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O. Reg. 31/04: MINES AND MINING PLANTS

filed February 27, 2004 under Occupational Health and Safety Act, R.S.O. 1990, c. O.1

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ONTARIO regulation 31/04

made under the

occupational health and safety act

Made: February 25, 2004
Filed: February 27, 2004
Printed in The Ontario Gazette: March 13, 2004

Amending Reg. 854 of R.R.O. 1990

(Mines and Mining Plants)

1. Section 1 of Regulation 854 of the Revised Regulations of Ontario, 1990 is amended by adding the following definition:

“SABS” means South African Bureau of Standards;

2. The Regulation is amended by adding the following section:

6.1 (1) In an underground mine, the geometry of an existing excavation that does not have ground support shall not be altered unless,

(a) the owner of the mine arranges for a professional engineer to prepare, in accordance with sound geotechnical engineering practices, a written report on the proposed alteration; and

(b) the report states that the safety of workers will not be endangered by the proposed alteration.

(2) In an underground mine, a new excavation that is planned to have no ground support shall not be made unless,

(a) the owner of the mine arranges for a professional engineer to prepare, in accordance with sound geotechnical engineering practices, a written report on the proposed excavation; and

(b) the report states that the safety of workers will not be endangered by the proposed excavation.

(3) The owner of the mine shall ensure that copies of reports prepared under subsections (1) and (2) are,

(a) kept readily available at the mine site; and

(b) given to the joint health and safety committee or health and safety representative, if any, and to any trade union representing workers at the workplace.

3. The Regulation is amended by adding the following section:

11.2.2 (1) Employers engaged in contiguous underground mine operations and smelter operations shall establish and maintain the following training programs:

1. Common Core for Basic Smelter Operations — Mineral Ore (Program #P810080).

2. Common Core for Non-Production Workers in a Smelter Operation — Mineral Ore (Program #P810090).

(2) Employers shall train workers in the common core modules described in subsection (1),

(a) by June 1, 2005 if the worker commenced employment on or before June 1, 2004; or

(b) within 12 months after commencing employment, if the worker commences employment after June 1, 2004.

(3) Subsection (2) does not apply if the worker successfully completed the program described in subsection (1) before being employed by the employer.

(4) A certificate of achievement showing that a worker has successfully completed the training program referred to in subsection (1), issued by the Ministry of Training, Colleges and Universities, is conclusive proof for the purposes of this section of the worker’s successful completion of the program.

4. (1) Clause 105 (1) (i) of the Regulation is revoked and the following substituted:

(i) when left unattended, have,

(i) the control placed in the parking position, and

(ii) the brake fully applied;

(2) Subsection 105 (3) of the Regulation is revoked and the following substituted:

(3) Where the view of the operator of a motor vehicle in the direction of its travel is limited,

(a) the vehicle shall be equipped with an audible or visible alarm that will warn a worker who may be endangered by the movement of the vehicle;  and

(b) the alarm shall be activated before the vehicle is put in motion.

5. Section 107 of the Regulation is revoked and the following substituted:

107. (1) A motor vehicle in a mine shall be equipped with wheel chocks that comply with Society of Automotive Engineers Standard SAE J348 JUN90 “Wheel Chocks”.

(2) The wheel chocks shall be used to block movement whenever the vehicle,

(a) is left unattended on a slope; or

(b) is being maintained or repaired.

(3) Despite subsections (1) and (2), an alternative means of blocking the movement of a motor vehicle in the circumstances described in subsection (2) may be used if the alternative means is developed by the employer in consultation with the joint health and safety committee or the health and safety representative, if any, for the workplace. 

(4) Whenever work is to be performed on an energized rubber tire with a multi-piece wheel, a device shall be used to prevent injury to a worker.

(5) The device mentioned in subsection (4) is not required when topping off the air pressure in a tire.

6. Subsections 120 (1) and (2) of the Regulation are revoked and the following substituted:

(1) A service garage, service bay or fuelling station in an underground mine shall,

(a) be designed and protected to prevent inadvertent entry of an uncontrolled motor vehicle;

(b) be located so that in the event of a fire or explosion in the garage, bay or station there will be a minimum effect on working areas of the mine or on underground installations including shafts, magazines, refuge stations, transformer installations and other installations;

(c) have a concrete floor without service pits in the floor; and

(d) be equipped with a system to contain spills of oil and grease.

(2) A service garage or service bay shall be of sufficient size to,

(a) accommodate the longest and widest vehicle that will use the garage or bay; and

(b) provide clearance around the vehicles being serviced to permit the safe performance of all work in the garage or bay. 

