iii) the enclosure has a temperature at all points on the surface of the enclosure that is lower than the spontaneous ignition temperature of the surrounding gases, vapours or dusts;
“flammable gas” means methane or other hydrocarbon gases of higher molecular weight than methane;
“flammable material” means a material that meets the criteria for a Class B controlled product as set out in the Controlled Products Regulations under the Hazardous Products Act (Canada), and includes fuel, but does not include coal or wood;
“general body of air” means, in relation to a coal mine, air underground that is at least 30 cm away from the roof, side, face or floor of the mine;
“ground control procedure” means the procedure required by Section 53 to prevent the unplanned fall of rock;
“headframe” means a structure at the top of a mine shaft that carries the sheaves for the hoisting ropes or components of a friction hoist;
“hoist” means a device that is used to transport a shaft conveyance in a shaft or a mine car in a slope;
“hoist operator” means a competent person who
(i) carries out the duties of a hoist operator under these regulations,
(ii) meets the qualifications set out in Section 536, and
(iii) is designated by the mine manager as a hoist operator;
“hoisting rope” means a rope that is used to lift and lower a mine car in a slope or a shaft conveyance in a shaft;
“hoist station” means a location where the manual controls for a hoist are located;
“inspect” means to observe or review in order to ascertain the quality or condition of documents or things;
“intake air” means air that originates from the surface and is used by a ventilation system, but has not passed through or by any of the following:
(i) in a non-coal mine, the last working face,
(ii) in a coal mine, the last working face of a split or the entrances to abandoned workings;
“intake airway” means an airway through which intake air travels;
“intrinsically safe”, in relation to an electrical circuit, means incapable of producing a spark or thermal effect of sufficient energy to ignite a mixture of flammable material in air under certain test conditions;
“level”, in relation to a mine, means an excavation in a mine that is driven on an average grade of less than 3° from the horizontal;
“loading face” means a working face where explosives are loaded in holes;
“magazine” means a building, storehouse, structure or area where explosives are kept or stored, but does not include a temporary storage box;
“main fan” means a fan used for primary ventilation of the mine, but does not include a booster fan;
“maintain” includes store, service, clean, adjust and repair;
“methane drainage” means a process of drilling holes into coal strata or a coal seam and removing methane contained in the coal strata or coal seam;
“mine” means a work or undertaking for the purposes of opening up, proving, removing or extracting any metallic or non-metallic mineral or mineral-bearing substance, coal, rock, earth, clay, sand or gravel that extends or is intended to extend below ground level and is completely enclosed in rock except for entrances, shafthead buildings and portal houses, and includes the shutdown, closure or abandonment of the work or undertaking, and all of the following structures and places at the site:
(i) equipment, buildings and premises on the surface that are integral to the health and safety of persons underground,
(ii) shafts in the course of being sunk or driven at the surface to open, prove, remove or extract the deposits;
“mine car” means equipment that is used to transport persons or materials and is capable of being operated only on fixed rails, a track or a beam;
“mine examiner” means a competent person who
(i) carries out the duties of a mine examiner under these regulations,
(ii) meets the qualifications set out in Section 548,
(iii) is designated by the mine manager as a mine examiner;
“mine hoisting plant” means the equipment used in connection with a hoist and includes all of the following:
(i) engines or other devices that provide a source of motive power,
(ii) transmission equipment,
(iii) headframes,
(iv) drums,
(v) sheaves,
(vi) shaft ropes, as defined in Part 10,
(vii) hoisting ropes,
(viii) shafts,
(ix) shaft conveyances,
(x) shaft sinking equipment,
(xi) shaft furnishings,
(xii) hoist controls,
(xiii) hoist stations,
(xiv) counterweights,
(xv) mine cars,
(xvi) signalling and communications equipment,
(xvii) any of the following when used in connection with a hoist:
(A) rails,
(B) tracks,
(C) beams,
(D) bankheads;
“mine manager” means a competent person who
(i) carries out the duties of a mine manager under these regulations,
(ii) at a coal mine, meets the qualifications set out in Section 544,
(iii) is designated by the employer as the mine manager;
“mine plan” means a plan of a mine prepared in accordance with Section 51;
“mine rescue team” means the mine workers designated by the mine manager as mine rescue workers and organized into a team for conducting mine rescues in accordance with Section 145;
“mine rescue team captain” means a competent person who
(i) carries out the duties of a mine rescue team captain under these regulations,
(ii) meets the qualifications set out in Section 541, and
(iii) is designated by the mine manager as captain of a mine rescue team;
“mine rescue worker” means a competent person who
(i) carries out the duties of a mine rescue worker under these regulations,
(ii) meets the qualifications set out in Section 539, and
(iii) is designated by the mine manager as a mine rescue worker;
“mine worker” means a competent person who
(i) has completed the job training program for a mine worker,
(ii) for a coal mine, meets the qualifications set out in Section 543, and
(iii) is designated by the mine manager as a mine worker;
“misfire” means a charge that for any reason failed to fire as planned;
“mobile equipment” means a vehicle used underground at a mine that is powered by other than muscular power, but does not include a shaft conveyance or a mine car;
“MSHA” means the Mine Safety and Health Administration of the United States Department of Labor;
“non-coal mine” means a mine other than a coal mine;
“non-combustible” means material, or an assembly of materials, that conforms to ULC standard CAN4-S114-M80, Standard Method of Test for Determination of Non-Combustibility in Building Materials;
“non-destructive test” means a test of an object that does not damage the object, destroy the object, distort the object or affect the mechanical strength of the object;
“non-explosion risk zone” means an area of the underground at a coal mine that is designated in accordance with Section 193;
“occupational exposure limit” means a threshold limit value as set out in the latest version of the publication “TLVs and BEIs” published by the American Conference of Governmental Industrial Hygienists other than a threshold limit value excluded under Section 211;
“panel” means a working face or group of working faces in a mine from which material is extracted, but does not include a working face required for developing a mine;
“plan”, unless these regulations specify otherwise, means a drawing, layout or diagram;
“portable electrical equipment” means portable equipment that is battery powered with a battery voltage less than 25 V and a peak power output less than 1000 W;
“portal” means the area where a mine tunnel intersects with the surface;
“powder-actuated tool” means a hand tool that uses a powder charge to drive or fasten a device into hard materials such as concrete, steel or masonry;
“primary access” means the main mine opening that is used for transporting persons to and from the underground;
“production area” means a part of a mine that consists of panels, slopes or workings required for the development of the mine;
“raise” means a vertical or inclined opening in a mine driven from one level to connect with another level, or to explore the ground for a limited distance above or below the level, and includes a winze;
“raise climber” means a temporary or permanent platform that is used to provide access to the face of a raise or other working area and is power-driven by other than muscular power and controlled from a cage underneath the platform;
“return air” means air underground that is not intake air;
“return airway” means an airway through which return air travels;
“rockburst” means the sudden and violent breaking of a mass of rock from the sides, roof or floor of a mine tunnel caused by the failure of highly stressed rock and the rapid release of accumulated energy;
“room and pillar” means a method of mining in which a mineral, including coal, is mined in rooms separated by pillars of undisturbed mineral, including coal, that provide roof support;
“section”, in relation to a coal mine, means a part of the mine that a supervisor is responsible for as defined by the mine manager under subsection 57(1);
“self-contained breathing apparatus” means a breathing device with a source of breathable air that is completely isolated from the air in which the user is located;
“shaft”, unless these regulations specify otherwise, means an excavation in a mine that is inclined on an average grade of 45° or greater from the horizontal and used to provide access to an underground working;
“shaft conveyance” means a conveyance raised or lowered by a hoist in a shaft and includes a bucket as defined in Part 10, a single- or multi-deck cage, a skip and a combination of a skip and a cage;
“shaft station” means an area near a shaft from which ore, coal, rock, materials or persons enter or exit the shaft conveyance;
“shift” means the period of time worked by a division of the persons employed at a mine who work at the mine during a set period of the day;
“shot” means a charge that has been placed in a drill hole;
“side” means the side of a tunnel underground;
“skip” means an enclosed device used in a shaft to transport ore, coal, rock, or material;
“slope” means an excavation in a mine that is inclined on an average grade of 3° from the horizontal or greater, but less than 45° from the horizontal;
“split” means a branch in the ventilation system in a mine;
“stope” means a working or group of working faces from which ore is extracted, but does not include a working required for development of the mine;
“stopping” means an artificial barrier that obstructs ventilation;
“subsea coal mine” means a coal mine wholly or partly located below the low-water mark in an area of the Province covered by seawater;
“supervisor” means a competent person in any level of management at a mine who
(i) is responsible for a workplace or part of a workplace at a mine,
(ii) exercises authority over, controls or directs the work of an employee,
(iii) for a first-line supervisor in a coal mine, meets the qualifications of Section 547, and
(iv) is designated by the mine manager as a supervisor;
“survey” means a plan of the position of all mine workings based on the results of measurements made using appropriate instruments;
“temporary storage box” means a portable unit for temporarily storing explosives;
“test” means to take a sample and submit it to a procedure or device to determine 1 or more characteristics of the sample;
“train”, in relation to equipment, means equipment that is used underground at a mine that consists of 1 of the following combinations:
(i) at least 1 mine car connected to at least 1 unit of mobile equipment,
(ii) 2 units of mobile equipment connected together with no mine cars,
(iii) at least 1 mine car, powered by a hoist, operating on a slope or level;
“travelway” means a ramp, slope, level, ladder, walkway, stairway, adit or similar pathway or roadway used primarily by persons to move from one area of a mine to another;
“ULC” means the Underwriters’ Laboratories of Canada;
“underground manager” means a competent person who
(i) carries out the duties of an underground manager under these regulations,
(ii) meets the qualifications set out in Section 545, and
(iii) is designated by the mine manager as an underground manager;
“ventilation curtain” or “ventilation door” means a device for minimizing air leakage between airways in accordance with Section 220;
“ventilation engineer” means an engineer who
(i) carries out the duties of a ventilation engineer under these regulations, and
(ii) is designated by the mine manager under Section 209;
“ventilation plan” means the plan of a mine’s ventilation system required by Section 54;
“ventilation system” includes both primary and auxiliary ventilation systems;
“winze” means a vertical opening driven downward connecting 2 levels of a mine;
“working face” means an area underground from which material is cut, sheared, broken, drilled, blasted or otherwise loosened.
Application of these regulations
3 (1) Except as provided in subsection (3), these regulations apply to a mine if a person is or is likely to be present.
(2) These regulations do not apply to persons, activities, equipment, buildings and premises on the surface at a mine site that are not integral to the health and safety of persons underground.
(3) These regulations do not apply to the re-entry of a mine if the employer
(a) does not significantly disturb the ground; and
(b) adopts a code of practice specified by the Director under Section 66 of the Act.
Inconsistencies with other regulations
4 If there is an inconsistency between these regulations and any other regulations made under the Act, these regulations prevail to the extent of the inconsistency.
Required adoption of regulations
5 (1) If a condition, activity or hazard to health or safety at a workplace is substantially similar to a condition, activity or hazard normally associated with a mine, the Director may require that any provision of these regulations respecting the condition, activity or hazard be adopted by the employer as a part of a code of practice under Section 66 of the Act.
(2) At a non-coal mine, if flammable gas has been ignited, or flammable gas has been measured in the general body of air in a concentration that is equal to or greater than 0.25% by volume in the air being tested, the Director may order that a provision of these regulations that is otherwise applicable only to a coal mine be adopted by the employer as a part of a code of practice under Section 66 of the Act.
Compliance with standards incorporated by reference
6 (1) If there is an inconsistency between these regulations and a standard incorporated by reference in these regulations, these regulations prevail over the standard to the extent of the inconsistency.
(2) An object that is required by these regulations to comply with an edition of a standard published in a specified year must, if the standard requires that an object physically conform to the standard, conform to the physical specifications contained in
(a) the standard specified in these regulations;
(b) the edition of the standard that was current at the date of the object’s manufacture, unless conforming to that standard raises a reasonable doubt as to whether the object is adequate; or
(c) the latest edition of the standard.
(3) An activity, in relation to an object, that is required by these regulations to comply with an edition of a standard published in a specified year must, if the standard requires that inspection, maintenance, use or other activity in relation to an object be carried out in accordance with the standard, comply with the latest edition of the standard, unless it is established that compliance with an earlier edition of the standard, or with generally accepted engineering principles prevailing at the object’s date of manufacture, is more likely to ensure adequate performance of the object.
7 (1) Every person at a mine must perform all the duties and meet all requirements of the Act and its regulations if
(a) the duties or requirements are placed directly upon them; or
(b) the duties and requirements are not placed directly upon them but they have the greatest degree of control over the matters that are the subject of the duties or requirements.
(2) Every person at a mine must ensure that all of the following persons meet all requirements of the Act and its regulations:
(a) a person in their employ;
(b) a person under their supervision;
(c) a person with whom they have a contract.
(3) A person must comply with all procedures, plans and codes developed for the purposes of the Act and its regulations.
(4) A person must not work underground if any regulatory duties or requirements are not met, regardless of who is responsible for ensuring the regulatory duty or requirement is met.
Part 2 - Notice, Document and Filing Requirements
Documents to be dated and signed
8 Unless otherwise specified in these regulations, a document required to be made under these regulations must be dated and signed by the person who made it.
Contact and location to be included in documents
9 A document filed with the Director must include all of the following:
(a) the employer’s
(i) name,
(ii) address,
(iii) telephone number;
(b) the geographic location of the site that the filed document relates to.
Documents part of program under the Act
10 A written program, plan, procedure or instruction prepared under these regulations forms part of the program required by Section 29 of the Act.
Documents and approvals to be kept and made available
11 An employer must ensure that up-to-date copies of any approval issued under Section 35 or of any document required to be made under these regulations are kept and made available in accordance with all of the following conditions:
(a) except for the business plan and feasibility study required by Section 49 and any records associated with the plan and study, a copy must be readily available to the committee or representative, if any;
(b) if reasonably practicable, a copy must be kept in a safe place at the surface of the mine;
(c) a copy must be kept until at least the later of the following dates:
(i) 2 years after the date of the last entry,
(ii) 2 years after the date the approval or document is superseded or becomes obsolete, unless these regulations otherwise require,
(iii) the date specified in these regulations.
Revisions to documents filed and latest version used
12 (1) Any work that is carried out must be done in accordance with the latest relevant document.
(2) Except for the mine plan and the ventilation plan, an employer must ensure that any revision made to a document required to be filed with the Director under these regulations is
(a) signed by the person who holds the same position as the person who signed the original document; and
(b) filed with the Director as soon as reasonably practicable.
13 The Director may require revisions to be made to a document filed under these regulations if the Director considers that the revisions are necessary to do any of the following:
(a) correct an existing or potential inconsistency with generally accepted engineering principles;
(b) correct an existing or potential violation of the Act or its regulations;
(c) ensure health or safety.
No false or misleading entries on documents
14 A person must not make a false or misleading entry, or fail to make a relevant entry, on a document that is required to be made under these regulations.
Content of inspection and examination records
15 (1) A record required by these regulations of an inspection or examination must include all of the following information:
(a) the company name and mine site location;
(b) the name of the person conducting the inspection or examination;
(c) the area or thing being inspected or examined;
(d) the identification number of the machine or equipment being inspected or examined;
(e) the date and start time of the inspection or examination;
(f) a statement made by the person conducting the inspection or examination describing the condition of the area or thing being inspected or examined;
(g) the observations of the person conducting the inspection or examination regarding the safety of the area or thing being inspected or examined;
(h) the name and signature of the employee receiving the record, if these regulations identify such a person;
(i) any repairs and modifications made as a result of the inspection or examination;
(j) a statement made by the person conducting the inspection or examination indicating that any remedial actions recorded under clause (i) have been implemented and when such actions were taken;
(k) any information required to be included by another provision of these regulations.
(2) A person who conducts an inspection or examination under subsection (1) must sign the record of inspection or examination.
(3) An employer must establish, implement and maintain a procedure for recording the results of inspections and examinations.
Signature of employee in more than 1 job capacity
16 If the same person signs a document in more than 1 job capacity, the person must identify those capacities on the document.
17 (1) A notice or submission required under these regulations must be given in writing, unless these regulations specify otherwise.
(2) A document required by these regulations may be computerized.
(3) An electronic signature is allowed on a document if the electronic signature can be entered into the computer only by the person who is signing the document.
(4) A document that is required to be filed with the Director must be filed in paper unless the Director enters into a written agreement with an employer to allow the employer to file documents electronically on the terms and conditions determined by the Director.
(5) A written notice to the Director that is required by these regulations may be submitted by fax or e-mail to the fax number or e-mail address specified for the Director on the Department of Labour and Workplace Development’s Internet site.
Notice period decreased or waived
18 If all parties who are required to receive a notice or a submission agree in writing, a notice or submission period required under these regulations may be
(a) decreased to a period agreed upon by the parties; or
(b) waived.
Record and review of test and calibration
19 For every test, including air quantity or quality tests and calibrations, required under these regulations, the mine manager must designate a competent person to do all of the following:
(a) record the results of the test;
(b) review the results of the test;
(c) ensure that adequate action is taken in response to the results.
Documents on personal health of employee
20 (1) For the purposes of subclause 11(c)(iii), all documents required by these regulations related to the personal health of a mine worker must be kept at the mine for as long as the mine worker is employed at the mine or until the mine closes.
(2) Unless the Director otherwise orders, on termination of employment or closure of the mine, the documents referred to in subsection (1) must be mailed to the former employee at their last known address.
21 (1) A plan required under these regulations must meet all of the following requirements:
(a) it must be drawn to a scale that is large enough to show the required details;
(b) it must include the name and address of the employer and the physical location of the mine.
(2) If any plan is based on or uses survey information generated by the employer, a mine manager must ensure that the survey information is supplied by a surveyor who is a designated competent person.
Review of records by Director or financial expert
22 (1) A review of a document by the Director, or by a financial expert retained in accordance with Section 49, does not constitute either of the following:
(a) except for a document referred to in subsection 35(7) or (8) that is approved by the Director respecting a subsea coal mine, an approval of it by the Director or the financial expert;
(b) an assurance that any work that proceeds in the manner described in it would comply with the Act, its regulations, or generally accepted engineering principles.
(2) If the Director or a financial expert recognizes that work that proceeds in the manner described in a document that is required to be filed with the Director or assessed by a financial expert under these regulations could result in a contravention of the Act or its regulations or generally accepted engineering principles, the Director or financial expert may advise the employer and any other appropriate person of the apparent violation.
