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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

Citation

Definitions for these regulations

Application of these regulations

Inconsistencies with other regulations

Required adoption of regulations

Compliance with standards incorporated by reference

Duties of parties

 

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

Required revision to document

No false or misleading entries on documents

Content of inspection and examination records

Signature of employee in more than 1 job capacity

Form of documents

Notice period decreased or waived

Record and review of test and calibration

Documents on personal health of employee

Plans

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

Committee at subsea coal mine

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

Report of occurrence

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

Mine plan

Electrical installations plan

Ground control procedure

Ventilation plan

Requirement for document estimating rate of flammable gas

Mechanical equipment installations plan

Plans of sections and meeting stations in coal mine

File plans once a year

Filing fees and refunds

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 in writing

Designation of mine manager and alternate

Duties of mine manager

Designation of underground manager at coal mine

Designation and numbers of supervisors

Designation of mine workers

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

Monitors and meters

Controlled access to and from mine

Recording and identification of all persons underground

Washing and changing facilities (wash house or mine dry)

Communication procedure

Use of radio frequencies

Underground illumination

Cap lamps provided while underground

Cap lamp specifications

Procedure for cap lamps

Self-rescuers

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

Communication system

Primary access and auxiliary access to underground

Signs indicating direction to accesses, stations, hydrants, extinguishers and caches

Design of opening to surface

Minimum dimensions of travelway

Minimum means of access within underground

Means of access within underground at mine

Transporting employees close to work location

Landing platforms

Shaft with ladder and skip

Warning signs at shafts

Passing beyond meeting station of section or into uninspected areas at a coal mine

Securing ground

Scaling

Water and saturated material

Cuttings created by raise bores

Drill hole intersections

Advancing within 100 m of hazards

Dangerous drill hole contact

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

Underground fill

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

Warning system

Training for warning system

Testing warning system

Maintaining and storing mine rescue equipment

Record mine rescue equipment and maintenance

Up-to-date plans readily available to mine rescue team

Back-up mine rescue teams

Communication system for mine rescue teams

Set of mine rescue equipment

High-pressure oxygen booster pump

Minimum requirements for mine rescue workers and equipment

Requirement for mine rescue aid agreement

Mine rescue team

Surface fire-extinguishing equipment

Surface fire-fighting team

Refuge stations required

Construction and location of refuge stations

Air supply in refuge station

Equipment in refuge station

Requirement for refuge station procedures

Uses for refuge stations

Monthly inspection of refuge stations

 

Part 5 - Fire Prevention and Dust Explosion Prevention

Definitions for Part [5]

General fire prevention underground

No smoking or open flame at non-coal mine

No smoking or open flame at coal mine

Random searches at coal mine

Procedure for random searches at coal mine

Hot work at non-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

Mine air heating system

Fire-extinguishing equipment

Fire-suppression systems

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

Diesel fuel transfer system

Diesel fuel pipelines

Diesel fuel oil storage tanks

Fire prevention for battery charging stations

Fire prevention for fixed diesel engines

Fire prevention for air compressors

Using propane or other similar fuel underground

Fire doors

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

Using stone-dust in coal mine

Stone-dusting before blasting

Water for dust control

 

Part 6 - Electrical and Mechanical Work

Definitions for Part[ 6]

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

Electrical work

Supervision of electrical work

Record and communication of electrical work at coal mine

Mechanical work

Supervising mechanical work

Record of mechanical inspections at coal mine

Filing specifications for pneumatic- or hydraulic-powered equipment

 

Part 7 - Ventilation

Ventilation engineer

Installation and maintenance of ventilation system

Air quality monitoring program

Record of result of air quality monitoring

Routing of air at coal mine

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

Report on ventilation system

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

Main fan in coal mine

Booster fans

Controls for fans must be remote from fans

Inspection of fans and associated equipment

Reversing air flow of fans

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

Compressed air at mine

Air movers used in coal mine

 

Part 8 - Monitoring Flammable Gas

Definition for Part

Monitoring air at coal mine

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

Seals in coal mine

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

Definitions for Part[ 9]

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

Remote-controlled equipment

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

Equipment for material cars

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

Safety stations

Procedures for safely operating mobile equipment and mine cars

Operator of mobile equipment

Securing tools, equipment and supplies on mobile equipment

Signalling and communication for remote-controlled rail-bound trains

Disabled mobile equipment

Preventing runaway mine cars

Precautions for runaway mobile equipment

Maintaining rails underground

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

Definitions for Part[ 10]

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

Headframe design

Shaft design

Shaft inspections

Recording shaft examinations and inspections

Shaft obstructions

Hoist station designed to limit audible signals

Hoist certificate

Hoist brakes

Brakes on hoist that transports persons

Clutch on hoist

Drum to hoisting rope ratios for hoist

Prohibited hoists

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

Testing of shaft of sheave

Safety circuits for hoists

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

Shaft rope design

Shaft rope attachments

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

Mechanical hoisting record

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

Chairs for landing cage

When skip may be used to transport persons

Control devices for skip transportation of persons

Safety catches and mechanisms on shaft conveyance

Free fall test of cage

Certification of free fall test

Crossheads for buckets

Service doors for sinking compartment of shaft

Dump doors for buckets

Movement of buckets

Procedure for testing overwind and underwind protective devices on hoist

Ladders during shaft sinking

Hoist operator’s duties

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

Hoisting procedures

Hoist operator available for automatic hoist when persons underground

Designation of competent person for shaft conveyance

Hoist signal procedure

Code of signals

Transporting equipment and supplies

Loading gates for skips

Transporting persons and materials together in shaft conveyance

Shaft conveyance required for vertical depth exceeding 100 m

Prohibition against shaft conveyance being inoperable

Closing off shaft for repair

Design and procedures for work platform in shaft

 

Part 11 - Mine Hoisting Plants for Slopes

Definitions for Part[ 11]

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

Bankhead design

Slope obstructions

Hoist station designed to limited audible signals

Hoist certificate for hoist

Hoist brakes

Clutch on hoist

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

Testing shaft 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

Hoisting rope attachments

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

Hoist operator’s duties

Hoist operator record

Duty to not interfere with hoist or hoist operator

Hoist not to be operated if slope is damaged or obstructed

Hoisting procedures

Hoist operator available for automatic hoist when persons underground

Designation of competent person for mine car

Signal devices

Hoist signal procedure

Code of signals

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

Power-driven raise climbers

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

Definitions for Part[ 13]

Restricted to blasters

Blaster to direct blasting operation

Types of explosives

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

Guarding explosives

Magazines and temporary storage boxes

Construction and marking of temporary storage box

Certifying temporary storage box

Explosives in temporary storage box

Storage of detonators

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

Danger areas

Procedures for blasting more than 1 area from common source

Detonation of single charge

Simultaneous detonation of multiple charges at coal mine

Source for initiating blast

Blasting machine and blasting switch

Blasting meters

Defective blasting machine or blasting switch

Using electric detonators

Testing electric blasting circuit

Blasting cables

Testing for flammable gas at coal mine

No electric detonator where danger from extraneous electricity

Electrical storms

Minimum distances from radio frequency transmitters

After blast

Entering danger area after blast

Entering danger area when misfires and suspected misfires

Procedure for safe handling of misfires

Record of misfire

Flamed charge at coal mine

Report of flamed charge at coal mine

Examining working face for misfires and bootlegs after blast

Secondary blasting

Abandoning blasting area or discontinuing work

Blaster record

 

Part 14 - Job Training Program

Definitions for Part[ 14]

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

Training for mine workers

Annual refresher course for mine workers

Training for mine rescue worker

Training for supervisors

Training for engineers

Training for member of committee or representative

Qualifications of hoist operator

Hoist operator certificate of fitness

Qualifications of blaster

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

Table 1: All Mines

Table 2: Subsea Coal Mines


 


Part 1 - Interpretation and Application


Citation

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.


Duties of parties

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.


Required revision to document

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.


Form of documents

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.


Plans

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.


Committee at subsea coal 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.


Report of occurrence

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.


Mine plan

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.


Electrical installations plan

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.


Ground control procedure

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.


Ventilation plan

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.


File plans once a year

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.


Filing fees and refunds

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.


Designation in writing

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.


Duties of 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.


Designation of mine workers

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.


Monitors and meters

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.


Communication procedure

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.


Use of radio frequencies

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.


Underground illumination

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.


Cap lamp specifications

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.


Procedure for cap lamps

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.


Self-rescuers

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.


Communication system

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.


Design of opening to surface

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.


Landing platforms

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.


Shaft with ladder and skip

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.


Warning signs at shafts

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.


Securing ground

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.


Scaling

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.


Water and saturated material

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.


Drill hole intersections

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.


Dangerous drill hole contact

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.


Underground fill

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).


Warning system

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.


Training for warning system

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.


Testing warning system

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.


Back-up mine rescue teams

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.


Set of mine rescue equipment

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.


Mine rescue team

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.


Surface fire-fighting team

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.


Refuge stations required

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.


Air supply in 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.


Equipment in refuge station

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.


Uses for refuge stations

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


Definitions for Part [5]

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).


Random searches at coal mine

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.


Hot work at non-coal mine

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.


Mine air heating system

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.


Fire-extinguishing equipment

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.


Fire-suppression systems

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.


Diesel fuel transfer system

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.


Diesel fuel pipelines

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.


Diesel fuel oil storage tanks

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.


Fire doors

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).


Using stone-dust in coal mine

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).


Stone-dusting before blasting

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.


Water for dust control

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


Definitions for Part[ 6]

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.


Electrical work

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).


Mechanical work

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.


Supervising mechanical work

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.



Part 7 - Ventilation


Ventilation engineer

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.


Routing of air at coal mine

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.


Report on ventilation system

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.


Ventilation doors, ventilation curtains and stoppings

220 (1)    Subject to subsection (2), adequate ventilation doors, ventilation curtains or stoppings must be provided, constructed, inspected, tested and maintained between the intake airways and return airways in every travelway, except at the last open crosscut, that is a connection between any of the following:

 

                (a)    a primary intake airway and a primary return airway;

 

                (b)    an airway that is an intake airway and a return airway for active workings.

 

       (2)    In a coal mine, permanent stoppings must be provided, constructed, inspected, tested and maintained between the intake airways and return airways in the 3rd crosscut out by a working face, if the 3rd crosscut is a connection between any of the following:

 

                (a)    a primary intake airway and a primary return airway;

 

                (b)    an airway that is an intake airway and a return airway for active workings.

 

       (3)    A ventilation door or ventilation curtain must be capable of being easily passed through by a mine worker.

 

       (4)    A ventilation door or ventilation curtain must be closed except for the time required for a person to pass through the doors or curtains.

 

       (5)    Except when necessary for the passage of a vehicle or train and only for the duration necessary for the passage of the vehicle or train, a person must not fix open a ventilation door or ventilation curtain without the authorization of the person responsible for the ventilation system.

 

       (6)    If a ventilation door or ventilation curtain is required under these regulations at a coal mine, at least 2 ventilation doors or ventilation curtains must be installed that function as an airlock to prevent ventilating air from short circuiting when any 1 door or curtain is open.

 

       (7)    If there is more than 1 ventilation door or ventilation curtain installed at different points along a single travelway, the doors or curtains must be at an adequate distance from one another so that whenever 1 door or curtain is open at least 1 door or curtain can be closed.


Air flow to active working where diesel engine operating

221 At a non-coal mine, the air flow to an active working where a diesel engine is operating must reduce the concentration of airborne respirable combustible dust to an average concentration of less than 1.5 mg/m3 of air averaged over 8 hours.


Testing air quality where diesel engine operating

222 (1)    A competent person must test all of the following when a diesel engine is operating underground:

 

                (a)    at least once a week, the carbon monoxide concentration, nitric oxide concentration and nitrogen dioxide concentration in the air at all of the following locations:

 

                         (i)      adjacent to and downwind of the exhaust of the engine,

 

                         (ii)     in the diesel engine operator’s breathing zone;

 

                (b)    at least once a month, the carbon dioxide concentration in the air adjacent to and downwind of the exhaust of the engine;

 

                (c)    at least once a month, the formaldehyde concentration and the sulphur dioxide concentration in the air in all of the following locations:

 

                         (i)      adjacent to and downwind of the exhaust of the engine,

 

                         (ii)     in the diesel engine operator’s breathing zone;

 

                (d)    for a minimum of 4 hours at least every 6 months in a non-coal mine, the airborne respirable combustible dust concentration in the air in the diesel engine operator’s breathing zone.

 

       (2)    Any of the following persons may request that their supervisor ensure that tests are conducted for carbon monoxide concentration, nitrogen dioxide concentration and nitric oxide concentration in the air adjacent to or downwind of the exhaust of a diesel engine operating underground:

 

                (a)    an operator of a diesel engine;

 

                (b)    a person working in the immediate area of a diesel engine;

 

                (c)    a member of the committee or representative, if any.

 

       (3)    On receiving a request for a test under subsection (2), a supervisor must ensure that a competent person conducts the test as soon as reasonably practicable.

 

       (4)    A competent person performing a test under this Section must record all of the following information for each diesel engine tested:

 

                (a)    date;

 

                (b)    location of area of mine where test performed;

 

                (c)    an indication of whether the test was taken adjacent to and downwind of the exhaust of the engine or in the operator’s breathing zone;

 

                (d)    machine type, number and engine serial number;

 

                (e)    flow of air passing by the engine;

 

                (f)    the concentrations of the gases or dust tested for.


Adequate supply of uncontaminated air for hoist operator

223 A hoist operator in an underground or tower-mounted hoist station must be provided with at least a 12-hour supply of uncontaminated air by 1 of the following methods:

 

                (a)    an enclosed booth with uncontaminated air continuously blown into the booth;

 

                (b)    access in the hoist station to 1 or more self-contained breathing apparatuses.


Adjusting, altering or interfering with regulators

224 A person must not adjust, alter or interfere with a regulator or any other device designed to affect air flow or air quality unless they

 

                (a)    have authorization in writing from the following:

 

                         (i)      at a non-coal mine, the mine manager or a person designated by the mine manager,

 

                         (ii)     at a coal mine, the ventilation engineer; and

 

                (b)    notify the supervisor for the area affected by the adjustment, alteration or interference.


Design of fans and associated equipment

225 (1)    Fans used to ventilate a mine and fan housings must be made of non-combustible materials.

 

       (2)    Fans used to ventilate a mine and associated equipment must be designed so that routine inspection can be carried out without stopping the fan or interfering with the air supplied by the fan.

 

       (3)    If reasonably practicable, a main fan, booster fan or auxiliary fan must be prevented from recirculating ventilating air.

 

       (4)    The pipes, ducting, brattice, curtains and stoppings used for directing ventilating air must be made of materials that do not support progressive combustion upon removal of the source of heat.


Main fan in coal mine

226 (1)    At a coal mine, a main fan must meet all of the following criteria:

 

                (a)    it must be located on the surface;

 

                (b)    except as provided in subsection (2), it must be offset at least 5 m from the nearest side of any opening to the underground;

 

                (c)    it must be provided with a pressure-release door or other device that is designed to be opened by the force of an explosion and that is in a direct line with any possible forces of an explosion;

 

(d)it must be powered by a dedicated power circuit.

 

       (2)    At a coal mine, a main fan may be located directly in front of, or over, an opening to the underground if all of the following apply:

 

                (a)    the opening is not in a direct line with possible air blasts from the underground resulting from an explosion;

 

                (b)    there is another opening to the underground that meets all of the following criteria:

 

                         (i)      it is in a direct line with possible air blasts from the underground resulting from an explosion,

 

                         (ii)     it is provided with a pressure-release door or other device that is designed to be opened by the force of an explosion and that is in a direct line with any possible forces of an explosion,

 

                         (iii)    it is at least 5 m but not more than 30 m from the opening where the main fan is to be located.

 

       (3)    At a coal mine, the air flow from a main fan must be reversible.

 

       (4)    At a coal mine, there must be a standby power supply available at the mine for the main fan.


Booster fans

227 (1)    A booster fan must not be installed until a competent person prepares a report signed by the mine manager.

 

       (2)    At a coal mine, the ventilation engineer must determine all of the following for the report under subsection (1) and sign the report:

 

                (a)    the necessity for the booster fan;

 

                (b)    the expected performance range of the booster fan while in operation;

 

                (c)    an adequate location for the booster fan;

 

                (d)    the booster fan’s effect on the rest of the ventilation network.

 

       (3)    A booster fan must be located so that if it stops, the free passage of air to or from a main fan is restricted as little as reasonably practicable.

 

       (4)    At a subsea coal mine, the mine manager must ensure a maintenance plan is prepared for operating the booster fan.


Controls for fans must be remote from fans

228 The controls of a main fan or booster fan must be placed at protected locations that are remote from the locations of the respective fans.


Inspection of fans and associated equipment

229 (1)    A main fan, booster fan and associated equipment in service must be inspected by a competent person at least once a week.

 

       (2)    At a coal mine, a competent person must inspect all of the following that are in service and are continuously monitored for overheating of bearings or fan failure at least every 8 hours for overheating of bearings and fan failure:

 

                (a)    a main fan that has a capacity of more than 50 hp and associated equipment;

 

                (b)    a booster fan that has a capacity of more than 50 hp and associated equipment.

 

       (3)    A competent person who inspects a fan and equipment under this Section must prepare a written report of the inspection.


Reversing air flow of fans

230 The mine manager may give permission, in writing, to reverse the air flow of a main fan, booster fan or auxiliary fan, but the mine manager must ensure the flow is not reversed if there is a person underground

 

                (a)    whose location is unknown; or

 

                (b)    who is located in a place where the health or safety of the person would be compromised if the air flow of the respective fan were reversed.


Responding to fan failure at non-coal mine

231 (1)    In this Section, “air contaminant” means gas, vapour, mist, fume, smoke, dust or other airborne substances hazardous to the health or safety of a person.

 

       (2)    If a fan fails at a non-coal mine and whether the air quality in the area serviced by the fan remains adequate is not determined, all of the following must be done:

 

                (a)    all persons in the area affected by the failure, except those working to repair the fan, must withdraw to a safe place;

 

                (b)    except as provided in subsection (4), diesel-powered equipment and any other equipment in the area affected by the failure and processes that produce air contaminants must be shut down or immediately removed from the area, and must remain shut down or removed from the area until adequate ventilation is restored;

 

                (c)    a competent person must conduct a test of the air quality in the area serviced by a fan and of the air quantity in the general body of air after the fan is repaired and restarted.

 

       (3)    At a non-coal mine, only persons who are working to repair a failed fan may enter an area affected by the failed fan until a competent person has determined that air quality is adequate.

 

       (4)    If a fan fails at a non-coal mine, diesel-powered equipment may be used to transport persons directly and immediately to a safe place under the direction of a supervisor responsible for the area.


Responding to fan failure at coal mine

232 (1)    If a fan fails at a coal mine, all of the following must be done:

 

                (a)    all persons in the area affected by the failure, except those working to repair the fan, must withdraw to a safe place;

 

                (b)    each electrical installation in the area affected by the failure must be de-energized and remain de-energized until the ventilation is restored;

 

                (c)    except as provided in subsection (5), diesel-powered equipment and other equipment that could be a source of ignition in the area affected by the failure must be shut down and remain shut down until the ventilation is restored.

 

       (2)    At a coal mine, if a main fan or booster fan that fails remains stopped for more than 30 minutes, the mine manager must include all of the following in the record required by subsection 32(2):

 

                (a)    the location of the fan as referenced in the ventilation plan;

 

                (b)    the reason for the failure;

 

                (c)    the time the fan stopped;

 

                (d)    the duration of the failure;

 

                (e)    any remedial action taken.

 

       (3)    Once a fan in a coal mine is repaired, adequate ventilation must be restored and a mine examiner, underground manager or supervisor must test for flammable gas in the area that was affected by the failed fan and in other areas where flammable gas is likely to accumulate and determine that the areas are safe for re-entry.

 

       (4)    Except as provided in subsection (5), only persons who are working to repair a failed fan may enter an area affected by the failed fan until a mine engineer, underground manager or supervisor has determined that the area is safe for re-entry in accordance with subsection (3).

 

       (5)    If a fan fails at a coal mine, diesel-powered equipment and other equipment that could be a source of ignition may be used to transport persons directly and immediately to a safe place under the direction of a supervisor responsible for the area if the flammable gas concentration in the area affected by the failed fan does not exceed 1.25% by volume in the air being tested.


Procedures for auxiliary ventilation in coal mine

233 (1)    The mine manager at a coal mine must ensure that a competent person prepares procedures, certified by the ventilation engineer, for all of the following:

 

                (a)    installing, using and maintaining an auxiliary ventilation system;

 

                (b)    removing flammable gas from active workings.

 

       (2)    A copy of the procedures required by subsection (1) must be posted in a conspicuous place on the surface.


Auxiliary ventilation at coal mine

234 (1)    At a coal mine, auxiliary ventilation must be provided to all of the following:

 

                (a)    an active working that advances more than 5 m from any airway;

 

                (b)    a raise that advances more than 5 m from an intake airway, and the auxiliary ventilation controls must be located outside of the raise.

 

       (2)    If an auxiliary fan stops at a coal mine, a person must not restart the auxiliary fan until a mine examiner, underground manager or supervisor does all of the following:

 

                (a)    inspects the area of the auxiliary fan and the area that is serviced by the auxiliary fan and tests for flammable gas in both areas;

 

                (b)    informs the person that it is safe to restart the auxiliary fan;

 

                (c)    implements the procedures for the removal of flammable gas required by clause 233(1)(b).

 

Auxiliary ventilation at non-coal mine

235 At a non-coal mine, auxiliary ventilation must be provided to all of the following:

 

                (a)    an active working that advances more than 30 m, or such other distance from an intake airway that provides ventilation as is certified as adequate by an engineer;

 

                (b)    a raise that advances more than 10 m from an intake airway, and the auxiliary ventilation controls must be located outside of the raise.

 

Compressed air at mine

236 If it is not reasonably practicable to use an auxiliary fan in a non-coal mine, adequate compressed air may be provided in a pipeline for auxiliary ventilation.

 

Air movers used in coal mine

237 (1)    At a coal mine, if air movers are used, all of the following conditions must be met:

 

                (a)    the air within an air mover must not be computed as part of the total required for adequate ventilation;

 

                (b)    a coal mine electrician must ensure that an air mover is adequately grounded before it is used.

 

       (2)    At a coal mine, compressed air must not be used for ventilation purposes other than as part of an air mover.

 

 

Part 8 - Monitoring Flammable Gas

 

Definition for Part

238 In this Part, “remote monitoring” means monitoring by means of a signal from a device that is sent to and monitored by an appropriate computer located remotely from the device.

 

Monitoring air at coal mine

239 (1)    At a coal mine, all of the following must be continuously monitored and recorded:

 

                (a)    the barometric pressure on the surface at the mine;

 

                (b)    the air velocity and flammable gas and carbon monoxide concentrations in air at the surface end of a primary return airway;

 

                (c)    differential pressure between the surface end of the primary intake airways and the surface end of the primary return airways.

 

       (2)    The information referred to in subsection (1) must be monitored by and recorded on a device that allows the current information to be instantly accessed by the mine manager or designated competent person at all times when persons are underground

.

       (3)    The device required by subsection (2) must be interconnected with warning devices that alert the person required for communications under subsection 94(2).

       (4)    A warning device required by subsection (3) must give adequate warning when any of the following happens:

 

                (a)    the barometric pressure falls by more than 2 kPa in 30 minutes;

 

                (b)    flammable gas at locations noted in clause (1)(b) reaches or exceeds 0.8% by volume in the air being tested and, using a different warning, again at 1.0% by volume in the air being tested;

 

                (c)    power to a sensor is interrupted.

 

       (5)    At a coal mine, the main fan and each booster fan must be equipped with a remote monitoring device that continuously records the operational effectiveness of the fan, including all of the following:

 

                (a)    differential pressure;

 

                (b)    amperage;

 

                (c)    air flow;

 

                (d)    voltage;

 

                (e)    vibration;

 

                (f)    bearing temperature;

 

                (g)    revolutions per minute.

 

       (6)    At a coal mine, each main fan and each booster fan must be equipped with an audible alarm that sounds automatically if any of the following happens:

 

                (a)    the fan stops;

 

                (b)    the air flow through the fan decreases by more than 20% from its expected value.

 

       (7)    For the purposes of subclause 11(c)(iii), the information recorded under subsections (2) and (5) must be kept for 5 years.

 

Barometer and thermometer required at coal mine

240 At a coal mine, a barometer and thermometer must be placed in a conspicuous place on the surface, and all of the following information must be posted at the beginning of each shift in a conspicuous place near the entrance to the underground:

 

                (a)    the outside temperature on the surface;

 

                (b)    the outside barometric pressure on the surface;

 

                (c)    the trend in barometric pressure in the last 24 hours.

 

Flammable-gas monitors on equipment in coal mine

241 (1)    A flammable-gas monitor at a coal mine must be near or on all of the following installations or equipment:

 

                (a)    coal-cutting or stone-cutting machines;

 

                (b)    electrical machinery for installing rockbolts, other than hand-held bolters;

 

                (c)    mobile equipment;

 

                (d)    if reasonably practicable, other underground electrical installations and electrically-powered equipment that is not intrinsically safe or not flameproof, other than hand-held bolters;

 

                (e)    underground diesel-powered equipment.

 

       (2)    A person must not operate or use the installations or equipment referred to in subsection (1) if the flammable-gas monitor for the equipment is

 

                (a)    inoperative;

 

                (b)    out of calibration; or

 

                (c)    not operated, inspected, tested, calibrated or maintained in accordance with the manufacturer’s specifications.

 

       (3)    A flammable-gas monitor required by subsection (1) must do all of the following when power to 1 of its sensors is interrupted:

 

                (a)    except as provided in subsection (4), the monitor must automatically de-energize the equipment or electrical installation;

 

                (b)    if it is not reasonably practicable to de-energize the equipment, the monitor must give an adequate audible alarm.

 

       (4)    When power to a sensor on a flammable-gas monitor interlocked with a fan is interrupted all of the following must occur:

 

                (a)    an audible alarm must sound;

 

                (b)    a visual alarm must be given;

 

                (c)    the fan must not automatically de-energize.

 

(5)  The sensors of a flammable-gas monitor must be positioned at locations that provide for the most effective measurements of flammable gas.

 

(6)  A flammable-gas monitor required by subsection (1) must do all of the following in response to flammable gas levels:

 

                (a)    the monitor must give an adequate visual alarm when the concentration of flammable gas reaches or exceeds the following levels:

 

                         (i)      in an explosion risk zone, 0.5% by volume in the air being tested and, using a different visual alarm, again when flammable gas reaches or exceeds 1% by volume in the air being tested,

 

                         (ii)     in a non-explosion risk zone, 0.25% by volume in the air being tested and, using a different visual alarm, again when flammable gas reaches or exceeds 0.4% by volume in the air being tested;

 

                (b)    except as provided in clause (c), the monitor must automatically de-energize the monitored equipment when the concentration of flammable gas reaches or exceeds the following levels:

 

                         (i)      in an explosion risk zone, 1.25% by volume in the air being tested,

 

                         (ii)     in a non-explosion risk zone, 0.5% by volume in the air being tested.

 

                (c)    for battery-powered, non-fixed equipment, if de-energization is not reasonably practicable, the monitor must give an adequate audible alarm when the concentration of flammable gas reaches or exceeds the following levels:

 

                         (i)      in an explosion risk zone, 1.25% by volume in the air being tested, or

 

                         (ii)     in a non-explosion risk zone, 0.5% by volume in the air being tested.

 

       (7)    The alarms of flammable-gas monitors must be located to provide for the most effective warnings.

 

       (8)    When an operator of equipment listed in subsection (1) sees or hears an audible alarm from a flammable-gas monitor, the operator must immediately de-energize the equipment if doing so would not create an increased risk to health and safety.

 

Flammable-gas monitoring where electrical installation operating in return airway in coal mine

242 (1)    At a coal mine, a flammable-gas monitor must be installed to continuously monitor the air where an electrical installation, other than intrinsically safe or flameproof equipment and cap lamps, is being operated in a return airway.

 

       (2)    A flammable-gas monitor required by subsection (1) must automatically de-energize the electrical installation in the return airway when the concentration of flammable gas reaches or exceeds 1.25% by volume in the air being tested.

 

Flammable-gas monitoring at longwall airways in coal mine

243 (1)    At a coal mine, a flammable-gas monitor must be installed to continuously monitor the air in all of the following longwall airways:

 

                (a)    each airway at the intake and return ends of a longwall working face or panel;

 

                (b)    each return airway from a longwall panel.

 

       (2)    At a coal mine, a flammable-gas monitor required by subsection (1) must automatically de-energize all electrical installations in a return airway, other than cap lamps and flammable-gas monitors, when any of the following happens:

 

                (a)    the concentration of flammable gas reaches or exceeds 1.25% by volume in the air being tested;

 

                (b)    power to a sensor is interrupted.

 

       (3)    At a coal mine, a flammable-gas monitor required by subsection (1) must be capable of recalling and displaying the concentrations recorded during the following times:

 

                (a)    if it displays the concentration of flammable gas at a location on the surface by remote monitoring, at least the previous 24 hours;

 

                (b)    if it displays the concentration of flammable gas at a location underground, at least the previous 2 hours.

 

Flammable gas monitoring for electrical installation at longwall working face in coal mine

244 (1)    At a coal mine, a flammable-gas monitor must be installed to continuously monitor the air on the intake air side of an electrical installation that provides power to equipment on a longwall working face.

 

       (2)    A flammable-gas monitor required by subsection (1) must automatically de-energize an electrical installation when the concentration of flammable gas reaches or exceeds 0.5% by volume in the air being tested.