(2.1) A vehicle shall be serviced where practicable at a service garage or a service bay.

(2.2) Only one vehicle may be serviced at a service bay at any one time.

7. Subsections 128 (4) and (5) of the Regulation are revoked and the following substituted:

(4) Explosive that is damaged shall be disposed of in accordance with the following rules:

1. The employer shall establish, in consultation with the joint health and safety committee or the health and safety representative, if any, a procedure for safely disposing of damaged explosive.

2. The procedure shall state,

i. what maximum accumulation of damaged explosive is permitted in a magazine or storage place before the damaged explosive must be disposed of,

ii. what means of disposal shall be used, and

iii. how frequently damaged explosive shall be disposed of, in addition to disposal under subparagraph i.

(5) Explosive that is unattended shall not be left in or about any working place but shall be returned to storage.

8. The Regulation is amended by adding the following section:

135.1 (1) This section applies when detonators are being transported otherwise than by means of a motor vehicle or train.

(2) Detonators shall be carried in containers that are,

(a) suitable for the purpose; and

(b) clearly marked as containing detonators.

(3) The employer shall make containers that comply with subsection (2) readily available to workers.

9. The Regulation is amended by adding the following section:

141.1 (1) In a blasting operation, the worker who makes the final connections necessary to allow the blast to be fired is the only person who is permitted to fire the blast.

(2) Despite subsection (1), if it is not possible for the same worker to perform both functions in a particular blasting operation,

(a) the employer, in consultation with the joint health and safety committee, or the health and safety representative, if any, shall establish safe procedures for performing the blasting operation;

(b) the employer shall ensure that the safe procedures are set out in writing and that the workers involved in the blasting operation are informed about the safe procedures before performing any tasks in connection with the blasting operation; and

(c) every worker involved in the blasting operation shall follow the safe procedures.

10. Section 185 of the Regulation is revoked and the following substituted:

185. (1) In this section,

“machine” includes a prime mover, transmission equipment and thing.

(2) A machine that has an exposed moving part that may endanger the safety of any person shall be fenced or guarded unless its position, construction or attachment provides equivalent protection.

(3) A machine shall be provided with a device that automatically prevents a worker operating it from coming in contact with any moving part.

(4) The travelway of a counterweight shall be guarded or located to prevent,

(a) inadvertent entry thereto by a worker; and

(b) injury to a worker should the counterweight become detached from its fastenings.

(5) Clearance sufficient for the safety of a worker shall be provided from the path of travel of,

(a) a load carried by a machine;

(b) a moving part of a machine; and

(c) another machine.

(6) A revolving set screw, bolt, key or other similar device shall be recessed, encased or guarded to prevent inadvertent contact by a worker.

(7) If any work is being done on a machine,

(a) the moving parts shall be stopped;

(b) any hydraulic, pneumatic or gravity stored energy shall be dissipated or contained;

(c) energy isolating devices shall be installed if the machine is not already equipped with them; and

(d) all energy isolating devices shall be properly engaged, locked and tagged.

(8) Before doing any work to which subsection (7) applies, a worker shall verify, by testing, that the requirements of that subsection have been complied with.

(9) A tag required by clause (7) (d) shall,

(a) be secured to prevent its accidental removal;

(b) state the reason the energy isolating devices are locked and tagged;

(c) show the name of the person responsible for locking and tagging the energy isolating devices; and

(d) show the date on which the energy isolating devices were locked and tagged.

(10) If it is not practical to comply with subsection (7) or with subsection 160 (1), work to which those subsections apply may be done if, while it is being done, barriers, shields or other effective precautions are used or taken for the safety of a worker.

11. Subsection 198 (2) of the Regulation is revoked and the following substituted:

(2) A steam boiler or compressor to which Ontario Regulation 220/01 (Boilers and Pressure Vessels) made under the Technical Standards and Safety Act, 2000 does not apply shall be regularly cleaned and examined for proper and safe condition.

12. Section 211 of the Regulation is revoked and the following substituted:

211. (1) This section applies if a shaft conveyance is being used to transport persons.

(2) The hoist shall be equipped with control devices that prevent the shaft conveyance from being taken,

(a) to the dump position, unless a procedure is established and followed that ensures persons on the shaft conveyance remain securely in place if the conveyance is taken to the dump position; or

(b) below a loading pocket, unless the controls for loading the shaft conveyance from that pocket have been made inoperative or the persons are being transported in a separate compartment of the shaft.

