This resource does not replace the Occupational Health and Safety Act (OHSA) and its regulations, and should not be used as or considered legal advice. Health and safety inspectors apply the law based on the facts in the workplace.

Purpose

The purpose of this guideline is to assist workplace parties with understanding the requirements in Regulation 854 (Mines and Mining Plants) under the Occupational Health and Safety Act (OHSA) for independently powered conveyances (IPCs) used in underground mines in place of a ladderway.

Objectives

The objectives of this guideline are to:

  • assist workplace parties by providing information to help comply with the requirements for independently powered conveyances
  • provide information and best practices for underground mines that use independently powered conveyances rather than a ladderway in a shaft
  • provide information on current independently powered conveyance design and engineering best practices

Legal requirements

Regulation 854 (Mines and Mining Plants) sets out the requirements for the use of independently powered conveyances in mines.

Generally, the key legal requirements include:

  • Section 37 (mine escapeway)
  • Section 50 (ladders in shafts)
  • Section 50.1 (independently powered conveyances used in place of a ladderway)
  • Section 203 (certification of independently powered conveyance)
  • Section 204 (certification of shaft conveyances)
  • Section 205 (commissioning tests of hoists)
  • Section 242 (normal and emergency hoisting procedures)

Regulation 854 also requires all employers to conduct risk assessments of the workplace for the purpose of identifying, assessing, and managing hazards, and potential hazards, that may expose a worker to injury or illness. The risk assessment requirements are outlined in sections 5.1, 5.2, and 5.3.

Under these provisions, an employer must develop and maintain measures to eliminate, where practicable, or control, where the elimination is impracticable, the hazards, and potential hazards, identified in the risk assessment. The measures must be developed in consultation with the joint health and safety committee (JHSC) and health and safety representative (HSR), if any. This would include any measures the employer has put into place to mitigate the risks of operating independently powered conveyances. The results of these risk assessments should be considered in the development of measures to protect the health and safety of workers.

The Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has developed a Risk Assessment and Management for Mines and Mining Plants Guideline to help workplace parties understand how to identify, assess, and control workplace hazards.

Background

There has been a legal requirement in Ontario to have a separate ladderway in each shaft since at least 1919. Subsequent amendments in 1979 and 1983 allowed the use of an independently powered conveyance (IPC) instead of a ladderway. Currently, section 50 of Regulation 854 requires that there be a suitable ladderway or an IPC provided in every shaft as a means of getting persons out of a shaft.

While mine hoisting plants, raise climbers or other similar equipment are often used as IPCs, there may be other different arrangements including:

  • permanently installed IPC used for normal operations
  • permanently installed IPC used for emergency purposes only
  • temporary installed IPCs used for emergency purposes only
  • permanently or temporarily installed IPC used as a separate means of escapement or egress from the mine

As of July 1, 2023, subsection 50.1(1) requires that any independently powered conveyance must:

  • have a source of power that is independent of the main source of power for the mine
  • be capable of safely transferring persons up and down in a shaft to a location from which they can safely exit the shaft
  • be readily available for use

Subsections 50.1(2) and (3) set out specific requirements for independently powered conveyances that are part of a mine hoisting plant and used for emergency purposes only (“Emergency-use IPCs”). Sections 203 to 250 do not apply to Emergency-use IPCs.

There may be additional requirements that apply when certain equipment or apparatus is being used as an IPC. For example, if a raise climber is used as an IPC, it must also comply with any requirements in Regulation 854 for raise climbers. If the IPC is a mine hoisting plant and is used regularly in normal operations, it must meet all other requirements applicable to mine hoisting plants, including the design and maintenance requirements set out in sections 203 through 250 of Regulation 854.

Employers must conduct a risk assessment as set out in sections 5.1, 5.2 and 5.3 of Regulation 854 to assess and develop mitigating controls for hazards associated with the use of IPCs. To conduct a risk assessment, employers need to assess the likelihood and consequences of potential mechanical, electrical or structural failures of IPCs, in consultation with the joint health and safety committee or health and safety representative, if any.

Appropriate measures and procedures must be in place that address the hazards and potential hazards associated with IPCs identified in the risk assessment. Among other things, these measures should take into consideration the possible failure of an emergency system.

In addition to sections 50 and 50.1, section 37 of Regulation 854 requires that there be a separate escapement exit from an underground mine. This requirement applies broadly to include developments, such as decline ramps, portals, shafts, raises, and may also include ladderways, raise climbers and mine hoisting plants. This requirement ensures there is an alternate means of exiting the mine if the primary means of egress is compromised.