(3) Whether or not advice is received under subsection (2) does not affect a person’s responsibilities or duties under the Act and these regulations.
Director may require more information
23 The Director may require more information respecting a document filed with the Director under these regulations.
Notice and provision of document to committee or representative
24 (1) At the time of filing, the mine manager must notify the committee or representative, if any, that the employer has filed a document with the Director.
(2) The mine manager must provide copies of documents prepared under Sections 37 to 48 and Sections 50 to 57 to the committee or representative, if any.
(3) A requirement in subsection (1) or (2) must be complied with as soon as reasonably practicable after the committee is formed or the representative is selected.
Consultation with committee or representative on written procedure or instructions
25 A written procedure or written instructions prepared or reviewed under these regulations must be prepared or reviewed in consultation with the committee or representative, if any.
Committee or representative to review documents annually
26 (1) At least annually, the committee or representative, if any, must be asked for comments and recommendations on the following:
(a) the employer’s job training program;
(b) any documents required to be developed by these regulations.
(2) Comments and recommendations made under subsection (1) may include comments and recommendations on any of the following:
(a) changes in technology;
(b) mining conditions;
(c) work practices and procedures in the mine.
27 (1) In this Section, “operator” means a person who holds a special licence or a mineral right under the Mineral Resources Act respecting a subsea coal mine or manages the project on behalf of the holder.
(2) Except as provided in subsection (3), an employer must establish a committee if persons are regularly employed at a subsea coal mine.
(3) If there is more than 1 employer at a subsea coal mine, the Director may order the operator to do all of the following:
(a) establish a committee that represents all or any combination of employers and employees;
(b) assume the duties of an employer under this Section.
(4) The Director may order an employer to include on the committee a representative of any category of persons working at the subsea coal mine that the Director considers necessary for the operation of the committee.
(5) An employer at a subsea coal mine must provide enough resources and adequate administrative support for the effective operation of the committee.
Review of documents by committee at subsea coal mine
28 (1) An employer at a subsea coal mine must submit to the committee for its review any documents that the employer is required to file with the Director under subsections 35(7) and (8).
(2) If a committee does not exist at the time a document is filed with the Director, subsection (1) must be complied with as soon as reasonably practicable after the committee is formed.
(3) An employer at a subsea coal mine must make any person with knowledge in the preparation of a document filed with the Director available at a committee meeting to inform the committee concerning the document.
(4) If the committee, in reviewing a document under this Section, determines that a person with specialized knowledge is required for deliberation, it may request the Director to order any person to be made available to the committee, at the employer’s expense.
(5) An employer at a subsea coal mine must ensure that any written advice provided by the committee is included, if reasonably practicable, in the filing with the Director of any documents required by subsection 32(1) and subsections 35(7) and (8).
Right to appeal at subsea coal mine
29 (1) In this Section, “appeal” means file an appeal with the Board under Section 69 of the Act.
(2) In addition to any order or decision referred to in clauses 69(1)(a) to (d) of the Act, an aggrieved person at a subsea coal mine may appeal a decision of the Director to issue or not issue an approval under Section 35.
Procedures and certifications adequate, signed and trained for
30 (1) A written procedure or certification that is prepared for the purpose of the Act or these regulations must be
(a) adequate; and
(b) approved and signed by the mine manager.
(2) Each person who is required to perform a function under a procedure or certification must be trained in respect of it generally, and in particular in the requirements relating to the person.
Activities to be carried out in accordance with documents
31 Any activities or procedures specified in documents required under these regulations must be carried out as specified in the documents.
32 (1) In addition to the notice of an accident required by Section 63 of the Act, the mine manager must notify the Director no later than 24 hours after any of the following:
(a) an outbreak of fire of any size, if it is unplanned, uncontrolled or endangers a person or property;
(b) at a coal mine, any occurrence of an open flame that is not permitted under these regulations, including a flamed charge;
(c) an unplanned sudden release or in-rush of water, mud, slurry or debris;
(d) a gas outburst;
(e) a premature or unexpected explosion of explosives, gas or dust, or a misfire;
(f) an unplanned or unexpected fall of rock or a rockburst that does any of the following:
(i) impairs ventilation,
(ii) impedes the passage of persons,
(iii) causes injury to a person,
(iv) causes a person to withdraw from the area,
(v) disrupts work for more than 1 hour;
(g) at a coal mine, the failure of a main fan or booster fan or any changes that result in air flow changing by more than 15% in any area from the airflow noted on the ventilation plan;
(h) at a coal mine, a flammable gas concentration equal to or greater than 0.5% by volume in the air being tested in a non-explosion risk zone;
(i) at a coal mine, a flammable gas concentration equal to or greater than 2% by volume in the air being tested in an explosion risk zone;
(j) 2 occurrences during any 30-day period of a dust, mist or gas concentration greater than the occupational exposure limit for the dust, mist or gas;
(k) test results that exceed twice the occupational exposure limit;
(l) at a coal mine, coal dust concentrations that exceed the limits specified in subsection 188(1), as shown by an analysis of successive samples of dust from the same area of the mine.
(2) A record must be completed of any of the occurrences specified in subsection (1) and of all of the following:
(a) a flammable gas concentration equal to or greater than the concentration specified in any of the following provisions:
(i) clause 241(6)(a), respecting a visual alarm from a flammable gas monitor on or near an electrical installation,
(ii) subsection 242(2), respecting flammable gas concentrations in a return airway of a coal mine,
(iii) subsection 243(2), respecting flammable gas concentrations at an electrical installation at a longwall working face in a coal mine,
(iv) subsection 246(2), respecting flammable gas concentrations in non-explosion risk zone of a coal mine;
(v) Section 249, respecting flammable gas concentrations of 1.25% in a coal mine,
(vi) Section 250, respecting flammable gas concentrations of 2.0% in a coal mine,
(vii) Section 260, respecting flammable gas concentrations of 0.25% in [a] non-coal mine;
(b) an evacuation of persons because of a high flammable gas concentration;
(c) at a coal mine, coal dust concentrations that exceed the limits specified in subsection 188(1);
(d) an unplanned or unexpected fall of rock that exceeds 3 t or any rockburst;
(e)a work refusal related to health or safety;
(f) treatment of a person in a hospital for injury received at the mine;
(g)a failure of a hoist safety device during use or test;
(h)asphyxiation of a person;
(i)mobile equipment going out of control;
(j) an accident or incident involving a mine hoisting plant;
(k) cracking or subsidence of a bulkhead, dam, permanent stopping or explosion-proof barrier;
(l) an accident or incident involving an electrical installation that may have resulted or resulted in personal injury or property loss;
(m) in a coal mine, a failure of equipment that is not intrinsically safe or not flameproof;
(n) the introduction of a type of electrical installation that does not comply with a standard listed in subsection 194(1);
(o) a discrepancy found in the inventory of explosives required by Section 466.
(3) A record made under subsection (2) must be kept for as long as the mine is in operation.
(4) The mine manager must give notice of a record completed under subsection (2) to the committee or representative, if any, as soon as reasonably practicable and provide a copy of the record to the committee or representative, if any, on request.
Investigation of reported occurrence
33 (1) If there is an occurrence of a type that requires a record to be made under subsection 32(2), all of the following must be done without delay:
(a) measures reasonable in the circumstances must be taken to eliminate the cause and to prevent a reoccurrence;
(b) a notice of the occurrence must be posted at a conspicuous location at the workplace;
(c) an immediate investigation of the occurrence must be carried out.
(2) On completion of an investigation referred to in clause (1)(c), a written report of the investigation must be prepared without delay that includes all of the following:
(a)wherever possible, an identification of the cause of the occurrence;
(b) details of all unsafe conditions, acts or procedures that contributed in any manner to the occurrence;
(c) measures to be taken to prevent similar occurrences and a schedule for implementation of the measures;
(d) the comments of the committee or representative, if any, on all of the following:
(i) the investigation into the occurrence,
(ii) the measures taken as a result of the investigation.
Filing of documents on initial development and shutdown of mine
34 (1) If an employer proposes to proceed with the initial development or construction of a mine, or to re-enter a mine or to shut down, close or abandon a mine, they must do all of the following by the deadline stated:
(a) file with the Director the documents required in Sections 37 and 39 and the mine plan, electrical installations plan, ground control procedure and ventilation plan at least 90 days before proceeding with any of the activities;
(b) at a coal mine, file with the Director the report required by Section 198 at least 90 days before proceeding with any of the activities;
(c) at a coal mine, file with the Director the document required in Section 55 at least 90 days before proceeding with any of the activities;
(d) give the Director written notice, including the anticipated start date for the activity, at least 30 days before proceeding with any of the activities.
Approvals required for subsea coal mine
35 (1) In this Section, all of the following definitions apply:
“application” means documents or information respecting the plans, procedures or programs referred to in subsection (7) and the activities referred to in subsection (8) submitted to the Director for approval;
“approval” means an approval of an application issued in writing by the Director.
(2) An approval may be given only if no apparent violation of the Act or its regulations is revealed in an application or in any information of which the Director is aware.
(3) An approval may be made subject to any terms or conditions the Director considers appropriate to protect occupational health or safety.
(4) A person at a subsea coal mine must not carry out work that requires an approval without an approval or without complying with the terms or conditions of the approval.
(5) A person at a subsea coal mine must not transfer, sell, lease, assign or otherwise dispose of an approval without the written consent of the Director.
(6) The Director may reconsider, vary, confirm, revoke or suspend an approval.
(7) An employer at a subsea coal mine must make an application to the Director for approval for the following plans, procedures and programs:
(a)the mine plan;
(b)the electrical installations plan;
(c)the ground control procedure;
(d)the ventilation plan;
(e)the emergency preparedness program;
(f) the coal dust minimization procedure required by subsection 186(1).
(8) In addition to the plans, procedures and programs referred to in subsection (7), an employer at a subsea coal mine must make an application with the Director for approval before proceeding with any of the following activities:
(a) developing, constructing or re-entering a mine, as referred to in Section 37;
(b) introducing a significant change in procedures, technique or equipment or an experimental activity, as referred to in Section 38;
(c) shutting down, closing or abandoning a mine, as referred to in Section 39;
(d) sinking or deepening a shaft, as referred to in Section 40;
(e) installing or making a major alteration of a mine hoisting plant, as referred to in Section 41;
(f) constructing a fuel transfer system underground, a fuelling station underground or an underground storage area for flammable material, as referred to in Section 42;
(g) constructing an explosion-proof barrier, a dam, a bulkhead or a permanent stopping or sealing off an abandoned area, as referred to in Section 43;
(h) constructing an underground battery charging station, as referred to in Section 44;
(i) transporting persons for the first time by a shaft conveyance or mine car, or by other means, as referred to in Section 45;
(j) designating an area as a non-explosion risk zone, as referred to in Section 46;
(k) installing equipment that is not intrinsically safe or not flameproof, as referred to in Section 47;
(l) determining the minimum safe distance between any working and primary access or auxiliary access, as referred to in Section 48;
(m) performing work within 100 m of hazards, as referred to in Section 111;
(n) work to advance towards a geological fault, as referred to in Section 114;
(o) backfilling an abandoned panel or abandoned stope, as referred to in Section 117;
(p) performing hot work, as referred to in Section 162;
(q) carrying out hotwork within a shorter period, as referred to in subsection 163(3);
(r) working in an area where flammable gas may be encountered that requires mine explosion suppression procedures and devices, as referred to in subsections 185(1) and (2);
(s) installing, energizing or using an electrical installation, as referred to in Sections 192 and 195 and subsection 199(2);
(t) mechanical work carried out by a competent person, as referred to in subsection 205(3);
(u) installing, energizing or using pneumatic-powered or hydraulic-powered equipment, as referred to in Section 208;
(v) installing, operating and maintaining a booster fan, as referred to in Section 227;
(w) installing or operating an internal combustion engine, as referred to in Section 263;
(x) fuelling mobile equipment, as referred to in subsection 270(3);
(y) operating mobile equipment, as referred to in subsection 290(1);
(z) using remote-controlled equipment, as referred to in Section 273;
(aa) operating a mine hoisting plant, as referred to in Sections 303 and 385;
(ab) using a raise climber, as referred to in Part 12;
(ac) using explosives, as referred to in clauses 453(3)(a) and (b);
(ad) using temporary storage boxes, as referred to in subsection 463(1);
(ae) drilling near loaded holes, as referred to in subsection 474(4);
(af) handling misfires, as referred to in Section 504.
Documents to be certified by engineer
36 (1) A document required by Sections 37 to 48, the mine plan and the electrical installations plan must be certified as adequate by an engineer.
(2) The ground control procedure must be certified as adequate by an engineer who is competent in the types of ground control the employer proposes to use or uses.
(3) The ventilation plan must be certified as adequate by an engineer who is competent in mine ventilation.
Report on proposed initial development or construction of mine, or re-entry into mine
37 An employer who proposes to proceed with the initial development or construction of a mine or to re-enter a mine that has ceased development or production for 60 consecutive days or more must file a report with the Director that includes all of the following:
(a) descriptions and plans of all of the following:
(i) the proposed mine,
(ii) the area of the mine from which the material will be extracted,
(iii) the locations of bodies of water and watercourses that might affect the mine, including all of the following:
(A) identification of any existing or proposed workings that are below a body of water or watercourse,
(B) if any existing or proposed workings are below a body of water or watercourse, a description of the geological nature of the material between the body of water or watercourse and the existing or proposed workings,
(iv) the location of known faults or other structural geological disturbances within or adjacent to the mine site,
(v) the locations for storing ore, tailings and waste rock;
(b) an engineer’s calculations of the expected strains on the mine roof and overburden, including strata above the mine;
(c) the proposed means by which the work will be carried out and the schedules and equipment proposed for use in each phase of development and mining.
Report to committee on proposed significant change or experimental activity
38 An employer must ensure that a report is prepared on any significant change in procedures, technique or equipment that is introduced or any experimental activity that may adversely affect the health or safety of a person that is introduced, and submit a copy to the committee or representative, if any, that includes details of the change or experimental activity and its effect on health and safety, including ventilation, ground control and equipment underground at the mine.
Report on shutdown, closure or abandonment of mine
39 An employer who proposes to shut down, close or abandon a mine must file a report with the Director that includes all of the following:
(a) details of the shutdown, closure or abandonment and its effect on ventilation, ground control and equipment underground at the mine;
(b) a procedure for the shutdown, closure or abandonment of the mine that includes all of the following:
(i) an intended date for the shutdown, closure or abandonment,
(ii) documents and instructions for the shutdown, closure or abandonment,
(iii) details of portal closure procedures and methods,
(iv) details for site security after the shutdown, closure or abandonment.
Report on shaft sinking or deepening
40 An employer who proposes to sink or deepen a shaft must ensure a report is prepared that includes all of the following:
(a) details on the ventilation of the shaft;
(b) the manner in which water in the shaft will be handled or controlled;
(c) in relation to shaft deepening, an updated ventilation plan;
(d) details on the procedure and equipment that will be used in the shaft sinking or deepening.
Report on the installation or major alteration of mine hoisting plant
41 An employer who proposes to install or make a major alteration to a mine hoisting plant must ensure that an engineer designs the installation or alteration and prepares a report respecting the installation or alteration.
Report on installation of fuel systems
42 An employer who proposes to construct a fuel transfer system underground, a fuelling station underground or an underground storage area for flammable material must ensure a report is prepared that includes all of the following:
(a) if diesel fuel is to be transported, the procedure required by subsection 176(5) for a diesel fuel transfer system;
(b) if a diesel fuel pipeline is part of the system, the written specifications of the manufacturer or an engineer required by clause 177(a) for a diesel fuel pipeline serving the underground;
(c) a description of monitoring procedures to quantify airborne substances that may be generated;
(d) equipment and material lists and specifications.
Report on construction of barrier, dam, bulkhead or stopping or sealing off abandoned areas
43 (1) Except as provided in subsection (2), an employer who proposes to construct an explosion-proof barrier, a dam, a bulkhead or a permanent stopping or to seal off abandoned areas of a coal mine must prepare a report that includes all of the following:
(a) a ventilation plan that reflects the changes in ventilation after the barrier, dam, bulkhead, stopping or seal is constructed;
(b) details of drainage;
(c) details of design;
(d) whether the barrier, dam, bulkhead, stopping or seal is designed to contain an explosion;
(e) for a dam, details on whether the dam is designed to hold back more than 1 m high of water or to hold more than 50 000 L of water;
(f) for a permanent seal in a coal mine, the procedures required by subsection 256(3).
(2) Subsection (1) does not apply to the construction of a dam that meets all of the following criteria:
(a) the dam is less than or equal to 1 m high and is designed to hold back less than 50 000 L of water;
(b) the dam is located in a travelway or underground opening;
(c) the dam is used solely for diverting the drainage on a mining level or storing water for mining purposes.
Report on construction of battery charging station
44 An employer who proposes to construct an underground battery charging station must prepare a report that includes all of the following:
(a) details on air-flow directions and quantities for the battery charging station;
(b) detailed specifications for the charging equipment and batteries;
(c) a plan of the battery charging station showing the general arrangement and location of the charging equipment and all other electrical installations in the battery charging station;
(d) the portion of the emergency preparedness program that describes the procedure for fire-fighting in the battery charging station.
Report on transporting persons for first time
45 (1) An employer who proposes to transport persons underground by any means for the 1st time must prepare a report that includes all of the following:
(a) the date of the intended 1st transport;
(b) the maximum number of persons that are allowed to be transported at any 1 time in the shaft conveyance or mine car or by other means;
(c) for a shaft conveyance, the procedure for commissioning the shaft conveyance required by Section 353;
(d) for a mine car, the procedure for commissioning the mine car required by Section 425.
(2) An employer must notify the Director at least 14 days before the date of the 1st proposed transport of persons referred to in subsection (1).
Report on designation of area as non-explosion risk zone
46 An employer who proposes to designate an area of a coal mine as a non-explosion risk zone under Section 193 must file a report with the Director that includes the report of the ventilation engineer required by subsection 193(2).
Report on use of equipment that is not intrinsically safe or not flameproof
47 (1) Except as provided in subsection (2), an employer at a coal mine who proposes to install equipment underground that is not intrinsically safe or not flameproof must file a report with the Director that includes all of the following:
(a) the engineer’s certification required by clause 196(2)(a);
(b) a plan showing the exact location of the equipment.
(2) A report does not have to be filed under subsection (1) for the replacement of an existing piece of equipment if the replacement equipment is
(a) of the same model, type and rating as the original equipment; and
(b) from the same manufacturer as the original equipment.