(3) If a shaft conveyance that is being used to transport persons is not a cage or a combination skip and cage designed to normally transport persons, the hoist shall not be permitted to travel at a speed that is more than the lesser of,

(a) one-half the normal speed of the hoist; or

(b) five metres per second.

(4) The control devices of the hoist shall be designed and installed to be fail safe. 

(5) An audible or visible signal that the control devices for the hoist are set in operation shall be given to persons entering the shaft conveyance.

13. Section 217 of the Regulation is amended by adding the following subsection:

(2) Despite clause (1) (b), a drum hoist may have a maximum of five layers of rope if,

(a) the mine hoisting plant meets the standards set out in SABS Code of Practice 0294, Ed. 1, “The performance, operation, testing and maintenance of drum winders relating to rope safety”, as approved according to procedures of SABS on August 4, 2000; and

(b) the rope is used, maintained and examined according to the requirements set out in SABS Code of Practice 0293:1996, “Condition assessment of steel wire ropes on mine winders”, as approved by the President of SABS on September 16, 1996.

14. (1) Clause 228 (1) (a) of the Regulation is revoked and the following substituted:

(a) a 2.5 metre representative sample has been subjected to a destructive test in accordance with CSA Standard G4-00 “Steel Wire Rope for General Purpose and for Mine Hoisting and Mine Haulage”; and

(2) Subsections 228 (2.1) and (3) of the Regulation are revoked and the following substituted:

(2.1) A piece of the rope at least 2.5 metres long located at the lower end above the attachment to the conveyance shall be cut off, have its ends fastened to prevent unravelling and be tested in accordance with CSA Standard G4-00 “Steel Wire Rope for General Purpose and for Mine Hoisting and Mine Haulage”.

(2.2) The date of each test under subsections (1) and (2.1) and the results obtained shall be recorded in the Rope Record Book for the rope.

(3) A Certificate of Test issued under section 20 shall be kept available for inspection, and a copy shall be given to the joint health and safety committee or health and safety representative, if any.

(3) Subsection 228 (12) of the Regulation is revoked and the following substituted:

(12) The factor of safety of a hoisting rope installed on a drum hoist shall not be less than,

(a) 8.5 at the point the rope is attached to a shaft conveyance or counterweight, subject to clause (b);

(b) 7.5 at the point the rope is attached to a skip or counterweight where the material load was accurately weighed; and

(c) 5.0 at the point the rope leaves the head sheave when the shaft conveyance or counterweight is at its lowest point of normal travel, subject to subsection (12.1).

(12.1) Clause (12) (c) does not apply if,

(a) the drum hoist is being used in a vertical shaft;

(b) at the point that the rope leaves the head sheave when the shaft conveyance or counterweight is at its lowest point of normal travel, the rope has a breaking strength at the time of installation of not less than that obtained from the formula, 25,000 divided by the quantity (4,000 plus L) multiplied by the maximum suspended load to be carried by the rope, including the load represented by the weight of the rope itself, where L is the maximum length of the rope in metres, in the shaft compartment below the head sheave;

(c) the mine hoisting plant meets the standards set out in SABS Code of Practice 0294, Ed. 1, “The performance, operation, testing and maintenance of drum winders relating to rope safety”, as approved according to procedures of SABS on August 4, 2000; and 

(d) the rope is used, maintained and examined according to the requirements set out in SABS Code of Practice 0293:1996, “Condition assessment of steel wire ropes on mine winders”, as approved by the President of SABS on September 16, 1996.

(4) Clause 228 (13) (a) of the Regulation is revoked and the following substituted:

(a) the factor obtained from the formula 8.0 minus 0.00164 L, where L is the maximum length of the rope in metres, in the shaft compartment below the head sheave or the drum of a friction hoist; or

15. (1) Clause 240 (a) of the Regulation is revoked and the following substituted:

(a) at least once during his or her shift, in accordance with subsection (2),

(i) test for the satisfactory working conditions and holding capacity of the hoist brakes, and

(ii) test the holding capacity of any friction clutch;

(2) Section 240 of the Regulation is amended by adding the following subsection:

(2) The following applies with respect to the tests required by clause (1) (a): 

1. The tests shall be conducted in accordance with a procedure established for the hoist.

2. The hoist operator shall conduct the tests immediately before the hoist is used to move a shaft conveyance that is transporting persons.

3. If the tests have been conducted under paragraph 2 during a shift, it is not necessary to conduct them again during the same shift.