 

Flammable-gas monitoring in area serviced by auxiliary fan in coal mine

245 A flammable-gas monitor for equipment that is not intrinsically safe and not flameproof must automatically de-energize any electrical equipment being used at a working face serviced by an auxiliary fan when the concentration of flammable gas being drawn into the fan reaches or exceeds 0.5% by volume in the air being tested.

 

Flammable-gas monitoring for non-explosion risk zone in coal mine

246 (1)    At a coal mine, a flammable-gas monitor must be installed to continuously monitor the air on the intake air side of a non-explosion risk zone, unless the intake air side is the surface mine opening.

 

       (2)    A flammable-gas monitor required by subsection (1) must meet all of the following criteria:

 

                (a)    the monitor must provide a visible and audible warning when the flammable gas concentration in the air supply of the non-explosion risk zone reaches or exceeds 0.25% by volume in the air being tested;

 

                (b)    the monitor must automatically de-energize all non-battery-powered electrical installations in the non-explosion risk zone that are not intrinsically safe or not flameproof when any of the following happens:

 

                         (i)      the flammable gas concentration in the air supply of the non-explosion risk zone reaches or exceeds 0.5% by volume in the air being tested,

 

                         (ii)     power to a sensor is interrupted.

 

Flammable-gas monitoring at all areas of mine

247 Flammable-gas monitors located in an area that is not covered by Sections 242 to 246 must automatically de-energize any electrical installation with which they are interlocked that is being used at a working face serviced by an auxiliary fan when the concentration of flammable gas reaches or exceeds 0.5% by volume in the air being tested.

 

When flammable gas reaches or exceeds 0.5% in coal mine where source of ignition present

248 At a coal mine, if the concentration of flammable gas reaches or exceeds 0.5% by volume in the air being tested at the primary intake airway where an electrical installation or a diesel engine has been operated or a source of ignition is present, a competent person must do all of the following immediately before the next time an installation or engine is started in the area:

 

                (a)    test for flammable gas with a flammable-gas monitor adjacent to the installation or engine;

 

                (b)    adjust the ventilation until the flammable gas is below 0.5% by volume in the air being tested.

 

When flammable gas reaches or exceeds 1.25% in coal mine

249 (1)    If the concentration of flammable gas in an area of a coal mine reaches or exceeds 1.25% by volume in the air being tested, all of the following must be done immediately:

 

                (a)    all electrical installations, other than cap lamps and flammable-gas monitors, in the area affected by the gas concentration must be de-energized;

 

                (b)    diesel-powered equipment in the area affected by the gas concentration must be shut off or removed from the area.

 

       (2)    Diesel-powered equipment that is shut off or removed as required by subsection (1) must remain off and must not be brought back into the area and the electrical installation must remain de-energized until a competent person does all of the following:

 

                (a)    tests for flammable gas in the general body of air adjacent to the diesel-powered equipment or the electrical installation, and the test shows the flammable gas concentration is below 1% by volume in the air being tested;

 

                (b)    determines that it is safe to re-energize the electrical installation and turn on or bring back into the area the diesel-powered equipment.

 

       (3)    At a coal mine, a written report of an occurrence of a flammable gas concentration reaching or exceeding 1.25% by volume in the air being tested must be made by the first-line supervisor for the area where the gas concentration occurred.

 

When flammable gas reaches or exceeds 2.0% in coal mine

250 (1)    If the concentration of flammable gas in an area underground in a coal mine reaches or exceeds 2.0% by volume in the air being tested, all of the following must be done:

 

                (a)    all persons in the area must immediately withdraw to a safe place;

 

                (b)    the underground manager must be informed without delay;

 

                (c)    insofar as it is possible to do so without undue risk, a competent person must do all of the following:

 

                         (i)      examine the condition of the affected area,

 

                         (ii)     determine the measures necessary to render it safe,

 

                         (iii)    make a record of the examination;

 

                (d)    a competent person must record information about the flammable gas concentration, including all of the following, and provide the information to the underground manager and the first-line supervisor who is responsible for the affected section:

 

                         (i)      the location of measurements,

 

                         (ii)     the time of measurements,

 

                         (iii)    the environmental or operating conditions that affected, or could have affected, the measurements at the time of measurements.

 

       (2)    Except for the purpose of saving life or rendering the area safe, a person must not enter an area evacuated under clause (1)(a) until all of the following conditions are met:

 

                (a)    the concentration of flammable gas is less than 2.0% by volume in the air being tested;

 

                (b)    the underground manager decides it is safe for entry.

 

       (3)    The mine manager must provide the committee or representative, if any, with a copy of the records required by clauses (1)(c) and (d).

 

Highest reading in flammable gas tests used as reading

251 Whenever a test for flammable gas is required under these regulations in the general body of air, the person making the test must test all areas of a total cross-section of the general body of air and the highest reading obtained instantaneously at any location, including the roof, must be used as the reading.

 

Gas measuring devices supplied to testers at coal mine

252 At a coal mine, a person who is required to test for flammable gas under these regulations must be provided with a hand-held meter that can do all of the following:

 

                (a)    test the concentration of flammable gas

 

                         (i)      in the range of 0% to 5% by volume in the air being tested, and

 

                         (ii)     in layers, cracks, crevices and other locations that are normally beyond arm’s reach;

 

                (b)    test the concentration of carbon monoxide in the air in the range of 0 ppm to 50 ppm;

 

                (c)    test the concentration of oxygen in the air.

 

Testing and calibrating flammable gas monitors and portable meters at coal mine

253 (1)    At a coal mine, a facility must exist on the surface to test and calibrate all of the following according to the manufacturers’ specifications:

 

                (a)    portable flammable-gas monitors;

 

                (b)    hand-held flammable-gas meters;

 

                (c)    hand-held carbon monoxide meters;

 

                (d)    hand-held oxygen meters;

 

       (2)    At a coal mine, suitable portable calibration equipment must be available to test and calibrate, according to the manufacturers’ specifications, all of the following that are fixed at a location underground:

 

                (a)    flammable-gas monitors;

 

                (b)    carbon monoxide monitors;

 

                (c)    oxygen monitors.

 

Calibrating monitors and meters

254 (1)    A written schedule of calibration must be established for any monitors and meters required by these regulations that require calibrations at equal or greater frequencies than the frequencies indicated in the manufacturer’s specifications.

 

       (2)    The schedule for calibration of monitors and meters must be posted in close proximity to the places where the hand-held meters are stored and the non-portable monitors and meters are located.

 

       (3)    At a coal mine, flammable-gas meters must be calibrated at least once a week.

 

       (4)    After a portable monitor or meter is calibrated, a calibration sticker with all of the following on it must be attached to the portable monitor or meter:

 

                (a)    the date when the next calibration of the monitor or meter is due;

 

                (b)    the signature or initials of the person who conducted the calibration.

 

Only 1 coal cutting machine in ventilation split

255 At a coal mine, if 2 or more sets of mining equipment are simultaneously engaged in cutting coal or loading coal from working faces within the same working section, each set of mining equipment must be on a separate ventilation split of intake air.

 

Seals in coal mine

256 (1)    Abandoned workings in a coal mine must be sealed with permanent seals that meet all of the following criteria:

 

                (a)    they are designed by an engineer to minimize the transfer of gas and control water over the area of the seal;

 

                (b)    they are certified by an engineer as adequately constructed to achieve their design intent.

 

       (2)    The space in front of all seals in a coal mine must be kept free of obstructions.

 

       (3)    The mine manager must prepare procedures that are certified as adequate by an engineer for monitoring all of the following at a coal mine:

 

                (a)    the atmosphere behind a seal, for flammable and noxious gases;

 

                (b)    water pressure behind a seal.

 

Methane drainage system required at coal mine

257 (1)    At a coal mine, if it is reasonably practicable, a methane drainage system must be installed that meets all of the following criteria:

 

                (a)    it is designed in accordance with generally accepted engineering principles;

 

                (b)    it is certified as adequate by an engineer;

 

                (c)    it is constructed, operated, calibrated and maintained as designed;

 

                (d)    it is suitable to the conditions and system of the mine for removal of flammable gas.

 

       (2)    Access to an area containing a methane drainage pipe must be prevented by doing all of the following:

 

                (a)    installing and maintaining a fence that extends from the floor to the roof at a distance of at least 3 m from any part of the discharge opening of a methane drainage system discharge pipe;

 

                (b)    posting and maintaining adequate warning signs at conspicuous places on the fence required by clause (a).

 

       (3)    The mine manager must prepare a procedure that is certified as adequate by an engineer for methane drainage to be carried out before, during and after mining.

 

Methane drainage system discharging flammable gas reaching or exceeding 2.0% in coal mine

258 If flammable gas is discharged from a methane drainage system at a coal mine and the concentration of flammable gas in the area reaches or exceeds 2.0% by volume in the air being tested, access to the area must be prevented by doing all of the following:

 

                (a)    installing and maintaining a fence that extends from the floor to the roof;

 

                (b)    posting and maintaining adequate warning signs at conspicuous places on the fence required by clause (a).

 

Testing for flammable gas and oxygen in coal mine

259 (1)    At a coal mine, a meter with attachments or equipment capable of testing flammable gas and oxygen at the roof and roof cavities must be available at every active working face.

 

       (2)    The mine manager must designate competent persons who are capable of performing the testing referred to in subsection (1) at each active working face to do all of the following:

 

                (a)    have custody and control of the meter referred to in subsection (1);

 

                (b)    interpret the results of the testing.

 

When flammable gas reaches or exceeds 0.25% in non-coal mine

260 (1)    In a non-coal mine, if the concentration of flammable gas measured in the general body of air in an active working reaches or exceeds 0.25% by volume in the air being tested, all of the following must be done:

 

                (a)    all activity in the area must cease and all persons in the area must withdraw to a safe place, other than activity that is related to, and persons who are working to, lower the concentration of flammable gas;

 

                (b)    all sources of ignition in the area, other than cap lamps and flammable-gas monitors, must be immediately de-energized or extinguished, including all of the following:

 

                         (i)      electrical installations that are not intrinsically safe or not flameproof,

 

                         (ii)     mechanical equipment,

 

                         (iii)    torch cutting equipment,

 

                         (iv)    a spark or open flame,

 

                         (v)     cigarettes, tobacco or any other materials for smoking.

 

       (2)    A person who is working to lower the concentration of flammable gas must be

 

                (a)    adequately trained in the hazards associated with flammable gas; and

 

                (b)    provided with adequate equipment, including adequate respiratory protection and a flammable-gas meter.

 

       (3)    Activity may resume and persons may return to an active working evacuated under subsection (1), after 1 of the following happens:

 

                (a)    a competent person tests the general body of air in the area once every hour for at least 24 hours and determines that the concentration of flammable gas is under 0.25% by volume in the air being tested for 24 consecutive readings;

 

                (b)    remote monitoring of the general body of air underground in the area is carried out for at least 24 hours and the concentration of flammable gas is constantly under 0.25% by volume in the air being tested.

 

 

Part 9 - Mechanical Equipment and Travelways

 

Definitions for Part[ 9]

261 In this Part, all of the following definitions apply:

 

“material car” means a mine car used to transport materials only;

 

“personnel carrier” means mobile equipment that is used to transport persons;

 

“rail-bound” means capable of being operated only on fixed rails, or on a track or beam;

 

“safety station” means a place in a travelway to which a person can move to be out of the path of a moving hazard;

 

“steep gradient” means a gradient that exceeds 4% averaged over any 100 m.

 

Testing, maintaining and inspecting conveyors

262 (1)    A conveyor system must be slip-proof and the conveyor belt must conform to CSA standard CAN/CSA-M422-M87 (R2007), Fire Performance and Antistatic Requirements for Conveyor Belting.

 

       (2)    The external parts of belt lines and conveyors in use must be inspected by a competent person at least once every 24 hours of operation, and a record of the inspection must be made.

 

Information to be filed for internal combustion engines

263 Before installing or using any internal combustion engine underground, an employer at a coal mine must file all of the following information respecting the internal combustion engine with the Director:

 

                (a)    manufacturer’s specifications;

 

                (b)    copies of all relevant certifications, including those certifying the engine as flameproof;

 

                (c)    a plan of where the internal combustion engine will be installed, if it is not mobile;

 

                (d)    details of ventilation in the area where the engine will be used;

 

                (e)    any procedures related to installing, operating, using or maintaining the internal combustion engine.

 

Fire resistant hydraulic fluid

264 At a coal mine, if reasonably practicable, hydraulic fluids used underground must conform to CSA standard CAN/CSA-M423-M87 (2007), Fire-Resistant Hydraulic Fluids.

 

Identification number marked on equipment

265 Mobile equipment and diesel-powered equipment in use at a mine must be marked with a clearly visible and unique identification number on the outside of the mobile equipment or diesel-powered equipment.

 

Standards for braking rubber-tired vehicles

266 The brakes on mobile equipment must conform to CSA standard CAN/CSA M424.3-M90 (R2007), Braking Performance–Rubber-Tired, Self-Propelled Underground Mining Machines.

 

Standards for construction of diesel-powered equipment

267 (1)    In this Section, “CFR” means the Code of Federal Regulations published in the Federal Register by the executive departments and agencies of the government of the United States of America.

 

       (2)    Except as provided in subsection (3), diesel-powered equipment that is used underground must be constructed and certified by a certifying body or an engineer to conform with the following applicable standards:

 

                (a)    MSHA regulation 30 CFR (2002);

 

                (b)    CSA standard CAN/CSA-M424.2-M90 (R2007), Non-Rail-Bound Diesel-Powered Machines for Use in Non-Gassy Underground Mines;

 

                (c)    CSA standard CAN/CSA-M424.1-88 (R2007), Flameproof Non-Rail-Bound Diesel-Powered Machines for Use in Gassy Underground Coal Mines.

 

       (3)    At a non-coal mine, diesel-powered mobile equipment may conform to a standard other than one referred to in subsection (2) if an engineer certifies that the other standard provides for a level of safety that equals or exceeds the level of safety that would be provided by conforming with the applicable standards referred to in subsection (2).

 

Maintaining diesel-powered equipment and battery-powered equipment

268 (1)    Diesel-powered equipment and battery-powered equipment used underground must be

 

                (a)    maintained and repaired only by a designated competent person; and

 

                (b)    inspected weekly by a competent person in accordance with the manufacturers’ specifications, and a record of each inspection must be made.

 

       (2)    Diesel-powered equipment and battery-powered equipment must be visually examined by the operator of the equipment before it is operated and the operator must promptly report equipment defects to their supervisor.

 

No sparks or flames from diesel-powered equipment engine

269 The engine of diesel-powered equipment used underground must be constructed and maintained to prevent the emission of sparks or flames.

 

Fuel for diesel-powered equipment

270 (1)    All systems for handling, transferring, storing and dispensing diesel fuel must be designed according to generally accepted engineering principles and subjected to a fire risk assessment before the system is first used.

 

       (2)    In consultation with the committee or representative, if any, the mine manager must prepare appropriate safeguards and procedures for safely handling, transferring, storing and dispensing diesel fuel underground.

 

       (3)    Except as provided in subsection (4), diesel fuel used underground must comply with CGSB standard CAN/CGSB-3.517-2007, Automotive Low-Sulphur Diesel Fuel.

 

       (4)    If the ambient temperature in an area where diesel fuel is being used or stored exceeds 30 °C, all of the following conditions must be met:

 

                (a)    the flash point of the diesel fuel must be at least 10 °C higher than the ambient temperature;

 

                (b)    the diesel fuel must comply with the CGSB standard CAN/CGSB-3.16-99, Mining Diesel Fuel, Special LS.

 

Carbon monoxide from diesel-powered equipment exhaust

271 (1)    A person must not operate diesel-powered equipment underground if the undiluted exhaust gases discharging from its engine while the engine is idling reach or exceed 1200 ppm by volume of carbon monoxide.

 

       (2)    Tests must be conducted on the engine exhaust of diesel-powered equipment used underground while the engine is idling to determine the carbon monoxide concentration of the undiluted exhaust gases discharging from the engine at all of the following times:

 

                (a)    immediately after repairs to the engine or the exhaust system of the diesel-powered equipment;

 

                (b)    when recommended by the manufacturer or monthly, whichever is more frequent.

 

       (3)    A record of the tests conducted under subsection (2) must be kept that includes all of the following:

 

                (a)    the identification number of the diesel-powered equipment required by Section 265;

 

                (b)    the date of the tests;

 

                (c)    the results of the tests.

 

Remote-controlled equipment

272 (1)    Remote-controlled equipment must meet all of the following criteria:

 

                (a)    it must have a selector device that makes it possible to choose either a manual or remote means of controlling the equipment;

 

                (b)    it must have a red emergency switch on the transmitter that, when pressed, stops the equipment as soon as reasonably practicable;

 

                (c)    if it is mobile equipment,

 

                         (i)      except as provided in subsection (2), it must be equipped so that if the remote-control system fails, the mobile equipment will be brought to an immediate stop,

 

                         (ii)     it must have a device that will stop the engine of the equipment and apply the brakes when the equipment reaches an inclination of 45° from the horizontal, and

 

                         (iii)    it must be used only

 

                                    (A) within the mobile equipment operator’s sight, or

 

                                    (B)  if a camera on board the equipment instantly transmits an image of the location of the equipment to a monitor seen by the mobile equipment operator.

 

       (2)    Remote-controlled mobile equipment may be operated manually when the remote-control system fails if operating it manually will not adversely affect the health or safety of any person.

 

Procedures for remote-controlled equipment

273 The mine manager must prepare procedures that ensure all of the following:

 

                (a)    that remote-controlled equipment is operated and maintained adequately;

 

                (b)    that there is no inadvertent or unpermitted start-up of remote-controlled equipment;

 

                (c)    that a person in the area of remote-controlled equipment is protected from injury that could be caused by the equipment;

 

                (d)    that a remote-control can only operate 1 unit of remote-controlled equipment at a time;

 

                (e)    that a person operates only 1 unit of remote-controlled mobile equipment at a time.

 

Remote-controlled equipment in adjacent mines

274 The mine managers of 2 adjacent mines must prepare co-ordinated procedures that ensure that a remote-control device for equipment in one mine cannot operate remote-controlled equipment in the other mine.

 

Information recorded for each remote-control

275 (1)    The information respecting each remote-control device must be recorded, including all of the following:

 

                (a)    brand;

 

                (b)    model;

 

                (c)    serial number;

 

                (d)    frequency used, if applicable;

 

                (e)    adjustment or maintenance record.

 

       (2)    A person responsible for adjusting or maintaining a remote-control device must sign the record required by subsection (1) for the device after each adjustment or maintenance.

 

       (3)    For the purposes of subclause 11(c)(iii), a record required by subsection (1) must be kept for 2 years after the date the remote-control device is no longer used in the mine.

 

Equipment for all personnel carriers

276 A personnel carrier must be equipped with all of the following:

 

                (a)    if it is diesel-powered, a shut-off valve in the fuel line to the engine from the fuel tank, readily accessible to the operator;

 

                (b)    if it includes an electric locomotive, an automatic shut-off switch constructed so that power to the motor can only be maintained by continuous pressure on a switch by the operator;

 

                (c)    seats or benches that are adequately secured to the personnel carrier.

 

Design and equipment for rail-bound personnel carriers

277 (1)    A rail-bound personnel carrier must be equipped with all of the following:

 

                (a)    an adequate lifting jack and bar that is secured or is carried in a tool compartment;

 

                (b)    controls that are arranged so as to minimize the risk of a carrier being unintentionally moved;

 

                (c)    if it is used on a steep gradient, an overspeed governor on 1 of the mine cars that will activate if there is a 20% overspeed;

 

                (d)    a canopy.

 

       (2)    Each mine car of a rail-bound personnel carrier that is used on a steep gradient must be equipped with brakes that meet all of the following criteria:

 

                (a)    the brakes, when activated, activate the brakes on all other mine cars of the personnel carrier;

 

                (b)    the brakes are activated when the overspeed governor is activated;

 

                (c)    the brakes are manually operable from any mine car;

 

                (d)    the brakes are designed so that if any 1 component fails, it will not significantly reduce the overall capability of the braking system;

 

                (e)    the brakes as a unit are capable of stopping and holding the carrier at the maximum gradient of the roadway at 20% overspeed;

 

                (f)    the brakes are activated whenever power or operating pressure to any part of the braking system of the carrier is interrupted.

 

       (3)    Mine cars that are adjacent in a rail-bound personnel carrier must be connected to each other by all of the following:

 

                (a)    couplings attached to the chassis of each mine car;

 

                (b)    if the carrier is used on a steep gradient, safety chains that are

 

                         (i)      capable of holding at least 200% of the maximum drawbar load of the personnel carrier, and

 

                         (ii)     slack during normal operation of the carrier.

 

       (4)    If a rail-bound personnel carrier is used on a steep gradient, it must be equipped with 1 of the following to couple it with other mine cars:

 

                (a)    3 continuous draw-bars made of steel;

 

                (b)    a single draw-bar made of a composite of rolled-steel sections and rolled-steel plates.

 

       (5)    A rail-bound personnel carrier must be capable of transporting an injured person on a stretcher.

 

Equipment for material cars

278 (1)    A material car used on a steep gradient must have an overspeed governor on 1 of the mine cars that activates if there is a 20% overspeed.

 

       (2)    A material car or an adequate number of material cars of a rail-bound train that is used on a steep gradient must each be equipped with brakes that meet all of the following criteria:

 

                (a)    the brakes stop the car or train if it becomes a runaway;

 

                (b)    the brakes are activated when the overspeed governor is activated;

 

                (c)    the brakes are manually operable;

 

                (d)    the brakes are designed so that if any 1 component fails, it will not significantly reduce the overall capability of the braking system.

 

Tackling equipment and construction of mine cars of rail-bound train

279 (1)    All of the following conditions must be met for the tackling equipment, including couplings, pins, safety chains, rope clamps and draw-bars, on a mine car of a rail-bound train that is used on a steep gradient:

 

                (a)    the equipment must be made of steel that is certified by the manufacturer as not requiring heat treatment to remove stresses that occur as a result of use;

 

                (b)    the equipment must not be subjected to heat treatment.

 

       (2)    A safety chain must connect 2 adjacent mine cars of a rail-bound train.

 

       (3)    The tackling equipment referred to in subsection (1) must not be used on a mine car of a rail-bound train unless all of the following are done:

 

                (a)    the equipment’s design is tested by the manufacturer to withstand a proof load of 40% of its breaking strength load without any permanent stretch;

 

                (b)    the employer obtains a certificate that proves the equipment passed the test referred to in clause (a) from the manufacturer;

 

                (c)    the tackling equipment is legibly and permanently marked to identify it with the manufacturer’s certificate.

 

Factors of safety for tackling equipment

280 Tackling equipment must meet all of the following factors of safety:

 

                (a)    safety chains and safety ropes must be designed, constructed and maintained at a factor of safety of at least 2;

 

                (b)    a draw-bar that is made of rolled steel sections and plates must be designed, constructed and maintained at a factor of safety of at least 10;

 

                (c)    draw-bars not covered by clause (b) and tackling equipment, including couplings, pins and rope clamps, must be designed, constructed and maintained at a factor of safety of at least 6.

 

Fastening arrangement of mine cars on rail-bound train

281 (1)    The first mine car of a rail-bound train must be secured by 1 of the following types of primary fastening arrangements that is certified as adequate by an engineer:

 

                (a)    a rope socket, for a rail-bound train on a direct hoist rope system;

 

                (b)    a rope clamp, for a rail-bound train on an endless hoist rope system;

 

                (c)    a coupling, for any rail-bound train other than those listed in clauses (a) or (b).

 

       (2)    In addition to the primary fastening arrangement required in clause (1)(a), when on a steep gradient, the first mine car of a rail-bound train on a direct hoist rope system must be secured by a secondary fastening arrangement that is capable of holding at least 200% of the maximum tensile load of the train if the primary fastening arrangement fails.

 

Regular movement of clamps on endless hoist rope system

282 At least once every 3 months, clamps on an endless hoist rope system must be moved in accordance with all of the following:

 

                (a)    the position of the clamps that attach a train to the hoist rope on an endless hoist rope system must be moved to a new point of attachment that is at a distance of at least the maximum length of the train;

 

                (b)    each movement of the position of the clamps made under clause (a) must be made in the same direction along the hoist rope.

 

Certificate required for hoist-powered train

283 A hoist-powered train must not be operated unless an engineer has certified all of the following:

 

                (a)    that the train is designed in accordance with generally accepted engineering principles;

 

                (b)    the maximum load that can be adequately carried by the train, taking into consideration the maximum load the mine hoisting plant is designed to carry and the limitations contained in the hoist certificate.

 

Work or travel alongside mobile equipment

284 A person must not work or travel alongside operating mobile equipment in any of the following circumstances:

 

                (a)    if the location of the mobile equipment could hinder the person’s escape if there is a rockfall;

 

                (b)    if there is a danger of the person being pinched between the mobile equipment and the side.

 

Overhead clearance in travelway for mobile equipment

285 A minimum of 30 cm clearance must be maintained between the highest point of a piece of mobile equipment and the lower of the following:

 

                (a)    the roof of a travelway;

 

                (b)    the bottom of any obstruction the equipment passes under.

 

Lateral clearances in travelway for non-rail-bound mobile equipment

286 (1)    There must be at least 1.5 m lateral clearance in excess of the maximum width of the largest regularly used non-rail-bound mobile equipment between the equipment and the side or any obstruction in the travelway.

 

       (2)    Safety stations must be installed and located no farther than 30 m apart in any travelway that is regularly used by both non-rail-bound mobile equipment and pedestrians and has less than 2 m lateral clearance in excess of the maximum width of the largest non-rail-bound mobile equipment between the equipment and any obstruction in the travelway.

 

Lateral clearance in travelway for rail-bound equipment without pedestrians

287 A travelway that is used for rail-bound mobile equipment where there are no pedestrians must have at least 30 cm clearance on each side.

 

Lateral clearances in travelway for rail-bound mobile equipment with pedestrians

288 (1)    A travelway that is used by both rail-bound mobile equipment and pedestrians must have the following lateral clearances:

 

                (a)    on one side of the travelway, at least 30 cm clearance between the rail-bound mobile equipment and the side of the travelway or any other obstruction;

 

                (b)    on the side of the travelway opposite the side referred to in clause (a), a walkway that provides at least 60 cm clearance between the rail-bound mobile equipment and the side of the travelway or any other obstruction.

 

       (2)    Except as provided in subsection (3), safety stations must be installed along the walking side of any travelway used for rail-bound equipment and pedestrians at the following minimum intervals:

 

                (a)    30 m, if there is no unobstructed view in the travelway for at least 100 m on each side of the safety station;

 

                (b)    50 m, if there is an unobstructed view in the travelway for at least 100 m on each side of the safety station.

 

       (3)    If the distance between the side of the rail-bound equipment and the travelway is greater than 2 m, then no safety station is required.

 

Safety stations

289 A safety station must meet all of the following criteria:

 

                (a)    the station must be plainly marked or lighted with a clearly visible, unique identification number;

 

                (b)    the station must be clean and free of obstructions;

 

                (c)    if recessed in a travelway, the station must

 

                         (i)      be cut perpendicular to the travelway, and

 

                         (ii)     meet the following minimum dimensions:

 

                                    (A) 1 m deep,

 

                                    (B)  1.5 m wide,

 

                                    (C)  2 m high or the height of the travelway, whichever is less;

 

                (d)    if it is a safety platform, the station must

 

                         (i)      be at least 1.7 m deep and at least 1.2 m wide,

 

                         (ii)     be easily accessible,

 

                         (iii)    have guardrails to protect a person using the platform from falling off, and

 

                         (iv)    if it is placed over a conveyor, be at least 45 cm above the highest load carried on the conveyor.

 

Procedures for safely operating mobile equipment and mine cars

290 (1)    The mine manager must prepare procedures for safely operating mobile equipment and mine cars that include all of the following:

 

                (a)    the conditions under which persons may be transported using mobile equipment or mine car;

 

                (b)    for each operator of mobile equipment, written instructions about all of the following:

 

                         (i)      loads, gradients, and speeds, including specifying the speed for mobile equipment transporting explosives,

 

                         (ii)     rights-of-way, including specifying the right-of-way when the mobile equipment is transporting explosives,

 

                         (iii)    matters necessary to ensure the mobile equipment is operated safely.

 

       (2)    A sign must be posted in a conspicuous place on each piece of mobile equipment and each mine car, so that it is readily accessible to the operator and all other persons in the workplace that shows all of the following:

 

                (a)    the maximum load that may be carried by the mobile equipment or mine car;

 

                (b)    the maximum speed at which the mobile equipment or mine car operated in the workplace may travel under various load conditions.

 

Operator of mobile equipment

291 (1)    An operator of mobile equipment must operate the equipment at speeds consistent with the conditions and type of equipment used and must control the equipment so that it can be stopped within the operator’s sight distance.

 

       (2)    An operator of mobile equipment must not put mobile equipment in operation unless they are satisfied it is in safe operating condition and, immediately before moving the mobile equipment, they inspect the immediate area over which the mobile equipment is to be moved and ensure that the road is clear and it is safe to proceed.

 

       (3)    An operator of mobile equipment must use a device that warns pedestrians of the approaching equipment.

 

Securing tools, equipment and supplies on mobile equipment

292 Tools, equipment and supplies carried on mobile equipment must be adequately secured.

 

Signalling and communication for remote-controlled rail-bound trains

293 A means of signalling and communication must be provided between all regular stopping places and the operator of a rail-bound train operated by remote-control in a travelway longer than 30 m.