Report on minimum safe distance between primary or auxiliary access and any working
48 (1) An employer must ensure that an engineer prepares a report to determine the minimum safe distance between any working and primary access or auxiliary access based on all of the following:
(a) the rationale for determining the distance;
(b) the method of drivage;
(c) the method and type of ground control;
(d) a geo-technical assessment by an engineer of the effects of the proposed work on the primary access or auxiliary access, taking into consideration all of the following:
(i) geology,
(ii) method of mining,
(iii) depth of workings,
(iv) ground stresses,
(v) length of time the access is intended to be used by persons entering or leaving the mine.
(2) A geo-technical assessment described in clause (1)(d) must include the engineer’s opinion on the adequate functioning of the access.
Coal mine business plan and feasibility study
49 (1) If ordered by the Director, an employer who proposes to develop or construct a coal mine must have the employer’s business plan and feasibility study assessed at the employer’s expense by a financial expert approved by the Director.
(2) An employer must provide a financial expert with access to all information and documentation in the employer’s possession that relates to the assessment of the employer’s business plan and feasibility plan [study].
(3) An employer must instruct the financial expert to prepare and file a report on the assessment under subsection (1) with the Director, in the manner ordered by the Director, to ensure confidentiality of the business plan and feasibility study.
(4) An assessment ordered by the Director under subsection (1) must include all of the following information:
(a) an analysis of coal markets and production schedules;
(b) estimated operating supplies and anticipated costs of the supplies;
(c) financial details, including audited financial statements;
(d) assets and cash reserves;
(e) sensitivity analyses, including the anticipated effects of changes in market conditions, supplies, price, timing, production costs, product quality, work force, wage rates, taxes, equipment costs, maintenance costs or any other relevant factor;
(f) any factors the financial expert considers relevant to the financial viability of the mine.
Update required for obsolete or outdated portions of documents
50 Despite any other requirement contained in these regulations, any obsolete or outdated portions of the mine plan, electrical installations plan, ground control procedure and ventilation plan must be updated monthly and updates kept at the mine.
51 (1) An employer must ensure that a competent person prepares a plan of the mine that includes all of the following:
(a) the boundaries of the property on which the mine is located;
(b) the location of all of the following:
(i) lakes, streams and other topographical features that might affect the mine,
(ii)roads and railways,
(iii)electric power transmission lines,
(iv)main pipelines,
(v)buildings and other surface facilities,
(vi)shaft and slope openings,
(vii) surface workings,
(viii) dumps and waste disposal sites,
(ix)magazines on or adjacent to the mine site,
(x) known boundaries of mine deposits,
(xi) adjacent mine boundaries within 500 m of all proposed workings,
(xii) drill holes that might intersect underground workings on the mine site;
(c) separate plans of each underground level of the mine showing the location of all major features, including all of the following:
(i) workings,
(ii) working faces,
(iii) shafts,
(iv) slopes,
(v) tunnels,
(vi) dams, bulkheads, stoppings, seals and barriers,
(vii) electrical substations,
(viii) magazines,
(ix) fuel storage areas,
(x) shops,
(xi) service garages,
(xii) refuge stations,
(xiii) lunch rooms,
(xiv) airways,
(xv) escapeways,
(xvi) travelways,
(xvii) abandoned areas of the mine;
(d) vertical plans showing all of the following:
(i) shafts,
(ii) winzes,
(iii) tunnels,
(iv) drifts,
(v) slopes,
(vi) raises,
(vii) adits and workings in relation to the surface and the top of the bedrock;
(e) the location of any body of water dammed in the mine;
(f) the elevation of the tops and bottoms of shafts and slopes;
(g) the position, direction and extent of each known fault and the displacement of the faults;
(h) the direction and dip of the material being mined;
(i) existing mine workings above or below the mine;
(j) the location of telephone or other communication or signal installations.
(2) An employer must ensure that a plan required by subsection (1) includes the estimated timing of any planned changes to the items required to be included in the plan under subsection (1) for any activity during the 2 years following the preparation of the plan.
(3) For each area underground, an employer must post a copy of the current mine plan relating to that area and ensure that the plan remains posted for as long as it is current.
52 An employer must ensure that a plan of the electrical installations at a mine is prepared that meets the requirements of clause 3.2.1 of CSA standard CAN/CSA-M421-00 (R2005), Use of Electricity in Mines.
53 (1) An employer must ensure that a ground control procedure is prepared for the mine to prevent the unplanned fall of rock.
(2) A ground control procedure must include details of all of the following:
(a) existing geological conditions, including the thickness of any relevant seams;
(b) the type and thickness of strata between the roof and the surface and below the floor for a depth of 3 m below the strata being mined;
(c) the mining methods to be used;
(d) any hazards related to ground control and an outline of the manner in which these hazards will be handled;
(e) the planned width of openings and size of any pillars;
(f) the method of permanent and temporary ground support, including pillars, mechanical devices or any other methods to be used, including the type, sequence and spacing of permanent and temporary ground support materials or devices;
(g) a plan showing the location, size and spacing of pillars, mechanical devices or any other methods of support;
(h) the work procedures used to assess ground conditions;
(i) the work procedures used to install any ground control devices;
(j) if instruments or devices are installed to monitor ground conditions, a description of how and when measurements will be taken, and a description of how results will be recorded;
(k) the work procedures used to construct, inspect, maintain and regularly monitor the instruments and devices used to monitor the ground control system;
(l) a system that ensures that a record is made on a plan included as part of the ground control procedure of any unplanned fall of rock or any rockburst that does any of the following:
(i) impairs ventilation,
(ii) impedes the passage of persons,
(iii) causes injury to a person,
(iv) causes a person to withdraw from an area,
(v) disrupts activities for more than 1 hour;
(m) an adequate testing procedure for the ground supports;
(n) how the effectiveness of the ground control procedure will be evaluated.
(3) An employer must maintain a written record of the results obtained from an instrument or device used to monitor the ground control system and must keep the record for at least 2 years after the earlier of the following dates:
(a) the date that the underground area of the mine that is covered by the record becomes abandoned;
(b) the date that the instrument or device is no longer used.
54 An employer must ensure that plans are prepared describing the ventilation system that show all of the following:
(a) the location and description of all fans or air-moving devices;
(b) the location and description of all surface openings;
(c) the location of the measurement stations that are used to determine the air flow;
(d) the direction, velocity and air flow of the main air currents;
(e) the location of all proposed and existing ventilation devices, including all of the following:
(i) main fans,
(ii) auxiliary fans,
(iii) booster fans,
(iv) ventilation doors and ventilation curtains,
(v) airways and crossings,
(vi) air ducts,
(vii) brattices,
(viii) bulkheads,
(ix) flammable-gas drainage pipes and holes,
(x) explosion-proof barriers,
(xi) stoppings,
(xii) seals,
(xiii) dams,
(xiv) overcasts,
(xv) undercasts,
(xvi) regulators,
(xvii) doors,
(xviii)connections with adjacent mines;
(f) the location of all underground workings and splits;
(g) the flow of air entering and leaving each working area;
(h) the amount of air at each open crosscut in a room and pillar section;
(i) cross-sectional areas of all travelways, tunnels and shafts and any other devices or airways through which ventilating air is moved;
(j) any means of heating the ventilating air;
(k) any compressed air lines used for ventilation;
(l) the location of all fixed ventilation monitoring equipment and remote sensing equipment;
(m) transportation systems for all of the following:
(i) persons,
(ii) material being mined,
(iii) materials other than materials being mined;
(n) the location of first aid stations and refuge stations;
(o) the location of any non-explosion risk zone and the location and type of any fixed equipment in the zone that is not intrinsically safe or not flameproof;
(p) the location of obstructions to air flow.
Requirement for document estimating rate of flammable gas
55 An employer at a coal mine must ensure that a document is prepared estimating the rate of flammable gas released at each stage of mining.
Mechanical equipment installations plan
56 An employer must ensure that a plan is prepared showing the location of non-mobile mechanical equipment installations.
Plans of sections and meeting stations in coal mine
57 (1) The mine manager of a coal mine must prepare a plan and an employer at a coal mine must ensure that the mine manager defines the limits of each section in a coal mine for which a supervisor is responsible on the plan so that
(a) every working face, other than an area where work is being carried out to repair or enlarge a travelway, is included within a section; and
(b) each section is small enough to permit a pre-shift inspection to be completed in 2 hours or less.
(2) An employer at a coal mine must ensure that the mine manager designates a meeting station that is located at the entrance to each section and ensures that the locations are made known by doing all of the following:
(a) marking the meeting stations clearly on the plan required by subsection (1);
(b) causing a sign to be posted at each meeting station identifying it as a meeting station.
(3) An employer must ensure that the plan required by subsection (1) is posted in a conspicuous place at all meeting stations underground.
58 An employer must file the mine plan, electrical installations plan, ground control procedure and ventilation plan with the Director at least once in every 12 months after the initial construction, development or re-entry of a mine has started, until the mine is abandoned.
59 (1) Except as provided in Section 60, an employer must pay the following fees to the Division:
(a) at the time a document, or any revision of the document, is filed with the Director, the applicable fee set out in Schedule A;
(b) no later than 30 days after receiving an order of the Director requiring payment, an amount equal to the difference between the following:
(i) the actual cost incurred by the Director to review the document,
(ii) the filing fee paid under clause (a) as set out in Schedule A or as waived or reduced in accordance with Section 60.
(2) An employer must ensure that a fee paid under subsection (1) is accompanied by all of the following information:
(a) the number or letter of the provision of these regulations that requires filing the document to which the fee relates, as set out in Schedule A;
(b) the amount of the required fee for the document filed, as set out in Schedule A.
(3) An amount must not be charged under clause (1)(b) if
(a) the amount paid under clause (1)(a) is more than the cost of reviewing the document; or
(b) the difference calculated under clause (1)(b) is less than 10% of the amount of the filing fee paid under clause (1)(a) for the document.
(4) If the cost of reviewing or assessing a document filed under these regulations is less than the filing fee paid under clause (1)(a) for the document, the difference must be refunded if it is more than 10% of the filing fee.
Waiver or reduction of filing fee
60 (1) An employer who is required to file a document required by these regulations may apply in writing to the Director to have the filing fee required by clause 59(1)(a) waived or reduced.
(2) If the Director determines that the likely cost associated with the filing of a document required by these regulations will be less than the fee set out in Schedule A, the Director may waive or reduce the filing fee required by clause 59(1)(a).
Penalty for non-payment of fee
61 (1) Except as provided in subsection (2), an employer who fails to pay a fee required by clause 59(1)(a) or a reduced fee required by Section 60 may be subject to an order issued by the Director, in addition to any order for payment of the fee outstanding under subsection 59(1), requiring payment of an administrative penalty in an amount equal to the fee outstanding under subsection 59(1), and the employer is required to pay both the fee and the penalty.
(2) If an employer has made an application under Section 60, the fee outstanding under clause 59(1)(a) is not due unless and until the Director orders that it be paid.
Review of documents and notice of costs
62 (1) If the Director determines, based on the documents filed, that a review is necessary to ascertain the adequacy of the information contained in the documents, the Director must review the information in a timely manner.
(2) The Director must notify the employer when the review is complete and the notice must state the cost of the review.
Part 3 - General Safety Requirements and Work Procedures
Designation by mine manager to position
63 Except as otherwise provided in these regulations for a person being trained, a person must not perform the duties of a position that requires a designation unless the person has been designated by an employer or the mine manager to the position.
64 Unless these regulations specify otherwise, a designation required to be made by an employer or the mine manager under these regulations must be in writing.
Designation of mine manager and alternate
65 (1) Before work involving the disturbance of ground starts at a mine, an employer must designate all of the following:
(a) 1 competent person as the mine manager, and at a coal mine the competent person must meet the qualifications set out in Section 544;
(b) at least 1 competent person as an alternate person to be responsible for performing the duties of the mine manager if the mine manager is unable to carry out the duties of mine manager, and at a coal mine the competent person must meet the qualifications set out in Section 544.
(2) If the mine manager vacates the position or otherwise ceases to perform the duties of mine manager for 90 consecutive days, the employer must designate a new mine manager.
66 The mine manager or the mine manager’s alternate must perform all of the following duties:
(a) as far as is reasonably practicable, be at the mine while work is being carried out;
(b) take every precaution that is reasonable in the circumstances to ensure that the requirements of the Act and its regulations are complied with.
Designation of underground manager at coal mine
67 The mine manager at a coal mine must designate a competent person who meets the qualifications set out in Section 545 as the underground manager who is responsible for the overall supervision of operations underground.
Designation and numbers of supervisors
68 The mine manager must designate competent persons as supervisors, and at a coal mine the persons must meet the qualifications set out in Section 547, in numbers necessary to do all of the following:
(a) monitor the workplace sufficiently to ensure compliance with the Act and its regulations;
(b) ensure timely communication of information that is necessary to health and safety among mine workers working at the mine;
(c) ensure that gas tests and inspections of the workplace can be performed as required under the Act and its regulations;
(d) ensure that a person who follows plans, or has access to information from plans, is a competent person;
(e) provide technical assistance to or obtain technical assistance for any person who needs it to ensure health or safety in accordance with the Act and its regulations;
(f) supervise the mine in accordance with the Act and its regulations.
69 The mine manager must designate all persons who will regularly work underground as mine workers.
Designations for mine hoisting plant
70 (1) At a mine at which a hoist is used, the mine manager must designate at least 1 competent person who meets the qualifications set out in Section 536 as a hoist operator.
(2) The mine manager must designate a competent person to be responsible for a mine hoisting plant.
Designation of mine rescue workers and mine rescue team captain
71 (1) The mine manager must designate competent persons who meet the qualifications of Section 539 as mine rescue workers in numbers that meet the requirements of Section 143.
(2) The mine manager must designate a competent person who meets the qualifications of Section 541 as a mine rescue team captain for each mine rescue team established at the mine.
Designation of mine rescue trainer
72 The mine manager must designate at least 1 competent person who meets the qualifications of Section 542 as a mine rescue trainer to conduct the mine rescue training for the employer’s mine rescue teams.
Designation of mine examiner at coal mine
73 The mine manager at a coal mine must designate at least 1 competent person who meets the qualifications of Section 548 as a mine examiner.
Designation of mine surveyor in coal mine
74 The mine manager at a coal mine must designate at least 1 competent person who meets the qualifications of Section 549 as a mine surveyor.
Designation of electricians and mechanics at coal mine
75 (1) The mine manager at a coal mine must designate all of the following electricians:
(a) at least 1 competent person who meets the qualifications set out in Section 551 as a coal mine electrician;
(b) at least 1 competent person who meets the qualifications set out in Section 552 as a chief coal mine electrician.
(2) The mine manager at a coal mine must designate all of the following mechanics:
(a) at least 1 competent person who meets the qualifications set out in Section 553 as a coal mine mechanic;
(b) at least 1 competent person who meets the qualifications set out in Section 554 as chief coal mine mechanic.
More than 1 designation held by person
76 A person may hold more than 1 designation.
Verifying systems, procedures, equipment and installations
77 Before initial use, the performance of all systems, procedures, equipment and installations at a mine that may affect health or safety must be verified and documented to ensure that they meet the plans and specifications and operate in conformity with the design intent.
78 All monitors and meters must be constructed, operated, inspected, maintained, calibrated and dismantled in accordance with
(a) the manufacturer’s specifications; or
(b) if there are no manufacturer’s specifications, written specifications certified by an engineer.
Controlled access to and from mine
79 (1) A person must not enter a mine unless authorized by the mine manager or by law.
(2) A sign indicating restricted access to the mine must be posted at each entrance to the mine property and at each entrance to the underground.
(3) Except in an emergency, a person must enter and exit the underground by way of a designated entrance or exit.
Recording and identification of all persons underground
80 (1) A check-in and check-out system must be prepared, implemented and maintained that accurately identifies by name and number all persons who are underground at a mine.
(2) The system referred to in subsection (1) must consist of all of the following:
(a) a written record, check-board or lamp-check, or other adequate method, kept on the surface in a place that will not be affected by an underground explosion;
(b) a fireproof number tag that corresponds to the record of identification used under clause (a) that must be carried by the person it is assigned to when they are underground.
Washing and changing facilities (wash house or mine dry)
81 (1) A separate facility for male mine workers and a separate facility for female mine workers must be provided in which the workers may wash their bodies and change and dry their clothing, and each facility must include a separate storage facility for street clothes and working clothes.
(2) A facility required by subsection (1) must meet all of the following criteria:
(a) it must not be located in a headframe, boiler room, engine room, bunkhouse or lunchroom, unless the facility is located within a physically separate room in the headframe, boiler room, engine room, bunkhouse or lunchroom;
(b) it must not be located nearer than 15 m to a shafthead building or portal house, unless the facility is constructed of non-combustible material;
(c) it must be adequately heated, lit, and ventilated;
(d) it must be kept clean and equipped with all of the following:
(i) a means of drying hands,
(ii) an adequate supply of soap or other cleansing materials for washing persons;
(e) it must be provided with an adequate supply of hot and cold water;
(f) it must be equipped with a minimum of 1 shower for every 10 persons who may use the facility and are scheduled to leave the mine at the same time.
82 (1) The mine manager must prepare a procedure to ensure timely communication of information between supervisors and persons working at the mine about all of the following:
(a) the state of the ground control;
(b) the state of the ventilation;
(c) the presence of noxious or flammable gases;
(d) any hazardous or potentially hazardous condition;
(e) an emergency;
(f) at a coal mine, a blast pattern where blasting occurs;
(g) any information necessary to the health or safety of persons at the mine.
(2) The procedure required by subsection (1) must set out all of the following:
(a) the means of communicating information;
(b) the kind of information to be communicated;
(c) the action to be taken by persons working at the mine with respect to the information that is communicated to them.
(3) The procedure required by subsection (1) must be reviewed at least once every 12 months.
83 (1) An employer must ensure that radio frequencies that are used underground do not cause any of the following:
(a) the inadvertent operation of a blasting device that might respond to the radio frequencies or the radiated energy;
(b) the inadvertent over-riding of a remote control.
(2) If radio frequencies are used in an underground communications system, all of the following conditions must be met:
(a) the system design as installed must be certified by an engineer, indicating that the system enables reliable communication underground at the mine and that precautions have been taken in accordance with subsection (1);
(b) a competent person must install the system.
84 Permanent lighting of at least 50 lux must be installed at all permanent facilities underground in a mine, except in travelways, ventilation shafts and any other areas where work is not usually conducted.
