O. Reg. 265/15: MINES AND MINING PLANTS, Filed August 28, 2015 under Occupational Health and Safety Act, R.S.O. 1990, c. O.1

ontario regulation 265/15

made under the

Occupational Health and Safety Act

Made: August 25, 2015
Filed: August 28, 2015
Published on e-Laws: August 28, 2015
Printed in The Ontario Gazette: September 12, 2015

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

(MINES AND MINING PLANTS)

1. Section 11.2.3 of Regulation 854 of the Revised Regulations of Ontario, 1990 is amended by striking out “the Director” at the end and substituting “that Ministry”.  

2. Clause 18 (3) (b) of the Regulation is revoked and the following substituted:

(b) capable of supporting a uniformly distributed load of 18 kilopascals or a concentrated load of 81 kilonewtons, whichever is greater.

3. Section 20 of the Regulation is revoked and the following substituted:

20. (1) The Minister may approve a laboratory for the purpose of testing or examining shaft ropes or other hoisting appliances. 

(2) For a mine in Ontario, the fee for testing a rope at an approved laboratory shall be determined in accordance with subsections (3) and (4). 

(3) The fee for testing a rope described in Column 1 of a Table to subsection (4) is the corresponding base amount set out in Column 2 plus the corresponding additional fees set out in Columns 3 and 4 that apply with respect to the rope, if any. 

(4) The fees set out in the Tables to this subsection are effective as follows:

1. Table 1 is effective from January 1, 2016 to December 31, 2016.

2. Table 2 is effective from January 1, 2017 to December 31, 2017.

3. Table 3 is effective from and after January 1, 2018.

Table 1

Column 1

Rope Construction (diameter in millimetres)

Column 2

Base Fee (in dollars)

Column 3

Additional Fee (in dollars) for PVC Filled Ropes

Column 4

Additional Fee (in dollars) for Compacted/Die Form Ropes

6 strand (up to 19.05)

403.28

277.09

55.42

6 strand (greater than 19.05 up to 44.45)

432.48

277.09

55.42

6 strand (greater than 44.45 up to 63.50)

483.96

277.09

55.42

6 strand (greater than 63.50)

593.84

277.09

55.42

7 to 24 strand (up to 19.05)

541.82

207.82

83.13

7 to 24 strand (greater than 19.05 up to 44.45)

571.02

207.82

83.13

7 to 24 strand (greater than 44.45 up to 63.50)

622.50

207.82

83.13

7 to 24 strand (greater than 63.50)

732.38

207.82

83.13

25 to 35 strand (up to 19.05)

715.00

554.18

110.84

25 to 35 strand (greater than 19.05 up to 44.45)

709.57

554.18

110.84

25 to 35 strand (greater than 44.45 up to 63.50)

761.05

554.18

110.84

25 to 35 strand (greater than 63.50)

870.93

554.18

110.84

36 strand or more (up to 19.05)

784.28

623.46

124.69

36 strand or more (greater than 19.05 up to 44.45)

778.84

623.46

124.69

36 strand or more (greater than 44.45 up to 63.50)

830.32

623.46

124.69

36 strand or more (greater than 63.50)

940.20

623.46

124.69

Full lock Coil Rope (up to 19.05)

403.28

 

 

Full lock Coil Rope (greater than 19.05 up to 44.45)

432.48

 

 

Full lock Coil Rope (greater than 44.45 up to 63.50)

483.96

 

 

Full lock Coil Rope (greater than 63.50)

593.84

 

 

Half lock Coil Rope (up to 19.05)

264.73

 

 

Half lock Coil Rope (greater than 19.05 up to 44.45)

293.93

 

 

Half lock Coil Rope (greater than 44.45 up to 63.50)

345.41

 

 

Half lock Coil Rope (greater than 63.50)

455.29

 

 

 

Table 2

Column 1

Rope Construction (diameter in millimetres)

Column 2

Base Fee (in dollars)

