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 help workplace parties understand the requirements set out in Section 63 of Regulation 854 — Mines and Mining Plants (Regulation 854) under the Occupational Health and Safety Act (OHSA) for supervisors to conduct examinations of workplaces in mines and mining plants.

Objectives

The objectives of this guidance are to:

  • inform workplace parties of requirements concerning the frequency and method of examinations by supervisors in mines and mining plants

Legal requirements

Section 63 of Regulation 854 sets out the relevant requirements for supervisors to examine certain places in a mine or mining plant at least once each work shift or at least once each work week, depending on the type of work occurring in those places.

Background

Incidents can occur due to various hazards that may be present in a workplace. Routine and regular examinations are critical in helping to prevent injuries to workers.

Supervisors are defined under the OHSA as persons who have charge of a workplace or authority over a worker. Supervisors play a pivotal role in assessing, managing, and ensuring controls are in place to mitigate workplace hazards.

Whether a worker is a supervisor for the purposes of OHSA and Regulation 854 depends on the nature of their duties and activities, not the worker’s specific job title. For example, some workers may have job titles, such as “lead hand” or “senior”, who may or may not meet the definition of a supervisor under the OHSA. It is important for all workplace parties to understand their roles and responsibilities under the OHSA and identify who is the supervisor of their workplace.

General duties of a supervisor under the OHSA

The OHSA sets out a number of general duties for employers and supervisors that apply to all workplaces, including mines and mining plants. For more information, please see the guide to duties of employers and other persons.

The OHSA requires that employers appoint a competent person as a supervisor [clause 25(2)(c)]. A competent person is defined in the OHSA as someone who is:

  • qualified because of knowledge, training and experience to organize the work and its performance
  • familiar with this Act and the regulations that apply to the work
  • knowledgeable of any potential or actual danger to health or safety in the workplace

Section 27 of the OHSA sets out the following general duties of a supervisor:

  • Ensure that a worker works in the manner and with the protective devices, measures and procedures required by the OHSA and the regulations [clause 27(1)(a)].
  • Ensure that any equipment, protective device or clothing required by the employer is used or worn by the worker [clause 27(1)(b)].
  • Advise a worker of any potential or actual health or safety dangers known by the supervisor [clause 27(2)(a)].
  • If prescribed, provide a worker with written instructions about the measures and procedures to be taken for the worker's protection [clause 27(2)(b)].
  • Take every precaution reasonable in the circumstances for the protection of workers [clause 27(2)(c)].

Supervisor requirements under Section 63 of Reg. 854

Where drilling and blasting is being carried out

As a general matter, section 63(1) requires that a supervisor examine, in person, every place where drilling and blasting is being carried out at least once each work shift. Where drilling and blasting is being carried out over multiple shifts in a 24-hour period, this may require more than one examination in the same day. In general, any place where holes are drilled and explosives are being loaded or set for ignition by connecting primers and caps needs to be examined at least once each work shift. Examples would include drilling and blasting in stoping areas, or where a development face or oversize material are being drilled and blasted.

Supervisors must examine places where drilling and blasting is being carried out at least once per work shift due to the unique hazards involved with this type of work. Historically, these hazards included the use of handheld drills, explosives primed using tape fuse, and exposure to freshly blasted rock. The rapid development cycle required a more frequent examination by supervisors than other areas of the mine. While the manner and processes used to conduct this type of work may have evolved over time, the associated hazards still make frequent examinations of these places necessary, whether underground or on surface. Places requiring examinations at least once per work shift could include development advancements and raise mining, as well as areas where the drilling and blasting cycle (where holes are drilled, loaded with explosives and blasted) occurs within the same shift.

There may be other situations in which holes are drilled in one shift but blasted at a later date, such as ring drilling in raises and long hole stopes, or bench drilling in quarries. In these circumstances, the nature of the hazards may not be the same as described above. The frequency of supervisor examinations in these situations would depend on the nature of the particular circumstances in each case. Workplaces could utilize the risk assessment required under sections 5.1, 5.2, and 5.3 to help evaluate the associated risks and hazards as appropriate.

Where drilling is taking place for other purposes (ground support holes, drain holes, cable holes, diamond drill holes) or where explosives are handled, moved, or stored but not blasted, subsection 63(1) would not apply.

Where drilling and blasting is carried out in a raise in an underground mine special rules apply. Subsection 63(2) allows the examination to be conducted using an electronic device instead of an in-person examination by a supervisor. The electronic device must be equipped with a high-definition camera that:

  • allows the supervisor to adequately assess the area where drilling and blasting is being carried out
  • creates a record that can be made available for review by an inspector

Where electronic devices are used to examine a raise where drilling and blasting is carried out, supervisors are still required to examine these workplaces, in person, at least once each work week.

Other places where workers carry on work but where drilling and blasting is not being carried out

Subsection 63(3) requires that a supervisor must, in person, conduct an examination of every place where workers carry on work (but where drilling and blasting is not being carried out) at least once each work week. The intent of this requirement is for supervisors to examine those areas of a mine or mining plant where workers carry on work to identify any potential or actual hazards that may be present and to assess the general conditions of the workplace.

If there are no workers working in a particular place, a supervisor would not need to conduct an examination of that place under section 63. However, there may be circumstances or situations where work may be carried out in a place in a mine but not routinely. Those places would still need to be examined at least during periods when work is being carried out. In those instances, the frequency of examinations may need to be determined on a case-by-case basis. Employers should use a risk assessment as set out in sections 5.1, 5.2 and 5.3 to help determine when these locations would need to be examined.

It is also important to note that while section 63 sets out specific requirements and rules concerning examinations by supervisors, a supervisor may need to take action, as part of the supervisor’s general duties under OHSA. What actions a supervisor may need to take in order to fulfill the duties under the Act, including but not limited to visiting certain locations or communicating with workers, would depend on the nature of the work being performed and the particular circumstances.