Cap lamps provided while underground
85 (1) An employer must provide a person entering the underground with an adequate cap lamp.
(2) A person must keep an adequate cap lamp in their possession while underground.
86 An employer must ensure that any cap lamp used underground is capable of providing a peak illuminance of at least 1500 lux for 8 consecutive hours at 1.2 m from the light source.
87 (1) The mine manager must prepare a procedure for all of the following:
(a) assessing cap lamps in accordance with the manufacturer’s specifications to determine whether they are capable of meeting the requirements of Section 86;
(b) assembling, operating, inspecting and maintaining cap lamps in accordance with the manufacturer’s specifications.
(2) At a coal mine, a cap lamp must be of a type that is approved for use in a coal mine by any of the following:
(a) the federal Department of Natural Resources;
(b) MSHA;
(c) an agency acceptable to the Director.
88 (1) An employer must provide each person who enters the underground with all of the following:
(a) an adequately maintained self-rescuer that meets the requirements of subsection (2) or (4);
(b) training in the use of a self-rescuer in accordance with the manufacturer’s specifications.
(2) A self-rescuer must meet all of the following minimum criteria:
(a) it provides protection against dust;
(b) it has a capacity of at least 60 minutes at 1% by volume of carbon monoxide in the air.
(3) A person must carry an adequate self-rescuer at all times while underground.
(4) If a person might travel underground to a point that is farther from the surface or a refuge station than the distance an average person would walk in 30 minutes, 1 of the following must be met:
(a) the self-rescuer provided under subsection (1) must be capable of protecting the user at 1% by volume of carbon monoxide in the air for at least twice the time it would take the average person to walk to the surface or a refuge station, whichever is closer, from the farthest point the person might travel to;
(b) if the person has access to a self-contained breathing apparatus at the person’s workplace, the self-contained breathing apparatus must be capable of protecting the user for twice the time it would take the average person to walk to the surface or a refuge station, whichever is closer, from the farthest point the person might travel to;
(c) caches of self-rescuers must be placed in adequate numbers at locations as follows:
(i) each cache must be located in an area in which precautions have been taken to minimize contamination during an emergency,
(ii) each self-rescuer in a cache must be capable of providing protection for twice the time it would take the average person to walk to the closest of the following:
(A) the next cache,
(B) the surface,
(C) a refuge station, and
(iii) each cache must be identified with adequate signage.
Procedure for assessing and maintaining self-rescuers and self-contained breathing apparatuses
89 The mine manager must prepare a procedure for all of the following:
(a) assessing self-rescuers and self-contained breathing apparatuses in accordance with the manufacturers’ specifications to determine whether they are capable of meeting the requirements of subsection 88(2) or (4);
(b) operating and inspecting self-rescuers and self-contained breathing apparatuses in accordance with the manufacturers’ specifications.
Quantitative fit testing of self-contained respiratory protective equipment
90 An employer must ensure that all persons who are expected to regularly use self-contained respiratory protective equipment receive annual quantitative fit testing of their self-contained respiratory protective equipment.
Maximum hours of work underground
91 (1) In this Section, “longer shift” means a shift that is longer than 8 cumulative hours in any consecutive 24 hours, as recorded from the time a person goes underground until the person returns to the surface.
(2) A mine worker must not work, and a mine worker must not be asked to work, a longer shift except in the following circumstances:
(a) an emergency;
(b) to occasionally perform unscheduled work necessary for the continuation of normal production, if the need for doing the work during a longer shift could not reasonably be foreseen;
(c) on 1 day of a week, to change over their shift times or to avoid working on a Sunday or holiday;
(d) if the committee or the representative, if any, concludes, on the basis of evidence gathered using recognized scientific practices, that a longer shift is unlikely to expose the mine worker to a significantly increased health hazard.
(3) A person must not work underground longer than 16 hours in any 24-hour period.
Incentive bonus plans at coal mine
92 (1) In this Section, “incentive bonus” means a reward or benefit, whether monetary or not, that is provided to any person and considers in any way the levels of production or corporate financial performance at a coal mine.
(2) An employer at a coal mine must not offer an incentive bonus program other than in accordance with this Section.
(3) An employer at a coal mine may offer an incentive bonus program that meets all of the following criteria:
(a) the program is developed following consultation with the employees and any other person who will benefit from the incentive bonus program;
(b) the program is based on all of the following:
(i) measures that recognize and reward acceptable group safety performance,
(ii) measures that recognize and reward acceptable individual safety performance,
(iii) arrangements that allow all employees and any other persons at the workplace, whether underground or not, to participate in the incentive bonus program.
(4) The employer must provide a copy of any proposed incentive bonus program to the Director and the committee or representative, if any, at least 90 days before the date the program is to be implemented.
(5) The mine manager must request that the committee or representative, if any, provide an opinion in writing, based on any evidence gathered, on whether the incentive bonus program at the workplace could expose a person to an increased risk of an incident, injury or accident.
(6) An employer must file an opinion provided under subsection (5) with the Director.
(7) An employer must not implement an incentive bonus program until 1 of the following occurs:
(a) the employer has received an opinion under subsection (5);
(b) the committee or representative, if any, has been given a reasonable amount of time and has not given an opinion under subsection (5).
Contact with person working alone underground
93 (1) Except as provided in subsection (2), a supervisor or person authorized by a supervisor must visit a person who is alone in an underground area of the mine at least once every 2 hours if personal contact with another person would not otherwise be made at least once every 2 hours.
(2) Subsection (1) does not apply if all of the following conditions are met:
(a) a device for communicating by voice is used by the person who is alone to report to a supervisor or authorized person at least once every 2 hours;
(b) the person who is alone is visited by a supervisor or authorized person at least once during the person’s shift.
(3) A record of a report made under subsection (2) must be kept for at least 30 days.
94 (1) A system of devices for communicating by voice must be provided, inspected and maintained at a mine.
(2) A competent person who is qualified with respect to underground operations and in performing the duties as outlined in the emergency preparedness program must be on the surface at a mine site whenever a person is underground.
(3) Persons working underground must be able to immediately contact the person referred to in subsection (2).
(4) A communication system at a mine must enable voice communication between the person referred to in subsection (2) and any person at any of the following locations:
(a) the collar of a shaft, including the collar of an internal shaft if a shaft conveyance is used;
(b) the portal of a slope, if a mine car is used;
(c) the landing station of a shaft station or slope station;
(d) a hoist station;
(e) a first aid station;
(f) a refuge station;
(g) a maintenance shop, crusher station, lunchroom or conveyor transfer station;
(h) any area ordered by the Director.
(5) A communication system at a mine must enable a person who is in a part of an active working to contact someone outside that area.
Primary access and auxiliary access to underground
95 (1) A primary access and, except as provided in subsection (2), at least 1 auxiliary access must be provided and maintained.
(2) An auxiliary access is not required during the exploration and preliminary development of a production area or subsequent development of a new level in a multi-level mine, other than at a coal mine under subsection (3).
(3) At a coal mine, the primary access must not advance more than 500 m without an auxiliary access being provided to the underground.
(4) The primary access and auxiliary accesses, in combination, must provide at least 2 means of passage to the surface from each active working.
(5) There must be at least 30 m between the surface entrances of the primary access and any auxiliary access.
(6) There must be at least 1 travelway joining the primary access and each auxiliary access.
Signs indicating direction to accesses, stations, hydrants, extinguishers and caches
96 An employer must post signs in conspicuous places underground that are adequate in number and size indicating the direction to, and the location of, all of the following:
(a) the primary access and the nearest auxiliary access;
(b) the nearest refuge stations or first aid stations;
(c) the nearest fire hydrants and other non-portable fire-extinguishers;
(d) if self-rescuer caches and self-contained breathing apparatus caches are used at the mine, the nearest self-rescuer caches and self-contained breathing apparatus caches.
97 (1) Except as provided in subsection (2), each opening to the surface at a mine must be certified as adequate by an engineer.
(2) Subsection (1) does not apply to drill holes and similar openings.
Minimum dimensions of travelway
98 (1) Except as provided in subsection (2), all travelways must be at least 1.5 m wide by 1.5 m high and must not contain any obstruction that would impede the passage of persons wearing self-contained breathing apparatuses and carrying an injured person on a stretcher.
(2) A travelway may be smaller than as required by subsection (1) if the mine manager prepares a procedure for the evacuation of injured persons.
Minimum means of access within underground
99 (1) Except as provided in subsection (2), mining must not occur in a production area unless there are at least 2 means of access to the primary access or an auxiliary access.
(2) Mining may occur in a part of a production area that has only a single means of access if the production area meets all of the following:
(a) it is less than 250 m long;
(b) it is mined by 1 of the following methods:
(i) the room and pillar method, as long as no place in the area is more than 200 m from the means of access,
(ii) remote control, if no person is present in the production area.
(3) A 2nd means of access to the primary access must exist or an auxiliary access must exist at any time there are persons in an area where a single means of access to the area might not be usable.
Means of access within underground at mine
100 (1) A walkway, stairway, ladder or raise climber must be provided to an underground area of a mine if the presence of a person in that area on a routine basis can reasonably be anticipated.
(2) A stairway, ladder or raise climber must be provided for a travelway that is inclined at more than 20° and less than 50° from the horizontal.
(3) A ladder that contains landing platforms at vertical intervals not exceeding 7.5 m or a raise climber must be provided if a travelway is inclined at 50° or more from the horizontal.
(4) If a ladder is inclined at more than 70° from the horizontal, the ladders between each landing platform must be offset.
(5) Unless a raise climber or a raise borer is used, any raise inclined at over 50° from the horizontal that is to be driven more than 18 m slope distance must be divided into at least 2 components, 1 of which is maintained as a ladderway.
(6) Timbering used to divide a raise referred to in subsection (5) must be kept within a safe distance of the face of the raise and the distance between the face of the raise and the top of the timbering must not exceed 7.5 m.
Transporting employees close to work location
101 Transportation must be provided to employees to a point that is as close as reasonably practicable to each work location and no further than 600 m from a work location.
102 (1) A landing platform must be installed at any place underground where a ladder is offset from another ladder.
(2) A landing platform underground must have an opening large enough for a person wearing a self-contained breathing apparatus and carrying an injured person on a stretcher to pass through.
103 If a ladder and a skip occupy the same compartment in a shaft, all of the following conditions must be met:
(a) the ladder must be protected from material being hoisted;
(b) a person must not be in the shared compartment while the skip is in motion.
104 When repair work is being carried out in a shaft or when, for any other reason, the shaft could be dangerous to a person entering it, the shaft must be fenced off or gated and warning signs must be posted at all entrances to the shaft.
Passing beyond meeting station of section or into uninspected areas at a coal mine
105 (1) At a coal mine, only a mine examiner carrying out an inspection or a person accompanying the mine examiner may pass beyond a meeting station at the start of a shift until all of the following occurs:
(a) the section is inspected by the mine examiner in accordance with subclause 120(1)(a)(i) and the mine examiner reports that the section is safe;
(b) the supervisor responsible for the section is informed that the mine examiner has reported that the section is safe in accordance with clause (a);
(c) the supervisor responsible for the section instructs persons to pass.
(2) Except as provided in subsection (3), a person at a coal mine must not instruct a person to pass beyond the meeting station of a section at any time, unless the supervisor responsible for the section has information indicating that it is safe to pass beyond the meeting station.
(3) At a coal mine, only a mine examiner carrying out an inspection or a person accompanying the mine examiner may enter uninspected areas of a mine.
106 (1) A person must not work or travel in any underground area of a mine unless that area has been assessed and secured in accordance with the ground control procedure.
(2) A mine worker at an active working face must inspect the roof, sides and face of their work area for any unsafe ground conditions before beginning any work.
(3) In an area where roof bolting is the primary means of ground support, warning devices must be embedded in the roof to monitor any downward movement in the roof strata.
(4) All rock bolts or similar devices installed in a mine on or after the effective date of these regulations must comply with the following:
(a) the requirements of CSA standard CAN/CSA-M430-90 (R2007), Roof and Rock Bolts, and Accessories; or
(b) if the devices are not addressed in the CSA standard referred to in clause (a), generally accepted engineering principles.
(5) If a person is assessing ground conditions underground and a cap lamp does not provide adequate illumination for the assessment, an employer must supply, and the person must use, auxiliary lighting sufficient for effectively carrying out the assessment.
(6) A competent person must install any ground support devices required by the ground control procedure in a manner that is suitable for the ground conditions in the area.
107 (1) Scaling bars used at a mine must meet all of the following criteria:
(a) they must be readily available to mine workers;
(b) they must be adequately dressed and be of such length and rigidity that they can be used at a 45° angle from the horizontal.
(2) A mine worker who is scaling using a scaling bar must do so in accordance with all of the following conditions:
(a) the mine worker must remain on a firm, stable surface;
(b) the mine worker must take up a stable position;
(c) the mine worker must ensure that there is a free space to allow for sudden retreat.
(3) No other work must be carried on during scaling that hinders the work of scaling or would be endangered by the scaling.
108 (1) If gravity is used to transfer solid material through an opening, adequate precautions must be taken to ensure that water, frozen material or water-bearing material do not enter the opening in such quantities as to present a hazard to a person.
(2) If an ore pass or waste pass in an active working is found to contain enough water or saturated material to cause a flow, the mine manager must ensure that a procedure for the safe removal of the water or saturated material is prepared by a competent person.
Cuttings created by raise bores
109 Cuttings created by a raise borer must not accumulate above the raise opening.
110 (1) If drilling of a hole is discontinued or an intersection is made between a hole and a working face, all of the following must be carried out:
(a) if reasonably practicable, the hole must be clearly marked in yellow paint, at the collar and any points of intersection or breakthrough, with a single capital letter “H” that meets all of the following criteria:
(i) it is at least 25 cm by 25 cm in size,
(ii) it is located within 1 m of the collar or intersection;
(b) the approach underground to the collar of the hole or to any intersection with or breakthrough to another hole must be securely closed off or guarded when blasting is to be done within 10 m of the intersection or breakthrough.
(2) In a coal mine, in addition to the requirements of subsection (1), if reasonably practicable, an exploration drill hole must be cemented for a minimum length of 5 m.
Advancing within 100 m of hazards
111 (1) At least 30 days before starting work, an employer must file with the Director a plan and procedure certified by an engineer that explains the work to be done and how the work will be done, including an estimated start date, if the employer proposes to perform work related to mining within 100 m of any of the following:
(a) a working, active or abandoned, on an adjacent property;
(b) an abandoned working at the mine site;
(c) a body of water or material that could flow;
(d) a potentially dangerous pocket of gas.
(2) No work referred to in subsection (1) may proceed until the Director orders the adoption of the plan and procedure as a code of practice under Section 66 of the Act.
112 If a drill hole makes contact with a potentially dangerous accumulation of water or pocket of gas, all of the following must be done:
(a) all work must stop immediately and all persons must withdraw to a safe area until, aside from work and persons involved in controlling the influx of water or gas, all of the following have been completed:
(i) a competent person has evaluated the situation and made a report, and the report has been signed by the manager,
(ii) appropriate measures have been taken to control the hazard;
(b) if the contact is with flammable gas, the concentration of flammable gas must be continuously monitored using an appropriate gas monitor during any further work in the area.
Advancing within 300 m of body of water or material at coal mine that could flow
113 In a coal mine, if a working face is advancing towards a point that is less than 300 m from a body of water or material that could flow, all of the following must be done:
(a) at least 1 hole must be drilled at least 16 m ahead of the advancing working face;
(b) if there is a solid barrier of competent, unworked material of 150 m or less between a body of water and the roof of a face, all of the following must be carried out:
(i) soundings must be taken, at reasonable distances, for the purposes of determining the depth of the water, to a distance of at least 300 m in advance of the working face,
(ii) measurements must be taken at the working face at least once every 3 months to determine the thickness of the barrier,
(iii) the location of the soundings and the measurements required by subclauses (i) and (ii) must be marked on a plan of the underground workings that is kept readily available for examination by mine workers.
Advancing within 50 m of geological fault in coal mine
114 In a coal mine, if a working face is advancing towards a point that is less than 50 m from where there is likely to be a geological fault that may endanger health or safety, all of the following must be done:
(a) at least 1 hole must be drilled at least 16 m ahead of the advancing working face;
(b) if the throw or dislocation of the geological fault exceeds 10 m or the faces of the fault plane are separated by material more than 60 cm thick, a procedure must be prepared and certified as adequate by an engineer for work that is carried out within 10 m of the fault that includes all of the following:
(i) a plan that shows
(A) the current location of the working face,
(B) the proposed location of the working face, and
(C) the length and location of the drill hole referred to in clause (a),
(ii) the work proposed to be performed,
(iii) any hazard or potential hazard to persons as a result of the proposed work,
(iv) a strategy to deal with any hazard or potential hazard that is identified,
(v) the position, direction and extent of the known geological faults and the displacement of the faults in and around the 10 m area,
(vi) the nature, direction and dip of the material to be mined in and around the 10 m area.
Advancing within 10 m of active working
115 (1) In this Section, all of the following definitions apply:
“active working 1” means an active working that is advancing towards a 2nd active working;
“active working 2” means an active working towards which active working 1 is advancing.
(2) If an active working advances within 10 m of breaking through to another active working, all of the following conditions must be met:
(a) a connection must not be made between active working 1 and active working 2 until active working 2 is checked in the breakthrough area for misfires and bootlegs;
(b) blasting may occur only if
(i) the distance between active working 1 and active working 2 is greater than twice the length of the longest drill hole, or
(ii) all personnel are evacuated from active working 2 and all approaches to active working 2 are guarded before blasting.
116 (1) Before using any material for fill underground, the material must be tested and an engineer must certify that the material meets all of the following criteria:
(a) it is suitable for the purpose, as determined from tests including tests of its permeability characteristics and stability;
(b) it does not include sulphide material in quantities that might induce spontaneous combustion or self-heating and it does not contain over 20% sulphide by mass of the fill being tested.
(2) Sand, slag, waste rock or tailings may be used for fill underground only if all of the following criteria are met and an engineer certifies that all of the following criteria are met:
(a) any liquid in the sand, slag, waste rock or tailings contains less than 20 mg cyanide per litre of liquid;
(b) the liquid effluent from the filled area contains less than 20 mg of cyanide per litre of liquid.
(3) A procedure for backfilling must be prepared that it is certified by an engineer.