 

Disabled mobile equipment

294 Adequate warning must be given of mobile equipment that is disabled or parked in the travelled portion of a travelway.

 

Preventing runaway mine cars

295 (1)    A mine car parked on an inclined travelway must not be able to move.

 

       (2)    A mine car must not be moved without using mobile equipment or a hoist unless adequate control of the mine car is maintained.

 

Precautions for runaway mobile equipment

296 (1)    A switch or arresting device must be located on the bottom of an incline so that it stops a runaway mine car or train at least 30 m from a working face.

 

       (2)    A switch or an arresting device required by subsection (1) must be designed, installed, operated, inspected and maintained in accordance with generally accepted engineering principles.

 

       (3)    A design for a switch or arresting device required by subsection (1) must be certified as adequate by an engineer.

 

Maintaining rails underground

297 (1)    Mobile equipment rails must be adequately constructed, inspected and maintained.

 

       (2)    Mobile equipment rail track safety equipment, including all of the following, must be adequately constructed, inspected and maintained:

 

                (a)    switches;

 

                (b)    derails;

 

                (c)    stop blocks;

 

                (d)    sanding devices;

 

                (e)    frogs.

 

Restricting persons on mobile equipment transporting explosives or heavy load

298 Except in a medical emergency or when it is not reasonably practicable to transport persons by another means, only the following persons may ride on mobile equipment that is transporting explosives or a heavy load:

 

                (a)    an operator;

 

                (b)    a person required to handle the load;

 

                (c)    a person authorized by a supervisor to be responsible for the shipment.

 

Transporting persons by rail-bound personnel carrier

299 (1)    A person must not operate a rail-bound personnel carrier within 100 m of another train or mine car on the same track other than when coupling or uncoupling the mine cars.

 

       (2)    A competent person must direct a rail-bound personnel carrier and must do all of the following:

 

                (a)    ensure that the couplings and safety chains are secured to the mine cars;

 

                (b)    ensure that all persons are properly seated and all loads are secured;

 

                (c)    signal for the rail-bound personnel carrier to stop or start;

 

                (d)    operate all rail track switches.

 

       (3)    At places where persons get on or off a personnel carrier,

 

                (a)    there must be adequate clearance between the persons getting on and off the carrier and any energized electrical installation; and

 

                (b)    persons must be prevented from coming into contact with an energized electrical installation when getting on or off the carrier.

 

Drop-bottom mine cars used to transport persons

300 A drop-bottom mine car, designed so that it can be emptied from the bottom, that is used to transport persons must have the bottom adequately secured by at least 2 independent locking devices.

 

 

Part 10 - Mine Hoisting Plants for Shafts

 

Definitions for Part[ 10]

301 In this Part, all of the following definitions apply:

 

“automatic hoist” means a hoist that can be operated by controls situated at shaft stations or on a shaft conveyance;

 

“balance rope” means a rope that is attached to the bottom of a shaft conveyance, and extends down to form a loop at the shaft bottom and that functions to balance out the difference in weight of the upward or downward moving main ropes during hoisting;

 

“bucket” means a shaft conveyance used only during shaft sinking and associated work;

 

“chair” means a moveable support arranged to hold a shaft conveyance as required;

 

“crosshead” means a runner or framework that runs on guides and is placed above, and in close proximity to, the sinking bucket to prevent it from swinging;

 

“friction hoist” means an electrically-powered hoist in which the driving force between the drum and the hoisting rope supporting the shaft conveyance is obtained through friction;

 

“guide rope” means a rope that is suspended in a shaft and is used to guide a shaft conveyance or counterweight in the shaft and to prevent them from swinging and colliding with each other while in motion;

 

“rubbing rope” means a rope installed in a shaft to prevent possible collisions between cages and skips;

 

“shaft compartment” means a space or division in a shaft in which only 1 shaft conveyance operates;

 

“shaft obstruction” means any protrusion into a shaft compartment;

 

“shaft rope” means a hoisting rope, balance rope, guide rope or rubbing rope.

 

References in Part are to mine hoisting plant in shaft

302 In this Part, all references to a mine hoisting plant and its parts are to a mine hoisting plant used in a shaft.

 

Procedures for safely operating mine hoisting plant

303 The mine manager must prepare procedures for safely operating a mine hoisting plant and the procedures must specify the conditions under which persons may be transported by the mine hoisting plant in accordance with these regulations.

 

Tests and report by engineer on mine hoisting plant

304 A mine hoisting plant must be tested in accordance with all of the following before the mine hoisting plant is put into initial service at a mine site:

 

                (a)    the effectiveness of the brakes, clutches, overwind devices and other hoist controls of the mine hoisting plant must be tested;

 

                (b)    a report of the tests required by clause (a) must be prepared by an engineer;

 

                (c)    the results of the tests required by clause (a) must be certified as adequate by the engineer who prepared the report required by clause (b).

 

Defective or non-repaired mine hoisting plant

305 A mine hoisting plant that has a defect that could affect the health or safety of mine workers, or that is in need of repair, must not be operated except to correct the defect or carry out the repair.

 

Records for inspections, tests, calibrations and maintenance

306 (1)    A competent person must make a record of each inspection, test, examination, calibration and maintenance required for a mine hoisting plant.

 

       (2)    All of the following records must be created for a mine hoisting plant:

 

                (a)    a shaft inspection record, for the shaft inspections required by Section 309;

 

                (b)    an electrical hoisting equipment record, for the electrical component inspections required by Section 342;

 

                (c)    a mechanical hoisting equipment record, for the mechanical components inspections required by Sections 344 and the mechanical components testing required by Section 348;

 

                (d)    a hoist operator record, for the hoist operator information required by Section 368.

 

       (3)    For the purpose of subclause 11(c)(iii), the records required by subsection (1) must be kept for 2 years after the date the mine hoisting plant is no longer used at the mine.

 

Headframe design

307 The headframe on a hoist must meet all of the following criteria:

 

                (a)    the headframe must be designed in accordance with generally accepted engineering principles;

 

                (b)    the headframe must be constructed according to a design certified by an engineer;

 

                (c)    the headframe must be certified by an engineer as being strong enough to safely withstand all of the loads it may be subjected to;

 

                (d)    the headframe must be certified by an engineer as being high enough to allow for an overwind that exceeds the longer of the following:

 

                         (i)      3 m,

 

                         (ii)     twice the stopping distance of the hoist at the maximum speed permitted by the hoist controls.

 

Shaft design

308 (1)    A shaft must meet all of the following criteria:

 

                (a)    the shaft must be designed in accordance with generally accepted engineering principles;

 

                (b)    the shaft must be constructed according to a design certified by an engineer;

 

                (c)    the shaft must have a means for guiding each shaft conveyance that prevents contact with another shaft conveyance or with shaft furnishings;

 

                (d)    except during shaft sinking, the shaft must have an overwind clearance that is long enough to exceed the stopping distance of the shaft conveyance when travelling at the maximum speed permitted by the hoist controls.

 

       (2)    Except during shaft sinking or if chairs are used to land a skip during loading, the distance between the lowest shaft station and the bottom of a shaft or any shaft obstruction below the lowest shaft station must exceed the stopping distance of the shaft conveyance when travelling at the maximum speed permitted by the hoist controls.

 

       (3)    Except during shaft sinking, a barrier or obstruction must be installed high enough in a shaft to prevent the shaft conveyance from contacting water in the shaft bottom if there is a reasonable likelihood that a shaft conveyance could contact standing water in the shaft bottom.

 

       (4)    A shaft that uses a friction hoist must be equipped with tapered guides or other similar devices in accordance with all of the following conditions:

 

                (a)    the devices must be attached above and below the designed limits of travel of the shaft conveyance and counterweight;

 

                (b)    the devices must be arranged to act as a direct physical brake that decelerates and stops the shaft conveyance and counterweight if they go above or below their designed limits of travel.

 

Shaft inspections

309 (1)    At least once a week, a competent person must inspect all shafts that are in use.

 

       (2)    At least once a month, a competent person must examine all of the following in shafts that are in use:

 

                (a)    shaft guides and attachments;

 

                (b)    shaft timbers;

 

                (c)    rib rock;

 

                (d)    partitions;

 

                (e)    lining, casing and rings of the shaft;

 

                (f)    shaft conveyance clearance;

 

                (g)    ladders and landings;

 

                (h)    shaft compartments;

 

                (i)     the general conditions of the shaft.

 

       (3)    At least once a month, the shaft sump must be inspected by a competent person.

 

       (4)    At least once a year, a competent person must test water in the shaft sump to assess any possible corrosion effects from the water.

 

       (5)    If a shaft has not been inspected or examined during the previous week, a competent person must examine it immediately before a hoist on the shaft is used for any purpose other than a shaft inspection or examination.

 

       (6)    At least one a month, the balance rope, guide rope and rubbing rope connections must be inspected to ensure they are clean of water and spillage.

 

Recording shaft examinations and inspections

310 (1)    A competent person who performs a shaft inspection or examination required by Section 309 must record the results of the inspection or examination, and any maintenance carried out, in the shaft inspection record.

 

       (2)    A supervisor responsible for a mine shaft and headframe must do all of the following at least once a week:

 

                (a)    review the entries made in the shaft inspection record during the previous week;

 

                (b)    ascertain that the inspections and examinations required by Section 309 have been made, the results recorded and all necessary work done;

 

                (c)    certify in the shaft inspection record that clauses (a) and (b) have been complied with.

 

Shaft obstructions

311 (1)    Protective devices must be used and procedures must be prepared by the mine manager, including plans and instructions, to prevent a shaft conveyance or counterweight from coming into contact with a shaft obstruction.

 

       (2)    Any device that could become a shaft obstruction must be adequately secured to prevent it from inadvertently entering into a shaft compartment.

 

       (3)    The mine manager must prepare a procedure, including plans and instructions, for operating a hoist where there is a shaft obstruction or an object that could become a shaft obstruction, and a copy of the procedure must be posted in a conspicuous place for use by the hoist operator.

 

       (4)    Service doors for covering a shaft at the collar are not a shaft obstruction if all of the following conditions are met:

 

                (a)    the doors are adequately secured in the open position when not in use;

 

                (b)    adequate devices are installed that directly indicate to the hoist operator that the doors are no longer obstructing the shaft compartment serviced by those doors when the doors are adequately secured in the open position.

 

Hoist station designed to limit audible signals

312 A hoist station must be designed, constructed and maintained so that the hoist operator cannot receive audible signals other than the following:

 

                (a)    signals given by the person designated under Section 373;

 

                (b)    signals given by a person authorized by these regulations to communicate with the hoist operator.

 

Hoist certificate

313 (1)    A certificate for a hoist must be obtained from the manufacturer of the hoist or an engineer that certifies all of the following maximums for the hoist:

 

                (a)    the maximum shaft rope pull;

 

                (b)    the maximum suspended load;

 

                (c)    for a friction hoist, the maximum unbalanced load.

 

       (2)    A hoist must not be loaded in excess of the maximums certified under subsection (1).

 

Hoist brakes

314 (1)    A hoist must not be used unless it has a braking system with at least 2 sets of mechanical brakes to stop and hold the drum of the hoist.

 

       (2)    A set of mechanical hoist brakes must meet all of the following criteria:

 

                (a)    the set must be capable of stopping and holding the drum when the shaft conveyance or counterweight is operating at its maximum suspended load;

 

                (b)    the set must be arranged so that each set can be tested and calibrated independently;

 

                (c)    the set must be arranged so that it applies normal braking effort before a linkage or brake piston reaches its limit of travel.

 

       (3)    At least 1 set of mechanical hoist brakes required by subsection (1) must do all of the following:

 

                (a)    the set must apply directly to the drum;

 

                (b)    the set must apply automatically when any of the following happens:

 

(i)the safety circuit on the hoist is tripped,

 

                         (ii)     the pressure in the hydraulic or pneumatic system for applying brakes drops below normal,

 

                         (iii)    there is a loss of power to the hoist or hoist brake.

 

       (4)    A hoist braking system must be arranged on a hoist in accordance with all of the following:

 

                (a)    the manufacturer’s specifications;

 

                (b)    so that any brake weight installed to provide auxiliary braking force can be readily tested and calibrated for freedom of movement.

 

Brakes on hoist that transports persons

315 When braking is initiated by a tripped safety circuit for a drum hoist that is normally used for transporting persons and is operating in the normal full-speed zone, the brakes must decelerate the hoist at a rate greater than 1.5 m/s² and less than 3.7 m/s².

 

Clutch on hoist

316 (1)    The clutch of a drum hoist must be interlocked with the brake so that all of the following criteria are met:

 

                (a)    the clutch can be disengaged only when the brake on the drum is fully applied;

 

                (b)    the clutch must be fully engaged before the brake on the drum can be released.

 

       (2)    The controls for engaging and disengaging the clutch on a hoist must be guarded to prevent them from being inadvertently operated.

 

       (3)    A hoist must not be equipped with a band-type friction clutch.

 

Drum to hoisting rope ratios for hoist

317 The ratio of the drum diameter to the hoisting rope diameter and the ratio of the sheave diameter to the hoisting rope diameter must be equal to or greater than the following ratios:

 

                (a)    for a drum hoist, other than a drum hoist described in clause (b),

 

                         (i)      60 to 1, if the nominal hoisting rope diameter is 25.4 mm or less,

 

                         (ii)     80 to 1, if the nominal hoisting rope diameter is more than 25.4 mm;

 

                (b)    for a drum hoist used for shaft sinking or for preliminary development work during shaft sinking,

 

                         (i)      48 to 1, if the nominal hoisting rope diameter is 25.4 mm or less,

 

                         (ii)     60 to 1, if the nominal hoisting rope diameter is more than 25.4 mm;

 

                (c)    for a friction hoist,

 

                         (i)      80 to 1, for stranded hoisting ropes,

 

                         (ii)     100 to 1, for locked coil hoisting ropes.

 

Prohibited hoists

318 (1)    A drum hoist that meets any of the following criteria must not be used:

 

                (a)    the drum hoist has more than 3 layers of hoisting rope, if the drum has helical or spiral grooving or does not have grooving;

 

                (b)    the drum hoist has more than 4 layers of hoisting rope, if the drum has parallel and half-pitch grooving;

 

                (c)    the drum hoist has fewer than 3 dead turns of the hoisting rope on the drum.

 

       (2)    A steam-powered hoist or an air-powered hoist must not be used.

 

Grooves and flanges on drum hoist

319 (1)    The drum of a drum hoist must have grooves that properly fit the hoisting rope, unless the hoist is being used for shaft sinking or preliminary development work during shaft sinking, in which case the drum may be smooth.

 

       (2)    The drum of a drum hoist must have flanges that meet all of the following criteria:

 

                (a)    the flanges are high enough to contain all the hoisting rope;

 

                (b)    the flanges are strong enough to withstand the maximum load likely to be imposed on them by a hoisting rope.

 

       (3)    A drum hoist that has a conical drum must have grooves on the drum that prevent the hoisting rope from slipping off the drum.

 

Sheave arrangements for rope winding on drum hoist

320 A drum hoist and a sheave must be arranged so that the hoisting rope does all of the following:

 

(a)coils properly across the face of the drum;

 

(b)winds smoothly from 1 layer to another;

 

(c)winds without cutting into the hoisting rope layer beneath.

 

Bolts and other fittings of mine hoisting plant tightened

321 The bolts and other fittings of a mine hoisting plant must be tightened to the manufacturers’ specifications, and at a frequency required by the manufacturers’ specifications.

 

Depth indicator required on hoists

322 A hoist must be equipped with depth indicators that continuously, accurately and clearly show the hoist operator the position of all of the following:

 

                (a)    shaft conveyances and counterweights;

 

                (b)    the limits of normal travel for a shaft conveyance and a counterweight;

 

                (c)    shaft obstructions;

 

                (d)    collar doors, dump doors and crosshead landing chairs;

 

                (e)    the overwind, underwind and track limit devices trip points.

 

Certificate required for sheave

323 (1)    Before a sheave is first used or relocated in a mine hoisting plant, a certificate for the sheave must be obtained from the manufacturer of the sheave or an engineer that certifies all of the following for the sheave:

 

                (a)    the maximum rated load of the sheave;

 

                (b)    the diameter of hoisting rope the sheave is designed for;

 

                (c)    the breaking strength of the hoisting rope the sheave is designed for;

 

                (d)    the maximum amount of groove wear that is permitted for the sheave.

 

       (2)    A person must not use a sheave other than in compliance with the certificate under subsection (1).

 

Construction and identification of sheave

324 (1)    A sheave in a mine hoisting plant must be constructed to meet all of the following criteria:

 

                (a)    the sheave must be made of materials that will withstand the ambient temperatures;

 

                (b)    the sheave must be fitted with a groove to fit the hoisting rope being used.

 

       (2)    A sheave in a mine hoisting plant must be marked with all of the following information:

 

                (a)    a unique serial number;

 

                (b)    1 of the following dates:

 

                         (i)      the date of its manufacture,

 

                         (ii)     the date it was certified by an engineer.

 

Testing of shaft of sheave

325 The shaft of a sheave in a mine hoisting plant must be tested by a competent person for flaws using a non-destructive test at all of the following times:

 

                (a)    before it is installed;

 

                (b)    immediately after it is installed;

 

                (c)    annually or as recommended by the manufacturer, whichever is more frequent.

 

Safety circuits for hoists

326 (1)    A hoist must not be used unless it has a safety circuit that meets all of the following:

 

                (a)    the safety circuit is fail-safe;

 

                (b)    when tripped, the safety circuit de-energizes the hoist motors.

 

       (2)    All safety devices or switches for hoists must be effective under the environmental conditions at their operating locations.

 

       (3)    The safety circuit of a hoist must be tripped when any of the following happens:

 

                (a)    there is a failure in the power supply to the hoist electrical system that could affect the safe operation of the hoist;

 

                (b)    there is an overload on the hoist motors of a magnitude or duration exceeding the manufacturer’s specifications;

 

                (c)    there is a short circuit in the hoist electrical system;

 

                (d)    a safety switch or device required on the hoist by these regulations is activated.

 

Safety switches and devices for hoists

327 (1)    A safety switch that enables a person to trip the safety circuit of a hoist must be installed that meets all of the following criteria:

 

                (a)    the switch is located within easy reach of the hoist operator when at the controls;

 

                (b)    the switch is readily recognizable;

 

                (c)    the switch is readily operable.

 

       (2)    A track limit device must be installed in each shaft compartment that trips the safety circuit of a hoist when the shaft conveyance or counterweight travels above or below its designed limits of travel.

 

       (3)    Safety devices must be installed on a hoist that protect a shaft conveyance or counterweight from all of the following:

 

                (a)    an overwind;

 

                (b)    an underwind, except during shaft sinking;

 

                (c)    approaching the limits of travel at an excessive speed;

 

                (d)    operating at a faster speed than the mine hoisting plant is designed and intended for.

 

       (4)    A device required by subsection (3) must meet all of the following criteria:

 

                (a)    the device must be driven by the drum;

 

                (b)    the device must be in motion when the hoist is in motion;

 

                (c)    the device must prevent the paying out of excess shaft rope during shaft sinking;

 

                (d)    the device must be set to stop the hoist before a shaft conveyance or counterweight, or their attachments, makes contact with a fixed part of a shaft or headframe.

 

       (5)    A device on a hoist must be installed that synchronizes the position of the shaft conveyance with all of the devices required by subsection (3).

 

Safety devices for friction hoists

328 (1)    A friction hoist must be equipped with independent slowdown protection and a synchronizing device.

 

       (2)    An excessive slip device, a tread wear device and a balance rope loop switch must be installed on a friction hoist that separately trip the safety circuit of the hoist when any of the following happens:

 

                (a)    there is abnormal slip between the hoist drum and the ropes;

 

                (b)    there is abnormal wear of the hoisting rope threads or the thread wear limit is reached;

 

                (c)    a violent swing or large rise in the loop of a balance rope occurs.

 

Monitors and devices for hoists

329 A hoist must be equipped with all of the following:

 

                (a)    for an electrically-powered hoist, an ammeter within clear view of the hoist operator that indicates the hoist motor current;

 

                (b)    an audible device that warns the hoist operator when the hoist is approaching the position where a reduction in speed is necessary for safe manual braking, unless the hoist automatically slows down when the limits of travel are reached;

 

                (c)    a device that indicates the speed of the hoist;

 

                (d)    adequate back-out devices that allow a shaft conveyance or counterweight that has travelled beyond its normal limits of travel to be returned to within its normal limits of travel and that meet all of the following criteria:

 

                         (i)      the devices are manually operable only,

 

                         (ii)     the devices prevent the brake or brakes from being released until sufficient torque is developed to ensure movement in the correct direction;

 

                (e)    adequate underwind devices and overwind devices that allow a shaft conveyance or counterweight to travel beyond the normal limits of travel and that meet all of the following criteria:

 

                         (i)      the devices are manually operable only,

 

                         (ii)     when in use, the devices restrict the hoist operation to slow speed,

 

                         (iii)    the devices allow the hoist to travel beyond devices that normally prevent the shaft conveyance or counterweight from travelling beyond its set limits of travel;

 

                (f)    a master controller device with a neutral or brake reset position;

 

                (g)    a device that prevents power to the hoist from being restored unless the brakes are applied.

 

Competent person adjusts safety device of hoist

330 (1)    The mine manager must designate a competent person to adjust the safety devices of a hoist.

 

       (2)    A person other than a designated competent person under subsection (1) must not adjust a safety device of a hoist.

 

Design and installation of operating controls of automatic hoist

331 (1)    A selector device must be installed on an automatic hoist that makes it possible to choose a manual or automatic means of controlling the hoist and is

 

                (a)    accessible to the hoist operator; and

 

                (b)    operated only by a designated competent person.

 

       (2)    A device at a shaft station installed for the change-over to and from the hoist controls at the shaft station and the hoist controls within the shaft conveyance must operate only at the shaft station where the shaft conveyance is stopped.

 

       (3)    A device at a shaft station installed for selecting the shaft conveyance destination and initiating hoist movement must operate only if all of the following conditions are met:

 

(a)the shaft conveyance is stopped at the shaft station;

 

(b)the hoist is designed for the use of the device.

 

       (4)    Except for jogging, if a shaft conveyance is moved forward slowly, a device required by subsection (3) must operate only when the shaft gate is closed at the shaft station where the shaft conveyance is stopped.

 

       (5)    If an automatic hoist is used for a cage, a safety device must be installed in the cage that is capable of tripping the safety circuit of the hoist.

 

Control devices of hoist to be fail-safe

332 The control devices of all hoists must be fail-safe.

 

Testing shaft ropes before first use

333 Before a shaft rope is first used, all of the following must be done:

 

                (a)    a representative sample at least 2.5 m long must be tested for its breaking strength by a competent cable-testing laboratory using a destructive test;

 

                (b)    a certificate of the test must be obtained from the laboratory that states the breaking strength.

 

Procedure for testing hoisting rope of friction hoist

334 The mine manager must prepare a procedure for inspecting the hoisting rope of a friction hoist within the attachments at the shaft conveyance or counterweight.

 

Regular testing of shaft ropes

335 (1)    In this Section, “lay length” means the length of rope required for a strand of the rope to make 1 complete spiral around the rope’s core.

 

       (2)    A hoisting rope must not be used unless all of the following are done at least once every 6 months to determine the strength of the shaft rope:

 

                (a)    a portion of the drum hoist hoisting rope that is at least 2.5 m long is cut off at the lower end above the rope attachments to the shaft conveyance, has its ends fastened to prevent unravelling and is submitted to a competent cable-testing laboratory for a test of its breaking strength by a destructive test;

 

                (b)    a certificate of the test is obtained from the laboratory that states the breaking strength.

 

       (3)    A competent person must test a hoisting rope throughout its working length by using a non-destructive testing device at the shorter of the following intervals:

 

                (a)    at least every 4 months;

 

                (b)    if, by extrapolating the results of past tests of the rope, it is predicted that 10% or more of the breaking strength of the rope, as set out in the certificate required by clause 333(b), will be lost before the next prescribed test, at intervals shorter than every month.

 

       (4)    The results of the test referred to in subsection (3) must be kept in the mechanical hoisting equipment record.

 

       (5)    A competent person must test a balance rope and, if reasonably practicable, a guide rope throughout its working length by using a non-destructive testing device at all of the following times:

 

                (a)    during the first 12 months it is used;

 

                (b)    at regular intervals not longer than 8 months, or at least once every 4 months after a test shows a loss in breaking strength of the rope that exceeds 5% of the breaking strength set out in the certificate obtained under clause 333(b).

 

       (6)    If a test of a hoisting rope shows a loss in breaking strength of the rope that exceeds 7.5% of the breaking strength set out in the certificate obtained under clause 333(b), an employer must do all of the following:

 

                (a)    prepare a report of the test;

 

                (b)    notify the Director of the report:

 

                (c)    provide a copy of the report to the committee or representative, if any.

 

       (7)    A shaft rope must not be used in any of the following circumstances:

 

                (a)    the extension of a test piece decreases to less than 60% of its original extension when tested to destruction and marked corrosion or considerable loss in wire torsions has occurred;

 

                (b)    the number of broken wires, excluding filler wires, in any section of the rope equal to 1 lay length exceeds 5% of the total number of wires, excluding filler wires;

 

                (c)    a destructive test of the shaft rope shows a loss in breaking strength of the rope from the breaking strength set out in the certificate obtained under clause 333(b) that exceeds the following percentages:

 

(i)for a hoisting rope, 10%,

 

(ii)for a multi-layer, multi-strand balance rope, 10%,

 

(iii)for a single layer stranded balance rope, 15%,

 

(iv)for a guide or rubbing rope, 25%.

 

       (8)    A hoisting rope must not be used on a friction hoist if the rate of stretch in the rope exceeds the rope stretch specifications defined by the manufacturer.

 

24-hour notice when shaft rope taken out of service

336 (1)    The mine manager must notify the Director in writing no later than 24 hours after a shaft rope is taken out of service under these regulations.

 

       (2)    The notification required by subsection (1) must include all of the following:

 

                (a)    the date the rope was removed from service;

 

                (b)    the reason the rope was removed from service.

 

Prohibition against hoisting rope that is spliced or reversed

337 A shaft rope that is spliced or reversed must not be used as a shaft rope, other than for endless haulage.

 

Minimum nominal diameter of hoisting rope

338 The minimum nominal diameter of a hoisting rope must be greater than the following applicable measurement:

 

                (a)    16 mm, if only 1 rope supports a shaft conveyance or counterweight;

 

                (b)    13 mm, if more than 1 rope supports a shaft conveyance or counterweight.

 

Factors of safety for hoisting ropes

339 (1)    A hoisting rope installed in a drum hoist must have the following minimum factors of safety:

 

                (a)    5.0, at the point the rope leaves the head sheave when the shaft conveyance or counterweight is at the lowest point of normal travel;

 

                (b)    at the point the rope is attached to a shaft conveyance,

 

                         (i)      8.5, for a shaft conveyance that carries persons; or

 

                         (ii)     7.5, for a shaft conveyance that does not carry persons.

 

       (2)    The factor of safety of a hoisting rope installed on a friction hoist, when installed, must be the higher of the following:

 

                (a)    5.5;

 

                (b)    the factor obtained from the following formula:

 

                         8.0 - (0.00164 x ML)

 

in which “ML” is the maximum length of the rope in metres in the shaft compartment below the head sheave or the drum of the friction hoist.

 

       (3)    The factor of safety of a balance rope, when installed, must be at least 7.

 

       (4)    The factor of safety of a guide rope or a rubbing rope, when installed, must be at least 5.

 

       (5)    When hoisting is discontinued or suspended in a shaft compartment, a hoisting rope must be immediately removed from the shaft unless the hoisting rope is maintained and tested in accordance with these regulations.

 

Shaft rope design

340 A shaft rope used at a mine hoisting plant must be made of steel wire.

 

Shaft rope attachments

341 (1)    Only closed-type attachment devices that will not inadvertently disconnect from an object must be used to attach an object to a shaft rope.

 

       (2)    The hoisting rope from a shaft conveyance or the hoisting rope from a counterweight in a drum hoist installation must be attached to the drum of the hoist.

 

       (3)    A wedge-type attachment that is used to attach a shaft rope to a shaft conveyance must be certified as adequate by the manufacturer of the attachment or an engineer and must be re-certified every 6 years by the manufacturer or an engineer.

 

       (4)    If rope clips are used on a shaft rope, an engineer must certify all of the following:

 

                (a)    the number of clips to be used;

 

                (b)    the torque to be applied when installing the clips.

 

       (5)    When the attachment devices for a shaft rope are first installed, or re-installed after disassembling, a competent person must carry out all of the following until the hoist operates adequately:

 

                (a)    2 test trips of the shaft conveyance or counterweight through the working part of the shaft while the shaft conveyance or counterweight is carrying a normal load;

 

                (b)    an examination of the attachment devices when the test trips required by clause (a) are completed;

 

(c)any necessary adjustments to the attachment devices;

 

                (d)    a retest of the attachment devices in accordance with clauses (a), (b) and (c).

 

       (6)    A competent person who carries out the tests under subsection (5) must record the test trips, examinations and any adjustments made in the mechanical hoisting equipment record.

 

Inspecting electrical components of mine hoisting plant

342 (1)    The mine manager must designate a competent person to inspect the electrical components of a mine hoisting plant in accordance with this Section.

 

       (2)    Unless a greater frequency or a different type of inspection is recommended by the manufacturer or specified in writing by an engineer, a person designated under subsection (1) must inspect all of the following at least once a week:

 

                (a)    hoist motors;

 

                (b)    hoist controls;

 

                (c)    electrical safety devices and interlocks;

 

                (d)    communication systems related to the hoist;

 

                (e)    depth indicators.

