O. Reg. 69/23: MINES AND MINING PLANTS

filed April 6, 2023 under Occupational Health and Safety Act, R.S.O. 1990, c. O.1

ontario regulation 69/23

made under the

Occupational Health and Safety Act

Made: March 23, 2023
Filed: April 6, 2023
Published on e-Laws: April 6, 2023
Printed in The Ontario Gazette: April 22, 2023

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

(MINES AND MINING PLANTS)

1. (1) Clause (b) of the definition of “production crane” in section 1 of Regulation 854 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

(b) has a duty rating equal to or greater than Class D, E or F as determined under Part 5.2.1 of CSA Standard B167-16 (R2021) “Overhead cranes, gantry cranes, monorails, hoists, and jib cranes”; (“pont roulant de production”)

(2) The definition of “service crane” in section 1 of the Regulation is revoked and the following substituted:

“service crane” means an electronically operated device that travels on fixed overhead track or tracks and has a duty rating equal to or less than Class A, B or C as determined under Part 5.2.1 of CSA Standard B167-16 (R2021) “Overhead cranes, gantry cranes, monorails, hoists, and jib cranes”; (“pont roulant de service”)

2. Section 1.1 of the Regulation is revoked and the following substituted:

1.1 Every non-destructive test required by this Regulation shall be carried out and interpreted by a person,

(a) who has been certified by Natural Resources Canada to the appropriate level in accordance with the version of the CAN/CGSB Standard 48.9712-2014, “Non-destructive Testing — Qualification and Certification of Personnel”, as it may be amended from time to time, that was in effect at the time of certification; and

(b) whose certification described in clause (a) is valid at the time the test is carried out and interpreted.

3. Section 5 of the Regulation is revoked and the following substituted:

5. (1) Before proceeding with a change listed in subsection (2), the owner of a mine or mining plant shall ensure that,

(a) any drawings, plans or specifications that involve the practice of professional engineering within the meaning of the Professional Engineers Act are prepared or checked by an engineer and signed, dated and sealed by that engineer before they are issued; and

(b) a written management of change procedure that sets out the information required under subsection (3) has been developed.

(2) For the purposes of subsection (1), the following are the listed changes:

1. The construction or design of a mine or mining plant.

2. The construction of a major structure or system at a mine or mining plant.

3. The introduction or use of a new mining technique, method, technology or process.

4. The introduction or use of new equipment.

5. A major addition to, or major alteration of, a matter referred to in paragraphs 1 to 4.

(3) A written management of change procedure required under clause (1) (b) must set out how,

(a) the hazards or potential hazards associated with the changes described in subsection (2) will be evaluated and reviewed to ensure the protection of worker health and safety;

(b) the joint health and safety committee or health and safety representative, if any, will be notified of the proposed changes; and

(4) The owner of a mine or mining plant shall ensure that any drawings, plans and specifications that are prepared in respect of a change listed in subsection (2), including but not limited to those described in clause (1) (a), are kept readily available at the mine site.

(5) The employer shall notify an inspector,

(a) when portable crushing, screening or associated washing equipment is installed in or about a surface mine; and

(b) before a test drill is operated at the surface to prove mineral bearing substances, rock, earth, clay, sand or gravel.

4. (1) Subsection 6 (2) of the Regulation is amended by striking out “a competent person” at the end and substituting “an engineer”.

(2) Clause 6 (2.1) (a) of the Regulation is revoked and the following substituted:

(a) describe the geology and geotechnical aspects of the mine;

5. 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, and must be approved by the Ministry.

6. Section 11.3 of the Regulation is amended by striking out “the Ministry of Training, Colleges and Universities” and substituting “the Ministry”.