Backfilling of abandoned panel or abandoned stope
117 (1) If a solid barrier of 40 m of competent, unworked material does not exist between the roof of a panel or stope that is abandoned on or after the effective date of these regulations and the surface, the employer must backfill the panel or stope to ensure against a sudden collapse of ground at the surface, unless the employer does all of the following:
(a) notifies the Director of their intention not to backfill the abandoned panel or abandoned stope;
(b) files with the Director a report prepared by an engineer that includes all of the following:
(i) a soil distribution study,
(ii) a study of the mechanical properties of the soil above the panel or stope,
(iii) a study of the mechanical properties of the rock above the panel or stope,
(iv) a study of the hydrogeological conditions,
(v) any recommended terms or conditions that, in the engineer’s opinion, are necessary for the protection of the health or safety of persons who might be affected by an unexpected collapse, including any recommended monitoring or alternatives and the results to be expected,
(vi) the engineer’s opinion that the ground at the surface above the abandoned panel or abandoned stope will not collapse in a manner that might endanger persons on the surface or underground.
(2) The report referred to in clause (1)(b) must be kept while the mine is in operation.
(3) Any recommendations contained in the engineer’s report prepared under clause (1)(b) must be complied with.
Mining in area of construction
118 (1) Before constructing a dam, bulkhead, permanent stopping, temporary stopping, explosion-proof barrier or seal, a report must be prepared by an engineer that includes all of the following:
(a) a definition of the construction area;
(b) advice on the hazards that could reasonably be anticipated during construction.
(2) A copy of the engineer’s report prepared under subsection (1) must be provided to the mine manager before the construction begins and the mine manager must sign the report.
(3) Except as provided in subsections (4) and (5), only a person involved in the construction of a dam, bulkhead, permanent stopping, temporary stopping, explosion-proof barrier or seal may work in a construction area until the engineer has provided an opinion to the mine manager that it is safe to work in the area.
(4) Persons may work in a construction area conducting tests under the direction of an engineer and in accordance with a procedure prepared by the engineer.
(5) If a temporary stoppingis constructed for fire-fighting, a person other than a person involved in fire-fighting or rescue must not enter the construction area for at least 24 hours after the time the stopping is constructed.
General inspections at non-coal mine
119 At a non-coal mine, an inspection must be made of all of the following locations by the persons and at the times specified:
(a) each place underground that is being ventilated and is an area where persons travel must be inspected by a competent person at least once a week or more often as conditions require;
(b) each underground travelway where persons normally travel on a daily basis must be inspected by a competent person at least once a day;
(c) each underground area where persons are working must be inspected by a supervisor at least once a shift.
General inspections at coal mine
120 (1) A mine examiner at a coal mine must inspect all of the following at the times specified:
(a) each section of the mine at all of the following times:
(i) within the 4 hours immediately before the beginning of each shift in a section,
(ii) if persons are present, at intervals not exceeding 8 hours after the initial inspection referred to in subclause (i);
(b) each of the following places underground that is not included in a section, at the beginning of each shift and at least once during each shift:
(i) a place at which material is being worked to repair or enlarge a travelway,
(ii) a place from which equipment, tools or supports are being removed or salvaged,
(iii) a place at which persons might work and through which persons do not regularly travel,
(c) at least once during each shift, each part of a section that is allotted to the mine examiner for inspection purposes;
(d) at least once during each shift, the condition and position of any explosion suppression devices;
(e) at least once every 24 hours, each underground travelway where persons normally travel on a daily basis;
(f) at least once every 24 hours, areas that are ventilated but not occupied;
(g) at least once a week, all shafts and slopes, other than shafts and slopes that are used solely for ventilation, and all accessible stoppings;
(h) at least once a week, the bottom and top of each shaft and slope that is used solely for ventilation;
(i) at least once a week, the methane drainage system.
(2) A supervisor who is responsible for a section must inspect every part of the section at least once during each shift.
Report on general inspection at mine
121 (1) A person who performs an inspection under Section 119 or 120 must prepare a report of the inspection before going off shift that includes all of the following:
(a) the state of the ground conditions;
(b) the state of the ventilation;
(c) a record of any ventilation, flammable gas and noxious gas readings taken and the locations where the readings were taken;
(d) information regarding equipment that is unsafe;
(e) any hazardous or potentially hazardous condition;
(f) at a coal mine, all of the following:
(i) information regarding the condition and position of any explosion suppression devices,
(ii) the person’s observations regarding stone-dust and accumulations of water.
(2) In addition to the information included in the inspection report required by subsection (1), a supervisor who carries out an inspection under Section 119 or subsection 120(2) must include all of the following in their report:
(a) any unsafe condition reported to the supervisor, whether remedied or not;
(b) any hazardous or potentially hazardous condition that is not remedied or removed by the end of the shift.
Communication of inspection information
122 The information required to be reported under Section 121 must be
(a) communicated to the first-line supervisor on the incoming shift who, at a non-coal mine, is assigned responsibility for the corresponding area of the mine or, at a coal mine, is responsible for the section;
(b) discussed by the first-line supervisor with the mine workers under their supervision on the incoming shift before the mine workers work in the areas addressed in the reports; and
(c) signed by the first-line supervisor on the incoming shift no later than 24 hours after the end of their shift.
Routine inspection and testing for flammable gas at coal mine
123 At a coal mine, at least every 7 days, a mine examiner must test the air underground not more than 30 cm from the roof for the layering and content of flammable gas at all of the following locations:
(a) adequate intervals along the primary return airway;
(b) the return airway of each split where it enters the primary return airway;
(c) accessible returns from abandoned workings;
(d) all seals of each sealed area, if accessible;
(e) all working faces.
General inspection at coal mine on behalf of mine worker
124 (1) At the request of at least 1 mine worker who is not a supervisor, the mine manager at a coal mine must permit an inspection or a test for flammable gas to be done by a competent person selected by the mine worker, and the mine worker must pay the costs of the inspection or test.
(2) A mine worker who wishes to request an inspection or test under subsection (1) must consult with the committee or representative, if any, before requesting the inspection or test.
(3) The person who is to conduct an inspection or test requested under subsection (1) must consult with the committee or representative, if any, before undertaking the inspection or test.
(4) If a mine worker who requests an inspection or test under subsection (1) further requests that the inspection or test be conducted on a regular basis, the mine manager must permit the person who is to conduct the inspection or test to do all of the following at least once a month,
(a) inspect any place underground to which safe access is reasonably practicable;
(b) test for flammable and noxious gas underground.
(5) At a coal mine, the mine manager and mine workers must provide a person who is to conduct a requested inspection or test under subsection (1) with any reasonable assistance necessary to conduct the inspection or test.
(6) During an inspection or test requested under subsection (1) or (4), the mine manager or another representative of the employer may accompany the person conducting the inspection or test.
(7) A person who conducts an inspection or test referred to in subsection (4) must report the results of the inspection or test, in writing, to the mine manager and to the committee or representative, if any, and the report must be posted in a conspicuous place near the entrance to the underground of the coal mine.
(8) A report prepared under subsection (7) must be kept while the mine is in operation.
Examination of workplace and report by mine workers
125 (1) Before starting work and as often as the nature of the work requires, a mine worker must inspect their workplace for hazardous or potentially hazardous conditions and ensure that the workplace is safe.
(2) If a mine worker is competent and capable to do so, a mine worker must correct any hazardous or potentially hazardous condition in their workplace before work is started, resumed or continued.
(3) If a mine worker is unable to make their workplace safe, a mine worker must barricade the workplace and communicate its condition in accordance with the communication procedure required by Section 82.
Hazardous or potentially hazardous conditions
126 (1) A supervisor who becomes aware of an unsafe condition must ensure that all the following are done immediately:
(a) all persons, other than a person whose presence is necessary to correct the unsafe condition, are evacuated from the area affected by the unsafe condition and remain out of the area until the unsafe condition is remedied;
(b) a sign warning persons of the unsafe condition is posted in a conspicuous place at all entrances to the area affected by the unsafe condition until the unsafe condition is remedied.
(2) A person must not enter an area for which there is a warning sign posted, except for a person whose presence is necessary to correct an unsafe condition.
(3) A person must not use equipment that is reported to be unsafe until it is determined to be safe by a competent person and this fact is communicated to the first-line supervisor responsible for the equipment.
Part 4 - Emergency Preparedness and Mine Rescue
Emergency preparedness program
127 (1) The mine manager must prepare an emergency preparedness program in consultation with all of the following:
(a) the committee, or representative, if any;
(b) the local municipality;
(c) the Emergency Management Office, as defined in the Emergency Management Act.
(2) The emergency preparedness program must include all of the following:
(a) a list of the persons, on and off the mine site, whose services are needed to respond in an emergency, and their telephone numbers and contact information;
(b) an organizational chart that includes all of the following:
(i) the names of the persons listed under clause (a) and their assigned responsibilities,
(ii) the contact information for emergency services agencies of the local municipality or the Province that provide services as part of the emergency preparedness program;
(c) procedures for notifying agencies or authorities as required by these regulations or the emergency preparedness program;
(d) a list of all emergency supplies and equipment, including all of the following for each item:
(i) the quantity,
(ii) a description of where they are located,
(iii) details on their use;
(e) an adequate procedure for fighting fires at the mine;
(f) a mine rescue procedure for the underground, including all of the following information:
(i) the circumstances under which the mine rescue procedure must be implemented,
(ii) how mine rescue teams and equipment will be prepared,
(iii) how the aid agreement required by Section 144 will be implemented,
(iv) instructions to be followed on the surface and underground to ensure adequate direction and supervision when the mine rescue procedure is implemented,
(v) written instructions describing how to evacuate each workplace;
(g) a description of the warning system for the underground required by Section 133;
(h) in a coal mine, the response to a warning required by subsection 239(4);
(i) details on the availability of all of the following:
(i) emergency communication facilities,
(ii) emergency transportation facilities,
(iii) emergency power equipment,
(iv) ventilation equipment;
(j) a plan that shows the location of all of the following fire-fighting and first aid equipment and facilities:
(i) fixed fire-extinguishing equipment,
(ii) fixed fire-suppression systems,
(iii) fire hydrants,
(iv) first aid stations,
(v) first aid supplies,
(vi) refuge stations, if any,
(vii) caches of self-rescuers and self-contained breathing apparatuses, if used at the mine;
(k) a description of training to be offered to municipal emergency response staff.
(3) The emergency preparedness program, to the extent reasonably practicable, must be coordinated with the local municipality and the Province in relation to the following:
(a) all emergency procedures developed;
(b) all support services provided.
(4) Before work is initially done underground, an employer must file the emergency preparedness program with the Director.
(5) The emergency preparedness program must be reviewed in consultation with the committee or representative, if any, at least once every 12 months.
Up-to-date copies of emergency preparedness program and training
128 (1) Up-to-date copies of the emergency preparedness program must be available to all of the following:
(a) employees;
(b) each person or resource who has assigned responsibilities under the emergency preparedness program, but who is not employed at the mine.
(2) Each person who works at the mine who has assigned responsibilities under the emergency preparedness program must receive adequate training and up-to-date information relating to their responsibilities.
Posting of emergency procedures, evacuation procedures and current versions of documents
129 A copy of the written instructions on how to evacuate a workplace required by subclause 127(2)(f)(v) and the plan of fire-fighting and first aid equipment and facilities required by clause 127(2)(j) must be posted at conspicuous places in each area of the mine to which the instructions apply, including in all of the following:
(a) each shaft station,
(b) each of the following places underground:
(i) service garages,
(ii) shops,
(iii) refuge stations,
(iv) first aid stations,
(v) lunchrooms,
(vi) food caches,
(vii) permanent underground offices.
Notifying Director of emergency
130 The mine manager must notify the Director immediately when the employer implements the emergency preparedness program, other than when testing its operation.
Monitoring emergency preparedness program
131 (1) An officer must be permitted to monitor all emergency preparedness program operations.
(2) Despite the content of an emergency preparedness program, an officer monitoring its implementation may make any order or take any action authorized by the Act to ensure the health or safety of a person at the mine.
Training municipal emergency response staff
132 At least once a year, municipal emergency response staff must be offered the training referred to in clause 127(2)(k).
133 (1) A warning system must be established, constructed, operated, inspected and maintained for the underground that is made up of all of the following:
(a) an alarm that is adequate to simultaneously warn
(i) persons underground of an emergency requiring prompt evacuation of their workplaces, and
(ii) persons on the surface of an emergency;
(b) procedures prepared by the mine manager for
(i) activating the alarm, and
(ii) ensuring adequate response by persons to the alarm.
(2) The alarm required as part of a mine’s warning system must meet all of the following criteria:
(a) it must be protected against weather at all times, maintained and available for immediate use;
(b) if powered, it must have a back-up power source, or a system that uses various power sources, for its activation system.
(3) An alarm required as part of a mine’s warning system is not required to be powered by electricity.
(4) An explanation of the use of a mine’s warning system and a copy of the procedures required under clause (1)(b) that are applicable to a particular area of the mine must be posted at a conspicuous location in the area, including in all of the following:
(a) each shaft station,
(b) each of the following places underground:
(i) service garages,
(ii) shops,
(iii) refuge stations,
(iv) first aid stations,
(v) lunchrooms,
(vi) food caches.
134 All persons working at a mine must be adequately instructed and trained regarding their duties and responsibilities for when the warning system is implemented.
135 (1) At least 1 test of a mine’s warning system for each shift at the mine must be conducted at least once every 12 months.
(2) A test of a mine’s warning system must be conducted without notice, but an announcement may be made to workers after the start of the test that the test required in subsection (1) is only a test.
(3) Tests of a mine’s warning system must be conducted at all of the following times:
(a) at different dates, spread out over the year;
(b) during shifts that include the maximum number of mine workers at the mine.
(4) The results of tests of a mine’s warning system must be recorded.
Maintaining and storing mine rescue equipment
136 (1) The mine manager must designate a competent person to construct, operate, inspect, maintain and dismantle the mine rescue equipment for the mine.
(2) A mine’s mine rescue equipment must be constructed, operated, inspected, maintained and dismantled in accordance with the manufacturer’s specifications.
(3) A mine’s mine rescue equipment must be stored in a room set aside for the sole purpose of mine rescue operations so that it is readily available for use.
Record mine rescue equipment and maintenance
137 A record of mine rescue equipment and its maintenance must be kept that includes all of the following for the duration specified:
(a) the mine rescue equipment intended for use at a mine, for as long as the equipment is intended for use at the mine;
(b) maintenance records for the mine rescue equipment intended for use at a mine, for as long as the equipment is intended for use at the mine plus 2 years.
Up-to-date plans readily available to mine rescue team
138 Any information required in an emergency by a mine rescue team must be made readily available to the mine rescue team, including copies of all of the following, adequate for mine rescue purposes and updated with the most recent information on the status of the mine:
(a) mine plan;
(b) electrical installations plan;
(c) ground control procedure;
(d) ventilation plan.
139 During a mine rescue operation, in addition to the mine rescue teams actively engaged in mine rescue work, the following mine rescue teams must be available:
(a) a second fully-equipped mine rescue team must be available on the surface or at the fresh air base underground for each mine rescue team that is actively engaged in mine rescue work;
(b) at least 1 team in addition to those required by clause (a) must be actively being assembled or already assembled on site.
Communication system for mine rescue teams
140 (1) A system of devices must be available for communicating by voice during a mine rescue operation that meets all of the following criteria:
(a) the system enables adequate contact between the surface and any fresh air base;
(b) if reasonably practicable, the system enables adequate contact between the surface or fresh air base and all mine rescue teams operating underground.
(2) The mine manager must designate a competent person to transmit instructions to a mine rescue team engaged in a mine rescue operation, and must ensure that no other person transmits instructions to a mine rescue team.
(3) Where reasonably practicable, the person designated under subsection (2) must give the instructions to all members of the mine rescue team simultaneously.
141 A set of mine rescue equipment consists of all of the following:
(a) 1 or more direct-reading hand-held instruments capable of giving a determination within 5 minutes of the start of the sampling period of the concentration of flammable gas, oxygen and noxious gases or vapours likely to be encountered during a mine rescue;
(b) a positive-pressure oxygen therapy apparatus capable of supplying oxygen for medical use at a constant flow of at least 6 L/min for a duration of at least 25 minutes;
(c) a basket-shaped stretcher equipped with restraining straps;
(d) 2 blankets;
(e) 1.5 m of utility rope;
(f) 2 horns;
(g) 3 hand-held smoke-making devices;
(h) a cane with a brass tip;
(i) a link-line capable of linking all members of a mine rescue team;
(j) notebooks, chalk and pens;
(k) except as provided in Section 143 for a mine with 10 or fewer mine workers, 7 self-contained breathing apparatuses, not including those already assigned to persons underground, 5 of which have full face pieces and a minimum utilization time of 4 hours;
(l) any auxiliary equipment and supplies recommended by the manufacturer or supplier of any of the mine rescue equipment specified in this Section.
High-pressure oxygen booster pump
142 (1) Except as provided in subsection (2), each mine must have at least 1 high-pressure oxygen booster pump that is capable of boosting the pressure in the cylinder being charged to at least 30 MPa for use in a mine rescue operation.
(2) Subsection (1) does not apply to a mine that has fewer than 50 mine workers employed, as long as the aid agreement required by Section 144 provides for supplying a pump described in subsection (1) to the mine.
Minimum requirements for mine rescue workers and equipment
143 A mine must have the minimum number of mine rescue workers and sets of mine rescue equipment set out in the following table for the number of mine workers employed at the mine:
Number of Mine
Workers
Employed at Mine
Minimum Number of
Mine Rescue Workers Required
Minimum Sets of
Mine Rescue
Equipment Required
10 or fewer
2 designated mine rescue workers
1, with a minimum of 4 self-contained breathing apparatuses, all of which have full face pieces and a minimum utilization time of 4 hours
11 to 49
1 mine rescue team
1 for each mine rescue team
50 to 99
2 mine rescue teams
1 for each mine rescue team
100 to 149
3 mine rescue teams
1 for each mine rescue team
150 or more
4 mine rescue teams
1 for each mine rescue team
Requirement for mine rescue aid agreement
144 A written aid agreement must be in place with another source to supply the number of fully-equipped mine rescue workers that is adequate to effect a mine rescue at a mine.
145 The mine manager must ensure that a mine rescue team consists of at least 5 designated mine rescue workers, 1 of whom must be designated as a spare and another 1 of whom must be designated as the mine rescue team captain.
Surface fire-extinguishing equipment
146 Adequate surface fire-extinguishing equipment must be present at the mine, or arrangements must be made to ensure that the equipment is immediately available if there is a fire.