Column 3

Additional Fee (in dollars) for PVC Filled Ropes

Column 4

Additional Fee (in dollars) for Compacted/Die Form Ropes

6 strand (up to 19.05)

537.70

369.46

73.89

6 strand (greater than 19.05 up to 44.45)

576.64

369.46

73.89

6 strand (greater than 44.45 up to 63.50)

645.27

369.46

73.89

6 strand (greater than 63.50)

791.78

369.46

73.89

7 to 24 strand (up to 19.05)

722.43

277.09

110.84

7 to 24 strand (greater than 19.05 up to 44.45)

761.37

277.09

110.84

7 to 24 strand (greater than 44.45 up to 63.50)

830.00

277.09

110.84

7 to 24 strand (greater than 63.50)

976.51

277.09

110.84

25 to 35 strand (up to 19.05)

953.34

738.91

147.78

25 to 35 strand (greater than 19.05 up to 44.45)

946.09

738.91

147.78

25 to 35 strand (greater than 44.45 up to 63.50)

1014.73

738.91

147.78

25 to 35 strand (greater than 63.50)

1161.24

738.91

147.78

36 strand or more (up to 19.05)

1045.70

831.28

166.26

36 strand or more (greater than 19.05 up to 44.45)

1038.46

831.28

166.26

36 strand or more (greater than 44.45 up to 63.50)

1107.09

831.28

166.26

36 strand or more (greater than 63.50)

1253.60

831.28

166.26

Full lock Coil Rope (up to 19.05)

537.70

 

 

Full lock Coil Rope (greater than 19.05 up to 44.45)

576.64

 

 

Full lock Coil Rope (greater than 44.45 up to 63.50)

645.27

 

 

Full lock Coil Rope (greater than 63.50)

791.78

 

 

Half lock Coil Rope (up to 19.05)

352.97

 

 

Half lock Coil Rope (greater than 19.05 up to 44.45)

391.91

 

 

Half lock Coil Rope (greater than 44.45 up to 63.50)

460.55

 

 

Half lock Coil Rope (greater than 63.50)

607.06

 

 

 

Table 3

Column 1

Rope Construction (diameter in millimetres)

Column 2

Base Fee (in dollars)

Column 3

Additional Fee (in dollars) for PVC Filled Ropes

Column 4

Additional Fee (in dollars) for Compacted/Die Form Ropes

6 strand (up to 19.05)

672.13

461.82

92.36

6 strand (greater than 19.05 up to 44.45)

720.80

461.82

92.36

6 strand (greater than 44.45 up to 63.50)

806.59

461.82

92.36

6 strand (greater than 63.50)

989.73

461.82

92.36

7 to 24 strand (up to 19.05)

903.04

346.36

138.55

7 to 24 strand (greater than 19.05 up to 44.45)

951.71

346.36

138.55

7 to 24 strand (greater than 44.45 up to 63.50)

1037.50

346.36

138.55

7 to 24 strand (greater than 63.50)

1220.64

346.36

138.55

25 to 35 strand (up to 19.05)

1191.67

923.64

184.73

25 to 35 strand (greater than 19.05 up to 44.45)

1182.62

923.64

184.73

25 to 35 strand (greater than 44.45 up to 63.50)

1268.41

923.64

184.73

25 to 35 strand (greater than 63.50)

1451.55

923.64

184.73

36 strand or more (up to 19.05)

1307.13

1039.09

207.82

36 strand or more (greater than 19.05 up to 44.45)

1298.07

1039.09

207.82

36 strand or more (greater than 44.45 up to 63.50)

1383.87

1039.09

207.82

36 strand or more (greater than 63.50)

1567.00

1039.09

207.82

Full lock Coil Rope (up to 19.05)

672.13

 

 

Full lock Coil Rope (greater than 19.05 up to 44.45)

720.80

 

 

Full lock Coil Rope (greater than 44.45 up to 63.50)

806.59

 

 

Full lock Coil Rope (greater than 63.50)

989.73

 

 

Half lock Coil Rope (up to 19.05)

441.22

 

 

Half lock Coil Rope (greater than 19.05 up to 44.45)

489.89

 

 

Half lock Coil Rope (greater than 44.45 up to 63.50)

575.68

 

 

Half lock Coil Rope (greater than 63.50)

758.82

 

 

 

(5) A laboratory shall issue a Certificate of Test for each sample of shaft rope submitted to it for testing, setting out the breaking strength of the rope, and the breaking strength, as set out in the Certificate of Test, shall be the breaking strength of the rope from which the sample was taken. 

