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 guide is to assist employers, workers, and other workplace parties with understanding the legal requirements as set out in Regulation 854 — Mines and Mining and Plants made under the Occupational Health and Safety Act (OHSA) regarding developing and maintaining a written management of change procedure for mines and mining plants.

Objectives

The objectives of the guide are to:

  • provide guidance and information to assist in the development of a written management of change procedure
  • clarify expectations regarding communication, training, and instruction related to the management of change procedure for all workplace parties
  • increase awareness about the importance of effectively managing changes to construction of a mine or mining plant, equipment, mining methods, technology, processes or techniques
  • ensure the protection of the health and safety of workers from potential or actual hazards associated with changes in the workplace

Legal requirements

Section 5 of Regulation 854 — Mines and Mining Plants under the Occupational Health and Safety Act (OHSA) sets out the requirements for developing a management of change procedure.

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. These 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 exposed moving parts of machines.

The results of these risk assessments should be considered in developing and implementing a management of change procedure. 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

In 2015, the ministry released the final report from the Mining Health, Safety and Prevention Review which included a number of recommendations to improve occupational health and safety in the mining sector. Recommendation 2.1 was for the MLITSD to require mine operators to establish and implement a written management of change procedure (MOC) and to include workers and the joint health and safety committee (JHSC) or health and safety representative (HSR), if any, in the process. 

Developing a management of change procedure

Owners of mines and mining plants have the responsibility to protect worker health and safety from hazards associated with changes. A management of change procedure ensures that health and safety risks associated with listed changes are effectively managed, mitigated or controlled, communicated, and assessed over time.

Changes that require a written change procedure

Subsection 5(2) of Regulation 854 requires owners to have a written procedure that details how specific changes will be managed. These changes include:

  • construction or design of a mine or mining plant, for example:
    • building a new mine
    • constructing a processing plant
    • expanding from an open pit to an underground operation
  • construction of a major structure or system at a mine or mining plant, for example:
    • erecting a conveyor system
    • installing a new ventilation system
    • building a storage facility for hazardous materials
  • introduction or use of a new mining technique, method, technology or process, for example:
    • implementing automated drilling systems
    • adopting a new blasting technique
    • introducing remote-controlled machinery
  • introduction or use of new equipment, for example:
    • acquiring new haul trucks
    • implementing advanced communication devices
    • using specialized drilling equipment
  • major addition to or alteration of any of the above, for example:
    • deepening an existing mine shaft
    • modifying the processing plant layout
    • expanding the capacity of the ventilation system

What to include in the written change procedure?

Subsection 5(3)(a) of Regulation 854 requires that a written management of change procedure must set out how:

  • hazards or potential hazards associated with the listed changes will be evaluated and reviewed to ensure the protection of worker health and safety
  • the joint health and safety committee or health and safety representative, if any, will be notified of the proposed changes
  • changes will be authorized and communicated to workers, contractors, and other relevant parties.

The management of change procedure should:

  • clearly define the change(s) covered by the procedure and outline the process to be undertaken to identify and assess associated risks
  • consider the outcomes of any risk assessment undertaken including under section 5.1 of Regulation 854
  • include any measures and procedures identified as part of the risk assessment that would mitigate hazards or potential hazards
  • identify the person(s) responsible for implementing the procedure
  • detail how the procedure will be reviewed and monitored throughout the process to ensure effectiveness
  • identify what training, information and instruction will be provided to workers and how it will be delivered

As noted above, completing a risk assessment as required by Sections 5.1, 5.2, and 5.3 of Regulation 854 may help in:

  • evaluating the hazards related to the change
  • determining mitigating controls
  • identifying impacted processes or parties

Changes that may not require a written change procedure

Some changes in the workplace may not require the use of a management of change procedure. These types of changes are often slight in nature and do not affect worker safety. Some of these changes may include:

  • routine maintenance activities that do not introduce new hazards or significantly alter the existing structure or systems, for example changing tire and wheel assemblies on mobile equipment
  • minor repairs or modifications that do not affect the overall design, safety features, or functionality, for example replacing the wear plate in a jaw crusher
  • minor procedural changes, adjustments, or modifications to existing techniques, methods, technologies, or processes that do not significantly impact worker health and safety, for example, changing the radio call in channel for communicating with a supervisor
  • replacing existing equipment with an identical replacement, with no changes in design, features, or operation, for example replacing a ventilation fan with one that is the same model and specifications
  • minor upgrades or modifications to existing equipment that do not significantly impact worker health and safety, for example, increasing the screen size of a mobile equipment back up camera

Recordkeeping

Owners must maintain records related to the management of change procedure and keep them readily available at the mine or mining plant. These records should include at minimum, but are not limited to:

  • the risk assessment of hazards associated with changes
  • any plans, drawings or specifications prepared in respect of the change, including those prepared or checked by an engineer
  • records of communication and training provided to workers and contractors regarding the changes
  • documentation of the authorization and communication of changes to workers
  • records of the ongoing monitoring and review of the effectiveness of the management of change procedure

Training, information and instruction

Effective training is a key aspect of implementing a management of change procedure. It ensures that all personnel involved in the change process have the knowledge and skills necessary to understand, assess, and manage the potential risks associated with the proposed changes.

Owners of mines and mining plants should train workers on the management of change procedure. This training should include information on how to:

  • identify and evaluate potential hazards
  • assess risks
  • communicate change-related information
  • implement appropriate control measures

The training should be tailored to the specific roles and responsibilities of different personnel involved in the change process, such as:

  • management
  • engineers
  • operators
  • occupational hygienists
  • maintenance staff

Responsibilities

Before proceeding with a change that falls under section 5 of Regulation 854, any drawings, plans, or specifications — involving professional engineering within the meaning of the Professional Engineers Act— must be prepared or checked by an engineer. The engineer must sign, date, and seal these documents.

Additionally, when developing and implementing a management of change procedure, other experts or workplace parties may be involved depending on the nature of the change. These parties may include:

Occupational hygienists

Where changes may impact occupational health and hygiene, hygienists may be involved to assess potential risks and propose necessary control measures.

Technical specialists

When changes involve equipment modifications or additions, the expertise of technical specialists can be utilized to evaluate the technical aspects, compatibility, and performance requirements.

Assigned operations and maintenance personnel

Personnel directly involved in the operations and maintenance of the mine or mining plant may be engaged to contribute their expertise in evaluating the practical implications of the change and identifying any operational considerations.

Joint Health and Safety Committee members or health and safety representatives

These individuals, representing the collective interests of workers, can provide valuable insights and input during the management of change process.