Considerations for all IPCs

The following are a set of recommended practices that should be considered regarding the design, operation, and maintenance of IPCs.

Independent source of power

The primary source of power for a mine hoisting plant is electrical, whether generated on site or by the electrical services provider. All IPCs must be able to operate if the electrical service to the hoisting plant is disrupted. Most commonly, back-up power is provided by a generator, but power could also be provided directly by a diesel engine, or a second incoming power line (if sufficiently isolated, from the primary power line).

There may be certain situations in which gravity winding could be used as part of an independent power system to lower the conveyance to a safe exit point. However, gravity by itself does not comply with 50.1(1)(b), which requires that the IPC must be capable of transferring persons both up and down in the shaft.

Considerations may include:

  • having two sources of power from two independent incoming power lines
  • ensuring the independent power source and switch gear can provide supply under full load conditions and are sized to meet current applicable standards
  • ensuring a generator and fuel tanks are located in accordance with subsections 38(3), (4) and (5) of Regulation 854
  • ensuring that the electrical cables and switchgear between the IPC and the generator are designed so that any failure to other equipment being supplied by the generator will not affect the supply of power to the IPC
  • having the power source for an IPC in a winze located underground near the IPC unless the electrical power distribution from the surface facilities is designed to minimize the risk of a failure

Readily available for use

Any IPC must be readily available for use. The risk assessment and the measures developed to eliminate or control hazards associated with IPCs should include measures to ensure compliance with this requirement.

Commissioning and certification

Employers must have a written statement from an engineer that an IPC system is designed and manufactured in accordance with appropriate engineering standards, (see sections 50.1(2), 203 and 204 of Regulation 854 as they may apply).

For mine hoisting plants, commissioning tests of the entire hoisting system must be completed before first use in accordance with section 205, and the written statement from an engineer required by section 204 must be posted at the shaft collar and provided to the JHSC or HSR, if any.

Procedures for safe removal

Section 242(5) requires the adoption of procedures for removing persons from a shaft conveyance which has stopped inadvertently in a shaft. In the situation of Emergency-use IPCs, it is expected that similar procedures should be adopted as well. In all cases, these procedures should be reviewed and tested, and enough personnel should be adequately trained in their use and application.

Considerations for Emergency-use IPCs only

Some IPCs may be permanently installed in a shaft but used for emergency purposes only. For example, a cage is permanently installed in a shaft but may be used only as a means of removing persons from a regularly used conveyance that becomes stuck in a shaft. In other cases, an IPC used only for emergency situations may be temporarily installed, such as a portable hoist and cage that is set up in a specific temporary location and can be lowered to provide a way of transferring people from a regularly used conveyance that becomes stuck in a shaft.

Again, Emergency-use IPCs do not have to meet all the requirements relating to design, operation and maintenance of mine hoisting plants set out in sections 203 through 250. In these cases, subsections 50.1(2) and (3) would apply to provide more flexibility regarding items such as maintenance schedules.

Installation procedures, operation, maintenance, and storage

Sections 203-250 set out the generally applicable requirements.  However, for Emergency-use IPCs, clauses 50.1(2)(a) and (b) require that before it is first used, an engineer must give a written statement to the owner setting out that an Emergency-use IPC is designed and manufactured in accordance with appropriate engineering standards and that it shall be examined, maintained, operated and tested regularly in accordance with good industry practices and with the manufacturer’s recommendations.

Installation procedures

Procedures for the installation and pre-use inspection should be developed and tested on a regular basis to ensure that the IPC is maintained and ready for use. The procedures should be reviewed as often as necessary, and at least annually, in consultation with the joint health and safety committee or health and safety representative, if any. Written records shall be kept and made available to an inspector upon request as per subsection 50.1(3).

Operation

To ensure that the competency of personnel involved in installation and operation of IPCs is current, workplaces should ensure that monthly testing is scheduled at appropriate intervals. Mine rescue personnel should also be acquainted with the operation of IPCs and be fully versed in the procedures for evacuating a stuck conveyance should the need arise.

Maintenance testing and examinations

As noted, sections 203-250 set out general requirements regarding the maintenance, testing and examinations of IPCs. For example, unless it is an Emergency-use IPC, it must comply with the requirements and frequencies set out in sections 228(2), 228(4)(a)(b), 230(2), 238(2)(a), 248(2)(c), 248(2)(d), 248(2)(e), 248(4), 249(1)(b), and 249(1)(c).