147 (1) The mine manager must ensure that a team of at least 4 persons who are skilled in fire-fighting is designated to use the surface fire-extinguishing equipment.
(2) A surface fire-fighting team must practise as a fire-fighting team at least once every 12 months.
(3) The team of persons required by subsection (1) may include persons who do not work at the mine.
148 (1) Except as provided in subsection (2), there must be enough refuge stations provided so that no worker is ever more than 500 m from any of the following:
(a) a refuge station;
(b) an exit from the mine;
(c) if shaft conveyances or mine cars are used to reach the surface of the mine, a shaft station or a slope station.
(2) Subsection (1) does not apply to those parts of a mine being developed by an adit or slope, or during shaft development operations.
Construction and location of refuge stations
149 (1) A refuge station must be able to be sealed to prevent the entry of gases and must be constructed to meet 1 of the following conditions:
(a) it must be constructed in competent, non-combustible rock;
(b) in a coal mine, it must be constructed of competent, combustible rock that may be coal, if there is an adequate non-combustible sealed barrier between the coal and the occupied space;
(c) if not constructed of rock, it must be constructed of non-combustible material.
(2) A refuge station must have at least 2 doors that function as an airlock or there must be measures taken that provide an equivalent level of health and safety.
(3) If reasonably practicable, bore-holes must be drilled from the surface to each refuge station.
(4) All parts of any compressed air lines or water lines supplying the refuge station must be made of non-combustible materials.
(5) A refuge station must be located in a place that meets all of the following criteria:
(a) the location is at least 100 m from a magazine, diesel fuel storage area, fuelling station or battery charging station;
(b) if reasonably practicable, the location’s air is intake air.
(6) A refuge station must have an audible signalling device and a sign on the outside of the refuge station that identifies it as a refuge station.
150 A refuge station must have an air supply that is adequate to sustain the lives of the maximum number of mine workers intended to be sheltered there, for a minimum of 8 hours, by ensuring that the refuge station meets 1 of the following criteria:
(a) it is large enough to contain the required air supply;
(b) it is equipped with a means of supplying the required air by way of compressed air or oxygen.
151 A refuge station must be equipped with all of the following:
(a) an oxygen and flammable gas meter;
(b) a manometer with a scale, mounted on the inside wall of the refuge station, capable of measuring the pressure difference between the air inside and outside of the refuge station;
(c) an adequate supply of potable water that, if supplied in containers, must be exchanged for fresh water at least once a month or kept only until its expiry date if the supply is sealed and date-stamped by a water supplier;
(d) adequate emergency lighting;
(e) a size small Type 2 first aid kit, as prescribed by the latest version of CSA standard CSA Z1220, “First aid kits for the workplace”;
(f) a basket-shaped stretcher with restraining straps;
(g) 2 blankets;
(h) an adequate supply of razors for shaving facial hair;
(i) an adequate supply of food that is sealed in containers stamped with an expiry date and that can be kept only until its expiry date.
Requirement for refuge station procedures
152 (1) The mine manager must ensure that procedures are prepared for using a refuge station during an emergency that include all of the following:
(a) instructions for the conduct of persons in the refuge station;
(b) instructions for entering the refuge station in a manner that protects the health and safety of persons sheltered inside the refuge station.
(2) The procedures required by subsection (1) must be posted in a conspicuous place on the inside and on the outside of each refuge station.
153 A refuge station must not be used for a purpose other than any of the following:
(a) as a lunchroom;
(b) as an office;
(c) as a storage area for first aid supplies and equipment;
(d) for the delivery of first aid;
(e) as a place of refuge during an emergency.
Monthly inspection of refuge stations
154 (1) The mine manager must designate a person to inspect, maintain and re-supply the refuge stations.
(2) Refuge stations must be inspected, maintained and re-supplied by a person designated under subsection (1) at least once a month.
(3) A person who inspects, maintains and re-supplies the refuge stations must prepare a report of the inspection and any maintenance performed.
Part 5 - Fire Prevention and Dust Explosion Prevention
155 In this Part, all of the following definitions apply:
“diesel fuel transfer system” means a system for the transfer of diesel fuel underground from one storage tank to another storage tank;
“hot work” means work that produces arcs, sparks, flames, heat or other sources of ignition and includes welding, cutting or soldering;
“NFPA” means the National Fire Protection Association.
General fire prevention underground
156 (1) Except when performing hot work in accordance with Section 161 or 162, a person must not start or build a fire underground.
(2) All flammable refuse must be removed from the underground as soon as reasonably practicable and must not be underground longer than 24 hours.
(3) A device for generating acetylene gas is prohibited from being underground.
No smoking or open flame at non-coal mine
157 (1) At a non-coal mine, a person must not smoke or use open-flame lamps, matches or other objects capable of producing heat or fire at any of the following places:
(a)a battery charging station underground;
(b) a transformer underground that contains flammable material;
(c) an area in which flammable materials are kept in a storage area;
(d) within 10 m of a fuelling station that contains flammable material;
(e) within 10 m of explosives, a temporary storage box or a blasting area;
(f) any area that is likely to contain any flammable or explosive material;
(g) any area where a fire hazard might be created by smoking or open flames.
(2) At a non-coal mine, a sign prohibiting smoking and open flames must be posted in a conspicuous place at all of the places where it is prohibited under subsection (1).
No smoking or open flame at coal mine
158 (1) Except as permitted in subsection 162(2) for hot work at a coal mine, a person must not smoke or use open-flame lamps, matches or other objects capable of producing heat or fire, or have in their possession any cigarettes, tobacco or any other material for smoking or objects capable of producing heat or fire, in any of the following places:
(a) underground;
(b) on the surface at the following places:
(i) within 30 m of an opening to the underground,
(ii) an area in which flammable material is kept in a storage area,
(iii) a battery charging station,
(iv) a fuelling station,
(v) at a transformer containing flammable material,
(vi) any place that is designated by the mine manager as a fire hazard area.
(2) At a coal mine, a sign prohibiting smoking or open flame underground must be posted at a conspicuous place at all of the following places:
(a) near all entrances to the underground;
(b) any area where smoking and open flame are prohibited under clause (1)(b).
159 The mine manager at a coal mine must ensure that at least 1 person is designated to conduct searches of persons about to enter the underground for any cigarettes, tobacco or other materials for smoking or objects capable of producing heat or fire.
Procedure for random searches at coal mine
160 (1) An employer at a coal mine must file a procedure with the Director for conducting searches at the following times of all of the following persons for any cigarettes, tobacco or other materials for smoking or objects capable of producing heat or fire:
(a) each person who is not normally employed underground, but is granted access to the underground, immediately before the person goes underground;
(b) at random intervals not exceeding 1 month, at least 10% of mine workers who are normally employed underground, after the mine workers leave the wash house and before the mine workers go underground, or at any time when the mine workers are underground.
(2) The procedure required under subsection (1) must include all of the following:
(a) provisions for searching persons of both sexes;
(b) requirements that searches be witnessed by all of the following:
(i) the mine manager or underground manager,
(ii) 2 competent persons designated by the mine manager.
(3) A person who is to be searched under this Section may, instead of being searched by another person, search themself in the presence of all of the following:
(a) a person designated under Section 159;
(b) the witnesses required by subsection (2);
(c) 2 witnesses of the person’s own choosing.
(4) At a coal mine, a person underground who is found to have in their possession any object capable of producing heat or fire other than equipment for hot work under Section 162 must be instructed to leave the mine, and must leave the mine as soon as possible without jeopardizing the safety of others.
(5) After a search under this Section is conducted, a record must be made of all findings and, for the purposes of subclause 11(c)(iii), the record must be kept for at least 5 years after the date of the findings.
(6) At a coal mine, a sign must be posted at a conspicuous place near any entrance to the underground stating that random searches of persons for objects that produce heat or fire will be carried out.
161 (1) At a non-coal mine, if procedures for the safe use of hot work equipment are prepared and implemented by the mine manager, a blow torch or welding, cutting or other hot work equipment may be used in any place underground that is not listed in subsection 157(1).
(2) If hot work equipment is used in any of the places permitted under subsection (1), all of the following conditions must be met:
(a) unless wetting down will create a hazard, the area a minimum of 10 m in any direction from any area that contains a flammable object or substance and that could be affected by the equipment must be wet down at all of the following times:
(i)before the work begins,
(ii) when the work is stopped and the person using the hot work equipment intends to leave the site of the hot work;
(b) the site where the hot work equipment is used and adjacent areas must be examined for potential fire hazards at all of the following times:
(i)before the work begins,
(ii) when the work is stopped and the person using the hot work equipment intends to leave the site of the hot work,
(iii) at least once approximately 2 hours after the work is stopped;
(c) adequate fire-extinguishing equipment must be readily available for use where the hot work equipment is used.
Procedures for hot work at coal mine
162 (1) At a coal mine, when hot work is performed, the mine manager must prepare procedures that are certified as adequate by an engineer for the safe use of hot work equipment.
(2) At a coal mine, hot work may be performed underground in accordance with the procedures referred to in subsection (1) except at an area in which flammable material is kept in a storage area.
(3) At a coal mine, the mine manager must file a notice with the Director of the employer’s intent to prepare procedures for hot work underground at least 30 days before the date hot work equipment is first used underground.
Notice of hot work at coal mine
163 (1) The mine manager at a coal mine must notify the committee or representative, if any, at least 48 hours before hot work is carried out or, if that notice period is not reasonably practicable, at the earliest time reasonably practicable before the hot work is carried out.
(2) At a coal mine, a committee member or representative, if any, must be allowed to observe any hot work carried out at the mine.
(3) At a subsea coal mine, the mine manager must, in addition to notifying the committee under subsection (1), notify the Director at least 48 hours before hot work is carried out, or within a shorter period approved by the Director.
Written instructions for hot work at coal mine
164 In addition to the hot work procedures required under Section 162, a supervisor must issue written instructions to a person using hot work equipment in a coal mine before the hot work equipment is used underground, respecting all of the following:
(a)the type of work;
(b)the location of the work;
(c)when the work is to be done;
(d) any special measures that must be taken before, during or after the work is carried out.
Conditions for hot work at coal mine
165 (1) If hot work equipment is used underground at a coal mine all of the following conditions must be met:
(a) unless wetting down will create a hazard, the area a minimum of 20 m in any direction from the site of the hot work must be wet down at all of the following times:
(i) before the work begins,
(ii) when the work is stopped and the person using the hot work equipment intends to leave the site of the hot work;
(b) the area a minimum of 20 m in any direction from the site of the hot work must be examined for potential fire hazards at all of the following times:
(i) before the work begins,
(ii) when the work is stopped and the person using the hot work equipment intends to leave the site of the hot work;
(c) adequate fire-extinguishing equipment must be readily available for use at the site of the hot work.
(2) The mine manager at a coal mine must designate a competent person to complete all of the following for the area that is a minimum of 20 m in any direction from the site where hot work equipment is to be used underground:
(a) to the extent reasonably practicable, remove any accumulation of coal dust or other combustible materials before the hot work equipment is used;
(b) stone-dust the area before hot work begins, as required by Section 188.
(3) At a coal mine, an adequate quantity of spare stone-dust must be readily available at a site of hot work in addition to any stone-dust required for Section 188.
(4) A mine examiner must test for flammable gas at an underground site in a coal mine where hot work equipment is being used before and periodically during the use of hot work equipment, and work must be stopped if the flammable gas reaches or exceeds 0.5% by volume in the air being tested.
(5) After a person completes hot work at a coal mine, the person and the supervisor responsible for the section where the work took place must thoroughly examine the site of the hot work for sparks, flames and smoldering debris.
(6) At a coal mine, a competent person trained in the use of a flammable-gas monitor must maintain a fire watch at the site of any hot work for at least 24 hours after the work is completed, and must have all of the following readily available for use:
(a) adequate fire-extinguishing equipment;
(b) an adequate quantity of stone-dust;
(c) an adequate means of communication;
(d) a flammable-gas monitor.
(7) All of the following conditions must be met at a coal mine for hot work equipment used underground or within 25 m of an opening to the underground:
(a) the hot work equipment must never be left unattended;
(b) the hot work equipment must be removed from the underground and from within 25 m of the opening to the underground before the end of the shift during which work is completed.
Proximity to flammable material
166 (1) In this Section, “fire-resistance rating” means the time that a material or assembly of materials will withstand the passage of flame and the transmission of enough heat to cause a fire.
(2) Unless procedures are implemented and equipment is installed that provides an equivalent level of safety, a building, including a shafthead building, erected within 30 m of the centre of the primary access or auxiliary access of a mine that has both a primary access and an auxiliary access must be constructed of material with a fire-resistance rating of at least 1 hour.
(3) Unless procedures are implemented and equipment is installed that provides an equivalent level of safety, a building must not be erected within 30 m of the centre of the primary access to a mine that has only a primary access except any of the following that is constructed of material with at least a 1 hour fire-resistance rating:
(a) a hoist house;
(b) a portal house;
(c) a shaft house.
(4) Flammable material must not be
(a) kept within 30 m of the centre of a primary access or auxiliary access, except as permitted in subsection (5);
(b) stored in a shafthead building or portal house;
(c) stored or used within 15 m of a fan drive room unless required for proper use of the fan;
(d) stored in any building or structure that contains a main fan;
(e) stored or used within 15 m of a booster fan or auxiliary fan.
(5) The following flammable materials may be temporarily stored within 30 m of the primary access or auxiliary access:
(a) fuel in the tanks of motor vehicles temporarily parked in or travelling through the area;
(b) flammable material that is waiting to be transported underground.
(6) Other than a steam boiler that exists on the effective date of these regulations or an internal combustion engine that exists on the effective date of these regulations, a steam boiler or internal combustion engine must not be constructed, maintained or stored at any of the following places in a mine:
(a) within 15 m of a hoist;
(b) within 30 m of the centre of the primary access or an auxiliary access.
(7) The supporting and enclosing structures that cover the prime mover or engine of a hoist, including the headframe, must meet all of the following criteria:
(a) if the hoist is located over a shaft, they must be constructed of non-combustible material;
(b) if the hoist is not located over a shaft, they must have a fire-resistance rating of at least 1 hour.
167 (1) A system used at a mine for heating the air underground at the mine must be designed by an engineer.
(2) The components of a mine air heating system must be constructed, operated, inspected and maintained so as to minimize the risk of fire or explosion and must be in accordance with the manufacturer’s specifications or specifications certified by the engineer who designed the system.
(3) The mine manager must designate a competent person to inspect the mine air heating system and ensure that the person inspects the mine air heating system at the frequency recommended by the manufacturer or by the engineer who designed the system.
(4) A record must be kept of inspections, service, maintenance and tests of a mine air heating system and its components for as long as the mine is in operation.
(5) Flammable material to be burned as fuel in a mine air heating system must be handled so that any leakage will not accumulate on the surface or enter the underground.
(6) Solid fuel must not be used in a mine air heating system.
168 (1) Adequate fire-extinguishing equipment must be kept at all of the following locations:
(a)at a working face in a coal mine;
(b) at the location of an engine or electric motor underground in a coal mine;
(c) at the location of a fixed electrical installation underground;
(d) in or about a shafthead building or portal house;
(e) underground at all of the following locations:
(i) shaft stations,
(ii) slope stations,
(iii) lunchrooms,
(iv) fuelling stations,
(v) service garages,
(vi) diesel fuel transfer stations,
(vii) crusher stations,
(viii) pump stations,
(ix) battery charging stations,
(x) refuge stations,
(xi) tipple and conveyor head rollers,
(xii) conveyor tail rollers;
(xiii) conveyor drives;
(f) on all mobile equipment underground, and the fire-extinguishing equipment must consist of at least 2 class “B” fire extinguishers of a minimum size of 9 kg each if the mobile equipment is used for transporting explosives;
(g) at a loading face where explosives are kept;
(i) at a place underground that is designated as a fire hazard area in accordance with subclause 158(1)(b)(vi);
(j) at an area underground in which flammable material is kept in a storage area, except an area where blocks of wood used to reinforce supports are stored;
(k) in a building or structure on the surface
(i) that is located above or attached to an opening to the underground, or
(ii) in which a fire might endanger the primary access or an auxiliary access to the underground.
(2) The location of fire-extinguishing equipment required underground by subsection (1) must be such that the direction of the ventilating air will not prevent or hamper the effective use of the fire-extinguishing equipment during a fire.
(3) Portable fire-extinguishing equipment must meet or exceed the requirements of NFPA standard NFPA 10: Standard for Portable Fire Extinguishers, 2007 edition.
169 (1) An adequate fire-suppression system must be provided at all of the following places:
(a) at mechanical shops, electrical shops and service garages that are underground and are not constructed of non-combustible material;
(b) at a coal mine, at conveyor drives;
(c) at fuelling stations, diesel fuel transfer systems and battery charging stations that are underground;
(d) on a main fan and any associated drive room, if the main fan is underground;
(e) at a coal mine, on booster fans and any associated drive room;
(f) on equipment that is underground that contains more than 100 L of flammable liquid;
(g) at underground areas in which 500 L or more of flammable liquid is kept in a storage area;
(h) in buildings or structures on the surface
(i) that are located above or attached to an opening to the underground, or
(ii) in which a fire might endanger the primary access or an auxiliary access to the underground;
(i) at underground oil or grease storage areas.
(2) A fire-suppression system at a mine must have a means for manually activating it from several locations inside and at least 1 location outside of all of the following areas underground:
(a) service garages;
(b) fuelling stations;
(c) diesel fuel storage areas;
(d) oil or grease storage areas.
(3) When a fire-suppression system is activated, an alarm must automatically be given at locations at which persons are present on the surface and underground who are able to summon further assistance.
Inspecting and maintaining fire-extinguishing equipment and fire-suppression system
170 (1) The mine manager must ensure that inspection and maintenance of fire-extinguishing equipment and fire-suppression systems are carried out in accordance with the manufacturer’s specifications at least once a month by a designated competent person.
(2) The results of the inspection and maintenance referred to in subsection (1) must be recorded.
(3) At a coal mine, a designated person conducting inspections and maintenance required under subsection (1) must ensure that the mine manager is informed of the results of the inspection and maintenance referred to in subsection (1) and the mine manager must notify the committee or representative, if any, of the results.
Water supply system for extinguishing fires
171 (1) This Section does not apply at a non-coal mine if the material being mined is salt, potash or other similar material.
(2) There must be a water supply system at a mine that supplies water to underground workings if there is a fire.