 

       (3)    Unless a greater frequency or a different type of inspection is recommended by the manufacturer or specified in writing by an engineer, a person designated under subsection (1) must inspect all of the following for a friction hoist at least once a week:

 

                (a)    excessive slip device;

 

                (b)    thread wear device;

 

                (c)    synchronizing device;

 

                (d)    independent slowdown protection;

 

                (e)    balance rope loop switch.

 

       (4)    A person designated under subsection (1) must record the results of the inspections performed under this Section, and any servicing and repairs carried out, in the electrical hoisting equipment record.

 

Reviewing mine hoisting electrical equipment record

343 (1)    The person responsible for electrical hoisting equipment who is on duty at the time a failure or accident occurs must record a failure or accident involving any of the following in the electrical hoisting equipment record:

 

                (a)    an electrical component of a hoist motor;

 

                (b)    a hoist control;

 

                (c)    a hoist safety device;

 

                (d)    a hoist signalling device.

 

       (2)    The designated person responsible for a mine hoisting plant must do all of the following for the electrical hoisting equipment record at least once a week:

 

                (a)    review the entries made in the record during the previous week;

 

                (b)    ascertain whether the inspections required by Section 342 have been made, the results recorded in the record and all necessary work done;

 

                (c)    certify in the record that they have complied with clauses (a) and (b) and make a notation in the record that details required inspections that were not done or any necessary work that was not done.

 

       (3)    At a coal mine, the underground manager and the chief coal mine electrician must review and sign the entries made in the electrical hoisting equipment record under this Section at least once a month.

 

Inspecting mechanical components of mine hoisting plant

344 (1)    The mine manager must designate a competent person to inspect and examine the mechanical components of a mine hoisting plant in accordance with this Section.

 

       (2)    A person designated under subsection (1) must inspect all of the following at least once every working day a mine hoisting plant is in service:

 

                (a)    the exterior of each hoisting rope and each balance rope, and their attachments, to detect the presence of kinks or other damage and to note the appearance of the balance rope dressing;

 

(b)the safety catches of a shaft conveyance, for any defects.

 

       (3)    A person designated under subsection (1) must inspect all of the following at least once a week:

 

                (a)    head, deflection or idler sheaves, and their shafting, bearer plates and sole plates;

 

(b)the attachments of each shaft rope;

 

                (c)    the attachments on a shaft conveyance or counterweight;

 

(d)shaft conveyances, counterweights and work platforms;

 

                (e)    shaft conveyance safety devices, for proper adjustment and freedom of movement;

 

                (f)    brakes, brake-clutch interlocks and depth indicators;

 

                (g)    auxiliary brake operating weights, to verify their freedom of movement and holding capacity;

 

(h)hoisting equipment being used for shaft sinking.

 

       (4)    A person designated under subsection (1) must inspect all of the following at least once a month:

 

                (a)    the shaft ropes, to determine all of the following:

 

                         (i)      the amount of wear, distortion and corrosion,

 

(ii)the need for lubrication,

 

(iii)the need for changing the wear patterns;

 

                (b)    the hoisting ropes, for the number and location of broken wires;

 

                (c)    the friction threads of a hoisting rope, using both of the following methods:

 

                         (i)      a visual inspection of the outside of the rope,

 

                         (ii)     measuring the reduction in the diameter of the rope.

 

       (5)    A person designated under subsection (1) must inspect and test the safety catches and mechanisms of a shaft conveyance at least once every 3 months to ensure that they work adequately.

 

       (6)    In accordance with a procedure prepared by the mine manager, a person designated under subsection (1) must examine all of the following at least once every 6 months:

 

                (a)    the hoisting rope of a drum hoist within the attachments at the drum and at the point the rope attaches to the drum;

 

                (b)    the hoisting rope of a friction hoist within the attachments at the shaft conveyance or counterweight.

 

       (7)    A person designated under subsection (1) must inspect all of the following at least once every 12 months:

 

                (a)    the bolt locking devices, foundation bolts and all bolts critical to hoist safety;

 

                (b)    the bails, suspension gear and structure of a shaft conveyance and counterweight;

 

                (c)    all structural elements of the headframe.

 

Cleaning and dressing hoisting ropes

345 (1)    The mine manager must designate a competent person to clean and dress with lubricant the hoisting ropes in use on a drum hoist.

 

       (2)    At least once a month, a person designated under subsection (1) must clean and dress with lubricant the hoisting ropes in use on a drum hoist.

 

       (3)    A person designated under subsection (1) must make a record of the cleaning and dressing in the mechanical hoisting equipment record.

 

       (4)    The mine manager must ensure that a record made under subsection (3) is dated and signed by the supervisor responsible for the work.

 

Mechanical hoisting record

346 (1)    A person designated under subsection 344(1) must record the results of the inspections performed under Section 344 and any servicing and repairs carried out in the mechanical hoisting equipment record.

 

       (2)    The mine manager must ensure that a record made under subsection (1) is dated and signed by the supervisor responsible for the work.

 

Review of mechanical hoisting record

347 (1)    The person responsible for mechanical hoisting equipment must record a failure or accident involving a mechanical component of a mine hoisting plant in the mechanical hoisting equipment record.

 

       (2)    The designated person responsible for a mechanical hoisting plant must do all of the following for the mechanical hoisting equipment record at least once a week:

 

                (a)    review the entries made in the mechanical hoisting equipment record during the previous week;

 

                (b)    ascertain whether the inspections required by Section 344 have been made, the results recorded and all necessary work done;

 

                (c)    certify in the mechanical hoisting equipment record that they have complied with clauses (a) and (b) and make a notation in the record that details any required inspections that were not done or necessary work that was not done.

 

       (3)    At a coal mine, the underground manager and chief coal mine mechanic must review and sign the entries made in the mechanical hoisting equipment record under this Section at least once a month.

 

Non-destructive tests of mechanical components of mine hoisting plant

348 (1)    Before a mine hoisting plant is first used and at regular intervals that are no greater than those recommended by an engineer’s specifications or a manufacturer’s specifications, a person designated under subsection 344(1) must examine all of the following using non-destructive tests to determine their condition, and record the results of each examination in the mechanical hoisting equipment record:

 

                (a)    hoist shafting brake pins and linkages;

 

                (b)    structural parts and attachment pins of a shaft conveyance and counterweight.

 

       (2)    When requested, a mine manager must make drawings of the components required to be examined under subsection (1) available to the person performing the examination.

 

       (3)    The supervisor responsible for the mechanical hoisting equipment must review and sign the record of an examination made under subsection (1).

 

Trimming hoisting rope and balance rope on friction hoist

349 At least once every 18 months that a friction hoist is in service, the portion of the hoisting rope and balance rope that is within the wedge and socket attachments must be cut off, unless the portion is inspected under clause 344(6)(b) and it is found that all of the following conditions are met:

 

(a)there are no broken wires;

 

(b)there is no advanced corrosion;

 

(c)there is no excessive pitting;

 

(d)there is no excessive deformation of wires.

 

Certificate required for shaft conveyances and counterweights

350 (1)    A certificate from the manufacturer or an engineer must be obtained for each shaft conveyance or counterweight in use showing all of the following:

 

                (a)    its serial number;

 

                (b)    the name of the manufacturer;

 

                (c)    1 of the following dates:

 

                         (i)      its date of manufacture,

 

                         (ii)     the date it was certified by an engineer;

 

                (d)    its rated load, as certified by an engineer;

 

                (e)    for a shaft conveyance, the maximum number of persons and the maximum weight that the conveyance may hold, as certified by an engineer.

 

       (2)    In determining the maximum weight that a shaft conveyance may hold for the purpose of clause (1)(e), an engineer must consider the maximum load that the mine hoisting plant is capable of adequately carrying.

 

       (3)    Subject to subsection (4), in determining the maximum number of persons that a shaft conveyance may hold for the purpose of clause (1)(e), an engineer must allot the following space for each person to be carried on the shaft conveyance:

 

                (a)    at least 2000 cm², if the clear floor area of the deck of the shaft conveyance is 2 m² or less;

 

                (b)    at least 1500 cm², if the clear floor area of the deck of the shaft conveyance is more than 2 m².

 

       (4)    The maximum number of persons that a shaft conveyance may hold must not exceed 85% of the maximum load that the conveyance may hold divided by 90 kg.

 

       (5)    A notice must be posted at a conspicuous place at the shaft collar stating the rated load and maximum number of persons as set out on the certificate under subsection (1).

 

       (6)    A shaft conveyance must not be loaded in excess of the maximum number of persons or maximum weight that the conveyance is certified to hold.

 

Examining shaft conveyances and counterweights

351 A competent person must examine a shaft conveyance and counterweight at least once every 5 years it is used and record the results of the examination in the mechanical hoisting equipment record.

 

Maximum allowable design stresses for shaft conveyance

352 (1)    Each part of a shaft conveyance or counterweight must be capable of withstanding at least 4 times the maximum allowable design stresses without permanent distortion to any part of the shaft conveyance or counterweight.

 

       (2)    A certificate from an engineer must be obtained certifying that all parts of a shaft conveyance or counterweight meet the requirements of subsection (1).

 

       (3)    In determining the maximum allowable design stresses for subsection (1), an engineer must refer to the maximum allowable design stresses established by generally accepted engineering principles and consider all of the following for each shaft conveyance or counterweight:

 

                (a)    its weight;

 

                (b)    its rated load;

 

                (c)    any impact load;

 

                (d)    any dynamic load;

 

                (e)    stress concentration factors;

 

                (f)    corrosion;

 

                (g)    metal fatigue;

 

                (h)    effects of the use of different materials in contact with each other.

 

Procedure for commissioning shaft conveyance for transporting persons

353 The mine manager must prepare a procedure for commissioning of a shaft conveyance before persons are transported for the 1st time by the shaft conveyance.

 

Design and construction of cages used to transport persons

354 (1)    A cage that is used to transport persons must be designed and constructed to meet all of the following criteria:

 

                (a)    except for a side that has a door, it has sides that are enclosed by steel plate at least 3 mm thick or by another metal that provides equivalent protection;

 

                (b)    it has a door that is in accordance with subsection (2);

 

                (c)    it has a hood made of steel plate, at least 5 mm thick, or made of another metal that provides equivalent protection;

 

                (d)    if reasonably practicable, it has an exit in the roof that can be opened from inside or outside the cage;

 

(e)it has an internal height greater than 2.1 m;

 

(f)it has a clearance at the door that is greater than 1.8 m high;

 

                (g)    it has adequate ventilation for the persons being transported.

 

(2)A door on a cage must meet all of the following criteria:

 

                (a)    except for a viewing window, it must be made of solid materials;

 

                (b)    it must be strong enough to withstand normal shock loads;

 

                (c)    it must be at least 1.5 m high;

 

                (d)    it must be arranged so that it can be closed whenever persons or materials, except rolling stock or material secured to the cage, are being transported in the cage;

 

                (e)    it must be mounted so that there is only enough clearance at the floor to permit free closing or opening of the door;

 

                (f)    it must be mounted and arranged so that it cannot be opened outward from the cage;

 

                (g)    it must have devices for locking it in the closed position.

 

Chairs for landing cage

355 (1)    Chairs must be used for landing a cage that meet all of the following criteria:

 

                (a)    they must be arranged to fall clear and remain clear of the shaft compartment when the cage is lifted off the chairs;

 

(b)they must be operable only from outside the cage;

 

(c)they must be arranged so they do not distort the cage.

 

       (2)    Chairs that are fastened to shaft station posts must be of a chain type.

 

When skip may be used to transport persons

356 (1)    The mine manager must notify the Director and the committee or representative, if any, of the use of a skip to transport persons.

 

       (2)    A skip must only be used to transport persons if it meets all of the following criteria:

 

                (a)    it has a means for safe entry and exit;

 

                (b)    it has a suitable floor that is adequately fastened;

 

                (c)    it has an enclosure at least 1.0 m high for the persons being transported;

 

                (d)    it has safety catches and mechanisms in accordance with Section 358;

 

                (e)    it has adequate ventilation for the persons being transported.

 

       (3)    A skip must only be used to transport persons in a shaft for the following purposes:

 

                (a)    shaft inspection or examination;

 

                (b)    shaft maintenance;

 

                (c)    in an emergency to hoist injured persons, evacuate persons or fight fire.

 

       (4)    A skip used to transport persons must be designed so that a person cannot fall into an opening between the skip and a shaft opening while entering or exiting the skip.

 

       (5)    A shaft signal pull cord must be located in a convenient place for use when persons are being transported in a skip.

 

Control devices for skip transportation of persons

357 All of the following conditions must be met for a skip that is used to transport persons:

 

                (a)    its hoist must be equipped with control devices that ensure the skip cannot be

 

(i)put in the dump position, or

 

                         (ii)     taken to the skip loading pocket;

 

                (b)    the controls for loading the skip with ore or waste must be inoperative while persons are transported;

 

                (c)    the skip must not travel faster than 5 m/s.

 

Safety catches and mechanisms on shaft conveyance

358 The safety catches and mechanisms on a shaft conveyance must meet all of the following criteria:

 

                (a)    they must be of a type and design certified by an engineer;

 

                (b)    they must be capable of stopping and holding a shaft conveyance that is transporting persons if the supporting shaft rope or attachment breaks.

 

Free fall test of cage

359 (1)    A cage that is supported by a single rope must be subjected to a free fall test that is supervised by a competent person designated by the mine manager at all of the following times:

 

                (a)    before the cage is used to transport persons;

 

                (b)    after any repairs to correct distortion of the safety catches or mechanisms.

 

       (2)    Except as provided in subsection (1), the following cages do not have to be subjected to a free fall test if the original model of the cage has passed the test and the test results are recorded:

 

                (a)    a rebuilt cage;

 

                (b)    a cage that is identical in design to a cage that has passed the test.

 

       (3)    A person designated under subsection (1) must conduct a free fall test on a cage and all of the following conditions must be met during the test to ensure the proper functioning of safety mechanisms and safety catches on the cage:

 

                (a)    the cage must carry a weight equal to the maximum load of persons and material that may be carried at the same time;

 

                (b)    the cage must travel at 1 of the following speeds:

 

                         (i)      a speed equal to the normal hoisting speed for when transporting persons,

 

(ii)the speed attained by a free fall of 1.5 m;

 

                (c)    the guides along which the cage moves must be of the same specifications as the guides in the shaft the cage will operate in.

 

       (4)    A person performing a free fall test on a cage must ensure that the speed attained by the free fall does not exceed the speed attained by a free fall of the cage of 1.5 m, unless the design and configuration of the safety catches are tested before the free fall test at the normal hoisting speed for when transporting persons.

 

       (5)    A free fall test on a cage may be performed in any of the following places:

 

                (a)    in a test tower that duplicates the conditions in the shaft in which the cage will be operated;

 

                (b)    in the manufacturer’s or a third party’s facility before the cage is installed in the mine.

 

       (6)    Documentation of a test performed under subsection (7) must be kept at the mine.

 

       (7)    A free fall test for a cage is successfully passed if all of the following conditions are met:

 

                (a)    the cage decelerates to a stop at an average rate of at least 9 m/s² and not faster than 20 m/s²;

 

                (b)    there is no damage to the safety catches and mechanisms;

 

                (c)    the safety catches engage the guides continuously during deceleration.

 

Certification of free fall test

360 A cage that is supported by a single rope must not be used unless a competent person has certified that the cage has successfully passed a free fall test in accordance with Section 359.

 

Crossheads for buckets

361 (1)    A bucket equipped with a crosshead must be used during shaft sinking or deepening if the distance between a sheave and the shaft bottom is greater than 100 m.

 

       (2)    A crosshead must meet all of the following criteria:

 

                (a)    the crosshead must land on at least 2 chairs at the bottom crosshead stop to prevent distortion;

 

                (b)    the crosshead must be attached to the shaft rope by a safety appliance in such a manner that if the crosshead jams in the shaft compartment, the bucket is stopped;

 

                (c)    the crosshead must be of a type that encloses the bucket, unless all of the following are met:

 

(i)the shaft compartment is tightly lined,

 

(ii)the bucket is barrel shaped.

 

       (3)    Devices for a crosshead must be installed that directly indicate all of the following to the hoist operator:

 

                (a)    that the crosshead and bucket are descending together from the bucket dumping position;

 

                (b)    that the service doors are no longer obstructing the shaft compartment serviced by those doors;

 

                (c)    that the dump doors are no longer obstructing the shaft compartment serviced by those doors.

 

Service doors for sinking compartment of shaft

362 Service doors must be provided to cover the sinking compartment of a shaft that meet all of the following criteria:

 

                (a)    they are constructed, maintained and inspected in accordance with the manufacturer’s specifications;

 

                (b)    they are installed at the collar and any other place in the shaft where tools and materials are loaded into or unloaded from the bucket;

 

                (c)    they are opened and latched out by mechanical devices when located out of the shaft compartment;

 

                (d)    they are closed when a bucket is being loaded or unloaded with tools and other materials;

 

                (e)    they are closed when persons are entering or leaving a bucket, unless a closed crosshead provides equal protection for persons.

 

Dump doors for buckets

363 Dump doors must be installed, constructed, inspected and maintained at the bucket dumping position in a shaft that meet all of the following criteria:

 

                (a)    they prevent a bucket from being dumped when the dump doors are open;

 

                (b)    they prevent any material from falling down the shaft while the bucket is being dumped;

 

                (c)    they automatically close and lock by mechanical devices when they are no longer obstructing the shaft compartment.

 

Movement of buckets

364 (1)    A person designated under Section 373 for a shaft conveyance must not allow a bucket to leave the top or bottom of the shaft until the bucket is steadied.

 

       (2)    When a bucket is returning to the shaft bottom, a hoist operator must do all of the following:

 

                (a)    stop the bucket at a distance of at least 5 m and not more than 10 m above the bottom of the shaft;

 

                (b)    lower the bucket slowly below the point at which it stopped under clause (a) only on a separate signal.

 

       (3)    A bucket must not be filled so that a piece of a loose rock projects above the level of the rim.

 

Procedure for testing overwind and underwind protective devices on hoist

365 The mine manager must prepare a procedure for testing the overwind and underwind protective devices of a hoist.

 

Ladders during shaft sinking

366 During shaft sinking, there must be a ladder from the bottom of the shaft to the first place where a person can exit or be hoisted out of the shaft.

 

Hoist operator’s duties

367 (1)    A hoist operator must perform all of the following duties:

 

                (a)    at the start of the hoist operator’s shift,

 

                         (i)      test for the satisfactory working conditions of the hoist brakes and check safety devices, as recommended by the designer or manufacturer or as specified by an engineer, whichever is more stringent,

 

                         (ii)     test the holding capacity of any friction clutch, in accordance with a procedure for the hoist prepared by the mine manager;

 

                (b)    test the overwind and underwind protective devices by operating the hoist into them at all of the following times in accordance with the procedure prepared under Section 365:

 

                         (i)      at least once every 24 hours that the hoist is in use, or more frequently if recommended by the designer or manufacturer or specified by an engineer,

 

                         (ii)     before using the hoist, after the hoist has been idle for longer than 48 hours;

 

                (c)    remain at the hoist controls when the hoist is in motion under manual control;

 

                (d)    before leaving the controls of a hoist that is being manually controlled, set the brakes and controls so that at least 2 separate and distinct actions are required to put the hoist in motion during any absence of the hoist operator from the hoist controls;

 

                (e)    when a signal for hoist movement is given, allow at least 5 seconds to elapse before moving the hoist;

 

                (f)    complete the hoist movement required by an executive signal unless there is a signal to stop or an emergency signal;

 

                (g)    after receiving the signal indicating that persons are entering or leaving a shaft conveyance, remain at the hoist controls unless advised orally by the person responsible for the shaft conveyance that hoist movement is not required;

 

                (h)    give persons entering a skip an audible or visual signal that all control devices are set in operation.

 

       (2)    A hoist operator must not do any of the following:

 

                (a)    communicate by voice when the hoist is in motion and under the hoist operator’s manual control if voice communication would decrease the ability of the hoist operator to operate the hoist adequately, except

 

                         (i)      in an emergency,

 

                         (ii)     for essential operational requirements, or

 

                         (iii)    when the hoist is being examined or maintained;

 

                (b)    operate the hoist to transport a person unless at least 2 brakes can be applied to stop the drum;

 

                (c)    lower or raise persons on a shaft conveyance that is supported by an unclutched hoist drum.

 

Hoist operator record for hoist

368 (1)    At the beginning of a shift, a hoist operator must review and sign all entries in the hoist operator record for the previous 2 shifts during which the hoist was operated.

 

       (2)    For each shift worked, a hoist operator must record all of the following in the hoist operator record:

 

                (a)    the hoist operator’s actual starting and finishing time;

 

                (b)    the working condition of all of the following:

 

                         (i)      hoist brakes, including solenoids, clutches and brake-clutch interlocks,

 

(ii)depth indicators,

 

(iii)signal system,

 

(iv)hoist controls,

 

                         (v)     motors,

 

                         (vi)    overspeed protective devices,

 

                         (vii)   track limits,

 

                         (viii)  safety circuit,

 

                         (ix)    ammeter,

 

                         (x)     speed indicator,

 

                         (xi)    shaft obstruction indicator,

 

                         (xii)   manual safety devices,

 

                         (xiii)  devices that could affect the safe operation of the hoist;

 

                (c)    any instructions given to the hoist operator affecting hoist operations other than instructions to move a shaft conveyance;

 

                (d)    anything unusual that occurred during the operation of the hoist and any action taken;

 

                (e)    the results of any tests performed on the hoist;

 

(f)the results of test trips;

 

(g)the details of any inadvertent stoppages.

 

       (3)    A person who issues instructions to the hoist operator that affect hoist operations, other than instructions to move a shaft conveyance, must sign the instructions in the hoist operator record.

 

       (4)    Each working day, a supervisor responsible for a hoist must review and sign the hoist operator record for the previous 24 hours that the hoist was operated.

 

       (5)    A hoist operator record must be kept in the hoist station and a hoist operator and supervisor must have access to the hoist operator record.

 

Duty to not interfere with hoist or hoist operator

369 (1)    A person must not interfere with a hoist or an operator of a hoist, including do any of the following:

 

                (a)    enter a hoist station, unless authorized by the mine manager;

 

                (b)    operate or interfere with devices or controls for operating a hoist, unless authorized by the mine manager;

 

                (c)    communicate with a hoist operator while a hoist operator is operating a hoist on manual control, except

 

                         (i)      in an emergency,

 

                         (ii)     for essential operational requirements, or

 

                         (iii)    when the hoist is being examined or maintained;

 

                (d)    unnecessarily distract a hoist operator;

 

                (e)    be on a cage while it is being placed onto or removed from chairs;

 

                (f)    be in, on or under a shaft conveyance or counterweight that is supported by an unclutched drum, unless the shaft conveyance or counterweight is secured in position during shaft sinking or preliminary development work during shaft sinking;

 

                (g)    leave a shaft conveyance that has inadvertently stopped at a point other than a shaft station, except upon instruction from a person authorized by a supervisor outside the shaft conveyance;

 

                (h)    use a chair for landing a cage in a shaft, unless the signal for chairing is made and returned.

 

       (2)    The following warning signs must be posted in a conspicuous place at the following locations:

 

                (a)    in a hoist station, a sign warning that a person must not communicate with a hoist operator while the hoist operator is operating a hoist on manual control, except

 

                         (i)      in an emergency,

 

                         (ii)     for essential operational requirements, or

 

                         (iii)    when the hoist is being examined or maintained;

 

                (b)    immediately outside a hoist station, a sign warning that a person must not enter the hoist station unless authorized by the mine manager.

 

Hoist not to be operated if shaft is damaged or obstructed

370 If an object that could be a hazard to the operation of a shaft conveyance or counterweight falls down a shaft, or if there is reason to believe that there is damage to a shaft or an obstruction to the normal movement of a shaft conveyance or counterweight, the normal operation of a hoist in the shaft must not resume until all of the following are done:

 

                (a)    any obstructions are removed from the shaft;

 

                (b)    any damage affecting the operation of the hoist is repaired;

 

                (c)    the unoccupied shaft conveyance or counterweight successfully passes through the area of the shaft that was affected;

 

                (d)    the shaft conveyance passes through the area of the shaft referred to in clause (c) for a 2nd time with a competent person onboard who inspects the area and determines there is no longer a hazard.

 

Hoisting procedures

371 (1)    The mine manager must prepare procedures to be followed in operating a hoist in any of the following circumstances:

 

                (a)    during an emergency;

 

                (b)    when there is an inadvertent hoist stoppage.

 

       (2)    The mine manager must prepare a procedure for removing persons from a shaft conveyance that stops inadvertently at a point other than a shaft station.

 

       (3)    The mine manager must prepare a procedure for testing the holding capacity of any friction clutch.

 

Hoist operator available for automatic hoist when persons underground

372 A hoist operator must be available at a mine to manually operate an automatic hoist when persons are underground.

 

Designation of competent person for shaft conveyance

373 The mine manager must designate a competent person who must do all of the following:

 

                (a)    give audible signals to the hoist operator for the movement of a shaft conveyance;

 

(b)be responsible for shaft conveyances within a shaft;

 

(c)maintain discipline of persons riding in shaft conveyances;

 

(d)enforce the load limits for shaft conveyances;

 

                (e)    inform the hoist operator of heavy loads or irregularly shaped loads on or under a shaft conveyance.

 

Hoist signal procedure

374 (1)    Signals for hoist movement must be given only by the hoist operator and a person designated to give signals for hoist movement under Section 373.

 

       (2)    If a sequence of signals is given, a person referred to in subsection (1) must give the signals in the following order:

 

                (a)    cautionary: indicates persons are entering or leaving the shaft conveyance or indicates a serious occurrence at the shaft;

 

                (b)    destination: indicates a specific location in the shaft to which a shaft conveyance is to be moved;

 

                (c)    executive: to either stop the shaft conveyance or move the shaft conveyance up or down in a specified manner or at a specified speed.

 

       (3)    A signal for hoist movement must be given when the shaft conveyance or counterweight is at the same location as the person signalling, except during shaft sinking and preliminary shaft development or when maintenance work is being carried out in a shaft.

 

       (4)    A hoist operator must ensure that a person does not move a hoist on manual control unless all of the following happen:

 

(a)the signal required by this Section is given;

 

                (b)    the signal is returned by the hoist operator;

 

                (c)    at least 5 seconds elapse after the executive signal is given.

 

Code of signals

375 (1)    Before operating a hoist for the first time, an adequate code of signals must be approved and implemented by the mine manager.

 

       (2)    A hoist operator and the persons designated under Section 373 to use the code of signals must be trained in the use of the code of signals.

 

       (3)    The code of signals must be posted in a conspicuous place in all hoist stations and shaft stations.

 

Transporting equipment and supplies

376 (1)    Equipment or supplies that are in a shaft or are being transported in a shaft must be secured in accordance with all of the following conditions:

 

                (a)    if in a shaft conveyance, they must be adequately loaded and secured to prevent shifting;

 

                (b)    if secured to a hoisting rope of a shaft conveyance, they must be secured to prevent damage to the hoisting rope and to allow the safety mechanisms of the shaft conveyance to operate;

 

                (c)    if transported below the shaft conveyance or crosshead, they must be suspended to prevent contact with shaft furnishings.

 

       (2)    A suspension system or arrangement used to transport equipment or supplies below a shaft conveyance or crosshead must be capable of withstanding at least 4 times the maximum load without permanent distortion to any component of the system or arrangement, taking into consideration all factors, including the maximum allowable design stress factors in subsection 352(3).

 

       (3)    An engineer must certify that a suspension system or arrangement used to transport equipment or supplies below a shaft conveyance or crosshead meets the requirement in subsection (2).

 

Loading gates for skips

377 The loading gate on equipment used to directly discharge material into a skip must lock so that power is required to be applied to the loading gate’s lock before the loading gate opens.

 

Transporting persons and materials together in shaft conveyance

378 A person must not be transported in a shaft conveyance except in accordance with the following conditions:

 

                (a)    when explosives are being transported, the person is required for handling the explosives and all of the following conditions are met:

 

                         (i)      space is provided for the safety of the person,

 

                         (ii)     the total load on the shaft conveyance does not exceed 85% of its rated load as certified under clause 350(1)(d).

 

                (b)    when supplies or rolling stock are being transported, 1 of the following applies:

 

                         (i)      the supplies and the rolling stock are adequately secured,

 

                         (ii)     space is provided for the safety of the person,

 

                         (iii)    the total load on the shaft conveyance does not exceed 85% of its rated load as certified under clause 350(1)(d),

 

                         (iv)    the shaft conveyance is a multi-deck cage, in which all of the following conditions are met:

 

                                    (A) the materials are carried on a deck other than the top deck,

 

                                    (B)  the materials are adequately secured,

 

                                    (C)  the persons are carried on the top deck;

 

                (c)    the hoist that is raising or lowering the shaft conveyance is not being used to transport ore or waste;

 

                (d)    when personal hand tools or equipment are being transported, all of the following conditions are met:

 

(i)the tools or equipment are secured,

 

                         (ii)     space is proved for the safety of the person,

 

                         (iii)    the total load on the shaft conveyance does not exceed 85% of its rated load as certified under clause 350(1)(d);

 

                (e)    if the shaft conveyance is a cage, the cage doors are closed and the shaft station gate is closed;

 

                (f)    a person designated under Section 373 is present at the shaft conveyance.

 

Shaft conveyance required for vertical depth exceeding 100 m

379 A shaft conveyance must be provided for hoisting and lowering persons in a shaft that exceeds 100 m in vertical depth.

 

Prohibition against shaft conveyance being inoperable

380 (1)    Except as provided in subsection (2), a shaft conveyance must not be rendered inoperable if the shaft conveyance might be necessary to evacuate persons from the underground.

