Health and Safety Requirements For Mineral Projects

The Ministry of Labour promotes safe, fair and harmonious workplace practices that are essential to the social and economic well being of the people of Ontario. MOL’s mandate is to set, communicate and enforce workplace standards while encouraging greater workplace self-reliance. The Ministry of Labour is divided into three core businesses, which are health and safety (under the Occupational Health and Safety Act), employment standards and labour relations.

Occupational Health and Safety

Occupational Health and Safety's (OH&S) primary mandate is to set, communicate and enforce occupational health and safety standards for Ontario's construction, mining and industrial sectors, as a means of reducing and eventually eliminating work-related deaths, injury and illness. See myLaws – Occupational Health and Safety.

The primary pieces of legislation that pertain to mining are the Occupational Health and Safety Act and Regulation 854/90, "Mining and Mining Plants".

The Occupational Health and Safety Act came into force on October 1, 1979. Its purpose is to protect workers against health and safety hazards on the job. The main features of the Act are

Duties of employers and other persons
Toxic substances
Right to refuse or stop work
Notices
Enforcement
Offences and penalties

A Guide to the Occupational Health and Safety Act (also available as PDF, 313kB) describes “everyone's rights and responsibilities and it answers, in plain language, the questions that are most commonly asked about the Act”.

Some of the features of the Regulation 854/90 under the Occupational Health and Safety Act "Mining and Mining Plants" are:

Fire protection
Access to the workplaces
Protection of workers
Haulage
Explosives
Electrical
Mechanical
Railroads
Mine hoisting plant
Working environment
First aid equipment
Diesel-powered equipment notice

See myLaws – Regulations for Mining and Mining Plants.

Explosives

For information on licencing for possession and storage of explosives see the section on Federal Regulatory Requirements. Under the Occupational Health and Safety Act the Ministry of Labour must be notified in writing if explosives are to be used or stored on a work site (see myLaws – Notice of Use of Explosives). For information on the requirements for use of explosives on mine sites, please refer to How to Obtain Blasting Explosives (25 KB PDF).

Posting Requirements

The following charts are a simple and quick reference for employers, and outline what shall be posted indicating specific sections of the act and regulations.

Under the Occupational Health and Safety Act, the employer shall ensure that the following is posted in the workplace: Posting Requirements of the Occupational Health and Safety Act (PDF).

Under the Occupational Health and Safety Act and its pertinent regulations, the employer shall ensure that the following is posted in the workplace: Posting Requirements of the Regulations for Mining and Mine Plants (PDF).

Training

Section 11(1&2) of Regulation 854/90, states that employers in the following types of mines and mining plants shall establish and maintain the following training programs developed jointly by labour and management in the mining industry and the Ministry of Training, Colleges and Universities and approved by the Director:

A. Hard rock underground mine:

A1. Common Core for Basic Underground Hard Rock Miner (Program # P770010),
A2. Speciality Modules for Underground Hard Rock Miner (Program # P770010),
A3. Common Core for First Line Underground Mine Supervisor - Underground Hard Rock Mining (Program # P770121).

B. Soft rock underground mine:

B1. Common Core for Basic Underground Soft Rock Miner (Program # P770130),
B2. Speciality Modules Program - Underground Soft Rock Miner (Program # P770130)
B3. Common Core for First Line Underground Mine Supervisor - Underground Soft Rock Mining (Program # P770131).

C. Mill process operations:

C1. Common Core for Basic Mill Process Operations — Mineral Ore (Program # P810050),
C2. Speciality Modules Program for Mill Process Operator — Mineral Ore (Program # P810050).

D. Other mines and mining plants (not including smelters, mills and refineries)

D1. Common Core for Generic First Line Supervisor - Surface Mining, Surface and Underground Diamond Drilling Operations, and Underground and Surface Mining Trades (Program #770141).

In addition, under Occupational Health and Safety Act, O.Reg. 572/99, there are other training requirements for trades people. See “Training Requirements for Certain Skill Sets and Trades”.

For any questions about apprenticeship training, call the Ontario Government’s training hotline at 1-888-JOBGROW or visit the Ministry of Training Colleges and Universities Apprenticeship website.

WHMIS

WHMIS (Workplace Hazardous Materials Information System) is a Canada-wide system designed to give employers and workers information about hazardous materials used in the workplace. In Ontario, WHMIS applies to all workplaces covered by the Occupational Health and Safety Act, and to all federal government workplaces. In Ontario, both the federal and provincial WHMIS legislation is enforced by provincial Ministry of Labour inspectors, except in federal government workplaces, where Labour Canada inspectors enforce the legislation.