(3) A water supply system used for fire suppression must be
(a) designed by an engineer in accordance with all relevant NFPA standards; and
(b) installed, maintained and tested in accordance with
(i) the manufacturer’s specifications, or
(ii) if there are no manufacturer’s specifications, an engineer’s specifications.
(4) At a coal mine, the water supply system used for fire suppression must meet all of the following criteria:
(a) the system must have a supply of at least 600 000 L of water at all times;
(b) the system must have an adequate number of hydrants and fire hoses;
(c) the system must be capable of supplying water to all conveyors that are in operation.
(5) At a coal mine, the mine manager must designate a competent person to test the water supply system used for fire suppression for good working order at least once a month, including testing the flow quantity and pressure of water at all hydrants underground.
(6) At a coal mine, the mine manager must be informed of the results of the tests conducted under subsection (5) and the mine manager must notify the committee or representative, if any, of the results.
Liquid flammable materials underground
172 (1) All of the following conditions must be met when liquid flammable materials are being used underground:
(a) except for diesel fuel that is stored and transferred in a diesel fuel transfer system under Section 176, the materials must be transported and stored in portable containers that conform to CSA standard B376-M1980 (R2003), Portable Containers for Gasoline and Other Petroleum Fuels;
(b) the materials must be kept in a storage area underground in quantities no greater than the following:
(i) for a liquid flammable material with a flashpoint below 52 °C, the quantity required for the current day’s work,
(ii) for a liquid flammable material with a flashpoint of 52 °C or above, other than diesel fuel, the quantity required for 30 days’ work,
(iii) for diesel fuel, the quantity required for 7 days’ work.
(2) All of the following actions must be taken when liquid flammable material is spilled underground:
(a) the material must be immediately taken up with sand or equally adequate material and put in a fireproof container;
(b) the material must be removed from the underground at suitable intervals, and completely removed no later than 24 hours after the spill.
(3) Gasoline is prohibited from being used underground.
Design of underground enclosures and shelters
173 (1) Any area underground that is used to provide shelter or to enclose equipment or machinery, including service garages, fuelling stations, fuel storage areas and oil and grease storage areas, must meet all of the following criteria:
(a) it must be designed, constructed, maintained and protected to prevent the inadvertent entry of an uncontrolled vehicle;
(b) it must have an adequate means of entry and exit appropriate for the conditions and purpose of the area;
(c) it must be adequately ventilated to suit the purpose of the area.
(2) Underground diesel fuel storage areas and underground oil and grease storage areas must be separate from underground service garages.
Fire prevention for underground service areas
174 An underground service garage, underground fuelling station, underground diesel fuel storage area and underground oil or grease storage area must meet all of the following criteria:
(a) it must be located so that a fire or explosion inside the area would have a minimal effect on any active workings, shafts, slopes, magazines, refuge stations or electrical installations, or on the ability of persons to exit the mine;
(b) it must have a floor constructed of non-combustible materials;
(c) it must have a floor without service pits;
(d) it must be provided with means for containing spills of liquid flammable materials.
Fire prevention for underground fuelling stations
175 (1) An underground fuelling station must meet all of the following criteria:
(a) it must be separate from a service garage;
(b) it must be totally enclosed and equipped with a self-closing door of non-combustible construction;
(c) it must be constructed of non-combustible materials;
(d) it must incorporate a sill or curb to contain spilled fluids, if the diesel fuel is not stored in a double-walled tank.
(2) Diesel fuel tanks must be filled only at fuelling stations designated by the mine manager and certified as adequate by an engineer.
(3) A mobile fuelling station must conform with NFPA standard NFPA 385: Standard for Tank Vehicles for Flammable and Combustible Liquids, 2000 edition.
176 (1) A diesel fuel transfer system must be designed, constructed and operated so that only a pre-set quantity of diesel fuel can be transferred at one time, and that the pre-set quantity does not fill the receiving tank to more than 90% of its storage capacity.
(2) The flow of diesel fuel in a diesel fuel transfer system must be controlled by 1 of the following methods:
(a) a sensing device that stops the flow of diesel fuel at the sending tank when the amount of fuel in the receiving tank plus the amount of fuel in the pipeline reaches 90% of the receiving tank’s total storage capacity;
(b) monitoring during a transfer by 1 person at the sending tank and 1 person at the receiving tank who have adequate communication between them so that the flow of diesel fuel can be stopped at any time.
(3) If a diesel fuel pipeline is installed in a shaft or slope, a person must not transfer diesel fuel during hoisting operations.
(4) The mine manager must designate a competent person to do all of the following:
(a) regularly inspect and maintain the diesel fuel transfer systems at the mine;
(b) record the results of the inspection and maintenance.
(5) The mine manager must prepare, and an engineer must certify as adequate, a procedure for a diesel fuel transfer system that includes all of the following:
(a) instructions for operating, maintaining, and inspecting the diesel fuel transfer system;
(b) the method of fire fighting to be used if there is a fire in the diesel fuel transfer system.
177 A diesel fuel pipeline serving the underground must meet all of the following criteria:
(a) it must be constructed, operated, inspected and maintained in accordance with
(i) the manufacturer’s specifications, or
(ii) if there are no manufacturer’s specifications, an engineer’s specifications;
(b) it must be constructed to minimize the risk of damage and supported so as to avoid dips and sags;
(c) it must be constructed of wrought iron, steel pipe or material of equivalent strength, durability, corrosion resistance and fire resistance;
(d) it must be certified as adequate by an engineer;
(e) it must have leakproof joints;
(f) it must be pressure tested before initial use to 345 kPa above atmospheric pressure or 1.5 times the maximum working pressure, whichever is greater, and the pipeline must retain the pressure for at least 2 hours after the source of pressure has been removed;
(g) it must not pass through a service garage, switch room, magazine, refuge station or first aid station;
(h) it must be drained empty after each diesel fuel transfer is completed;
(i) it must be clearly identified as a diesel fuel pipeline.
178 (1) A diesel fuel storage tank must meet all of the following criteria:
(a) it must be operated, inspected and maintained in accordance with
(i) the manufacturer’s specifications, or
(ii) if there are no manufacturer’s specifications, an engineer’s specifications;
(b) it must be certified as adequate by an engineer for its location and use;
(c) it must be supported and anchored to prevent excessive stress concentration on a supporting portion of the tank and located to minimize the risk of damage to the tank;
(d) it must have controls clearly identified that will stop the flow of diesel fuel;
(e) it must have vent pipes of sufficient size, located so that vapours are directed away from any place where they could be a hazard to health or safety;
(f) it must have a means of accurately determining the amount of diesel fuel it contains;
(g) if it is not a double-walled tank, it must be surrounded by a sill or curb capable of containing 110% of the tank’s capacity.
(2) A diesel fuel storage tank that is installed or replaced on or after the effective date of these regulations must be a double-walled tank that is designed and constructed in accordance with 1 of the following applicable standards:
(a) ULC standard ULC-S601-00, Standard for Shop Fabricated Steel Aboveground Horizontal Tanks for Flammable and Combustible Liquids, 3rd edition;
(b) ULC standard ULC-S630-00, Standard for Shop Fabricated Steel Aboveground Vertical Tanks For Flammable and Combustible Liquids.
Fire prevention for battery charging stations
179 At a coal mine, a battery charging station underground must be vented directly into the return airway.
Fire prevention for fixed diesel engines
180 A diesel engine that is fixed in place underground must meet all of the following criteria:
(a) it must be supported on a non-combustible base;
(b) it must be provided with a thermal sensor that automatically stops the engine if overheating occurs.
Fire prevention for air compressors
181 An air compressor underground that is driven by a machine or other device must meet all of the following criteria:
(a) it must be designed, constructed, inspected and maintained so as to minimize the risk of fire or explosion that could result from an accumulation of carbonaceous deposits in the air discharge lines;
(b) it must be provided with a shutdown device that prevents the operation of the compressor in any of the following circumstances:
(i) if the temperature of the discharged air, cooling water, cooling air or lubricant exceeds the safe operating range specified by the manufacturer,
(ii) if the flow or pressure of the compressor lubricant is below the safe operating range specified by the manufacturer.
Using propane or other similar fuel underground
182 (1) This Section does not apply to diesel fuel.
(2) Propane or similar flammable material or other fuel that is heavier than air when in a gaseous state is prohibited underground except while being used for burning or cutting.
(3) Containers for propane that are being used underground must conform with CSA standard CAN/CSA-B149.2-05, Propane Storage and Handling Code.
(4) Containers for propane or similar flammable material or other fuel that is heavier than air when in a gaseous state must be no larger than 10 kg each in capacity.
183 (1) All of the following fire doors must be installed underground:
(a) except as provided in subsection (2), doors that enable the prompt closing off of the primary access and any auxiliary access from the workings;
(b) if reasonably practicable, doors that close off mechanical shops, electrical shops and service garages;
(c) doors that close off an area in which more than 500 L of flammable material is kept.
(2) Fire doors are not required to close off the primary access and the auxiliary access if the mine manager prepares a procedure to enable the prompt closing off of the primary access and the auxiliary access from the workings and the procedure provides equivalent protection of health and safety.
(3) Fire doors that are installed underground must meet all of the following criteria:
(a) they must be constructed of non-combustible materials;
(b) they must be adequately maintained and kept clear of all obstructions so that they are readily usable at all times.
(4) The mine manager must designate a competent person to do all of the following:
(a) inspect and maintain the fire doors at the mine at least once a month;
(b) record the results of the inspection and maintenance.
Procedures required for minimizing danger from sulphide dust explosions
184 If the sulphur content of the material being mined exceeds 20% by mass, the mine manager must prepare procedures that are certified as adequate by an engineer for minimizing the danger from a sulphide dust explosion and include all of the following:
(a) provisions for ensuring that all persons are removed to a safe place before blasting, taking into consideration the mine layout and the ventilation circuits;
(b) provisions for ensuring that all active workings within 30 m of a blasting site are, to the degree practicable, kept free of an accumulation of sulphide dust before blasting;
(c) provisions for any reasonable precautions required to reduce the risk of a sulphide dust explosion or lessening the consequences if there is an explosion.
Mine explosion suppression procedure required in coal mine
185 (1) The mine manager at a coal mine must prepare a mine explosion suppression procedure certified as adequate by an engineer for the suppression of explosions of coal dust and flammable gas underground that is suitable for the conditions and mining system of the mine.
(2) A device for suppressing explosions required by the mine explosion suppression procedure in subsection (1) must meet all of the following criteria:
(a) it must be designed in accordance with generally accepted engineering principles;
(b) if the device is installed in a travelway leading to single entry face or development face at a subsea coal mine, it must be designed so that
(i) in each intake and return airway leading to a working face, the device is placed at least 60 m and no farther than 300 m from the working face,
(ii) if it is a stone-dust mine explosion suppression device, it holds at least 100 kg of stone-dust per square metre of area of the travelway that it serves, and
(iii) if it is a water mine explosion suppression device, it holds at least 200 L of water per square metre of area of the travelway it serves;
(c) it is certified as adequate by an engineer;
(d) it is constructed, operated, and maintained as designed.
(3) To calculate the square metres of area in subclauses (2)(b)(ii) and (iii), the entire vertical cross sectional area of travelway from the floor to the roof and between opposite sides at the mine explosion suppression device must be taken into account.
(4) The mine explosion suppression procedure required by subsection (1) must be reviewed at least once every 12 months.
Coal dust minimization procedure required in coal mine
186 (1) The mine manager at a coal mine must prepare and an employer must file with the Director a coal dust minimization procedure that includes all of the following:
(a) instructions for minimizing the generation of coal dust;
(b) instructions for removing coal dust and other flammable materials from the mine to the extent reasonably practicable;
(c) a description of the equipment and method to be used for stone-dusting and the required frequency of stone-dusting;
(d) the location and quantity of stone-dust that must be stored in the mine for an emergency;
(e) instructions for sampling and analyzing dust from underground locations, including travelways, that meet all of the following criteria:
(i) they are suitable to the conditions and mining system of the mine,
(ii) they indicate locations and frequencies of sampling,
(iii) they list equipment, methods, and testing protocols to be used,
(iv) they are certified as adequate by an engineer;
(f) details of how the employer will implement the requirements for using stone-dust in Section 188.
(2) In consultation with committee or representative, if any, the mine manager must review the instructions for sampling and analyzing dust underground at least once a year.
(3) At a coal mine, all of the following must be done when sampling and analyzing coal dust:
(a) representative samples of dust must be taken in accordance with the instructions for sampling required by clause (1)(e) from all areas of the mine at least once a month, including from the floor, roof and sides of each area underground, and analyzed to determine the percentage of coal dust;
(b) a person who takes the samples referred to in clause (a) must make a plan that identifies the location where each sample was taken.
(4) All of the following must be done with the results of the analysis required by clause (3)(a):
(a) the mine manager must receive the results no later than 1 week after the date the sample was taken;
(b) a record of the results, along with the plan required in clause (3)(b), must be kept for the purpose of subclause 11(c)(iii) for at least 2 years after the date that the area of the underground mine where the sample was taken from is no longer active;
(c) the committee or representative, if any, must be notified by the mine manager of the results;
(d) for a subsea coal mine, a report of the analysis must be filed with the Director by an employer no later than the 15th day of the month immediately following the month in which the sample is taken.
Reducing coal dust accumulation in coal mine
187 (1) To the extent reasonably practicable, every area underground at a coal mine must be kept free of accumulations of coal dust.
(2) All of the following must be done to ensure that areas underground at a coal mine are kept free of accumulations of coal dust:
(a) all coal-cutting heads must be equipped with water-spray jets of sufficient number and size to ensure that the areas of the coal face being worked are kept damp so as to minimize the potential for coal dust becoming airborne;
(b) all coal transfer points, including all dumping stations, must be equipped with water-spray jets sufficient to minimize the potential for coal dust becoming airborne;
(c) dry areas underground in which coal dust is produced must be systematically wetted down so as to minimize the potential for coal dust fires;
(d)mined coal must be kept damp during handling underground.
(3) The mine manager must ensure that a designated competent person does all of the following:
(a) regularly inspects and maintains the water-spray jets required by clauses (2)(a) and (b);
(b)records the results of the inspection and maintenance required by clause (a).
188 (1) If reasonably practicable, at a coal mine, each area underground other than an area within 12 m of a working face must be treated with stone-dust so that the dust on the floor, roof and sides of the area contains no more than the following:
(a) 25% coal dust by mass of dust being tested, if the concentration of flammable gas in the air in the area does not exceed 1% by volume in the air being tested;
(b) 20% coal dust by mass of dust being tested, if the concentration of flammable gas in the air in the area exceeds 1% by volume in the air being tested.
(2) To the extent reasonably practicable, an area in a coal mine must be free and clear of coal dust before the area is stone-dusted.
(3) The stone-dust used in a coal mine must meet all the following criteria:
(a) it must contain at least 70% by mass of material that is capable, when dry, of passing through a sieve of 75 µm;
(b) it must contain less than 1% by mass of flammable material as determined by a test of the flammable material content of the stone-dust as a whole;
(c) it must contain less than 1% by mass of free crystalline silica.
(4) At a coal mine, bags of dry stone-dust having a total weight of at least 500 kg must be stored underground at each of the following locations:
(a)within 150 m of a working face in an intake airway;
(b)within 40 m of a working face in a return airway;
(c) every 60 m along a conveyor belt;
(d) a shop;
(e) a flammable material storage area;
(f) a conveyor belt drive area;
(g) a conveyor belt loading area;
(h) a ventilation door or ventilation curtain;
(i) a location where electrical switch gear and transformers are installed;
(j) a crusher station,
(k) a pump station;
(l) a shaft station or slope station;
(m) a tipple;
(n) a service garage;
(o) a fuelling station;
(p) any location where a fire hazard could exist designated in accordance with subclause 158(1)(b)(vi).
189 All areas in a blasting area must be stone-dusted in accordance with Section 188 as close as reasonably practicable to the sites of the charges and before initiating a blast at the working face.
190 (1) Except as provided in subsection (2), all of the following must be done at any location where material is drilled, blasted, loaded or transported:
(a) clean water under pressure must be made available for dust control purposes during drilling;
(b) broken material must be thoroughly wetted at all of the following times:
(i) during drilling,
(ii) after blasting,
(iii) when the material is being loaded or scraped.
(2) Subsection (1) does not apply if the material being mined is salt, potash or other similar material.
Part 6 - Electrical and Mechanical Work
191 In this Part, all of the following definitions apply:
“apprentice” means a person who is entered into an apprenticeship agreement with an employer;
“electrical tradesperson” means a person who holds a certificate of qualification under the Apprenticeship and Trades Qualifications Act as any of the following:
(i) an industrial electrician,
(ii) a construction electrician,
(iii) a coal mine electrician;
“electrical work” means constructing, inspecting, testing, calibrating, maintaining, altering or dismantling an electrical installation that is or will be located underground;
“mechanical tradesperson” means a person who holds a certificate of qualification under the Apprenticeship and Trades Qualifications Act as any of the following:
(i) an electric motor system technician,
(ii) an automotive service technician,
(iii) a heavy duty equipment technician,
(iv) an industrial instrument mechanic,
(v) an industrial mechanic (millwright),
(vi) a coal mine mechanic,
(vii) a truck and transport mechanic,
(viii) a farm equipment mechanic;
“mechanical work” means constructing, inspecting, testing, calibrating, maintaining, altering or dismantling mechanical equipment that is or will be located underground;
“specified colour” means a bright distinguishing colour that appears only on electrical installations and portable electrical equipment that are not intrinsically safe and not flameproof, and is identified on a sign at each entrance to the mine as indicating that the equipment is not intrinsically safe and not flameproof.
Filing specifications for electrical installations at coal mine
192 Before installing, energizing or using any electrical installation underground, an employer at a coal mine must file all of the following information about the electrical installation with the Director:
(a) manufacturer’s specifications;
(b) copies of all relevant certifications, including those certifying the equipment as intrinsically safe or flameproof;
(c) a plan of where the electrical installation will be installed, if it is not portable;
(d) details of ventilation in the area where the installation will be used;
(e) any procedures related to installing, operating, using or maintaining the electrical installation;
(f) details of the electrical infrastructure into which the electrical installation will be connected.
Designation of zones for use of electrical installations underground at coal mine
193 (1) Except as provided in subsection (2), the entire underground of a coal mine is an explosion risk zone.
(2) The mine manager of a coal mine may designate 1 or more areas of the underground other than an area described in subsection (3) as non-explosion risk zones, if the ventilation engineer has prepared a report certifying the proposed designation as adequate.