4. Subsection 37 (1) of the Regulation is amended by striking out “development of mine” and substituting “development of an underground mine”. 

5. Paragraph 3 of subsection 123 (5) of the Regulation is revoked and the following substituted:

3. The identification number provided by the Ministry. 

6. Section 150 of the Regulation is amended by adding the following subsection:

(3) A portable direct current battery shall be of a type and design specifically manufactured for the purpose. 

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

158. (1) This section applies with respect to all work done on electrical equipment or conductors, other than work that is performed on energized equipment as permitted under subsection 159 (1). 

(2) An employer shall establish a written locking and tagging program to protect the health and safety of workers. 

(3) Before doing any work to which this section applies, a worker shall verify, by testing, that the following requirements have been complied with:

1. All hazardous sources of electrical supply to the electrical equipment or conductors are isolated.

2. Subject to subsection (4), all energy isolating devices are properly engaged, locked and tagged in accordance with subsection (5).

3. All hazardous stored electrical energy is discharged.

(4) A locking device required under paragraph 2 of subsection (3) may be omitted where,

(a) the locking device in itself creates a hazard due to the design of the energy isolating device; or

(b) circuit breakers or fuses for voltages of less than 150 volts to ground are not equipped with a means of locking. 

(5) A tag required under paragraph 2 of subsection (3) shall,

(a) be secured to prevent its inadvertent removal;

(b) state the reason the energy isolating devices are locked and tagged;

(c) show the name of the person responsible for locking and tagging the energy isolating devices;

(d) show the date on which the energy isolating devices were locked and tagged;

(e) be made of nonconducting materials; and

(f) be installed so as not to become energized. 

8. Subsection 159 (1) of the Regulation is revoked and the following substituted:

(1) Electrical work shall not be performed on energized equipment except where,

(a) de-energizing the equipment,

(i) would increase or introduce additional hazards, or

(ii) is not feasible due to equipment design or operational limitations;

(b) equipment and personal protective devices and clothing that are appropriate to the work are provided and used;

(c) the employer has established written measures and procedures for energized work to protect the health and safety of workers;

(d) no hazard from explosive or flammable materials exists; and

(e) all necessary precautions to work safely are taken. 

9. Section 160 of the Regulation is revoked. 

10. Subsection 182 (4) of the Regulation is revoked and the following substituted:

(4) The fuel used in a diesel engine shall conform to the Canadian General Standards Board National Standard of Canada CAN/CGSB 3.517-2013 “Diesel Fuel”. 

11. Subsection 183.1 (4) of the Regulation is revoked and the following substituted:

(4) The flow of air must reduce the concentration of toxic substances in diesel exhaust emissions to prevent exposure of a worker to a level in excess of the limits prescribed under section 4 of Regulation 833 of the Revised Regulations of Ontario, 1990 (Control of Exposure to Biological or Chemical Agents) made under the Act. 

12. Subsection 185 (10) of the Regulation is amended by striking out “or with subsection 160 (1), work to which those subsections apply” and substituting “work to which that subsection applies”. 

13. Subclause 236 (1) (b) (ii) of the Regulation is amended by adding “or on a mine hoisting plant” at the end. 

14. (1) Clause 252 (1) (a) of the Regulation is amended by striking out “a partial pressure of oxygen in the atmosphere of more than eighteen kilopascals” and substituting “an oxygen content in the atmosphere of at least 19.5 per cent by volume”. 