 

       (2)    A shaft conveyance may be rendered inoperable as long as any persons maintaining the shaft conveyance are provided with an adequate means of exiting the underground in accordance with these regulations.

 

Closing off shaft for repair

381 When repair work is being done in a shaft, or at any other time when the shaft could be dangerous to a person entering it, all of the following must be done:

 

                (a)    entry to the shaft must be limited by such means as closing doors or placing adequate barricades across the entrances to the shaft;

 

                (b)    warning signs must be posted in conspicuous places at all entrances to the shaft.

 

Design and procedures for work platform in shaft

382 (1)    A moveable work platform, other than a shaft conveyance used as a work platform, that is used to transport and support a person performing work in a shaft, must be certified by an engineer in accordance with generally accepted engineering principles.

 

       (2)    The mine manager must prepare a procedure for the safe use of work platforms used in shafts that are not shaft conveyances.

 

 

Part 11 - Mine Hoisting Plants for Slopes

 

Definitions for Part[ 11]

383 In this Part, all of the following definitions apply:

 

“automatic hoist” means a device that is used for transporting a mine car in a slope and does not require the constant attention of a hoist operator;

 

“slope obstruction” means a protrusion in a slope in which hoisting may be carried out.

 

References in Part are to mine hoisting plant used in slope

384 In this Part, all references to a mine hoisting plant and its parts are to a mine hoisting plant used in a slope.

 

Procedures for safely operating mine hoisting plant

385 The mine manager must prepare procedures for safely operating a mine hoisting plant and the procedures must specify the conditions for which persons may be transported by the mine hoisting plant in accordance with these regulations.

 

Tests and report by engineer on mine hoisting plant

386 A mine hoisting plant must be tested in accordance with all of the following before the mine hoisting plant is put into initial service at a mine site:

 

                (a)    the effectiveness of the brakes, clutches, overwind devices and other controls of the mine hoisting plant must be tested;

 

                (b)    a report of the tests required by clause (a) must be prepared by an engineer;

 

                (c)    the results of the tests required by clause (a) must be certified as satisfactory by the engineer who prepared the report.

 

Defective or non-repaired mine hoisting plant

387 A mine hoisting plant that has a defect that could affect the health or safety of mine workers, or that is in need of repair, must not be operated except to correct the defect or carry out the repair.

 

Records for inspections, tests, calibrations and maintenance

388 (1)    A competent person must make a record of each inspection, test, examination, calibration, adjustment and maintenance required for a mine hoisting plant.

 

       (2)    All of the following records must be created for a mine hoisting plant:

 

                (a)    an electrical hoisting equipment record, for the electrical component inspections required by subsection 416(2);

 

                (b)    a mechanical hoisting equipment record, for the mechanical components inspections required by Section 418 and the mechanical components testing required by Section 422;

 

                (c)    a hoist operator record, for the hoist operator information required by Section 429.

 

       (3)    For the purposes of subclause 11(c)(iii), the records required by subsection (1) must be kept for 2 years after the date the mine hoisting plant is no longer used at the mine.

 

Bankhead design

389 (1)    A bankhead must meet all of the following criteria:

 

                (a)    the bankhead must be designed in accordance with generally accepted engineering principles;

 

                (b)    the bankhead must be constructed according to a design certified by an engineer;

 

                (c)    the bankhead must be certified by an engineer as being strong enough to safely withstand all the loads it may be subjected to.

 

       (2)    To guard against overwind in a slope, an engineer must certify the appropriate minimum and maximum horizontal distances for a bankhead.

 

Slope obstructions

390 (1)    Protective devices must be used and a procedure must be prepared by the mine manager, including plans and instructions, to prevent a mine car from coming into contact with an obstruction on a slope.

 

       (2)    Except as provided in subsection (3) any device that could become a slope obstruction must be adequately secured to prevent a mine car from coming into contact with the obstruction.

 

       (3)    Subsection (2) does not apply to ventilation devices in a slope, such as air lock doors, but the mine manager must prepare a procedure for these devices to prevent a mine car from coming into contact with the devices.

 

       (4)    The mine manager must prepare a procedure, including plans and instructions for operating a hoist where there is a slope obstruction or an object that could become a slope obstruction, and a copy of the procedure must be posted in the hoist station for use by the hoist operator.

 

Hoist station designed to limited audible signals

391 A hoist station must be designed, constructed and maintained so that the hoist operator cannot receive audible signals other than the following:

 

                (a)    signals given by the person designated under Section 434;

 

                (b)    signals given by a person authorized by these regulations to communicate with the hoist operator.

 

Hoist certificate for hoist

392 (1)    A certificate for a hoist must be obtained from the manufacturer of the hoist or an engineer that certifies all of the following maximums for the hoist:

 

                (a)    the maximum hoisting rope pull;

 

                (b)    the maximum operating load.

 

       (2)    A hoist must not be loaded in excess of the maximums certified under subsection (1).

 

Hoist brakes

393 (1)    A hoist must not be used unless it has a braking system with at least 2 sets of mechanical brakes to stop and hold the drum of the hoist.

 

       (2)    A set of mechanical hoist brakes must meet all of the following criteria:

 

                (a)    the set must be capable of stopping and holding the drum when the hoist is operating at its maximum operating load;

 

                (b)    the set must be arranged so that each set can be tested and calibrated independently;

 

                (c)    the set must be arranged to apply normal braking effort before a linkage or brake piston reaches its limit of travel.

 

       (3)    At least 1 set of mechanical hoist brakes must do all of the following:

 

                (a)    the set must apply directly to the drum;

 

                (b)    the set must apply automatically when any of the following happens:

 

                         (i)      the safety circuit of the hoist is tripped,

 

                         (ii)     the pressure in the hydraulic or pneumatic system for applying brakes drops below normal,

 

                         (iii)    there is a loss of power to the hoist or hoist brake.

 

       (4)    A hoist braking system must be arranged on a hoist in accordance with all of the following:

 

                (a)    the manufacturer’s specifications;

 

                (b)    so that any brake weight installed to provide auxiliary braking force can be readily tested and calibrated for freedom of movement.

 

Clutch on hoist

394 (1)    The clutch of a drum hoist must be interlocked with the brake so that all of the following criteria are met:

 

                (a)    the clutch can be disengaged only when the brake on the drum is fully applied;

 

                (b)    the clutch must be fully engaged before the brake on the drum can be released.

 

       (2)    The controls for engaging and disengaging the clutch on a hoist must be guarded to prevent them from being inadvertently operated.

 

       (3)    A hoist must not be equipped with a band-type friction clutch.

 

Drum to hoisting rope ratios for hoist

395 The ratio of the drum hoist diameter to the hoisting rope diameter and the ratio of the sheave diameter to the hoisting rope diameter must be equal to or greater than the following ratios:

 

                (a)    60 to 1, if the nominal hoisting rope diameter is 25.4 mm or less;

 

                (b)    80 to 1, if the nominal hoisting rope diameter is more than 25.4 mm.

 

Hoists that must not be used to transport persons

396 A steam-powered hoist or an air-powered hoist must not be used to transport persons.

 

Grooves and flanges on drum hoist

397 (1)    The drum of a drum hoist must meet all of the following requirements:

 

                (a)    it must have grooves that properly fit the hoisting rope, unless the hoist is being used for slope development or preliminary development work during slope development, in which case the drum may be smooth;

 

                (b)    there must be at least 5 dead turns of the hoisting rope on the drum.

 

       (2)    The drum of a drum hoist must have flanges that meet all of the following criteria:

 

                (a)    the flanges are high enough to contain all the hoisting rope;

 

                (b)    the flanges are strong enough to withstand the maximum load likely to be imposed on them by the hoisting rope.

 

       (3)    A drum hoist that has a conical drum must have grooves on the drum that prevent the hoisting rope from slipping off the drum.

 

Sheave arrangements for rope winding

398 A drum hoist and a sheave must be arranged so that the hoisting rope does all of the following:

 

                (a)    coils properly across the face of the drum;

 

                (b)    winds smoothly from 1 layer to another;

 

                (c)    winds without cutting into the hoisting rope layer beneath.

 

Depth indicator required on hoist

399 A hoist must be equipped with depth indicators that continuously, accurately and clearly show the hoist operator the position of all of the following:

 

                (a)    mine cars;

 

                (b)    the limits of normal travel for mine cars;

 

                (c)    slope obstructions;

 

                (d)    overwind, underwind and track limit devices trip points.

 

Certificate required for sheave

400 (1)    Before a sheave is first used or relocated in a mine hoisting plant, a certificate for the sheave must be obtained from the manufacturer of the sheave or an engineer that certifies all of the following for the sheave:

 

                (a)    the maximum rated load of the sheave;

 

                (b)    the diameter of hoisting rope the sheave is designed for;

 

                (c)    the breaking strength of the hoisting rope the sheave is designed for;

 

                (d)    the maximum amount of groove wear that is permitted for the sheave.

 

       (2)    A person must not use a sheave, other than in compliance with the certificate under subsection (1).

 

Construction and identification of sheave

401 (1)    A sheave in a mine hoisting plant must be constructed to meet all of the following criteria:

 

                (a)    the sheave must be made of materials that will withstand the ambient temperatures;

 

                (b)    the sheave must be fitted with a groove to fit the hoisting rope being used.

 

       (2)    A sheave in a mine hoisting plant must be marked with all of the following information:

 

                (a)    a unique serial number;

 

                (b)    1 of the following dates:

 

                         (i)      the date of its manufacture,

 

                         (ii)     the date it was certified by an engineer.

 

Testing shaft of sheave

402 The shaft of a sheave in a mine hoisting plant must be tested by a competent person for flaws using a non-destructive test at all of the following times:

 

                (a)    before it is installed;

 

                (b)    immediately after it is installed;

 

                (c)    annually or as recommended by the manufacturer, whichever is more frequent.

 

Safety circuits and safety devices for hoist

403 (1)    A hoist must not be used unless it has a safety circuit that meets all of the following criteria:

 

                (a)    the safety circuit is fail-safe;

 

                (b)    when tripped, the safety circuit de-energizes the hoist motors.

 

       (2)    All safety devices or switches for a hoist must be effective under the environmental conditions at their operating locations.

 

       (3)    The safety circuit of a hoist must be tripped when any of the following happens:

 

                (a)    there is a failure in the power supply to the hoist electrical system that could affect the safe operation of the hoist;

 

                (b)    there is an overload on the hoist motors of a magnitude or duration exceeding the manufacturer’s specifications;

 

                (c)    there is a short circuit in the hoist electrical system;

 

                (d)    a safety switch or device required on the hoist by these regulations is activated.

 

Safety switches and devices for hoist

404 (1)    A safety switch that enables a person to trip the safety circuit of a hoist must be installed that meets all of the following criteria:

 

                (a)    the switch is located within easy reach of the hoist operator when at the controls;

 

                (b)    the switch is readily recognizable;

 

                (c)    the switch is readily operable.

 

       (2)    A track limit device must be installed on each track that trips the safety circuit of a hoist when a mine car travels below or above its designed limits of travel.

 

       (3)    Devices must be installed on a hoist that protect a mine car from all of the following:

 

                (a)    an overwind;

 

                (b)    an underwind,

 

                (c)    approaching the limits of travel at an excessive speed;

 

                (d)    operating at a faster speed than the mine hoisting plant is designed and intended for.

 

       (4)    A device required by subsection (3) must meet all of the following criteria:

 

                (a)    the device must trip the safety circuit of the hoist when activated;

 

                (b)    the device must be driven by the drum;

 

                (c)    the device must be in motion when the hoist is in motion;

 

                (d)    the device must be set to stop the hoist before a mine car or its attachments make contact with a bankhead or headframe.

 

       (5)    A device on a hoist must be installed that synchronizes the position of a mine car with the devices required by subsection (3).

 

Monitors and devices for hoist

405 A hoist must be equipped with all of the following:

 

                (a)    for an electrically-powered hoist, an ammeter within clear view of the hoist operator that indicates the hoist motor current;

 

                (b)    an audible device that warns the hoist operator when the hoist is approaching the position where a reduction in speed is necessary for safe manual braking, unless the hoist automatically slows down when the limits of travel are reached;

 

                (c)    a device that indicates the speed of the hoist;

 

                (d)    adequate back-out devices that allow a mine car that has travelled beyond its normal limits of travel to be returned to within its normal limits of travel;

 

                (e)    adequate by-pass devices that allow a mine car to travel beyond the normal limits of travel;

 

                (f)    a master controller device with a neutral or brake reset position;

 

                (g)    a device that prevents power to the hoist from being restored unless the brakes are applied.

 

Competent person adjusts safety device of hoist

406 (1)    The mine manager must designate a competent person to adjust the safety devices of a hoist.

 

       (2)    A person other than a designated competent person under subsection (1) must not adjust a safety device of a hoist.

 

Design and installation of operating controls of automatic hoist

407 A selector device must be installed on an automatic hoist that makes it possible to choose a manual or automatic means of controlling the hoist and is

 

                (a)    readily accessible to the manual controls; and

 

                (b)    operated only by a designated competent person.

 

Control devices on hoist to be fail-safe

408 The control devices of all hoists must be fail-safe.

 

Testing hoist ropes before first use

409 Before a hoist rope is first used, all of the following must be done:

 

                (a)    a representative sample at least 2.5 m long must be tested for its breaking strength by a competent cable-testing laboratory using a destructive test;

 

                (b)    a certificate of the test must be obtained from the laboratory that states the breaking strength.

 

Regular testing of hoisting ropes

410 (1)    In this Section, “lay length” means the length of rope required for a strand of the rope to make 1 complete spiral around the rope’s core.

 

       (2)    A hoisting rope must not be used unless all of the following are done at least once a month to determine the strength of a hoisting rope:

 

                (a)    a portion of the hoisting rope that is at least 2.5 m long is cut off at the lower end above the rope attachments of the mine car, has its ends fastened to prevent unravelling and is submitted to a competent cable-testing laboratory for a test of its breaking strength by a destructive test;

 

                (b)    a certificate of the test is obtained from the laboratory that states the breaking strength.

 

       (3)    A competent person must test a hoisting rope throughout its working length by using a non-destructive testing device at the following intervals:

 

                (a)    at least every 4 months;

 

                (b)    if, by extrapolating the results of past tests of the rope, it is predicted that 10% or more of the breaking strength of the rope, as set out in the certificate required by clause 409(b), will be lost before the next prescribed test, at intervals shorter than every month.

 

       (4)    The results of the test referred to in subsection (3) must be kept in the mechanical hoisting equipment record.

 

       (5)    If a test of a hoisting rope shows a loss in breaking strength of the rope that exceeds 7.5% of the breaking strength set out in the certificate obtained under clause 409(b), an employer must do all of the following:

 

                (a)    prepare a report of the test;

 

                (b)    notify the Director of the report;

 

                (c)    provide a copy of the report to the committee or representative, if any.

 

       (6)    A hoisting rope must not be used in any of the following circumstances:

 

                (a)    the extension of a test piece decreases to less than 60% of its original extension when tested to destruction and marked corrosion or considerable loss in wire torsions has occurred;

 

                (b)    the number of broken wires, excluding filler wires, in any section of the rope equal to 1 lay length exceeds 5% of the total number of wires excluding filler wires;

 

                (c)    a destructive test of the hoisting rope shows a loss in breaking strength of the rope that exceeds 10% of the breaking strength set out in the hoisting rope’s original certificate of testing obtained under clause 409(b).

 

24-hour notice when hoisting rope taken out of service

411 (1)    The mine manager must notify the Director in writing no later than 24 hours after a hoisting rope is taken out of service under these regulations.

 

       (2)    The notification required by subsection (1) must include all of the following:

 

                (a)    the date the rope was removed from service;

 

                (b)    the reason the rope was removed from service.

 

Prohibition against hoisting rope that is spliced or reversed

412 A rope that is spliced or reversed must not be used as a hoisting rope, other than for endless haulage.

 

Minimum nominal diameter of hoisting rope

413 The minimum nominal diameter of a hoisting rope used on a hoist must be greater than 16 mm if only 1 rope supports a mine car.

 

Factors of safety for hoisting ropes

414 A hoisting rope installed on a drum hoist, when installed, must have the following minimum factors of safety:

 

                (a)    5.0, at the point the rope leaves the head sheave when the mine car is at its lowest point of normal travel;

 

                (b)    at the point the rope is attached to a mine car,

 

                         (i)      8.5, for a mine car that carries persons,

 

                         (ii)     7.5, for a mine car that does not carry persons.

 

Hoisting rope attachments

415 (1)    Only closed-type attachment devices that will not inadvertently disconnect from a mine car must be used to attach a mine car to a hoisting rope.

 

       (2)    A wedge-type attachment that is used to attach a hoist rope to a mine car must be certified as adequate by the manufacturer of the attachment or an engineer and must be re-certified every 6 years by the manufacturer or an engineer.

 

       (3)    If rope clips are used on a hoisting rope, an engineer must certify all of the following:

 

                (a)    the number of clips to be used;

 

                (b)    the torque to be applied when installing the clips.

 

       (4)    When the attachment devices for a hoisting rope attached to a mine car are first installed, or re-installed after disassembling, a competent person must carry out all of the following until the hoist operates adequately:

 

                (a)    2 test trips of the mine car through the working part of the slope while the mine car is carrying a normal load;

 

                (b)    an examination of the attachment devices when the test trips required by clause (a) are completed;

 

                (c)    any necessary adjustment devices to the attachments;

 

                (d)    a retest of the attachment devices in accordance with clauses (a), (b) and (c).

 

       (5)    A competent person who carries out the tests under subsection (4) must record the test trips, examinations and any adjustments made in the mechanical hoisting equipment record.

 

Inspecting electrical components of mine hoisting plant

416 (1)    The mine manager must designate a competent person to inspect the electrical components of a mine hoisting plant in accordance with this Section.

 

       (2)    Unless a greater frequency or a different type of inspection is recommended by the manufacturer or specified by an engineer, a person designated under subsection (1) must inspect all of the following at least once a week:

 

                (a)    hoist motors;

 

                (b)    hoist controls;

 

                (c)    electrical safety devices and interlocks;

 

                (d)    communication systems related to the hoist.

 

       (3)    A person designated under subsection (1) must record the results of the inspections performed under this Section, and any servicing and repairs carried out, in the electrical hoisting equipment record.

 

Reviewing electrical hoisting equipment record

417 (1)    The person responsible for electrical hoisting equipment who is on duty at the time a failure or accident occurs must record a failure or accident involving any of the following in the electrical hoisting record:

 

                (a)    an electrical component of a hoist motor;

 

                (b)    hoist control;

 

                (c)    a hoist safety device;

 

                (d)    a hoist signalling device.

 

       (2)    The designated person responsible for a mine hoisting plant must do all of the following for the electrical hoisting equipment record at least once a week:

 

                (a)    review the entries made in the record during the previous week;

 

                (b)    ascertain whether the inspections required by Section 416 have been made, the results recorded in the record and all necessary work done;

 

                (c)    certify in the record that they have complied with clauses (a) and (b) and make a notation in the record that details required inspections that were not done or necessary work that was not done.

 

       (3)    At a coal mine, the underground manager and the chief coal mine electrician must review and sign the entries made in the electrical hoisting equipment record under this Section at least once a month.

 

Inspecting mechanical components of mine hoisting plant

418 (1)    The mine manager must designate a competent person to inspect and examine the mechanical components of a mine hoisting plant in accordance with this Section.

 

       (2)    A person designated under subsection (1) must inspect all of the following at least once every working day a mine hoisting plant is in service:

 

                (a)    the exterior of each hoisting rope and its attachments to detect the presence of kinks or other damage;

 

                (b)    the safety chains and brakes on the first mine car attached to the hoisting rope to detect the presence of kinks or other damage.

 

       (3)    A person designated under subsection (1) must inspect all of the following at least once a week:

 

                (a)    head, deflection and idler sheaves, and their shafting, bearer plates and sole plates;

 

                (b)    the attachments of each mine car;

 

                (c)    mine cars;

 

                (d)    mine car safety devices, for proper adjustment and freedom of movement;

 

                (e)    brakes, brake-clutch interlocks and depth indicators;

 

                (f)    auxiliary brake operating weights, to verify their freedom of movement and holding capacity.

 

       (4)    A person designated under subsection (1) must inspect a hoisting rope at least once a month to determine all of the following:

 

                (a)    the amount of wear, distortion and corrosion;

 

                (b)    the need for lubrication;

 

                (c)    the need for changing the wear patterns;

 

                (d)    the number and location of broken wires.

 

       (5)    A person designated under subsection (1) must examine the hoisting rope within the attachments at the drum and at the point the rope attaches to the drum at least once every 6 months.

 

       (6)    A person designated under subsection (1) must inspect all of the following at least once every 12 months:

 

                (a)    the bolt locking devices, foundation bolts and all bolts critical to hoist safety;

 

                (b)    all structural elements of the headframe, including headframe foundation, backlegs and sheave deck.

 

Cleaning and dressing hoisting ropes

419 (1)    The mine manager must designate a competent person to clean and dress with lubricant the hoisting ropes in use on a drum hoist.

 

       (2)    At least once a month, a person designated under subsection (1) must clean and dress with lubricant the hoisting ropes in use on a drum hoist.

 

       (3)    A person designated under subsection (1) must make a record of the cleaning and dressing in the mechanical hoisting equipment record.

 

       (4)    The mine manager must ensure that a record made under subsection (2) is dated and signed by the supervisor responsible for the work.

 

Mechanical hoisting equipment record

420 (1)    A person designated under subsection 418(1) must record the results of the inspections performed under Section 418 and any servicing and repairs carried out in the mechanical hoisting equipment record.

 

       (2)    The mine manager must ensure that a record made under subsection (1) is dated and signed by the supervisor responsible for the work.

 

Reviewing mechanical hoisting equipment record

421 (1)    The person responsible for mechanical hoisting equipment must record a failure or accident involving a mechanical component of a mine hoisting plant in the mechanical hoisting equipment record.

 

       (2)    The designated person responsible for a mine hoisting plant must do all of the following for the mechanical hoisting equipment record at least once a week:

 

                (a)    review the entries made in the mechanical hoisting equipment record during the preceding week;

 

                (b)    ascertain whether the inspections required by Section 418 have been made, the results recorded and all necessary work done;

 

                (c)    certify in the mechanical hoisting equipment record that they have complied with clauses (a) and (b) and make a notation in the record that details any required inspections that were not done or necessary work that was not done.

 

       (3)    At a coal mine, the underground manager and chief coal mine mechanic must review and sign the entries made in the mechanical hoisting equipment record under this Section at least once a month.

 

Non-destructive tests of mechanical components of mine hoisting plant

422 (1)    Before a mine hoisting plant is first used and at regular intervals that are no greater than those recommended by an engineer’s specifications or the manufacturer’s specifications, a person designated under subsection 418(1) must examine all of the following using non-destructive tests to determine their condition, and record the results of each examination in the mechanical hoisting equipment record:

 

                (a)    hoist shafting brake pins and linkages;

 

                (b)    structural parts, attachment pins and draw-bars of all mine cars to which the hoisting rope is attached.

 

       (2)    When requested, a mine manager must make drawings of the components required to be examined under subsection (1) available to the person performing the examination.

 

       (3)    The supervisor responsible for the mechanical hoisting equipment must review and sign the record of an examination made under subsection (1).

 

Certificate required for mine cars

423 (1)    A certificate from the manufacturer or an engineer must be obtained for each mine car in use showing all of the following:

 

                (a)    its serial number;

 

                (b)    the name of the manufacturer;

 

                (c)    1 of the following dates:

 

                         (i)      its date of manufacture,

 

                         (ii)     the date it was certified by an engineer.

 

                (d)    its rated load, as certified by an engineer;

 

                (e)    the maximum number of persons and the maximum weight that a mine car or train may hold, as certified by an engineer or the manufacturer.

 

       (2)    In determining the maximum weight that a mine car may hold for the purpose of clause (1)(e), an engineer must consider the maximum load that the hoisting rope is capable of adequately carrying.

 

       (3)    A notice must be posted at a conspicuous place at the loading point or portal entrance stating the rated loads and maximum permitted numbers of persons and weight for each mine car as certified by the engineer or manufacturer under subsection (1).

 

       (4)    A mine car must not be loaded in excess of the maximum number of persons or maximum weight that the mine car is certified to hold.

 

Examination of mine according to manufacturer’s specifications

424 A competent person must examine a mine car at the frequency determined by the manufacturer’s specifications.

 

Procedure for commissioning mine car for transporting persons

425 The mine manager must prepare a procedure for commissioning a mine car or a train before persons are transported for the 1st time by a mine car.

 

Control devices for mine car carrying persons

426 (1)    A competent person must be in charge of a mine car or a train that is used for transporting persons or materials in a slope.

 

       (2)    Subject to subsection (3), a person must not be transported underground by a hoist in a slope at a speed faster than 6 m/s unless all of the following conditions are met:

 

                (a)    the mine hoisting plant, including the safety devices connected to the plant, is designed for speeds faster than 6 m/s;

 

                (b)    the rail tracks and beams are designed for mine cars travelling at speeds faster than 6 m/s.

 

       (3)    A person must not be transported underground at a faster speed than the speed the mine car is designed for.

 

Procedure for testing overwind and underwind protective devices on hoist

427 The mine manager must prepare a procedure for testing the overwind and underwind protective devices of a hoist.

 

Hoist operator’s duties

428 (1)    A hoist operator must perform all of the following duties:

 

                (a)    at the start of the hoist operator’s shift,

 

                         (i)      test for the satisfactory working conditions of the hoist brakes and check safety devices, as recommended by the designer or manufacturer or as specified by an engineer, whichever is more stringent;

 

                         (ii)     test the holding capacity of any friction clutch, in accordance with a procedure for the hoist prepared by the mine manager;

 

                (b)    test the overwind and underwind protective devices by operating the hoist into them at all of the following times in accordance with the procedure prepared under Section 427:

 

                         (i)      at least once every 24 hours that the hoist is in use, or more frequently if recommended by the designer or manufacturer or specified by an engineer,

 

                         (ii)     before using the hoist, after the hoist has been idle for longer than 48 hours;

 

                (c)    remain at the hoist controls when the hoist is in motion under manual control;

 

                (d)    before leaving the controls of a hoist that is being manually controlled, set the brakes and controls so that at least 2 separate and distinct actions are required to put the hoist in motion during any absence of the hoist operator from the operator’s controls;

 

                (e)    when a signal for hoist movement is given, allow at least 5 seconds to elapse before moving the hoist;

 

                (f)    complete the hoist movement required by a signal given by a designated competent person unless there is a signal to stop or an emergency signal.

 

       (2)    A hoist operator must not do any of the following:

 

                (a)    communicate by voice when the hoist is in motion and under the hoist operator’s manual control if voice communication would decrease the ability of the hoist operator to operate the hoist adequately, except

 

                         (i)      in an emergency,

 

                         (ii)     for essential operational requirements, or

 

                         (iii)    when the hoist is being examined or maintained;

 

                (b)    operate the hoist to transport a person unless at least 2 brakes can be applied to stop the drum;

 

                (c)    lower or raise persons on a mine car that is supported by an unclutched hoist drum.

 

Hoist operator record

429 (1)    At the beginning of a shift, a hoist operator must review and sign all entries in the hoist operator record for the previous 2 shifts during which the hoist was operated.

 

       (2)    For each shift worked, a hoist operator must record all of the following in the hoist operator record:

 

                (a)    the hoist operator’s actual starting and finishing time;

 

                (b)    the working condition of all of the following:

 

                         (i)      hoist brakes, including solenoids, clutches, and clutch brake interlocks,

 

                         (ii)     depth indicators,

 

                         (iii)    signal system,

 

                         (iv)    hoist controls,

 

                         (v)     motors,

 

                         (vi)    overspeed protective devices,

 

                         (vii)   track limits,

 

                         (viii)  emergency switches,

 

                         (ix)    ammeter,

 

                         (x)     speed indicator,

 

                         (xi)    slope obstruction indicator,

 

                         (xii)   manual safety devices,

 

                         (xiii)  devices that could affect the safe operation of the hoist;

 

                (c)    any instructions given to the hoist operator affecting hoist operations, other than instructions to move a mine car;

 

                (d)    anything unusual that occurred during the operation of the hoist and any action taken;

 

                (e)    the results of any tests performed on the hoist;

 

                (f)    the results of test trips;

 

                (g)    details of any inadvertent stoppages.

 

       (3)    A person who issues instructions to the hoist operator that affect hoist operations, other than instructions to move the hoist, must sign the instructions in the hoist operator record.

 

       (4)    Each working day, a supervisor responsible for a hoist must review and sign the hoist operator record for the previous 24 hours that the hoist was operated.

 

       (5)    A hoist operator record must be kept in the hoist station and a hoist operator and supervisor must have access to the hoist operator record.

 

Duty to not interfere with hoist or hoist operator

430 (1)    A person must not interfere with a hoist or an operator of a hoist, including do any of the following:

 

                (a)    enter a hoist station unless authorized by the mine manager;

 

                (b)    operate or interfere with devices or controls for operating a hoist, unless authorized by the mine manager;

 

                (c)    communicate with a hoist operator while the hoist operator is operating a hoist on manual control, except

 

                         (i)      in an emergency,

 

                         (ii)     for essential operational requirements, or

 

                         (iii)    when the hoist is being examined or maintained;

 

                (d)    unnecessarily distract a hoist operator.