A helpful guide to the WHMIS legislation can be found on the Ministry of Labour website (also available as PDF, 778kB).

WHMIS provides identification and training in controlled products. The designated substances, however, require that the employer conduct an assessment to determine if there is a potential risk or actual danger to a worker being exposed to any one of the following twelve (12) designated substances:

Acrylonitrile
Asbestos
Asbestos on construction projects
Arsenic
Benzene
Coke oven emissions
Ethylene oxide
Isocyanates
Lead
Mercury
Silica
Vinyl Chloride

If there is a potential or actual danger of a worker being exposed as outlined by the assessment, then the employer shall produce a control program. One of the additional features pertaining to designated substances is that a worker can voluntarily participate in the medical surveillance program. See myLaws – Designated Substances.

Employment Standards

The Ministry of Labour, through its Employment Standards Program:

Enforces the ESA and its regulations
Provides information and education to employers and employees, making it easier for people to understand and comply voluntarily
Investigates possible violations
Resolves complaints
Conducts proactive inspections of payroll records and workplace practices

The Employment Standards Act sets out the minimum standards that employers and employees must follow. See myLaws – Employment Standards.

Hours of Work and Averaging Hours

On December 9, 2004, the Ontario legislature passed new rules about working excess daily or weekly hours and averaging hours of work for overtime purposes. These new rules came into force March 1, 2005.

As of March 1, 2005, if an employer wants an employee to work more than 48 hours a week, the employer must:

Give non-unionized employees a copy of the handout: Information for Employees About Hours of Work and Overtime Pay.
Obtain written agreement from the employee, or the union if the workplace is unionized.
Receive an approval from the Director of Employment Standards.

The Employer’s Guide to the Application Process can be found on the Ministry of Labour website (also available as PDF, 262kB).

Application forms for hours of work and averaging hours can be submitted online, in person, by verifiable mail or via fax.

For any inquiries about employment standards, please call 1-800-531-5551 or visit your local Ministry of Labour Office. See myLaws – Employment Standards.

The Pay Equity Office (PEO) is responsible for implementing and enforcing the Pay Equity Act. The PEO investigates, mediates and resolves complaints under the Pay Equity Act. The PEO also provides programs and services to help people understand and comply with the Pay Equity Act. Pay equity is "equal pay for work of equal value". The Pay Equity Act requires that jobs be evaluated and work mostly or traditionally done by women be compared to work mostly or traditionally done by men.

Pay equity is "equal pay for work of equal value", which is not the same as "equal pay for equal work". Equal Pay for Equal Work, covered by the Employment Standards Act, requires employers to pay men and women equally for doing the same job or substantially the same job.

WSIB

The Workplace Safety and Insurance Board (WSIB) oversees Ontario's workplace safety education and training system, provides disability benefits, monitors the quality of health care, and assists in early and safe return to work. See myLaws – WSIB.

Ontario's Ministry of Labour and their employer and worker advisory services are also integral partners in the WSIB’s administration of the province's workplace safety and insurance system. Below, you'll find the contact information for ministry services.

For more information about WSIB, please refer to the following:

Telephone: (416) 344-1000
Toll free: 1-800-387-5540
Ontario Toll free: 1-800-387-0750
TTY: 1-800-387-0050

MASHA

The Mines and Aggregates Safety and Health Association (MASHA) provides information on mining-related safety practices including the following:

Workplace Health and Safety

MASHA’s field consultants are responsible for specific companies, regions and sectors in our industry. They can help companies evaluate their health and safety programs, identify needs and recommend solutions. Their consultants can answer specific questions and provide or arrange training.

Industrial Hygiene

MASHA's industrial hygiene specialist provides advice to companies on problems related to industrial disease. These may be physical agents like noise and heat, or chemicals - designated substances, dust, diesel exhaust and others. Their consultants conduct detailed needs assessments and on-site consulting, and make recommendations on general program requirements.

Ground Control

MASHA's ground control specialist and ground control project leader conduct audits at member companies to help improve ground control programs. Their ground control consultants also help companies prepare documents for compliance with the Ontario Regulations for Mines and Mining Plants.

Mine Rescue

One of the purposes of the mine rescue program is to ensure training and equipment are consistent across the province. While the program was first established solely to respond to fires underground, mine rescue crews today are trained to tackle all types of non-fire emergencies, and to rescue workers who may be trapped or injured.

For more information on MASHA services, please call (705) 474-7233.