However, for Emergency-use IPCs the maintenance, testing and examination frequencies may vary from what would otherwise apply. Because the equipment is used less frequently, it is reasonable to allow for less frequent examinations or testing of some components. The risk assessment requirements in sections 5.1, 5.2, and 5.3 can be used to help determine the appropriate frequency of these examinations or tests. The expectation is that the IPC be examined, maintained, operated, and tested regularly in accordance with good industry practices and with the manufacturer’s recommendations as per subsection 50.1(2), paragraph 2.

Considerations may include the following:

  • Section 239 requires that the hoist operator make a report in the Hoist Operator’s Logbook for each shift. For Emergency-use IPCs, this report should be made at least once during each shift that the IPC is used.
  • Clause 248(2)(a) requires examination of hoisting and tail ropes, and safety catches, immediately before the hoisting plant is used and at least once a day thereafter. For Emergency-use IPCs, this examination should be done prior to each use.
  • The weekly mechanical inspection of a hoist required under subsection 248(2.1) should be done at least once a month for an Emergency-use IPC.
  • The weekly electrical inspection of a hoist required under subsection 247(2) should be done at least once a month for an Emergency-use IPC.
  • The weekly examination of a mine shaft required under clause 249(1)(a) should be done at least once a month for an Emergency-use IPC.

These suggested frequencies should be considered minimum standards. Workplaces may decide, based on their specific circumstances (such as shaft conditions, specific findings or inspection experience, etc.) and through a risk assessment that more stringent frequencies exceeding these recommended minimum requirements should apply.

Written records of tests and examinations

Written records of the examinations and tests required in the regulation must be made and kept readily available at the mine site. For Emergency-use IPCs, the records should be kept for as long as the IPC is used or stored at the workplace. It is recommended that records required under subsection 50.1(3) be kept in a manner consistent with what is required under section 207 and related sections.

Storage

Employers have a general duty under clause 25(1)(b) of the OHSA to maintain equipment in good condition. This would apply to an IPCs, the records should be kept for as long as the IPC when it is “in storage”.

Emergency-use IPCs, the records should be kept for as long as the IPCs may be stored in a separate location that is close by so that the IPCs, the records should be kept for as long as the IPC is still readily available for use during an emergency. The location of the storage needs to be carefully considered and the risks evaluated as required along with consideration of the following factors:

  • The equipment needs to be protected from damage during storage (corrosion, dust, sunlight, etc.). This is best accomplished when protected in a heated storage location.
  • The equipment should be inspected periodically to ensure that the protection is adequate.

The equipment must be readily available for use so the ease of removing it from storage should be considered.

IPCs, the records should be kept for as long as the IPCs used as a means of separate escapement from a mine

There may be situations where an IPCs, the records should be kept for as long as the IPC has been permanently or temporarily installed in a shaft to provide a second means of escapement or egress from a mine or portion of a mine as required by section 37 of Regulation 854.

Clause 37(2)(c) requires that, where necessary, ladders be provided from the deepest workings to the surface.  In some cases, using an independently powered conveyance may be more practical than ladders due to the length of the shaft or raise. The purpose of the IPCs, the records should be kept for as long as the IPC in those circumstances is not to provide a means of transferring persons from another regularly used conveyance. Rather, the IPCs, the records should be kept for as long as the IPC is the only conveyance installed in the shaft and would be used in situations where it has been determined workers need to be removed from the mine via a separate escapement exit.

All IPCs, the records should be kept for as long as the IPCs in a shaft used in place of a ladderway (including those that are used in  an escapement exit under section 37) need to meet the requirements set out in subsection 50.1(1).,  In the unlikely scenario that an IPCs, the records should be kept for as long as the IPC used in an escapement exit (for emergency purposes only) and is also part of the mine hoisting plant, then subsections 50.1(2) and (3) would apply and it would not need to meet all the design, operation and maintenance requirements for mine hoisting plants set out in 203-250.  However, if the IPCs, the records should be kept for as long as the IPC is not part of the mine hoisting part, then other regulatory requirements would need to be considered, depending on the circumstances (for example, sections 203-250 if a hoist is used or section 197 if a raise climber is used).

Consultation

Where the OHSA or its regulations require that an action be taken in consultation with another party, including but not limited to the JHSC or HSR, the Ministry of Labour, Immigration, Training and Skills Development expects that the employer will engage in a meaningful interaction (including dialogue, discussion and providing all relevant information) with the JHSC or HSR.

There should be a genuine opportunity for the JHSC to comment, and those comments should be received and considered in good faith. This includes considering any feedback and responses from the JHSC or HSR before acting (such as, implementing a plan, program etc.) and responding to any recommendation arising out of the consultation.

Consultation is not simply informing the JHSC or the HSR that the employer intends to take action.