 

       (2)    The following warning signs must be posted in a conspicuous place at all of the following locations:

 

                (a)    in a hoist station, a sign warning that a person must not communicate with a hoist operator while the hoist operator is operating the hoist on manual control, except

 

                         (i)      in an emergency,

 

                         (ii)     for essential operational requirements, or

 

                         (iii)    when the hoist is being examined or maintained;

 

                (b)    immediately outside a hoist station, a sign warning that a person must not enter the hoist station unless authorized by the mine manager.

 

Hoist not to be operated if slope is damaged or obstructed

431 If there is reason to believe that there is damage to a slope or an obstruction to the normal movement of a mine car, or if repairs have been made to a slope, the normal operation of a hoist in the slope must not resume until all of the following are done:

 

                (a)    any obstructions are removed from the slope;

 

                (b)    any damage affecting the operation of the hoist is repaired;

 

                (c)    the mine car, at reduced speed, successfully passes through the area of the slope that was affected, and a competent person onboard who inspects the area determines there is not longer a hazard.

 

Hoisting procedures

432 The mine manager must prepare procedures to be followed in operating a hoist in any of the following circumstances:

 

                (a)    during an emergency;

 

                (b)    when there is an inadvertent hoist stoppage.

 

Hoist operator available for automatic hoist when persons underground

433 A hoist operator must be available at a mine to manually operate an automatic hoist when persons are underground.

 

Designation of competent person for mine car

434 The mine manager must designate a competent person who must do all of the following:

 

                (a)    give audible signals to the hoist operator for the movement of a mine car;

 

                (b)    be responsible for mine cars operating in a slope;

 

                (c)    maintain discipline of persons riding in mine cars;

 

                (d)    enforce the load limits for mine cars;

 

                (e)    inform the hoist operator of heavy loads or irregularly shaped loads on mine cars.

 

Signal devices

435 Signal devices must be located in a convenient place along the slope for the person designated in Section 434 to use for signalling the hoist operator when persons or material are being transported in a slope.

 

Hoist signal procedure

436 (1)    Except for signals given by a competent person under subsection (2), signals for hoist movement must be given only by the hoist operator and a person designated to give signals for hoist movement under Section 434.

 

       (2)    A competent person repairing a signal system for a hoist may make signals to the hoist operator.

 

       (3)    A hoist must not be moved on manual control unless a signal set out in the code of signals required by Section 437 is given.

 

Code of signals

437 (1)    Before operating a hoist for the first time, an adequate code of signals must be approved and implemented by the mine manager.

 

       (2)    A hoist operator and the persons designated under Section 434 to use the code of signals must be trained in the use of the code of signals.

 

       (3)    The code of signals must be posted in a conspicuous place in all hoist stations, bankheads and mine portals.

 

Transporting equipment and supplies

438 Equipment or supplies that are transported in a slope must be adequately loaded and secured to prevent shifting.

 

Transporting persons and materials together in mine cars

439 A person must not be transported in a mine car except in accordance with all of the following conditions:

 

                (a)    when explosives are being transported, the person is required for handling the explosives and all of the following conditions are met:

 

                         (i)      space is provided for the safety of the person,

 

                         (ii)     the total load of the mine car does not exceed 85% of its rated load as certified under clause 423(1)(d);

 

                (b)    the mine car is not being used to transport ore or waste;

 

                (c)    when personal hand tools or equipment are being transported, all of the following conditions are met:

 

                         (i)      the tools or equipment are secured,

 

                         (ii)     space is provided for the safety of the person,

 

                         (iii)    the total load of the mine car does not exceed 85% of its rated load as certified under clause 423(1)(d);

 

                (d)    a person designated under Section 434 is present at the slope station.

 

Closing off slope for repair in slope

440 When repair work is being done on a slope, or at any other time when the slope could be dangerous to a person entering it, all of the following must be done:

 

                (a)    entry to the area of the slope must be limited by such means as closing doors or placing adequate barricades at the beginning of the area of the slope;

 

                (b)    warning signs must be posted in conspicuous places at all entrances to the slope.

 

 

Part 12 - Raise Climbers in a Mine

 

Procedure for raise climber transporting persons

441 (1)    Before a raise climber is used to transport persons in a new location, the mine manager must prepare a procedure for commissioning, using and maintaining the raise climber.

 

       (2)    An engineer must certify the procedure prepared under subsection (1).

 

       (3)    For the purposes of subclause 11(c)(iii), the procedure prepared under subsection (1) and the certification required by subsection (2) must be kept during the time the raise climber is in the shaft plus 2 years.

 

Access to and removal from raise climber

442 A means by which persons can be reached and removed from a raise climber must be made available for use.

 

Raise climbers

443 (1)    A raise climber must meet all of the following criteria:

 

                (a)    the raise climber must have at least 2 independent means of braking, 1 of which is as close as reasonably practicable to the final drive of the motor, that meet all of the following criteria:

 

                         (i)      each means of braking is capable of stopping and holding the raise climber when carrying its maximum load as certified under subclause (b)(i),

 

                         (ii)     they are arranged to permit independent testing;

 

                (b)    the raise climber must have all of the following displayed on it as certified by its manufacturer or, if such a certificate is unavailable, as certified by an engineer:

 

                         (i)      the maximum load that the raise climber may carry,

 

                         (ii)     the maximum allowable speed of the raise climber,

 

                         (iii)    any maximum allowable gradient that the raise climber may be used for;

 

                (c)    the raise climber must have a stop block to prevent the raise climber being taken beyond the track unless the track on which it operates is being extended;

 

                (d)    the raise climber must have an effective means for communication between the raise climber and the raise service position.

 

       (2)    A raise climber must be operated within the maximum load limit, the maximum allowable speed and any maximum allowable gradient.

 

       (3)    The strength of every load-carrying component in a power-driven raise climber must be at least 5 times the maximum static load the component will be subjected to in normal service.

 

Power-driven raise climbers

444 (1)    Modifications to a power-driven raise climber to increase the capacity or speed of the raise climber or alter any of the raise climber’s components must be designed by an engineer.

 

       (2)    A power-driven raise climber must be regularly inspected and maintained in adequate condition.

 

Raise climbers powered by electricity

445 (1)    A raise climber that is powered by electricity must meet all of the following criteria:

 

                (a)    it must be protected by a ground fault system;

 

                (b)    it must have a visible break switch at the raise service area by which its power can be isolated;

 

                (c)    it must have a control switch on the raise climber by which its power can be isolated.

 

       (2)    The electrical supply to a raise climber powered by electricity must be designed to be, and must be, locked out while explosives capable of being electrically initiated are being loaded into position for blasting.

 

Design and procedure for work platform in raise

446 (1)    A moveable work platform that is used to transport and support a person performing work in a raise must be certified by an engineer in accordance with generally accepted engineering principles.

 

       (2)    The mine manager must prepare a procedure for the safe use of work platforms used in a raise.

 

Inspection and maintenance of raise climbers

447 (1)    A device that could affect the safe operation of a raise climber must be inspected by a competent person at all of the following times:

 

                (a)    before the raise climber is first used at a raise;

 

                (b)    each working day that the raise climber is used;

 

                (c)    during every major overhaul of the raise climber.

 

       (2)    The main shafting of the drive-train of a raise climber must be examined by a competent person using ultrasonic procedures, or equivalent methods, to determine if it is adequate at all of the following times:

 

                (a)    before the raise climber is used for the first time;

 

                (b)    during every major overhaul of the raise climber.

 

       (3)    Once a week, a competent person must thoroughly clean a raise climber being used at a raise.

 

       (4)    Before a raise climber is first used during a shift, a competent person must test the brakes and controls of the raise climber.

 

Record of raise climber inspections or examinations

448 A competent person who inspects or examines a raise climber under this Part must prepare a record of the inspection or examination and a supervisor who authorizes any repairs or modifications must sign the record.

 

Major overhaul of raise climber

449 A competent person must perform a major overhaul on a raise climber at the frequency recommended by the manufacturer or a competent person, whichever is more frequent, and must make a record of the work carried out.

 

 

Part 13 - Blasting Operations and Storage and Handling of Explosives

 

Definitions for Part[ 13]

450 In this Part, all of the following definitions apply:

 

“blasting accessories” means any device used in a blasting operation other than explosives;

 

“blasting cable” means a cable designed and used specifically for initiating a blast;

 

“blasting machine” means an electrical or electro-mechanical device that provides electrical energy for energizing electric detonators, but does not include batteries by themselves;

 

“blasting meter” means a testing instrument, such as a galvanometer, blasting ohmmeter, blasting voltmeter, blasting multimeter or an equivalent device, used to check detonators and electrical blasting circuits for continuity, resistance, stray currents and other pertinent measurements;

 

“blasting operation” means an operation using explosives or blasting accessories underground conducted from the time explosives arrive at a shaft, slope or entrance to a working face to be blasted until all explosives are returned to a magazine;

 

“blasting switch” means a device used to initiate a blast from a power supply;

 

“bootleg” means a remnant of a hole after a blast that has been determined not to contain an explosive;

 

“cartridge” means a rigid or semi-rigid package of explosive enclosed in a waterproof wrapping or material;

 

“CETC” means the CANMET Energy Technology Centre of the federal Department of Natural Resources;

 

“danger area” means an area where there is a hazard to a person from fly rock or blasting fumes from a blast;

 

“detonating cord” means an explosive cord contained within a waterproof covering that requires a detonator to be attached to it in order to be detonated;

 

“detonator” means a device used to initiate a blast;

 

“extraneous electricity” means a source of electrical or electromagnetic energy with the capacity to cause the premature detonation of an explosive and includes a source of unwanted electrical current greater than 50 mA;

 

“stemming” means an inert material used to confine or separate explosives in a drill hole.

 

Restricted to blasters

451 (1)    A person who is not a blaster, but has successfully completed a course approved by the mine manager on the safe handling of explosives, may perform the duties of a blaster while being trained under the constant, close personal supervision of a blaster.

 

       (2)    Only a person designated as a blaster by the mine manager or a person being trained as a blaster under subsection (1) may perform any of the following tasks:

 

                (a)    prime an explosive;

 

                (b)    make a connection that leads from a charge to any device capable of initiating a blast;

 

                (c)    connect a delay or sequencing device or program the delay or sequence for a blast;

 

                (d)    initiate a blast;

 

                (e)    test a blasting circuit;

 

                (f)    in a coal mine, load or stem a shot hole.

 

Blaster to direct blasting operation

452 (1)    A blasting operation must be directed by a blaster.

 

       (2)    All persons within or adjacent to a blasting area must comply with the directions given by the blaster directing the blasting operation.

 

       (3)    A blaster directing a blasting operation must consult with each first-line supervisor who supervises any persons in the blasting area, so that all persons are made aware of the work being conducted in the blasting area.

 

       (4)    Work of any type that creates a risk of an accidental explosion must not be conducted during a blasting operation.

 

       (5)    If more than 1 blaster is involved in a blasting operation, a mine manager must do all of the following:

 

                (a)    before beginning the blasting operation, designate 1 blaster as the principal blaster who has principal responsibility for the blasting operation;

 

                (b)    ensure that all persons in the blasting area are made aware of the identity of the principal blaster.

 

       (6)    All blasters and supervisors performing or directing work in a blasting area must consult sufficiently to coordinate the safety of the activity.

 

       (7)    Before initiating a blast, a blaster must notify each first-line supervisor who supervises persons in the blasting area of a pending blast and give them adequate time to take the necessary precautions.

 

       (8)    At a coal mine, a blaster must not initiate a blast unless the blaster has been authorized by the supervisor of the blasting area to initiate the blast.

 

Types of explosives

453 (1)    An explosive used in a mine must be of Fume Class 1 rating as established by the Explosives Regulatory Branch of the federal Department of Natural Resources.

 

       (2)    Except as provided in subsection (3), the only explosives that may be used at a coal mine are those that are designed as, and declared by the Explosives Regulatory Branch of the federal Department of Natural Resources to be, explosives permitted for use in a coal mine.

 

       (3)    Explosives other than those required by subsection (2) may be used in a coal mine if all of the following conditions are met:

 

                (a)    the material to be blasted is certified by a competent person to not contain coal;

 

                (b)    in consultation with a blaster, the mine manager prepares a procedure for safe blasting using the explosives in material that does not contain coal;

 

                (c)    the concentration of flammable gas is less than 0.5% by volume in the air being tested in all of the following locations:

 

                         (i)      at the collar of each hole to be blasted,

 

                         (ii)     an area within 60 m of the area to be blasted.

 

       (4)    An employer must file with the Director a copy of a procedure prepared under clause (3)(b).

 

       (5)    Except as provided in subsection (7), at a coal mine, all explosives used in a blasting operation must be of the same class, grade and quality.

 

       (6)    At a coal mine, all detonators used in a blasting operation must be of the same type and made by the same manufacturer.

 

       (7)    A detonator may be a different type, class, grade or quality of explosive than the other explosive used in a blasting operation.

 

General safety requirements for using and handling explosives

454 (1)    Explosives must be used and handled in accordance with all of the following requirements:

 

                (a)    frozen, time-expired, deteriorated or damaged explosives must be used, stored and disposed of in accordance with the manufacturer’s recommended procedure;

 

                (b)    a person must not do any of the following:

 

                         (i)      carry explosives in their clothing,

 

                         (ii)     use defective detonators or blasting accessories,

 

                         (iii)    use a safety fuse,

 

                         (iv)    use an explosive to blast or break up material if the heated condition of the material creates a risk of premature explosion of the charge, unless the mine manager prepares a procedure in consultation with a blaster,

 

                         (v)     heat an explosive above the manufacturer’s recommended storage temperature.

 

       (2)    Cartons and wrappings for explosives must be handled in accordance with all of the following requirements:

 

                (a)    they must be removed from the blasting area before a blast;

 

                (b)    they must be brought to the surface by the end of each shift;

 

                (c)    they must be disposed of adequately, according to the manufacturer’s specifications.

 

Precautions around magazine or explosives

455 The following precautions must be taken around magazines and explosives:

 

                (a)    mobile equipment must be operated so as to minimize the possibility of hitting a magazine or explosives;

 

                (b)    a legible and conspicuous notice must be placed adequately close to a magazine and the notice must state a warning to the following effect:

“Danger: explosives. If imminent danger of explosives catching fire - do not fight fire. Leave the area immediately.”

 

Where storage of explosives is prohibited

456 Explosives must not be stored at any of the following locations:

 

                (a)    within 100 m of

 

                         (i)      a transformer,

 

                         (ii)     a fuelling station,

 

                         (iii)    a fuel oil storage area,

 

                         (iv)    a flammable material storage area,

 

                         (v)     a shaft station,

 

                         (vi)    a hoist station,

 

                         (vii)   a primary or auxiliary access,

 

                         (viii)  a lunchroom,

 

                         (ix)    a refuge station,

 

                         (x)     a first aid station;

 

                (b)    underground at a mine that ceases development or production for 60 days or longer.

 

Explosives to be stored in magazine

457 Explosives must be stored in a magazine, other than in any of the following circumstances:

 

                (a)    when the explosives are being transported to or from storage;

 

                (b)    when the explosives are being used in a blasting operation;

 

                (c)    when the explosives are kept at a loading face in accordance with Section 458;

 

                (d)    when the explosives are stored in a temporary storage box in accordance with Section[s] 460 and 463.

 

Explosives kept at loading face

458 (1)    The following conditions must be met when explosives are kept at a loading face:

 

                (a)    at a non-coal mine, only the quantities of explosives intended to be used in the next blast at the loading face may be delivered to and kept at the loading face;

 

                (b)    at a coal mine, only the quantities of explosives that can be used in 1 shift at the loading face may be delivered to and kept at the loading face.

 

       (2)    Explosives kept at a loading face must be located so that all of the following conditions are met:

 

                (a)    there is no reasonable possibility of mobile equipment hitting the explosives;

 

                (b)    the explosives are unlikely to become overheated;

 

                (c)    the explosives are at least 10 m away from a detonator, except during priming and loading.

 

Guarding explosives

459 An explosive must be attended by a designated person, except when it is stored in a locked magazine or has been inserted in a hole.

 

Magazines and temporary storage boxes

460 (1)    A magazine or temporary storage box must be used and maintained in accordance with all of the following:

 

                (a)    it must be used only for storing explosives;

 

                (b)    it must be kept orderly, clean and free of rubbish;

 

                (c)    it must be secured against theft, and be locked when explosives are not being removed from or added to it.

 

       (2)    A magazine must meet all of the following conditions:

 

                (a)    the floors and shelves of a magazine where nitroglycerine explosives are kept or stored are treated with a neutralizing agent to remove any traces of nitroglycerine;

 

                (b)    the maximum quantity of explosives and detonators stored in a magazine must not exceed the quantity specified in the license issued for the structure under the Explosives Act (Canada);

 

                (c)    a copy of the license referred to in clause (b) must be posted in a conspicuous location in the magazine.

 

       (3)    A working face must not be located within 100 m of a magazine.

 

Construction and marking of temporary storage box

461 (1)    A temporary storage box must be made of non-sparking material or have wood or other non-sparking material covering all metal inside the temporary storage box that could otherwise come into contact with explosives.

 

       (2)    A temporary storage box must be conspicuously marked on all sides with the word “Explosives” and a pictogram.

 

Certifying temporary storage box

462 A temporary storage box must meet all of the following criteria:

 

                (a)    it must be certified by an engineer to be adequate to protect a person from injury;

 

                (b)    it must be uniquely identifiable from other temporary storage boxes in the mine.

 

Explosives in temporary storage box

463 (1)    Explosives stored underground at a coal mine must be stored in a temporary storage box.

 

       (2)    Explosives must not be stored in a temporary storage box for longer than 24 consecutive hours.

 

       (3)    At a coal mine, a temporary storage box must be returned to the surface at the end of a shift.

 

Storage of detonators

464 Detonators must be kept and stored separately from other explosives.

 

Removing, adding and controlling explosives from magazine

465 (1)    The mine manager must designate persons who may remove explosives from a magazine or add explosives to a magazine and must ensure that only persons designated under this subsection remove explosives from a magazine or add explosives to a magazine.

 

       (2)    The mine manager must designate competent persons to do all of the following:

 

                (a)    control the inventory of explosives in a magazine;

 

                (b)    be responsible for a magazine;

 

                (c)    be responsible for temporary storage boxes.

 

       (3)    A mine manager must keep a list of persons designated under subsection (1), make a copy of the list available to persons designated under subsection (2) and post the list in a conspicuous place in each magazine.

 

       (4)    Explosives may be issued only to the following persons:

 

                (a)    for explosives other than detonators, persons designated to remove explosives from a magazine or add explosives to a magazine under subsection (1);

 

                (b)    for detonators, a blaster or a person who has successfully passed a course approved by the mine manager on the safe handing of explosives.

 

       (5)    A person designated as responsible for a magazine under clause (2)(b) must issue the oldest explosives in the magazine first, if not defective.

 

       (6)    A person designated as responsible for a temporary storage box under clause (2)(c) must receive and store returned explosives.

 

       (7)    A person designated as controlling the inventory of explosives in a magazine under clause (2)(a) must ensure that on a day that explosives are removed or added to a magazine all of the following is recorded as soon as reasonably practicable:

 

                (a)    the current date;

 

                (b)    the name of the blaster directing the blasting operation;

 

                (c)    the name of the designated person who removed or added the explosives;

 

                (d)    the amount and type of the explosives removed or added;

 

                (e)    the location of the blasting area in which the explosives are or were to be used;

 

                (f)    the amount of explosives actually used in the blast;

 

Inspections and inventory of explosives

466 (1)    A person designated under subsection 465(2) must perform all of the following inspections and inventory checks and record the results, signed by a mine manager, of the inspection or inventory:

 

                (a)    a weekly inspection of each magazine, temporary storage box and truck containing explosives to determine their condition;

 

                (b)    a monthly inventory of the magazines and trucks containing explosives to determine the amount, type and condition of the explosives contained in them.

 

       (2)    Any defective or deteriorated explosives must be removed from a magazine and adequately destroyed as soon as reasonably practicable.

 

Returning explosives to magazine or temporary storage box

467 All unused explosives must be returned to a magazine or temporary storage box at the end of a shift.

 

Reporting theft or attempted theft of explosives

468 Any missing, lost or stolen explosive must be reported by the mine manager to the Director and the committee or representative, if any, as soon as reasonably practicable.

 

Transporting explosives underground

469 (1)    The mine manager must designate a competent person as responsible for handling and transporting explosives between the surface and underground storage.

 

       (2)    All of the following conditions must be met when explosives are transported underground:

 

                (a)    there must be no undue delay;

 

                (b)    they must be transported in their original wrapping and in a temporary storage box or a tote bag that came directly from the manufacturer, with adequate separation distances between temporary storage boxes;

 

                (c)    detonators must be transported underground in separate temporary storage boxes from other explosives.

 

Transporting explosives by shaft conveyance

470 If explosives are transported underground in a shaft conveyance, all of the following conditions must be met:

 

                (a)    immediately before transportation of the explosives starts, the person designated under subsection 469(1) must inform the persons designated under Section 373 and the hoist operator that explosives are being loaded on a shaft conveyance about to be transported underground;

 

                (b)    other materials must not be transported with the explosives;

 

                (c)    detonators must be carried on a separate shaft conveyance that does not carry any other type of explosive.

 

Transporting explosives by mobile equipment

471 (1)    Any mobile equipment used for transporting explosives must meet all of the following criteria:

 

                (a)    it must be adequate;

 

                (b)    it must have wood or other adequate non-sparking material covering all metal that could otherwise come into contact with explosives;

 

                (c)    it must be conspicuously marked at the front, rear and sides with the word “Explosives”;

 

       (2)    Mobile equipment capable of being operated independently of fixed rails, tracks or beams may be used to transport detonators with other explosives only if all of the following conditions are met:

 

                (a)    there are 3000 or less detonators;

 

                (b)    the detonators are in a suitable temporary storage box in a compartment separate from the other explosives.

 

       (3)    Except when mobile equipment is used in connection with the loading of holes, mobile equipment that is used for transporting explosives must not be used for any other purpose until the explosives are removed from the mobile equipment.

 

       (4)    Temporary storage boxes that are being transported underground must be secured in a way that prevents any part of the load from being dislodged.

 

Transporting explosives by mine car

472 (1)    If explosives are transported by a mine car or train underground, all of the following conditions must be met:

 

                (a)    immediately before transportation of the explosive starts, the person designated under subsection 469(1) must inform the person designated under Section 434 and the hoist operator that explosives are being loaded on a mine car and are about to be transported underground;

 

                (b)    other materials must not be transported with explosives;

 

                (c)    the explosives must not be carried on a locomotive;

 

                (d)    an empty mine car or a draw-bar of a length at least equal to the length of a mine car must separate the locomotive from a mine car carrying explosives;

 

                (e)    detonators must be carried in a separate mine car that does not carry any other type of explosive;

 

                (f)    an empty mine car or a draw-bar of a length at least equal to a mine car must separate a mine car carrying detonators from a mine car carrying other types of explosives.

 

       (2)    If explosives are transported by rail-bound train, the locomotive must be on the forward end of the train unless a person walks in advance of the train.

 

Stability of equipment in blasting area

473 Adequate precautions must be taken, including traction and stability, to prevent toppling, sliding or other unplanned movement of the equipment located in a blasting area.

 

Drilling while loading explosives or near loaded holes, misfires or bootlegs

474 (1)    Except as provided in subsection (2) for a non-coal mine, before drilling holes for loading explosives, the working face must be washed with water and carefully examined for misfires and bootlegs.

 

       (2)    If it is not reasonably practicable to examine for misfires and bootlegs in accordance with subsection (1) in a non-coal mine, the mine manager must prepare an alternate procedure to examine for misfires and bootlegs.

 

       (3)    Except as provided in subsection (4), all holes must be drilled for a blasting operation before any holes are loaded with explosives.

 

       (4)    A hole may be drilled when holes loaded with explosives are present in any of the following circumstances if procedures are prepared by the mine manager for the drilling in consultation with a blaster:

 

                (a)    a blaster determines that a misfire cannot be more safely treated by other means than to drill an adjacent hole;

 

                (b)    the nature of the ground being drilled makes it necessary to load a hole immediately after it is drilled and to subsequently drill an adjacent hole;

 

                (c)    a hole loaded with explosives caves in and a blaster determines that the unexploded explosive cannot be reprimed or otherwise more safely treated, and it is necessary to drill an adjacent hole;

 

                (d)    holes have been loaded and it is necessary to use a drill to remove obstacles from a previously drilled hole that does not contain explosives.

 

       (5)    The mine manager must notify the Director any time procedures required by subsection (4) are used in the circumstances in clause (4)(a), (c) or (d) and must notify the Director before procedures are first used in the circumstances in clause (4)(b).

 

       (6)    If the procedures referred to in subsection (4) are applied to drilling a hole, the details of the procedure and the reasons for its implementation must be communicated to all persons in the blasting area.

 

       (7)    A hole must not be drilled within 15 cm of a bootleg.

 

Blasting operation in adjacent mines

475 (1)    Before starting a blasting operation, the mine manager must give the mine manager in any adjacent mine within 1000 m notice that a blasting operation is pending.

 

       (2)    The mine manager in an adjacent mine who is notified under subsection (1) must do all of the following:

 

                (a)    assess the potential for hazards in their mine;

 

                (b)    if a potential hazard in their mine is identified, take steps to eliminate it;

 

                (c)    notify, in writing, the employer at the mine where the blasting operation is taking place that their mine is clear of hazards.

 

       (3)    The mine manager must not proceed with a blasting operation before receiving the required notification from a mine manager in any adjacent mine under clause (2)(c).

 

Preparation of holes for loading explosives

476 (1)    A blaster must prepare holes for explosives by doing all of the following:

 

                (a)    inspecting and cleaning all holes before any explosive is loaded in a hole or, if loading explosives near loaded holes or misfires as permitted under subsection 474(4), inspecting and cleaning each hole before explosives are loaded in the hole;

 

                (b)    immediately before loading a hole with explosives, examining the hole to verify that it has been thoroughly cleaned.

 

       (2)    At a coal mine, a blaster must do all of the following when cleaning and inspecting a hole under subsection (1):

 

                (a)    use a cleaner and detector that is capable of cleaning the full depth of the hole and detecting transverse and longitudinal cracks and crevices of 3 mm or more wide in the hole;

 

                (b)    verify that the hole does not intersect any cracks or crevices larger than 3 mm wide.

 

       (3)    A blaster must ensure that all of the following conditions are met when preparing a hole for loading explosives:

 

                (a)    the hole meets all of the following criteria:

 

                         (i)      it is large enough to freely insert the explosive to the full depth of the hole,

 

                         (ii)     it is at least 3 mm larger than the diameter of the cartridge of the explosive to be used;

 

                (b)    a tool inserted in the hole when loaded with explosives is made of wood or anti-static material.

 

No primed cartridges inside mobile equipment or near electrical installations

477 Primed cartridges must not be transported, kept, stored or handled underground inside mobile equipment or near an electrical installation.

 

Procedure for using explosives in coal mine

478 The mine manager, in consultation with a blaster, must prepare a procedure for using explosives in a coal mine, including specific steps to address the potential for an outburst of flammable gas.

 

Testing for flammable gas at coal mine before loading explosives

479 (1)    Before a hole in a coal mine is loaded with explosives, a blaster must test for the concentration of flammable gas at the collar of each hole to be blasted and verify that the concentration of flammable gas

 

                (a)    is less than 1% by volume in the air being tested; or

 

                (b)    is less than the limit required by clause 453(3)(c) for explosives other than those required by subsection 453(2).

 

       (2)    A blast must not be initiated at a coal mine at any of the following locations:

 

                (a)    in broken coal;

 

                (b)    in an area where the concentration of flammable gas in the air exceeds 1% by volume in the air being tested.

 

Precautions when loading explosives in hole

480 A blaster must ensure that all of the following precautions are taken when loading explosives in a hole:

 

                (a)    if electric detonators are used at a mine, a blaster tests each detonator with a blasting meter before the detonator is connected to a blasting cable or inserted into an explosive;

 

                (b)    explosives are primed before they are loaded as near to the hole as reasonably practicable and only in a sufficient amount for the immediate work in progress;

 

                (c)    detonators and other explosives are kept and handled separately until the last moment reasonably practicable before the blaster primes the explosive;

 

                (d)    an explosive is not primed in a place where explosives are stored;

 

                (e)    an explosive that contains a detonator is not slit or tamped;

 

                (f)    the wrapping is not removed from a nitroglycerine-based product or a primed cartridge;

 

                (g)    more explosive is not loaded in a hole than the amount that is specified in the blast pattern and procedure for the blast prepared under subsection 485(1);

 

                (h)    at a coal mine, a plug of stemming is placed in the deepest part of the hole before the hole is loaded with explosives;

 

                (i)     at a coal mine, a plug of stemming consisting of an adequate amount of stemming material is placed in the hole following the insertion of the last explosive;

 

                (j)     the initiating detonator is not connected to the blasting cable until the last moment before the blast.

 

Removing broken coal before loading hole

481 After preparing holes at a coal mine but before loading them with explosives, a blaster must verify that all broken coal is removed from the area of the hole and must allow sufficient time for coal dust in the air to settle.

 

Blast at coal mine prohibited until air free of dust

482 At a coal mine, every machine capable of producing coal dust must be stopped before a blast is initiated to allow the air to clear, and a blast must not be initiated until the air is reasonably free of coal dust.

 

Removing coal dust before initiating blast

483 Before initiating a blast at a coal mine, a blaster must examine the area within 30 m of the point of the blast to verify that excess coal dust has been removed and the area has been treated with stone-dust in accordance with Section 189.