(3) An area underground of a coal mine must not be designated as a non-explosion risk zone if any of the following apply in the area:
(a) the air supplied to the area meets any of the following criteria:
(i) the air has ventilated a working face,
(ii) the air has a level of flammable gas equal to or greater than 0.5% by volume in the air being tested,
(iii) the air has the potential to reach a level of flammable gas equal to or greater than 0.5% by volume in the air being tested 4 hours after a breakdown in the ventilation system,
(iv) the air is subject to unintentional or unplanned ventilation reversal or re-circulation of the airflow in the ventilation system;
(b) the area is supplied with air by an auxiliary fan;
(c) the area is located at any of the following places:
(i) within 100 m of a working face,
(ii) past the last open crosscut of a working face.
(4) In preparing the report certifying a proposed designation of a zone, the ventilation engineer must do all of the following:
(a) consult with the committee or representative, if any;
(b) verify that the area to be designated is not excluded under subsection (3);
(c) consider the ventilation system as shown by the ventilation plan;
(d) consider the potential flammable gas concentrations 4 hours after a breakdown in the ventilation system;
(e) consider all reports of flammable gas in or near the area to be designated.
(5) A report certifying a proposed designation of a zone must be certified by the ventilation engineer and signed by the mine manager.
(6) The mine manager at a coal mine must mark the zones designated under this Section on the mine plan and must post a current copy of the plan in a conspicuous place at the coal mine.
Standards for electrical installations
194 (1) Except for cap lamps and except as provided in subsection (3), an electrical installation must be designed, constructed, operated, inspected, maintained and dismantled in an adequate manner that complies with this Part and the requirements of both of the following standards:
(a) CSA standard C22.1-06 The Canadian Electrical Code Part 1 (20th Edition), “Safety Standard for Electrical Installations”;
(b) the applicable standards in CSA standard C22.2 The Canadian Electrical Code Part 2;
(c) CSA standard CAN/CSA-M421-00 (R2005), Use of Electricity in Mines.
(2) For the purpose of interpreting the standard referred to in clause (1)(b), all of the following definitions apply:
“approved” means meeting the requirements of subsections 194(1), (3) and (4) and Section 195;
“authorized person” means a competent person designated by a mine manager and “appointed person” has a similar meaning;
“special permission” in clause 5.4.2 of the standard means permission granted by the Director under Section 83 of the Act for a deviation from the prohibition on the use of switchgear with liquids having a lower flashpoint.
(3) Electrical equipment that complies with another standard may be used if an engineer prepares and certifies a report that meets all of the following criteria:
(a) the report establishes that the other standard forms part of a government’s regulatory regime for the safe use of electricity at a mine, or the report is relied upon by officials with legislated responsibility for administering such a regime;
(b) the report includes the opinion of the engineer that the other standard provides for a level of safety that equals or exceeds the level of safety that would be provided by compliance with the comparable standard referred to in clause (1)(a) or (b);
(c) the report compares, on a clause-by-clause basis, the relevant provisions of the applicable CSA standard referred to in subsection (1) with 1 of the following:
(i) the substituted standard, documenting for each clause in the CSA standard the number of any corresponding provision in the substituted standard, and the opinion of the engineer that
(A) the 2 provisions are equivalent,
(B) if the provisions are not equivalent, which is the more stringent provision, and the importance or effect of the difference,
(ii) the features of the specific type of electrical equipment approved under the substituted standard and the context in which it is proposed to be installed, documenting the opinion of the engineer as to
(A) whether the feature meets, exceeds or fails to meet the requirement of every relevant clause in the applicable CSA standard referred to in subsection (1), and
(B) for every clause of the applicable CSA standard referred to in subsection (1) that the equipment fails to meet, the importance or effect of the failure.
(4) The mine manager at a coal mine must sign an engineer’s report prepared under subsection (3).
Electrical installations in explosion risk zone of coal mine
195 At a coal mine, an electrical installation used in a explosion risk zone other than a cap lamp must be certified as flameproof or intrinsically safe by the federal Department of Natural Resources or an agency acceptable to the Director.
Electrical installations in non-explosion risk zone of coal mine
196 (1) Except as provided in subsection (2), an electrical installation used in a non-explosion risk zone in a coal mine, other than a cap lamp or portable equipment covered under Section 197, must be certified as intrinsically safe or flameproof by the federal Department [of] Natural Resources or an agency acceptable to the Director.
(2) An electrical installation that is not certified as intrinsically safe or flameproof as required by subsection (1) must meet all of the following criteria:
(a) it must be certified by an engineer in accordance with Section 198 during the 12 months immediately before the date it is first used;
(b) it must be designed so that all of the following criteria are met:
(i) the entry of coal dust is restricted or, if coal dust entry is reasonably foreseeable, the electrical installation does not produce an internal surface temperature hot enough to ignite coal dust,
(ii) the electrical installation does not produce an external surface temperature over 150 ºC;
(c) it must be fixed in place while energized;
(d) it must be clearly identified by all of the following:
(i) a specified colour,
(ii) a legible and conspicuous sign fixed to the installation that states: “Caution - This equipment is neither intrinsically safe nor flameproof. It is unsafe for use in an explosion risk zone.”;
(e) it must remain underground only for so long as specified in writing by an engineer as reasonably necessary for its intended use;
(f) it must be constructed, operated, inspected, maintained and dismantled in accordance with all of the following:
(i) the manufacturer’s specifications,
(ii) any report in relation to the electrical installation prepared by an engineer under Section 198.
(3) A fixed electrical installation that is not intrinsically safe and not flameproof must not be installed in an area designated as a non-explosion risk zone unless the ventilation engineer examines the report on the designation of a non-explosion risk zone required by subsection 193(2) and does all of the following:
(a) either rejects the report or accepts the report with or without modification;
(b) signs the report indicating their decision under clause (a) and any modification made.
Portable electrical equipment in non-explosion risk zone of coal mine
197 (1) Except as provided in subsection (2), portable electrical equipment, other than a cap lamp, used in a non-explosion risk zone in a coal mine must be certified as intrinsically safe or flameproof by the federal Department of Natural Resources or an agency acceptable to the Director.
(2) Portable electrical equipment that is not certified as intrinsically safe or flameproof as required by subsection (1) must meet all of the following criteria:
(a) it must be certified by an engineer in accordance with Section 198 during the 12 months immediately before the date it is first used;
(b) it must be designed so that no surface of the equipment that may come in contact with coal dust is more than 150 °C;
(c) it must be clearly identified by all of the following:
(i) a specified colour,
(ii) a legible and conspicuous sign fixed to the equipment that states: “Caution - This equipment is neither intrinsically safe nor flameproof. It is unsafe for use in explosion risk zone.”;
(d) it must remain underground only for so long as specified in writing by an engineer as reasonably necessary for its intended use;
(e) it must be operated, inspected and maintained in accordance with all of the following:
(i) the manufacturer’s specifications,
(ii) any report in relation to the electrical installation prepared by an engineer under Section 198;
(f) it must be used only by a designated competent person;
(g) it must be monitored by a designated competent person equipped with a flammable gas monitor that meets all of the following criteria:
(i) it is calibrated,
(ii) it is continuously on,
(iii) it sounds an alarm when 0.5% flammable gas is reached;
(h) it is immediately turned off if the flammable gas monitor required by subclause (g)(iii) sounds an alarm.
(3) Before using portable equipment that is not intrinsically safe and not flameproof in an area designated as a non-explosion risk zone, all of the following must be done:
(a) an engineer must certify that the equipment is suitable and compatible with the conditions in the non-explosion risk zone;
(b) a “tag in/tag out” procedure must be prepared that indicates when the equipment is underground and where it is being used;
(c) the committee or representative, if any, must review the type of equipment that is used;
(d) the chief coal mine electrician or equivalent must inspect the equipment and agree that it is safe to take underground.
(4) At a coal mine, a list of all portable electrical equipment used underground in the last 6 months must be kept on site.
(5) At a coal mine, a battery for portable electrical equipment must not be changed or charged underground.
Certifying electrical installations or equipment in coal mine
198 At a coal mine, when certifying an electrical installation or electrical equipment under clause 196(2)(a) or 197(2)(a), an engineer must prepare a report that meets all of the following criteria:
(a) the report indicates which standard referred to in Section 194 the equipment complies with;
(b) the report verifies that the equipment complies with the requirements of Sections 196 or 197;
(c) the report indicates any requirements that are in addition to or that augment the requirements of Sections 196 or 197 that the engineer considers prudent in the circumstances;
(d) the report takes into account proposed work procedures, supervision, employee training, stone-dusting and fire-extinguishing equipment access, emergency preparedness and any other matter that the engineer, following consultation with the committee or representative, if any, considers advisable to address;
(e) the report indicates any precautionary measures and work procedures that the engineer considers necessary conditions of certification.
Procedure required for electrical installations
199 (1) Before electricity is supplied to or used in an electrical installation underground, procedures and plans conforming to the applicable standard referred to in Section 194 must be prepared by the mine manager and certified as adequate by an engineer for constructing, inspecting, testing, calibrating, maintaining and dismantling the electrical installation.
(2) The procedures and plans required by subsection (1) must be updated as soon as reasonably practicable to reflect any alterations or repairs that change the components of the electrical installation.
Certifying type of electrical installation at coal mine
200 (1) Electricity must not be supplied to a coal mine, or any part of it, until an engineer and a coal mine electrician have certified as adequate each type of electrical installation and the certification has been signed by the mine manager.
(2) Before an electrical installation is energized for the first time, the mine manager must designate a competent person to prepare a report that verifies that the installation meets the requirements of the engineer’s report required by Section 198.
(3) The person designated under subsection (2) must base their report upon a personal examination of the electrical installation.
Certifications required to be kept at mine
201 (1) At a non-coal mine, a copy of both of the following certifications must be kept at the mine site for each electrical installation used in a hazardous location as defined by CSA standard C22.1-06, Canadian Electrical Code Part 1 (20th edition), “Safety Standard for Electrical Installations”:
(a) a certification related to the use of that electrical installation in a hazardous location;
(b) a certification related to the intrinsic safety of the electrical installation or attesting that the electrical installation is flameproof.
(2) At a coal mine, a copy of both of the following certifications must be kept at the mine for each electrical installation in use underground at the mine:
(a) a certification related to the use of the electrical installation;
(b) a certification related to the intrinsic safety of the electrical installation or attesting that the electrical installation is flameproof.
202 (1) At a non-coal mine, only the following persons may carry out electrical work:
(a) a competent person who is an electrical tradesperson;
(b) an apprentice in the electrical trade.
(2) At a coal mine, only the following persons may carry out electrical work:
(a) a coal mine electrician;
(b) an electrical tradesperson or an apprentice in the electrical trade, while being mentored and working under the constant, close personal supervision of a coal mine electrician.
Supervision of electrical work
203 The following persons are responsible for electrical installations and supervising electrical work:
(a) at a non-coal mine, a competent person designated by the mine manager;
(b) at a coal mine, the chief coal mine electrician.
Record and communication of electrical work at coal mine
204 (1) At a coal mine, a person who conducts electrical work must record the work conducted and sign the record.
(2) At a coal mine, if electrical work is conducted by an electrical tradesperson or an apprentice in the electrical trade, a coal mine electrician who supervises the work must sign the record of the electrical work made under subsection (1).
205 (1) At a non-coal mine, only a competent person may carry out mechanical work.
(2) Except as provided in subsection (3), only the following persons may carry out mechanical work at a coal mine:
(a) a coal mine mechanic;
(b) a mechanical tradesperson or an apprentice in a mechanical trade, while being mentored and working under the constant, close personal supervision of a coal mine mechanic.
(3) A designated competent person at a coal mine may perform mechanical work according to a procedure that is certified as adequate by the chief coal mine mechanic and signed by the mine manager.
206 The following persons are responsible for mechanical equipment and supervising mechanical work:
(a) at a non-coal mine, a competent person designated by the mine manager;
(b) at a coal mine, the chief coal mine mechanic.
Record of mechanical inspections at coal mine
207 (1) At a coal mine, a person who conducts mechanical work must record the work conducted.
(2) At a coal mine, if mechanical work is conducted by a mechanical tradesperson or an apprentice in the mechanical trade, a coal mine mechanic who supervises the work must sign the record of the mechanical work made under subsection (1).
Filing specifications for pneumatic- or hydraulic-powered equipment
208 Before installing, energizing or using any pneumatic-powered or hydraulic-powered equipment underground, an employer at a coal mine must file all of the following information respecting the equipment with the Director:
(a) manufacturer’s specifications;
(b) copies of all relevant certifications, including any certifying the equipment as intrinsically safe or flameproof;
(c) a plan of where the equipment will be installed, if it is not portable;
(d) details of ventilation in the area where the equipment will be used;
(e) any procedures related to installing, operating, using and maintaining the equipment;
(f) details of the compressed air or hydraulic fluid infrastructure into which the equipment will be connected.
209 The mine manager at a coal mine must designate a ventilation engineer to oversee the design and operation of the ventilation system in accordance with these regulations and generally accepted engineering principles.
Installation and maintenance of ventilation system
210 (1) A ventilation system must meet all of the following criteria:
(a) it must be constructed, operated, tested, calibrated, inspected and maintained in accordance with the manufacturer’s specifications or specifications certified by an engineer;
(b) it must supply ventilating air to underground areas where persons are working or travelling or might work or travel;
(c) it must be adequate to ensure the health and safety of persons underground.
(2) At a coal mine, each working face must be ventilated by a separate split of adequate intake air.
(3) Air must not be exhausted mechanically from a working face, unless a flow of air is mechanically supplied to the working face that equals or exceeds the flow of the exhausted air.
(4) Intake air to a working face must not exceed 0.5% by volume of flammable gas.
(5) At a coal mine, the following conditions respecting air velocity must be met:
(a) the air velocity of a ventilation system must be sufficient to prevent the layering of flammable gas;
(b) the average air velocity across a cross-section of a travelway must never be less than 20 m/min.
(6) A deficiency in any part of the ventilation system that significantly affects air quality in an area of the mine must be repaired without delay or the area must be evacuated.
Air quality monitoring program
211 (1) The threshold limit values for all of the following set out in the publication “TLVs and BEIs” do not apply to any coal mines:
(a) methane;
(b) butane;
(c) ethane;
(d) propane.
(2) The mine manager must prepare a written air quality monitoring program for the mine to monitor non-diesel contaminants in the air underground.
(3) The air quality monitoring program required by subsection (2) must meet all of the following criteria:
(a) it must be developed by a competent person and certified as adequate by 1 of the following:
(i) an engineer,
(ii) an occupational hygienist registered with the Canadian Registration Board of Occupational Hygienists,
(iii) an industrial hygienist certified by the American Board of Industrial Hygiene;
(b) it must identify sampling procedures using plans and instructions, and detail the instruments to be used for the procedures;
(c) it must identify all of the following:
(i) the non-diesel contaminants to be monitored,
(ii) the frequency for monitoring the contaminants identified under subclause (i).
(4) An air quality monitoring program must ensure sufficient air quality is provided to all active workings underground to ensure that any contaminants are diluted below the occupational exposure limit.
Record of result of air quality monitoring
212 The results of the monitoring performed under the air quality monitoring program required by Section 211 must be recorded.
213 At a coal mine, if reasonably practicable, air must be routed in accordance with all of the following:
(a) return air must be routed from a production area directly to a return airway;
(b) intake air must not come into contact with stagnant water or other places likely to contaminate the air;
(c) abandoned workings must be either sealed or ventilated directly to a return airway.
Separation between primary intake and primary return airways in coal mine
214 (1) Except as provided in subsection (2), at a coal mine, the strata between a primary intake airway and a primary return airway must be at least 30 m thick and sufficiently solid to minimize, to the degree reasonably practicable, the leakage of air between the airways.
(2) Subsection (1) does not apply if structures are installed to minimize the leakage of air between a primary intake airway and a primary return airway for ventilation.
Ventilating air quality and quantity tests
215 (1) Tests must be conducted by a competent person, in accordance with generally accepted engineering principles, to determine the quantity of air and, at a coal mine, flammable gas concentrations in the air at all of the following locations at the times specified:
(a) at least once a month, at all of the following locations:
(i) in all primary intake airways and all primary return airways,
(ii) in all intake airways and return airways of any area ventilated by a split,
(iii) in all intake airways and return airways of any area of a working,
(iv) at a coal mine, within 90 m of the first working face in all intake airways of a split;
(b) at least once a week, at the working face of all active workings;
(c) at any frequency and location specified by the mine manager, ventilation engineer or an officer.
(2) At a coal mine, the tests conducted under subsection (1) must be taken from the following:
(a) for concentrations of non-flammable gas, the general body of air;
(b) for concentrations of flammable gas, within 30 cm of the roof, side, face and floor.
(3) The exhausted air from a machine powered by compressed air must not be considered when calculating the quantity of air to be provided to the underground as required by these regulations.
Recording test results for air quality and quantity
216 (1) The results of air quality and quantity tests conducted under Section 215 must be recorded.
(2) An employer at a subsea coal mine must file a copy of a record made under subsection (1) with the Director once a month.
(3) For the purposes of subclause 11(c)(iii), a record made under subsection (1) must be kept for at least 2 years after the area of the mine referred to in the record is abandoned.
217 (1) A report must be prepared by a competent person of all of the following at intervals of no longer than 1 month:
(a) the condition of the control devices in the ventilation system that are used to move or direct air;
(b) the test results recorded under Section 216.
(2) A report prepared under subsection (1) must be signed by the mine manager or the ventilation engineer.
Prohibiting entry into unventilated area of non-coal mine
218 For a non-coal mine, all entries to an area of a mine that is not ventilated must be barricaded to prevent inadvertent entry, and an adequate number of signs must be posted in conspicuous places warning that entry is prohibited.
Testing air in unventilated area of non-coal mine
219 (1) The air in an unventilated area of a non-coal mine must be tested before a person, other than a person testing the air, enters the area.
(2) The mine manager at a non-coal mine must prepare procedures, including plans and instructions, that provide for the safety of persons entering an unventilated area of the mine to test air and must ensure that a person testing the air is given a copy of the procedures before entering an unventilated area.
(3) The procedures for persons entering an unventilated area of a non-coal mine required by subsection (2) must include all of the following:
(a) the method of communication to be used among persons in the unventilated area of the mine, and between those persons and an attended place outside that area of the mine and a designated person on the surface;
(b) emergency response instructions, including a list of the equipment that must be made available for use in an emergency situation;
(c) a list of any hazards or potential hazards to a person entering the unventilated area of the mine.
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