(2) Clause 252 (1) (b) of the Regulation is revoked and the following substituted:

(b) dilute and remove contaminants from all workplaces therein to prevent exposure of a worker to contaminants in excess of the limits prescribed under section 4 of Regulation 833 of the Revised Regulations of Ontario, 1990 (Control of Exposure to Biological or Chemical Agents) made under the Act.

15. (1) Clause 253 (1) (a) of the Regulation is amended by striking out “a partial pressure of oxygen of more than eighteen kilopascals” and substituting “an oxygen content in the atmosphere of at least 19.5 per cent by volume”. 

(2) Clause 253 (1) (b) of the Regulation is revoked and the following substituted:

(b) dilute and remove contaminants from all workplaces therein to prevent exposure of a worker to contaminants in excess of the limits prescribed under section 4 of Regulation 833 of the Revised Regulations of Ontario, 1990 (Control of Exposure to Biological or Chemical Agents) made under the Act.

16. Clause 254 (1) (b) of the Regulation is revoked and the following substituted:

(b) if Regulation 833 of the Revised Regulations of Ontario, 1990 (Control of Exposure to Biological or Chemical Agents) made under the Act applies, a continuous supply of fresh air shall be provided and used to dilute and remove contaminants in a raise, and in a sub-drift for any advance in excess of 10 metres from a mechanical mine ventilation system, to prevent exposure of a worker to contaminants in excess of the limits prescribed under section 4 of that regulation. 

17. Clause 255 (2) (a) of the Regulation is amended by striking out “a partial pressure of oxygen in the atmosphere less than eighteen kilopascals” and substituting “an oxygen content in the atmosphere that is less than 19.5 per cent by volume”. 

18. Subsection 262 (2) of the Regulation is revoked and the following substituted:

(2) Every worker in an underground mine shall wear,

(a) high visibility safety apparel that makes the worker visible to others in the workplace and that meets the requirements set out in subsection (3); and

(b) retro-reflective material applied to the front, back and sides of head gear. 

(3) High visibility safety apparel must meet the following requirements:

1. It shall be made of fluorescent or bright-coloured background material.

2. It shall have retro-reflective striping that,

i. is located on the outside of the garment,

ii. measures at least 50 mm in width,

iii. completely encircles the waist, each arm and each leg below the knee,

iv. is arranged in two vertical lines on the front of the garment, extending over the shoulders and down to the waist, and

v. is arranged in the form of an “X” on the back of the garment, extending from the shoulders and down to the waist. 

(4) All high visibility safety apparel and all retro-reflective material on head gear must be maintained in good condition so that they adequately visually identify a worker. 

19. (1) Subsection 263 (2) of the Regulation is revoked and the following substituted:

(2) Subject to subsection (3), between sunset and sunrise, every worker on the surface shall wear,

(a) high visibility safety apparel that makes the worker visible to others in the workplace and that meets the requirements set out in subsection 262 (3); and

(b) retro-reflective material applied to the front, back and sides of head gear. 

(2) Section 263 of the Regulation is amended by adding the following subsection:

(4) All high visibility safety apparel and all retro-reflective material on head gear must be maintained in good condition so that they adequately visually identify a worker.

20. Section 283 of the Regulation is revoked. 

21. Subsection 286 (1) of the Regulation is revoked and the following substituted:

(1) If Regulation 833 of the Revised Regulations of Ontario, 1990 (Control of Exposure to Biological or Chemical Agents) made under the Act applies and a local exhaust ventilation system recirculates air to the workplace, provision shall be made for a make-up air supply system having sufficient volume to keep any contaminants below the limits prescribed under section 4 of that regulation. 

22. Subsection 293 (5) of the Regulation is amended by striking out “National Dose Register established under the Atomic Energy Control Act (Canada)” and substituting “National Dose Registry administered by Health Canada’s Radiation Protection Bureau”. 

Commencement

23. (1)  Subject to subsection (2), this Regulation comes into force on the later of January 1, 2016 and the day it is filed.

(2)  Sections 18 and 19 come into force on the later of July 1, 2016 and the day this Regulation is filed.