 

Pneumatically loading explosives in hole

484 If a hole is loaded pneumatically with an explosive, all of the following conditions must be met:

 

                (a)    only a semi-conductive hose manufactured for the purpose of loading holes pneumatically must be used;

 

                (b)    the pneumatic loading equipment must be capable of protecting against the hazards of extraneous electricity;

 

                (c)    if an electrical detonator is used,

 

                         (i)      plastic or non-conducting liners must not be used in the hole, and

 

                         (ii)     the detonator must not be placed in the hole until the pneumatic loading of the hole is completed, unless a procedure for doing otherwise is prepared by the mine manager in consultation with a blaster.

 

Development and production blast patterns and procedures

485 (1)    Development and production blast patterns and procedures must be prepared by the mine manager in consultation with a blaster that include all of the following information for each blast:

 

                (a)    the type and quantity of explosives and stemming to be used in each hole;

 

                (b)    the expected resistance of each blasting circuit;

 

                (c)    a list of steps to be followed when initiating a blast.

 

       (2)    A blaster must receive a copy of the blast pattern and procedure for blasting for each blasting area underground.

 

Danger areas

486 (1)    Before initiating a blast, a blaster must determine the size of the danger area and ensure that all of the following are done:

 

                (a)    all persons are removed from the danger area;

 

                (b)    adequate audible and visual warnings are given in every direction of the danger area;

 

                (c)    all machinery and equipment are clear of the effects of the blast;

 

                (d)    all explosives not intended to be detonated are removed from the danger area.

 

       (2)    At a non-coal mine, a procedure for warning persons working in a blast area must be prepared by the mine manager, in consultation with a blaster, that includes a list of steps to be followed for each of the following:

 

                (a)    warning persons working in the danger area of a pending blast;

 

                (b)    adequately guarding the entrances to the danger area;

 

                (c)    adequately protecting persons from the effects of a blast.

 

       (3)    At a coal mine, the mine manager, in consultation with a blaster, must prepare a procedure for warning persons in a blast area including a list of steps to be followed for warning persons working in the danger area of a pending blast.

 

       (4)    Before initiating a blast at a coal mine, a blaster must ensure that all of the following conditions are met:

 

                (a)    the danger area, including all travelways to the danger area, is guarded by an adequate number of persons during the blast who remain at their locations until directed to leave by the blaster;

 

                (b)    the guards required by clause (a) are located outside of the danger area;

 

                (c)    the guards required by clause (a) prevent any person, other than a blaster, from entering the danger area.

 

       (5)    A person, other than a blaster, is prohibited from entering a danger area until the person has been informed by a blaster or a person guarding the danger area that it is safe to do so.

 

Procedures for blasting more than 1 area from common source

487 (1)    If more than 1 area is blasted from a common source, procedures for multiple blasting must be prepared by the mine manager in consultation with a blaster.

 

       (2)    The mine manager must designate a blaster to initiate a multiple blast.

 

Detonation of single charge

488 A blaster at a coal mine must ensure that each hole for explosives is loaded separately and, except as provided in Section 489 for simultaneous detonation, each charge is detonated singly.

 

Simultaneous detonation of multiple charges at coal mine

489 (1)    At a coal mine, no more than 12 charges in a round may be detonated simultaneously using the same millisecond delay detonators.

 

       (2)    At a coal mine, a round of charges using different millisecond delay detonators must not be detonated unless the maximum time between the detonation of the first charge and the detonation of the last charge is 1 of the following:

 

                (a)    200 ms, for a blast other than described in clause (b);

 

                (b)    750 ms, if the charges are detonated in a travelway being developed underground that does not contain a seam of coal exceeding 30 cm thick and that is more than 5 m from a gob area or fault.

 

       (3)    A copy of the blast pattern for each area at which simultaneous detonation of multiple charges is carried out in a coal mine must be kept available on the surface for employees.

 

Source for initiating blast

490 (1)    Blasting accessories used to initiate a blast must meet all of the following criteria:

 

                (a)    they must be commercially manufactured for the purposes of blasting underground;

 

                (b)    if used in a coal mine, they must be certified by MSHA, the Explosive Regulatory Branch of the federal Department of Natural Resources or an agency acceptable to the Director.

 

       (2)    If a blasting machine is used to initiate a blast, a blaster must have sole possession and control of the blasting machine at all times, except in any of the following circumstances:

 

                (a)    when the machine is secured so that no one else can take possession or control of it;

 

                (b)    when the machine is being repaired.

 

       (3)    If a blasting cable is used to initiate a blast, the blasting cable must be adequate and at least 30 m long.

 

Blasting machine and blasting switch

491 (1)    A blasting machine or blasting switch must meet all of the following conditions:

 

                (a)    it must be constructed, operated, inspected, calibrated, maintained, tested and dismantled in accordance with the manufacturer’s specifications;

 

                (b)    it must be tested, using methods specified by the manufacturer, before a blast that might require the maximum output of the machine or switch at least once a year;

 

                (c)    it must be clearly marked with the capacity of the machine or switch;

 

                (d)    it must be kept in adequate mechanical and electrical condition;

 

                (e)    it must be opened and repaired only by a competent person.

 

       (2)    The person referred to in clause (1)(e) must keep a record of any time a blasting machine or blasting switch is opened or repaired and any work done.

 

       (3)    A blasting switch must conform with the requirements of CSA standard CAN/CSA-M421-00 (R2005), Use of Electricity in Mines.

 

Blasting meters

492 Only blasting meters designed for use with explosives must be used in a blasting operation.

 

Defective blasting machine or blasting switch

493 If a blaster has reasonable grounds for believing that a blasting machine or blasting switch is defective, the blaster must do all of the following:

 

                (a)    withdraw it from use immediately;

 

                (b)    ensure that it is returned to the surface;

 

                (c)    provide a report to the supervisor on the defective machine or switch.

 

Using electric detonators

494 A blaster must ensure that an electric detonator is not used in a blast unless all of the following conditions are met:

 

                (a)    it is tested at the area where it is to be used with a blasting meter for electrical continuity;

 

                (b)    it is shunted or short-circuited after being tested under clause (a) until it is connected in circuits;

 

                (c)    it does not have the short circuit or protective shunt removed from the leg wires until final connections are made.

 

Testing electric blasting circuit

495 (1)    A blaster must ensure that an electric blasting circuit is tested with a blasting meter for electrical continuity and resistance at all of the following times:

 

                (a)    before connecting the electric blasting circuit to the lead wires;

 

                (b)    before connecting the lead wires to the power source for a blast.

 

       (2)    A blast must not be initiated until the blaster is satisfied that the blast can proceed adequately if any of the following occurs:

 

                (a)    an electric blasting circuit is not electrically continuous;

 

                (b)    the resistance in an electric blasting circuit is not as specified in the blast patterns and procedures prepared under subsection 485(1).

 

Blasting cables

496 (1)    All of the following conditions must be met for blasting cables:

 

                (a)    the blasting cables must not come in contact with detonating cords;

 

                (b)    the blasting cables must not come closer than 30 cm to any of the following:

 

                         (i)      a metal surface directly involved in the blasting operation,

 

                         (ii)     pipes, rails or other continuous metal grounding circuits,

 

                         (iii)    power, lighting or communication cables;

 

                (c)    the blasting cables must be isolated from the ground;

 

                (d)    the blasting cables must be visibly different from other cables.

 

       (2)    A blaster must ensure that the ends of the blasting cables closest to the blasting machine and leading to the blasting area are shunted or short-circuited while the leads from the electric blasting caps are being connected to each other and to the blasting cables.

 

       (3)    A blaster must ensure that the danger area is secured in accordance with Section 486 before removing the shunt or short-circuit required by subsection (2).

 

       (4)    A blaster must ensure that adequate precautions are taken to ensure that a blasting cable being used in one area has no electrical connection to another area, unless both areas are blasted in 1 blast.

 

Testing for flammable gas at coal mine

497 At a coal mine, immediately before a blast, a blaster must determine that the concentration of flammable gas in the general body of air in the area of the hole loaded with explosives and in any workplace within 60 m of the loading face does not exceed the following concentrations:

 

                (a)    1% by volume in the air being tested, if the time between the detonation of the first charge and the detonation of the last charge is calculated to be 200 ms or less;

 

                (b)    0.8% by volume in the air being tested, if the time between the detonation of the first charge and the detonation of the last charge is calculated to be more than 200 ms but no more than 750 ms;

 

                (c)    0.5% by volume in the air being tested, if the explosives are not designed as, and declared by the Explosives Regulatory Branch of the federal Department of Natural Resources to be, explosives permitted for use in a coal mine.

 

No electric detonator where danger from extraneous electricity

498 An electric detonator must not be used if there is a danger from extraneous electricity.

 

Electrical storms

499 If an electrical storm is in the vicinity of a mine, all of the following conditions must be met:

 

                (a)    all persons in a surface magazine must leave the magazine;

 

                (b)    all persons must move to a location where there is no danger from an accidental explosion;

 

                (c)    a person on or near the surface or in or near a shaft must not handle explosives or make an electrical blasting circuit connection.

 

Minimum distances from radio frequency transmitters

500 (1)    During electric blasting, minimum distances from radio frequency transmitters must be maintained as detailed in the Institute of Makers of Explosives Safety Guide for the Prevention of Radio Frequency Radiation Hazards in the Use of Commercial Electric Detonators (Blasting Caps) Safety Library Publication No. 20, 2001.

 

       (2)    If the required minimum distance of electric blasting circuits from radio frequency transmitters is not specified in the standard referred to in subsection (1), all of the following minimum distances must be maintained:

 

                (a)    100 m from a citizens’ band radio, cellular telephone, satellite telephone or other mobile or portable radio frequency transmitter;

 

                (b)    1000 m from a TV transmitter or an AM, FM or other radio frequency transmitter.

 

After blast

501 (1)    Immediately after a blast is initiated, a blaster must ensure that blasting cables used in the blast are disconnected from the blasting machine or blasting switch and short-circuited or shunted.

 

       (2)    Immediately after a blast is initiated, a blaster must ensure that a blasting switch used in the blast is locked in the open position.

 

       (3)    After a blast is initiated, a blaster must examine the effect of the blast before the next blast is initiated.

 

       (4)    At a coal mine, a blaster must test for flammable gas within 60 m of an area that was blasted as soon as reasonably practicable after any waiting period required by Sections 502 and 503 has expired.

 

       (5)    If the test results under subsection (4) show flammable gas concentrations exceeding 1.25% by volume of air being tested, the blaster must report the results to the underground manager and the first-line supervisor for the area.

 

Entering danger area after blast

502 (1)    All persons, including blasters, must remain outside the danger area for at least 15 minutes after the last blast.

 

       (2)    A person, other than a blaster, must not enter a danger area where a blast has been initiated until a blaster inspects the area of the blast and determines that it is safe to enter.

 

Entering danger area when misfires and suspected misfires

503 (1)    If a charge misfires or is suspected of misfiring, a blaster must ensure that all of the following conditions are met:

 

                (a)    all persons in the blasting area are informed of the misfire;

 

                (b)    all persons, including blasters, remain outside the danger area for at least 30 minutes after the last charge was due to explode;

 

                (c)    persons do not enter the blasting area except in accordance with the procedure required by subsection 504(1);

 

                (d)    until the hazards are eliminated, work is not conducted in the blasting area other than the work required to dispose of or recover the misfire.

 

       (2)    A person must not use metallic equipment in the blasting area of a misfire unless all of the following conditions are met:

 

                (a)    a blaster has inspected the blasting area and authorized the use of the equipment in accordance with the procedure required by subsection 504(1);

 

                (b)    the blasting area is adequately illuminated;

 

                (c)    the work is directly and constantly supervised by a blaster;

 

                (d)    precautions are taken to prevent injury from accidental explosion.

 

Procedure for safe handling of misfires

504 (1)    The mine manager, in consultation with a blaster, must prepare a procedure for safely handling misfires that includes detailed sequential instructions.

 

       (2)    If a misfire is found, all of the following must be done:

 

                (a)    all persons must follow the instructions in the procedure required by subsection (1);

 

                (b)    the first-line supervisor for the area where the misfire was found must be informed without delay.

 

       (3)    If there is a misfire at a non-coal mine, all of the following must be done:

 

                (a)    after the waiting period required by clause 503(1)(b) has expired, a blaster must enter the blasting area of the misfire, inspect the site and approach the misfire or suspected misfire to assess the potential hazards;

 

                (b)    reasonable steps must be taken to establish the cause of a misfire and corrective action taken to prevent a recurrence;

 

                (c)    if a misfire is not disposed of or recovered,

 

                         (i)      barricades must be installed to prevent persons from entering the danger area, and

 

                         (ii)     a warning sign must be posted in a conspicuous place on each barricade referred to in subclause (i) indicating all of the following:

 

                                    (A) that there is a misfire,

 

                                    (B)  that all persons are to keep out until the misfire is disposed of or recovered.

 

       (4)    Before work is started by mine workers on an incoming shift, any misfire that is not disposed of or recovered by the end of a shift must be reported by the first-line supervisor of the shift, together with the location of the misfire, to the supervisor on the incoming shift who is assigned responsibility for the corresponding area of the mine.

 

       (5)    At a subsea coal mine, the procedure prepared under subsection (1) must include requirements for a blaster to do all of the following:

 

                (a)    if a single shot misfires, perform all of the following actions in sequence:

 

                         (i)      remove the handle or key from, or otherwise disable, the blasting machine and disconnect the blasting machine from the blasting cable,

 

                         (ii)     twist the ends of the blasting cable together at the blasting machine and isolate them from ground,

 

                         (iii)    wait 30 minutes,

 

                         (iv)    examine the blasting cable and connections for any defects and remedy any that are found,

 

                         (v)     attempt to fire the shot using either the same blasting machine or another blasting machine that is suitable for the purpose;

 

                (b)    if an attempt to fire a shot referred to in subclause (a)(v) fails, perform all of the following actions in sequence:

 

                         (i)      remove the handle or key from, or otherwise disable, the blasting machine and disconnect the blasting machine from the blasting cable,

 

                         (ii)     twist the ends of the blasting cable together at the blasting machine and isolate them from ground,

 

                         (iii)    wait 30 minutes,

 

                         (iv)    mark the location of the detonator lead wires of the misfired shot,

 

                         (v)     cause a new shot hole to be drilled that is at least 300 mm from the loaded shot hole and parallel to and equal in depth to the loaded shot hole, in accordance with the procedures referred to in clause 474(4)(a),

 

                         (vi)    fire a shot in the newly drilled shot hole;

 

                (c)    if a shot is fired in a newly drilled shot hole under subclause (b)(vi), wait 30 minutes after firing the shot and then perform all of the following actions:

 

                         (i)      if reasonably practicable, sort the debris by hand,

 

                         (ii)     if reasonably practicable, recover all explosives and detonators from the debris,

 

                         (iii)    take all recovered explosives and detonators to a temporary storage box;

 

                (d)    if all of a round of shots, or a part of a round of shots, misfires and remains intact in the working face, perform all of the following actions in sequence:

 

                         (i)      remove the handle or key from, or otherwise disable, the blasting machine and disconnect the cable from the blasting machine,

 

                         (ii)     twist the ends of the blasting cable together at the blasting machine and isolate them from ground,

 

                         (iii)    wait 30 minutes,

 

                         (iv)    test the circuit for electrical continuity,

 

                         (v)     if the test shows that there is electrical continuity, attempt to fire the round using either the same blasting machine or another blasting machine that is suitable for the purpose;

                (e)    if a test referred to in subclause (d)(v) shows that there is no electrical continuity or if an attempt to fire a shot referred to in subclause (d)(v) fails, perform all of the following actions in sequence:

 

                         (i)      remove the handle or key from, or otherwise disable, the blasting machine and disconnect the blasting cable from the blasting machine,

 

                         (ii)     twist the ends of the blasting cable together at the blasting machine and isolate them from ground,

 

                         (iii)    wait 30 minutes,

 

                         (iv)    disconnect the blasting cable and detonator lead wires at each shot hole,

 

                         (v)     test for electrical continuity in the blasting cable and detonator lead wires,

 

                         (vi)    test the blasting machine,

 

                         (vii)   if the tests show that there is electrical continuity, reconnect the detonator lead wires and the blasting cable and test for electrical continuity and attempt to fire the round;

 

                (f)    if any of the tests referred to in subclauses (e)(v) to (vii) do not produce the desired result, install barricades and post a warning sign in accordance with clause 504(3)(c);

 

                (g)    if part of a round of shots misfires and does not remain intact in the working face, sort the debris by hand, recover all explosives and detonators from the debris and take them to the temporary storage box.

 

Record of misfire

505 A blaster must ensure that all of the following is recorded for a misfire:

 

                (a)    date of the misfire;

 

                (b)    location of the misfire;

 

                (c)    number of holes affected by the misfire;

 

                (d)    disposal or recovery of the misfire.

 

Flamed charge at coal mine

506 (1)    In a coal mine, if a charge flames on detonation, a blaster must perform all of the following actions in sequence:

 

                (a)    immediately take steps to extinguish the flame;

 

                (b)    verify that the section of the coal mine in which the charge was detonated is guarded by a person and left unworked, except for making the section safe, until inspected by a mine examiner.

 

       (2)    A flamed charge must be treated under the direction of a blaster at a time and in a manner that is adequate, so as to ensure the removal of all hazards caused by the flamed charge.

 

Report of flamed charge at coal mine

507 (1)    In a coal mine, if a charge flames on detonation, a blaster must do all of the following:

 

                (a)    immediately after complying with subsection 506(1), verbally report the flamed charge to the blaster’s supervisor or the underground manager;

 

                (b)    report the flamed charge in writing to the blaster’s supervisor or the underground manager at the end of the shift.

 

       (2)    A supervisor who is informed of a flamed charge in accordance with subsection (1) must, without undue delay, report the flamed charge to the mine manager.

 

Examining working face for misfires and bootlegs after blast

508 After a blast, a competent person must examine a working face for misfires and bootlegs before drilling, sampling or similar work is started on the working face.

 

Secondary blasting

509 A procedure must be prepared by the mine manager if explosives are to be used to reduce any oversized materials remaining after a blast to the dimensions required for subsequent handling and crushing.

 

Abandoning blasting area or discontinuing work

510 Work must not be discontinued in a blasting area for longer than 10 days and a blasting area must not be abandoned, unless all of the following are done:

 

                (a)    the material broken at the initiation of the last round of blasts is cleared from the area that was blasted;

 

                (b)    the blasting area is examined for bootlegs and misfires.

 

Blaster record

511 (1)    Except as provided in subsection (2), at the end of a blaster’s shift, the blaster must create a record of the preparation and initiation of all blasts that the blaster was responsible for during the shift that includes all of the following information for each blast:

 

                (a)    the name of the employer and the name of mine;

 

                (b)    the date, shift and time that the blast or round of blasts was initiated;

 

                (c)    the location;

 

                (d)    at a coal mine, the results of the tests for flammable gas taken as required by Sections 479 and 497 and subsection 501(4);

 

                (e)    the number of detonators used;

 

                (f)    the mass of explosives used;

 

                (g)    numbers and details of any flamed charges at a coal mine or misfires;

 

                (h)    actual drilling and loading data;

 

                (i)     a sketch of the blast pattern;

 

                (j)     the actual delay pattern;

 

                (k)    the initiation method;

 

                (l)     the resistance of each electrical circuit measured in ohms;

 

                (m)   the resistance of the total electrical circuit at each blasting machine measured in ohms;

 

                (n)    the type of warning signal used;

 

                (o)    confirmation that accesses to danger areas were guarded;

 

                (p)    dangerous conditions found during an inspection after a blast.

 

       (2)    At a non-coal mine, a blaster record required by subsection (1) may be created by someone other than the blaster who was responsible for the blasts if the record is made no later than 24 hours after the blast and is based on written notes signed by the blaster and attached to the record.

 

       (3)    At least once a month, a blaster’s supervisor must review and sign the records made under this Section.

 

 

Part 14 - Job Training Program

 

Definitions for Part[ 14]

512 In this Part, all of the following definitions apply:

 

“hours”, in relation to training, teaching experience, work experience or the duration of a course, means hours that are actually spent in the training, teaching, work, or course;

 

“job training program” means a program made up of a series of courses provided by an employer to employees to ensure that employees are competent to perform work in the job categories to which they are designated or to perform that work to which they are assigned.

 

Employer required to have job training program

513 (1)    An employer must ensure that a job training program for a mine that includes all of the following is put in place and is adapted to the circumstances and conditions of the mine:

 

                (a)    courses that incorporate the training required under these regulations for each job category listed in Section 525 and additional training required by that Section;

 

                (b)    an annual refresher course as required by Section 531;

 

                (c)    training on all procedures as required by subsection 30(2);

 

                (d)    details of all of the following:

 

                         (i)      who is to be trained,

 

                         (ii)     how training will be carried out,

 

                         (iii)    when training will be carried out,

 

                         (iv)    the type of training that is required,

 

                         (v)     who will provide the training, including contractors;

 

                (e)    details of the training required before a mine worker is allowed to do work in the absence of a supervisor for which the worker has not been previously trained.

 

       (2)    A job training program must be developed using the requirements of the American National Standards Institute standard ANSI/ASSE Z490.1 2001, Criteria for Accepted Practices in Safety, Health, and Environmental Training, or an equivalent standard as a guide.

 

       (3)    A session of less than 30 consecutive minutes does not count as training for a job training program.

 

Review of job training program

514 (1)    The job training program must be reviewed at least once every 3 years, or more often if any of the following apply:

 

                (a)    there is a change in work conditions, such as any of the following:

 

                         (i)      alternative mining methods being introduced,

 

                         (ii)     different equipment being introduced,

 

                         (iii)    a change in work procedures;

 

                (b)    the review is required by law.

 

       (2)    An employer must keep documentation at the mine site that shows that the job training program has been reviewed in accordance with subsection (1).

 

       (3)    If the documentation required by subsection (2) is not made available, the mine’s job training program may be suspended by the Director, effective immediately and without notice from the Director.

 

Examination, audit or inquiry into job training program

515 (1)    The Director may require a job training program to be examined or audited or inquired into by an appropriate working committee, professional or occupational body or other association.

 

       (2)    All of the following persons must give a person carrying out an examination, audit or inquiry of a job training program information or explanation about the job training program that the person requires:

 

                (a)    an employer or a self-employed person providing the job training program;

 

                (b)    an employee or contractor providing the job training program;

 

                (c)    a person employed in delivering any part of the job training program.

 

       (3)    The employer providing the job training program must pay the costs of an examination, audit or inquiry into the job training program if the Director so orders.

 

Evaluation of job training program by Director

516 The Director may order an employer to provide the Director with information the Director requires to evaluate a job training program or the competence of any of its participants.

 

Records kept for job training program

517 (1)    For the purpose of subclause 11(c)(iii), a copy of the job training program must be kept at the mine, or another location acceptable to the Director, for at least 2 years after the mine closes.

 

       (2)    An employer must keep a file for each student in the job training program that includes all of the following:

 

                (a)    copies of certificates or diplomas earned by the student before participating in the program;

 

                (b)    a work history record from before the student worked at the mine;

 

                (c)    a list of the prerequisite or entrance requirements that the student has met for entry into a course or courses;

 

                (d)    results of exams and results of assignments the student has completed;

 

                (e)    a description of the training undertaken and experience gained by the student in the program;

 

                (f)    attendance records for each course that show the student’s attendance;

 

                (g)    a record of the work performed by the student while at the mine, other than as experience within a course required for a job category;

 

                (h)    a record of the successful completion of any course or courses required for a job category, signed by both of the following:

 

                         (i)      the person who determined the successful completion,

 

                         (ii)     the student.

 

       (3)    An employer must keep the student file referred to in subsection (2) for the following applicable duration:

 

                (a)    if the student is subsequently employed at the mine, while the former student is employed and for at least 2 years after the date they are no longer employed;

 

                (b)    if the student is not subsequently employed at the mine, for at least 2 years after the student has completed or left the course in which the student was enrolled.

 

       (4)    Unless the Director otherwise orders, the student file referred to in subsection (2) must be mailed to a former student at their last known address at the earliest of the following times:

 

                (a)    after the applicable retention period specified in clause (3)(a) or (b);

 

                (b)    when the mine is closed;

 

                (c)    when a course is no longer required for a job category.

 

Employer at coal mine to file annual summary of job training program

518 An employer at a coal mine must prepare and file with the Director an annual summary of training carried out as part of the job training program, including, for each course delivered in the year:

 

                (a)    the dates the course was delivered;

 

                (b)    the instructor or instructors for the course;

 

                (c)    the subject matter of the course;

 

                (d)    the location where the course was delivered;

 

                (e)    the name of each student enrolled in the course;

 

                (f)    the mark for each student on every exam or assignment in the course.

 

Suspending or imposing conditions on job training program

519 (1)    The Director may suspend or impose conditions on a job training program if, in the Director’s opinion, any of the following apply:

 

                (a)    there are insufficient or inadequate accommodations, facilities, equipment or materials to deliver the courses of the job training program;

 

                (b)    the instructors employed for the job training program are not qualified in accordance with subsection 523(5);

 

                (c)    conditions or requirements imposed by the Director are not complied with;

 

                (d)    false information is furnished to the Director;

 

                (e)    the employer fails to comply with the requirements of this Part or any other law integrally related to the job training program.

 

       (2)    The Director must give an employer who is providing a job training program notice of any suspension of the program or conditions imposed on the program and must include all of the following in the notice:

 

                (a)    if the program is suspended, the reasons for the suspension and the date the suspension begins;

 

                (b)    if conditions are imposed on the program, the conditions, the reasons for the conditions and the date by which the conditions must be complied with.

 

       (3)    Training must not be delivered under a job training program that is suspended under this Section for as long as the suspension is in effect.

 

       (4)    Any conditions imposed on a job training program under this Section must be complied with.

 

Notice for job training program for coal mine

520 An employer at a coal mine who files a report for the initial start up of a mine under Section 37, must file with the Director a notice in relation to the job training program that meets all of the following criteria:

 

                (a)    the notice identifies the employer and contractors who will deliver the job training program and states their contact information;

 

                (b)    the notice identifies the person responsible for the job training program and states their contact information;

 

                (c)    the notice identifies the person who is designated to make decisions and give information to the Director on the job training program, and states their contact information;

 

                (d)    the notice lists the courses that are required for each job description;

 

                (e)    the notice lists any approvals required under any enactment or from any professional, occupational or other association connected with the proposed job training program;

 

                (f)    the notice explains how the training requirements for each job category are appropriate for the mining methods and technology used at the mine;

 

                (g)    the notice includes copies of any executed contracts between any service provider and the employer in relation to the job training program.

 

External review of job training program for coal mine

521 (1)    An employer at a coal mine must, at their expense, have all of the course materials for each course in their job training program reviewed by either of the following:

 

                (a)    a mining industry association;

 

                (b)    2 separate arm’s-length mining industry representatives.

 

       (2)    All of the following must be provided to the persons or association conducting an external review of a job training program:

 

                (a)    the information required for a notice under Section 520;

 

                (b)    all information for each course of the program required by subsection 522(1).

 

       (3)    The persons or association performing an external review of a coal mine’s job training program must do all of the following:

 

                (a)    attest to having reviewed the course material and other information;

 

                (b)    give written opinions on all of the following:

 

                         (i)      whether the training objectives of each course for a job category are appropriate for the skills and duties for the job category,

 

                         (ii)     whether the courses required for each job category provide an adequate level of training for the job category,

 

                         (iii)    whether the course length is appropriate for the skills required for the job category,

 

                         (iv)    whether the course entrance requirements meet industry standards,

 

                         (v)     whether the instructional methods are appropriate for satisfactory job training program delivery;

 

                (c)    give reasons for any opinion that rates an aspect of the job training program as inappropriate or less than satisfactory.

 

Course information filed for program delivered by employer at coal mine

522 (1)    Except as provided in subsection (2) for courses delivered at certain educational institutions, an employer at a coal mine must file all of the following information with the Director for each course in their job training program:

 

                (a)    the course name and a description of the course, including all of the following:

 

                         (i)      the duration of the course,

 

                         (ii)     the delivery format,

 

                         (iii)    a list of books, supplies, equipment and materials that will be used;

 

                (b)    the designated job category and the job description for which the course is required training;

 

                (c)    the prerequisites required for the course;

 

                (d)    the training objectives of the course;

 

                (e)    the name of any person who developed the course or assisted in developing the course;

 

                (f)    a subject and module outline for the course;

 

                (g)    names of all instructors designated under subsection 523(2) to deliver or assist with the course, and all of the following information about each instructor:

 

                         (i)      contact information,

 

                         (ii)     educational background,

 

                         (iii)    teaching experience,

 

                         (iv)    practical experience,

 

                         (v)     a copy of any post-secondary degrees, certificates or licenses held,

 

                         (vi)    a current resume;

 

                (h)    the maximum student to teacher ratio;

 

                (i)     the performance outcomes, including the method of evaluation and results that must be achieved by a person to successfully complete the course;

 

                (j)     an indication of whether or not experience, work placement or off-site training is required by the course and what any experience, work placement or off-site training includes;

 

                (k)    if the premises where the training is delivered is owned and operated by the employer, identification of the premises to be used for the course, including the maximum person capacity of the floor area available for instruction including the classroom and any laboratory or shop areas;

 

                (l)     a copy of the written opinions required by subsection 521(3) from the most recent external review of the course.

 

       (2)    An employer is not required to comply with subsection (1) for a course in a job training program that is delivered by any of the following:

 

                (a)    a private career college within the meaning of the Private Career Colleges Regulation Act;

 

                (b)    an institution authorized to grant degrees or to provide a program of post-secondary study leading to a degree under the Degree Granting Act;

 

                (c)    a community college governed by the Community Colleges Act,

 

       (3)    A filing made under subsection (1) must include evidence satisfactory to the Director of all of the following:

 

                (a)    that the employer is able to comply with the requirements for a job training program as prescribed by these regulations;

 

                (b)    that the employer has obtained approvals required under any enactment or from

the appropriate professional, occupational or other associations connected with the proposed job training program.

