O. Reg. 187/19: MINES AND MINING PLANTS

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ontario regulation 187/19

made under the

Occupational Health and Safety Act

Made: May 30, 2019
Filed: June 10, 2019
Published on e-Laws: June 10, 2019
Printed in The Ontario Gazette: June 29, 2019

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

(MINES AND MINING PLANTS)

1. The heading before section 1 of Regulation 854 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

PART I
GENERAL

2. The definition of “nondestructive test” in section 1 of the Regulation is revoked and the following substituted:

“non-destructive test” means one of the following methods of testing or examining a material, component or part to evaluate its condition without subjecting it to physical distortion, damage or destruction:

1. Eddy current testing.

2. Magnetic particle testing.

3. Liquid penetrant testing.

4. Radiographic testing.

5. Ultrasonic testing; (“essai non destructif”)

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

1.1 Every non-destructive test required by this Regulation shall be carried out and interpreted by a person who has been certified by Natural Resources Canada to the appropriate level in accordance with CAN/CGSB Standard 48.9712-2014, Non-destructive Testing – Qualification and Certification of Personnel.

4. The heading before section 2 of the Regulation is revoked.

5. Subsections 11 (8), 11.1 (4), 11.1.1 (4), 11.2 (5), 11.2.1 (4) and 11.2.2 (4) of the Regulation are revoked.

6. Section 11.2.3 of the Regulation is revoked and the following substituted:

11.2.3 The training programs described in sections 11 to 11.2.2 must be developed jointly by labour and management in the mining industry and the Ministry of Training, Colleges and Universities and be approved by that Ministry.

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

11.3 A document issued by the Ministry of Training, Colleges and Universities showing that a worker has successfully completed a module of a program referred to in section 11, 11.1, 11.1.1, 11.2, 11.2.1 or 11.2.2 is conclusive proof for the purposes of that section of the worker’s successful completion of the module.

8. Subsections 22 (4) and (5) of the Regulation are revoked.

9. Subsection 23 (3) of the Regulation is amended by adding “and” at the end of clause (c), by striking out “and” at the end of clause (d) and by revoking clause (e).

10. Section 89 of the Regulation is amended by adding the following subsection:

(2) Clause (1) (a) does not apply if a professional engineer certifies in writing that no worker would be endangered if the vertical height of the working face is more than twenty-five metres.

11. Subsection 194 (11) of the Regulation is revoked and the following substituted:

(11) The regulators and manifolds of an oxygen or acetylene cylinder shall be disconnected when the cylinder is being transported underground, unless the construction of the cylinder is such that it would not endanger worker health and safety for the regulators and manifolds to remain connected when the cylinder is being transported underground.

12. (1) Subsections 195 (8) and (8.1) of the Regulation are revoked and the following substituted:

(8) The shafting of each hoist drive train of a production crane shall be subjected to the appropriate non-destructive test or tests to determine if it is in sound condition,

(a) before the production crane is first used; and

(b) after the production crane has been first used, at a frequency at least equal to that recommended by its manufacturer or, if there is no manufacturer’s recommendation, at a frequency at least equal to that specified by a professional engineer.

(2) Subsection 195 (12) of the Regulation is revoked and the following substituted:

(12) A production crane shall be operated by a competent person who is in possession of a subsisting crane operator’s medical certificate, and a list of the names of active crane operators and the expiry dates of their medical certificates shall be recorded and posted.

(3) Clause 195 (13) (c) of the Regulation is revoked and the following substituted:

(c) obtain a crane operator’s medical certificate from the physician that,

(i) certifies that the person is physically fit to operate a crane and is not subject to any infirmity of body or mind that may interfere with the duties of a crane operator,

(ii) expires twelve months from its date,

(iii) is signed and dated by the physician, and

(iv) is kept available for inspection.

(4) Subsections 195 (14) and (15) of the Regulation are revoked.

13. Subsection 197 (9) of the Regulation is amended by striking out “a nondestructive test by a competent person” in the portion before clause (a) and substituting “the appropriate non-destructive test or tests”.

14. Subsection 225 (5) of the Regulation is revoked and the following substituted:

(5) The shaft of a sheave shall be examined for flaws using the appropriate non-destructive test or tests,

(a) before being put into service in a particular location;

(b) after installation; and

(c) at a regular frequency at least equal to that recommended by a person certified in accordance with section 1.1 or by a professional engineer.

15. (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 G4-15 “Steel Wire Rope for General Purpose and for Mine Hoisting and Mine Haulage”; and

(2) Subsection 228 (2.1) of the Regulation is 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 G4-15 “Steel Wire Rope for General Purpose and for Mine Hoisting and Mine Haulage”.

16. Clause 229 (3) (b) of the Regulation is revoked and the following substituted:

(b) certified at least once every six years of use as meeting the manufacturer’s specifications by a competent person or by the manufacturer.

17. (1) Clause 238 (2) (b) of the Regulation is revoked and the following substituted:

(b) obtain a hoist operator’s medical certificate from the physician that,

(i) certifies that the person is physically fit to operate a hoist and is not subject to any infirmity of body or mind that may interfere with the duties of a hoist operator,

(ii) expires twelve months from its date,

(iii) is signed and dated by the physician, and

(iv) is kept available for inspection.

(2) Subsections 238 (3) and (4) of the Regulation are revoked.

18. Subsections 248 (7) and (7.1) of the Regulation are revoked and the following substituted:

(7) An examination shall be made using the appropriate non-destructive test or tests to determine that the following parts are in sound condition before the parts are first used and at a regular frequency at least equal to that recommended by a person certified in accordance with section 1.1 or by a professional engineer:

1. The mine hoist shafting, brake pins and linkages.

2. Structural parts, attachment pins and draw bars of a shaft conveyance and counterweight.

19. Subsection 251 (2) of the Regulation is revoked and the following substituted:

(2) Subject to subsection (2.1), a direct gas-fired non-recirculating make-up air heater being used for heating a mine or a mining plant shall be installed, operated and maintained to conform to CSA Standard 3.7-15, “Non-Recirculating Direct Gas-Fired Industrial Air Heaters”.

(2.1) CSA Standard 3.7-77, “Direct Gas-Fired Non-Recirculating Make-Up Air Heaters” continues to apply to air heaters that were being used in a mine or a mining plant before July 1, 2019.

20. Section 265 of the Regulation is amended by striking out “CSA Standard Z180.1-00, “Compressed Breathing Air and Systems”” at the end and substituting “CSA Standard Z180.1-13 (R2018), “Compressed Breathing Air and Systems””.

21. Section 285 of the Regulation is revoked.

Commencement

22. This Regulation comes into force on the later of July 1, 2019 and the day it is filed.

 

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