 

       (4)    An employer at a coal mine must provide the committee or representatives, if any, with a copy of their job training program.

 

Instructors for job training program for coal mine

523 (1)    This Section applies to job training programs for coal mines.

 

       (2)    The mine manager must designate persons as instructors for the courses in a job training program, and only persons designated as instructors may instruct in a job training program.

 

       (3)    A job training program must not start until instructors are designated for the required courses for all job categories.

 

       (4)    A guest lecturer or workshop leader is not required to meet the requirements of this Section if delivering course material that is less than 8 hours in duration.

 

       (5)    Except as provided in subsections (4) and (6), to be designated as an instructor in a job training program, a person must meet 1 of the following sets of qualifications and experience:

 

                (a)    they must possess a bachelor’s degree from a Canadian university, or an equivalent degree from a university outside of Canada, in a subject directly related to the course to be taught, and have 12 months of job experience in the subject of the course to be taught;

 

                (b)    they must be a graduate of a program from the Nova Scotia Community College, another college, a trade or vocational school, or an equivalent institution, in a subject directly related to the course to be taught, and have 24 months of job experience in the subject of the course to be taught;

 

                (c)    they must possess a Bachelor of Education degree or a valid Nova Scotia teacher’s licence, and have 24 months of job experience in the course subject to be taught;

 

                (d)    they must be qualified as a mine examiner and have 60 months of job experience underground in a coal mine and 12 months of job experience in the course subject to be taught.

 

       (6)    An employer may file a request with the Director to designate a person who does not have the qualifications required by subsection (5) and the Director may grant the request if the Director is satisfied that the person is otherwise qualified to instruct or meets the requirements stated in another relevant enactment or by a relevant industry association.

 

       (7)    An instructor who does not have at least 1000 hours of teaching experience must enroll in an instructional methods or train-the-trainer program in their 1st year as an instructor in a job training program and provide the Director with all of the following about the instructional methods or train-the-trainer program:

 

                (a)    before starting to instruct in a job training program, written verification of enrollment in the instructional methods or train-the-trainer program;

 

                (b)    no later than 2 years after starting to instruct in a job training program, unless the Director grants a longer time, proof of completion of the instructional methods or train-the-trainer program.

 

Written job descriptions required and available

524 (1)    An employer must prepare a written job description for each job category of employee at the mine that states the duties and responsibilities of the employees designated to the job category, including the duties and responsibilities pertaining to health or safety.

 

       (2)    An employer must give each employee a copy of the job description for the employee’s job category.

 

Training courses required in job training program

525 (1)    The job training program for a mine must describe the minimum training for all of the following job categories:

 

                (a)    mine worker;

 

                (b)    supervisor;

 

                (c)    mine rescue worker;

 

                (d)    hoist operator, if the mine has a hoist;

 

                (e)    blaster, if explosives are used at the mine;

 

                (f)    mine surveyor;

 

                (g)    for a coal mine, all of the following:

 

                         (i)      mine manager,

 

                         (ii)     underground manager,

 

                         (iii)    coal mine electrician,

 

                         (iv)    coal mine mechanic,

 

                         (v)     mine examiner.

 

       (2)    In addition to the job categories listed in subsection (1), the job training program must include training on all of the following:

 

                (a)    committee membership or acting as a representative;

 

                (b)    the specific tasks carried out by any person working underground, including all of the following:

 

                         (i)      health and safety aspects and safe operating procedures for tasks and equipment,

 

                         (ii)     supervised practice of all major tasks during non-production,

 

                         (iii)    supervised performance of tasks during production,

 

                         (iv)    health and safety hazards of new or modified equipment,

 

                         (v)     any training relevant to the job category that the Director requires.

 

List of mine workers and designations, tasks and job categories

526 (1)    Before the start of mining, an employer must make a list of all mine workers that includes all of the following:

 

                (a)    the designations that are held by each mine worker required by these regulations;

 

                (b)    the job categories held by each mine worker.

 

       (2)    An up-to-date copy of the list required by subsection (1) must be kept at the mine.

 

       (3)    Except as permitted under subsection 544(2), a person must not be designated to any job category unless they have satisfactorily completed the relevant parts of the job training program.

 

Employees to be trained in accordance with job training program

527 All employees, including the employees of contractors at the mine, must be trained to perform their duties in accordance with the employer’s job training program.

 

Designating employee who has not completed courses for job category

528 (1)    In subsection (2), “courses” does not include an annual refresher course required by Section 531.

 

       (2)    The mine manager may designate an employee to a job category who has not completed the courses required for the job category if the employee has passed all examinations normally required as part of the courses required for that job category.

 

No untrained persons working underground

529 (1)    Except when working under supervision as permitted in subsections (2), (3) and (4), a person must not go underground at a mine unless the person is designated as a mine worker.

 

       (2)    A person who has not completed the task-specific training for a task they are assigned to perform, but has completed the training required for mine workers, may work underground at a mine if the person remains under the constant, close personal supervision of a competent person who meets all of the following qualifications:

 

                (a)    the competent person has completed the job training program for a mine worker;

 

                (b)    the competent person has completed the training required for the task;

 

                (c)    the competent person has experience performing the task.

 

       (3)    A person who does not regularly work underground at a mine may work underground under the constant, close personal supervision of a competent person who has completed the courses required for a mine worker.

 

       (4)    A person may work underground for a limited time to complete a portion of the job training program while under the constant, close personal supervision of a competent person.

 

Training for mine workers

530 The training for a mine worker must include all of the following:

 

                (a)    at least 30 hours of training, as required by this Section, with a minimum of 8 hours that are underground at a mine;

 

                (b)    an introduction to the Internal Responsibility System, as described in the Act, and the rights and responsibilities of employers, employees and supervisors and the functions of the committee or the representative, if any, under the Act and its regulations;

 

                (c)    an introduction to these regulations as they pertain to the work of the person taking the training;

 

                (d)    an explanation of the authority and responsibility of supervisors;

 

                (e)    an introduction to the employer’s health and safety rules;

 

                (f)    a tour of the underground, if the underground exists;

 

                (g)    an orientation to the mine;

 

                (h)    an introduction to the work environment, including observation of and an explanation of the methods of mining used at the mine;

 

                (i)     an explanation of how to enter and leave the mine;

 

                (j)     an introduction to personnel transportation;

 

                (k)    an introduction to procedures for communicating information;

 

                (l)     an explanation of the mine plan;

 

                (m)   an explanation of emergency evacuation and recognition of the alarm system;

 

                (n)    an introduction to barricading;

 

                (o)    an introduction to fire-fighting, including instruction in the use of fire-extinguishing equipment;

 

                (p)    an introduction to ground control procedures;

 

                (q)    an introduction to ventilation plans and procedures;

 

                (r)    an introduction to occupational health, including dust and noise;

 

                (s)    an explanation of cleanup and general rules;

 

                (t)     at a coal mine, an introduction to stone-dusting;

 

                (u)    an introduction to hazard recognition and avoidance;

 

                (v)    an introduction to hazards related to explosives;

 

                (w)   an introduction to electrical hazards;

 

                (x)    an explanation of procedures for reporting hazards;

 

                (y)    an explanation of first aid resources at the mine;

 

                (z)    an introduction to mine gases and environmental monitoring;

 

                (aa)  an introduction to the duties and responsibilities of a mine worker under the emergency preparedness program;

 

                (ab)  an identification of escapeways;

 

                (ac)  training in the use of a self-rescuer and introduction to the use of a self-contained breathing apparatus;

 

                (ad)  an introduction to health and safety aspects of and any procedures related to the tasks the person will be assigned,

 

                (ae)  any training relevant to the work that the Director requires.

 

Annual refresher course for mine workers

531 (1)    An employer must provide, and ensure that all mine workers attend, an annual refresher course of at least 6 hours’ duration that includes refreshers on all of the following:

 

                (a)    the Internal Responsibility System, as described in the Act, and the rights and responsibilities of employers, employees and supervisors and the functions of the committee or representative, if any, under the Act and its regulations;

 

                (b)    these regulations as they pertain to the work of the mine workers taking the training;

 

                (c)    transportation controls and procedures for communicating information;

 

                (d)    ground control procedures;

 

                (e)    escapeways, prevention of accidents and access to first aid facilities;

 

                (f)    use of a self-rescuer and self-contained breathing apparatus;

 

                (g)    mine gases, environmental monitoring and how to ensure that monitoring equipment is not interfered with;

 

                (h)    fire-fighting, including training in the use of fire-extinguishing equipment;

 

                (i)     duties and responsibilities of a mine worker under the emergency preparedness program;

 

                (j)     any training relevant to the work that the Director requires.

 

       (2)    A mine worker in a coal mine must be tested at least 4 times every 12 months at regular intervals for proficiency in fire-fighting procedures.

 

Training for mine rescue worker

532 The training for a mine rescue worker must include all of the following:

 

                (a)    at least 72 hours a year, including the sessions required by clause (b), in mine rescue procedures spread over a minimum of 12 days and with no longer than 3 months between each session;

 

                (b)    at least 2 sessions a year in mine rescue procedures carried out underground or in simulated underground emergency conditions, with no longer than 8 months between each underground or simulated underground session.

 

Training for supervisors

533 The training for a supervisor must include all of the following:

 

                (a)    the job training program for mine workers;

 

                (b)    at least 70 hours of training that includes all of the following:

 

                         (i)      an explanation of the role of a supervisor in ensuring health and safety, and implementing any program required under Section 28 of the Act,

 

                         (ii)     training on effective communication techniques and the role of a supervisor in implementing the communication procedures,

 

                         (iii)    training on the role of a supervisor in health and safety management systems,

 

                         (iv)    an explanation of the duties and responsibilities of a supervisor respecting

 

                                    (A) the emergency preparedness program,

 

                                    (B)  the Act and its regulations,

 

                         (v)     at least 42 hours of training on ground control procedures,

 

                         (vi)    any training relevant to the supervisor’s work that the Director requires.

 

Training for engineers

534 The training for an engineer who works underground must include the training for supervisors required by Section 533, except for the training on ground control procedures required by subclause 533(b)(v).

 

Training for member of committee or representative

535 (1)    The training of each committee member or representative must include all of the following:

 

                (a)    an introduction to these regulations as they pertain to the committee member’s or representative’s role and entitlement to receive notice or access to information;

 

                (b)    effective communication techniques;

 

                (c)    inspection and investigation procedures;

 

                (d)    use and review of committee records;

 

                (e)    procedures regarding conduct of a meeting;

 

                (f)    any training relevant to the member’s or representative’s role that the Director requires.

 

       (2)    In addition to the training requirements for a committee member referred to in subsection (1), an employer at a subsea coal mine must ensure that training for a committee member includes training on all of the following:

 

                (a)    reviewing documents, including engineering drawings;

 

                (b)    writing a report and giving written advice;

 

                (c)    the committee’s role in reviewing and advising upon documents;

 

                (d)    any training relevant to committee member’s duties that the Director requires.

 

Qualifications of hoist operator

536 (1)    A person is not eligible to be designated as a hoist operator unless the person meets all of the following qualifications:

 

                (a)    they hold a current certificate of fitness under Section 537 to work as a hoist operator and are physically fit to discharge the duties of a hoist operator without limitations;

 

                (b)    they have satisfactory knowledge of the provisions of these regulations that relate to the responsibilities of a hoist operator;

 

                (c)    they have passed an examination in subjects relating to hoist operation that assesses the person’s knowledge.

 

       (2)    To maintain a designation as a hoist operator at a mine, a person must operate a regularly operated hoisting system at a mine at least 6 hours each month.

 

Hoist operator certificate of fitness

537 (1)    A person who is designated as a hoist operator must pass an annual medical examination conducted by a physician and have a certificate of fitness to operate a hoist from the physician who performed the medical examination.

 

       (2)    A certificate of fitness to work as a hoist operator expires after 12 months.

 

       (3)    Before returning to work as a hoist operator after requiring medical attention by a physician for a condition that could limit the person’s ability to perform the duties of a hoist operator, a person must be examined by a physician and obtain a new certificate of fitness to work as a hoist operator from the physician who performed the examination.

 

Qualifications of blaster

538 A person is not eligible to be designated as a blaster unless the person meets all of the following qualifications:

 

                (a)    they have completed the job training program for mine workers;

 

                (b)    they have passed an examination that assesses the person’s knowledge in subjects relating to work with explosives;

 

                (c)    they have satisfactory knowledge of the provisions of these regulations that relate to the responsibilities of a blaster and the use of explosives underground;

 

                (d)    they have performed at least 1000 hours of work in blasting and can demonstrate experience in all of the following:

 

                         (i)      loading explosives,

 

                         (ii)     priming explosives,

 

                         (iii)    making blasting connections,

 

                         (iv)    connecting delays or sequencing devices,

 

                         (v)     initiating blasts,

 

                         (vi)    for designation at a coal mine, testing for flammable gas;

 

                (e)    they have performed the following number of supervised blasts:

 

                         (i)      for designation at a non-coal mine, 4,

 

                         (ii)     for designation at a coal mine, 30,

 

                (f)    for designation at a coal mine, they have at least 3 years’ experience working underground;

 

                (g)    for designation at a non-coal mine, they have at least 1 year[’s] experience working underground.

 

Qualifications of mine rescue worker

539 A person is not eligible to be designated as a mine rescue worker unless the person meets all of the following qualifications:

 

                (a)    they hold 1 of the following:

 

                         (i)      an advanced workplace first aid certificate, as defined in Section 4.1 of the Workplace Health and Safety Regulations made under the Act,

 

                         (ii)     an advanced first aid certificate recognized under Section 4.20 of the Workplace Health and Safety Regulations made under the Act;

 

                (b)    they have passed an examination in subjects relating to mine rescue work that assesses the person’s knowledge of the content of the mine rescue courses required by the job training program;

 

                (c)    they hold a current certificate of fitness under Section 540 to work as a mine rescue worker and are physically fit to discharge the duties of a mine rescue worker without limitations;

 

                (d)    for designation at a coal mine, they have at least 1 year of experience working underground;

 

                (e)    they have completed any training related to mine rescue required by these regulations;

 

                (f)    they have satisfactory knowledge of the provisions of these regulations that relate to the responsibilities of a mine rescue worker.

 

Mine rescue worker certificate of fitness

540 (1)    A person who is designated as a mine rescue worker must pass an annual medical examination conducted by a physician and have a certificate of fitness to work as a mine rescue worker from the physician who performed the medical examination.

 

       (2)    A certificate of fitness to work as a mine rescue worker expires after 12 months.

 

       (3)    Before returning to work as a mine rescue worker after requiring medical attention by a physician for a condition that could limit a person’s ability to perform the duties of a mine rescue worker, a person must be examined by a physician and obtain a new certificate of fitness to work as a mine rescue worker from the physician who performed the examination.

 

Qualifications of mine rescue team captain

541 A person is not eligible to be designated as a mine rescue team captain unless the person meets all of the following qualifications:

 

                (a)    they are designated as a mine rescue worker;

 

                (b)    for designation at a coal mine, they meet the qualifications of a mine examiner required by Section 548.

 

Qualification of mine rescue trainer

542 A person is not eligible to be designated as a mine rescue trainer unless the person meets all of the following qualifications:

 

                (a)    they meet the qualifications of a mine rescue worker required by Section 539, except for the certificate of fitness required by clause 539(c);

 

                (b)    for designation at a coal mine, they meet the qualifications of a mine examiner required by Section 548.

 

Qualifications of mine workers at coal mine

543 (1)    A person is not eligible to be designated as a mine worker at a coal mine unless the person meets all of the following qualifications:

 

                (a)    they have had training and experience underground in a coal mine in all of the following:

 

                         (i)      cutting, shearing, boring or loosening coal,

 

                         (ii)     except as provided in subsection (2), at least 6 months of experience in or about a working face;

 

                (b)    they have satisfactory knowledge of the provisions of these regulations that relate to the responsibilities of a mine worker in a coal mine;

 

                (c)    they have passed a practical examination that assesses the person’s skill level;

 

                (d)    they have passed an examination in subjects relating to mining that assesses the person’s knowledge.

 

       (2)    A mine worker who does not regularly work in or about a working face is not required to have 6 months’ experience working in or about a working face if they have all other required training for the job they are required to perform.

 

Qualifications of mine manager at coal mine

544 (1)    A person is not eligible to be designated as a mine manager at a coal mine unless the person has a satisfactory knowledge of the Act and its regulations and meets 1 of the following qualifications:

 

                (a)    they hold a degree in mine engineering or the equivalent from a university accredited by the Canadian Engineering Accreditation Board and have at least 3 years of experience working underground at a coal mine;

 

                (b)    they have at least 5 years of experience in coal mining, including at least 1 year as an underground manager or at least 3 years in a supervisory capacity underground, and they have completed grade 12 of the public school system or the equivalent.

 

       (2)    As soon as reasonably practicable after designation, the mine manager must complete the job training program for a mine manager.

 

Qualifications of underground manager at coal mine

545 A person is not eligible to be designated as an underground manager at a coal mine unless the person meets all of the following qualifications:

 

                (a)    they have completed grade 12 of the public school system or the equivalent;

 

                (b)    they hold 1 of the following:

 

                         (i)      an advanced workplace first aid certificate, as defined in Section 4.1 of the Workplace Health and Safety Regulations made under the Act,

 

                         (ii)     an advanced first aid certificate recognized under Section 4.20 of the Workplace Health and Safety Regulations made under the Act;

 

                (c)    they have received education in mining subjects acceptable to the Director;

 

                (d)    they have at least 5 years of experience in coal mining, including at least 1 year underground;

 

                (e)    they have a satisfactory knowledge of the Act and its regulations;

 

                (f)    they have completed the job training program for an underground manager.

 

Qualifications of intermediate supervisors at coal mine

546 (1)    If the hierarchy of supervisors at a coal mine includes a level of supervision between the mine manager and the underground manager, a supervisor at that level must be a competent person who

 

                (a)    has completed the job training program for a mine manager at a coal mine;

 

                (b)    meets the qualifications for a mine manager at a coal mine required by Section 544.

 

       (2)    If the hierarchy of supervisors at a coal mine includes a level of supervision between the underground manager and a first-line supervisor, a supervisor at that level must be a competent person who

 

                (a)    has completed the training program for underground managers;

 

                (b)    meets the qualifications for an underground manager required by Section 545.

 

Qualifications of first-line supervisor at coal mine

547 A first-line supervisor responsible for a section at a coal mine must be designated as a supervisor under Section 68 and must

 

                (a)    hold 1 of the following:

 

                         (i)      an advanced workplace first aid certificate, as defined in Section 4.1 of the Workplace Health and Safety Regulations made under the Act,

 

                         (ii)     an advanced first aid certificate recognized under Section 4.20 of the Workplace Health and Safety Regulations made under the Act;

 

                (b)    meet 1 of the following qualifications:

 

                         (i)      the qualifications for a mine examiner required by Section 548,

 

                         (ii)     hold a diploma or certificate from a correspondence, technical or mining school acceptable to the Director, certifying that the person has satisfactorily completed a course of study in mining subjects,

 

                         (iii)    hold a degree in engineering from a college or university acceptable to the Director; and

 

                (c)    have the following applicable experience:

 

                         (i)      for a person meeting the qualifications set out in subclause (b)(i), at least 3 years of experience in coal mining, including at least 1 year underground;

 

                         (ii)     for a person meeting the qualifications set out in subclauses (b)(ii) or (iii), at least 1 year of experience in and about a coal mine.

 

Qualifications of mine examiner at coal mine

548 A person is not eligible to be designated as a mine examiner in a coal mine unless the person meets all of the following qualifications:

 

                (a)    they hold 1 of the following:

 

                         (i)      an advanced workplace first aid certificate, as defined in Section 4.1 of the Workplace Health and Safety Regulations made under the Act,

 

                         (ii)     an advanced first aid certificate recognized under Section 4.20 of the Workplace Health and Safety Regulations made under the Act;

 

                (b)    they have at least 3 years of underground coal mining experience;

 

                (c)    they have a satisfactory knowledge of the Act and its regulations.

 

Qualifications of mine surveyor in coal mine

549 A person is not eligible to be designated as a mine surveyor in a coal mine unless the person meets all of the following qualifications:

 

                (a)    they have taken at least 1 technical course in surveying;

 

                (b)    they have at least 6 months’ underground coal mining experience with a survey crew.

 

Qualifications of engineer in coal mine

550 A person is not eligible to work as an engineer underground in a coal mine unless the person meets all of the following qualifications:

 

                (a)    they are an engineer within the meaning of the Engineering Profession Act;

 

                (b)    they have completed the training for engineers required by Section 534;

 

                (c)    they have a satisfactory knowledge of the Act and its regulations.

 

Qualifications of coal mine electrician

551 A person is not eligible to be designated as a coal mine electrician unless the person meets all of the following qualifications:

 

                (a)    they hold a certificate of qualification under the Apprenticeship and Trades Qualifications Act for any of the following:

 

                         (i)      an industrial electrician,

 

                         (ii)     a construction electrician,

 

                         (iii)    a mine electrician;

 

                (b)    they have worked for at least 12 months under the supervision of a coal mine electrician;

 

                (c)    they have satisfactory knowledge of the Act and its regulations as they relate to the use of electricity underground.

 

Qualifications of chief coal mine electrician

552 A person is not eligible to be designated as a chief coal mine electrician unless the person

 

                (a)    meets the qualifications of a coal mine electrician required by Section 551;

 

                (b)    is designated by the mine manager as a coal mine electrician; and

 

                (c)    is designated by the mine manager as a supervisor.

 

Qualifications of coal mine mechanic

553 A person is not eligible to be designated as a coal mine mechanic unless the person meets all of the following qualifications:

 

                (a)    they hold a certificate of qualification under the Apprenticeship and Trades Qualifications Act for 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 mine mechanic,

 

                         (vii)   a truck and transport mechanic,

 

                         (viii)  a farm equipment mechanic;

 

                (b)    they have worked for at least 12 months under the supervision of a coal mine mechanic;

 

                (c)    they have a satisfactory knowledge of the Act and its regulations as they relate to mechanical systems.

 

Qualifications of chief coal mine mechanic

554 A person is not eligible to be designated as a chief coal mine mechanic unless the person

 

                (a)    meets the qualifications of a coal mine mechanic required by Section 553;

 

                (b)    is designated by the mine manager as a coal mine mechanic; and

 

                (c)    is designated by the mine manager as a supervisor.

 

 

Schedule A: Fees for Filing and Review of Documents

(Section 59 of the Underground Mining Regulations)

 

Table 1: All Mines

 

The following are the fees required in accordance with Section 59 for the filing of documents by an employer for review by the Director:

 

 

Description of Document

Section in Regulations

Fee

1

Code of practice to re-enter a mine without significantly disturbing the ground of the mine

3(3)(b)

$7780.70

2

Revision made to a document required to be filed with the Director under regulations

12(2)(b)

$1667.30

3

Mine plan

34 and 58

$2778.85

4

Electrical installations plan

34 and 58

$7780.70

5

Ground control procedure

34 and 58

$3890.35

6

Ventilation plan

34 and 58

$22 930.20

7

Report on proposal to proceed with the development or construction of a mine, or re-entry into a mine that ceased development or production for 60 consecutive days or more

37

$11 671.15

8

Report on a proposal to shut down, close or abandon a mine

39

$11 671.15

9

Report on a proposal to designate an area of a coal mine as a non-explosion risk zone

46

$1111.50

10

Report on a proposal to install equipment at a coal mine that is not intrinsically safe or not flameproof

47(1)

$2223.05

11

Financial expert’s report on the employer’s business plan and feasibility study

49(3)

$2778.85

12

Plan and procedure for proposed work within 100 m of an area listed in clauses 109(1)(a) to (d)

111(1)

$555.80

13

Report prepared by an engineer for employer who notifies the Director of their intention not to backfill an abandoned panel or abandoned stope

117(1)(b)

$2223.05

14

Coal dust minimization procedure

186(1)

$1111.50

15

Annual summary of job training program

518

$555.80

Table 2: Subsea Coal Mines

 

The following are the fees required in accordance with Section 59 for the filing of documents by an employer at a subsea coal mine for approval by the Director:

 

 

Description of Document

Section in Regulations

Fee

1

Report on proposed significant change or experimental activity

35(8)

$2223.05

2

Report on a proposal to shut down, close or abandon a mine

35(8)

$5557.70

3

Report on shaft sinking or deepening

35(8)

$6113.45

4

Report on installation or major alteration of mine hoisting plant

35(8)

$2223.05

5

Report on installation of fuel systems

35(8)

$2223.05

6

Report on construction of barrier, dam, bulkhead, stopping or sealing off abandoned areas

35(8)

$4446.15

7

Report on construction of battery charging station

35(8)

$1667.30

8

Report on transporting persons for the first time

35(8)

$2778.85

9

Report on designation of an area as a non-explosion risk zone

35(8)

$3334.60

10

Report on use of equipment that is not intrinsically safe or flameproof

35(8)

$2223.05

11

Report on shortest distance between primary or auxiliary access and any working

35(8)

$2223.05

12

Procedure for advancing towards a geological fault

35(8)

$1667.30

13

Emergency preparedness program

35(7)

$1667.30

14

Hot work procedures

35(8)

$1111.50

15

Mine explosion suppression procedure

35(8)

$1111.50

16

Mechanical work procedure

35(8)

$555.80

17

Information on installing, energizing or using pneumatic-powered or hydraulic-powered equipment

35(8)

$1667.30

18

Report on operating and maintaining booster fan

35(8)

$555.80

19

Information on installing or operating an internal combustion engine

35(8)

$1667.30

20

Procedures for fuelling mobile equipment

35(8)

$1111.50

21

Procedures for operating mobile equipment

35(8)

$1111.50

22

Procedures for using remote controlled equipment

35(8)

$1111.50

23

Procedures for operating a mine hoisting plant

35(8)

$1111.50

24

Using a raise climber

35(8)

$555.80

25

Procedure for using explosives

35(8)

$1111.50

26

Using temporary storage boxes

35(8)

$555.80

27

Procedure for drilling near loaded holes

35(8)

$1111.50

28

Procedure for handling misfires

35(8)

$555.80

 

 

 

 


Legislative History
Reference Tables

Underground Mining Regulations

N.S. Reg. 296/2008

Occupational Health and Safety Act

Note:  The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Underground Mining Regulations made under the Occupational Health and Safety Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

296/2008

Aug 1, 2008

date specified

unpublished1

115/2011

Apr 1, 2011

date specified

Apr 15, 2011

141/2013

Apr 1, 2013

date specified

Apr 12, 2013

144/2014

Oct 1, 2014

date specified

Oct 3, 2014

140/2015

Apr 1, 2015

date specified

Apr 8, 2015

45/2022

Jun 13, 2022

date specified

Mar 25, 2022

The following regulations are not yet in force and are not included in the current consolidation:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

 

 

 

 

 

 

 

 

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added
am. = amended

fc. = fee change
ra. = reassigned

rep. = repealed
rs. = repealed and substituted

Provision affected

How affected

29......................................................

rs. 144/2014

151(e)...............................................

rs. 45/2022

539(a)...............................................

rs. 45/2022

545(b)...............................................

rs. 45/2022

547(a)...............................................

rs. 45/2022

548(a)...............................................

rs. 45/2022

Schedule A

Table 1........................................

rs. 115/2011, 141/2013, 140/2015

Table 2........................................

rs. 115/2011, 141/2013, 140/2015

 

 

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections

 

Note

Effective
date

1

Dispensed from publication by O.I.C. 2008-306, clause (b), and dispensation published in the Jun 20, 2008, issue of the Royal Gazette Part II.

 

2

The reference to the Emergency Management Office in s. 127(1)(c) should be read as a reference to the Department of Justice in accordance with O.I.C. 2011-147 under the Public Service Act, R.S.N.S. 1989, c. 376, which abolishes the Emergency Management Office and transfers responsibility for emergency management.

Apr 19, 2011

3

The reference to the Emergency Management Office in s. 127(1)(c) should be read as a reference to the Department of Municipal Affairs in accordance with O.I.C. 2014-71 under the Public Service Act, R.S.N.S. 1989, c. 376, which transfers responsibility for emergency management.

Apr 1, 2014

4

The title of the Private Career Colleges Regulation Act referred to in s. 522(2)(a) is changed to the Private Career Colleges Act by S.N.S. 2015, c. 25, s. 2.

May 11, 2015

5

The reference to the Emergency Management Office in s. 127(1)(c) should be read as a reference to the Department of Municipal Affairs and Housing in accordance with O.I.C. 2019-150 under the Public Service Act, R.S.N.S. 1989, c. 376.

Jun 3, 2019

6

The reference to the Emergency Management Office in s. 127(1)(c) should be read as a reference to the Department of Municipal Affairs in accordance with O.I.C. 2021-58 under the Public Service Act, R.S.N.S. 1989, c. 376.

Feb 23, 2021

7

The reference to the Emergency Management Office in s. 127(1)(c) should be read as a reference to the Department of Municipal Affairs and Housing in accordance with O.I.C. 2021-209 under the Public Service Act, R.S.N.S. 1989, c. 376.

Aug 31, 2021

Repealed and Superseded

N.S.
Regulation

Title

In force
date

Repealed
date

153/2003

Underground Mining Regulations

Nov 8, 2003

Aug 1, 2008

 

 

 

 

Note:  Only regulations that are specifically repealed and replaced appear in this table.  It may not reflect the entire history of regulations on this subject matter.