7. Clause 30 (2) (a) of the Regulation is revoked and the following substituted:

(a) when being used underground, be transported and stored only in,

(i) metal containers or receptacles, or

(ii) portable containers or safety cans that meet the requirements of either CSA Standard B376:22, “Portable Containers for Gasoline and Other Petroleum Fuels” or ANSI/CAN/UL/ULC 30:2022, “Metallic and Nonmetallic Safety Cans for Flammable and Combustible Liquids”; and

8. Section 48 of the Regulation is revoked and the following substituted:

48. Except in an underground mine, the following rules apply in respect of a ladderway:

1. If a worker is exposed to the hazard of falling more than three metres, the ladderway shall be fixed in place and be provided with,

i. a safety cage, or

ii. a protective device that will prevent a worker from falling.

2. If a ladderway is seven metres or longer and at an angle steeper than 70 degrees to the horizontal, in addition to the requirement in paragraph 1, the ladderway shall be provided with platforms at intervals not greater than seven metres.

3. If platforms are used in conjunction with a ladderway, whether as required under paragraph 2 or otherwise,

i. the ladders shall be offset,

ii. a platform shall be provided at each place where the ladders are offset, and

iii. a platform shall not be less than 600 millimetres in width by 1.2 metres in length.

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

50.1 (1) For the purposes of subsection 50 (2), an independently powered conveyance that is used in place of a ladderway must,

(a) have a source of power that is independent of the main source of power for the mine;

(b) be capable of safely transferring persons up and down in a shaft to a location from which they can safely exit the shaft; and

(2) In addition to the requirements of subsection (1), the following rules apply if the independently powered conveyance is part of a mine hoisting plant and is used for emergency purposes only:

1. Before it is first used, an engineer must give a written statement to the owner setting out that that the conveyance is designed and manufactured in accordance with appropriate engineering standards.

2. The conveyance shall be examined, maintained, operated and tested regularly in accordance with good industry practices and with the manufacturer’s recommendations.

3. Sections 203 to 250 do not apply in respect of the conveyance.

(3) A record of the examinations and tests required under paragraph 2 of subsection (2) shall be made and kept readily available at the mine site.

10. Section 63 of the Regulation is revoked and the following substituted:

63. (1) Subject to subsection (2), a supervisor shall examine, in person, every place where drilling and blasting is being carried out at least once during each work shift.

(2) Where drilling and blasting is being carried out in a raise, the following rules apply:

1. An examination required under subsection (1) may be carried out by use of an electronic device that is equipped with a high definition camera rather than in person if the device,

i. allows the supervisor to adequately assess the place where drilling and blasting is being carried out, and

ii. creates a record that is retained and can be made available for inspection at the request of an inspector.

2. In addition to examinations required under subsection (1) that are carried out by use of an electronic device equipped with a high definition camera in accordance with paragraph 1 of this subsection, a supervisor shall also examine, in person, every place in a raise where drilling and blasting is being carried out at least once each work week.

(3) A supervisor shall examine, in person, every place where workers carry on work, other than where drilling and blasting is being carried out, at least once each work week.

11. Section 64 of the Regulation is revoked and the following substituted:

64. (1) Where a potential or actual danger to the health and safety of a worker has not been remedied or removed at the end of a work shift, the supervisor of the work shift shall make and sign a written record describing,

(a) the dangerous condition; and

(b) the state of corrective measures taken.

(2) Before any worker on the next work shift does any work in the area of the dangerous condition, the supervisor of that work shift shall,

(a) read and countersign the record made and signed under subsection (1); and

(b) advise any workers who may be affected by the condition about,

(i) the dangerous condition,

(ii) the state of corrective measures taken, and

(iii) the work required to be done to remove or remedy the dangerous condition.

12. Subsection 71 (3) of the Regulation is amended by striking out “International Standard ISO 3449-05 (R2014)” and substituting “International Standard ISO 3449-05 (R2022)”.

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

71.1 (1) An owner of an underground mine shall, in consultation with the joint health and safety committee or health and safety representative, if any, develop and maintain a written seismic risk management program.

(2) The program shall,

(a) set out how areas of the mine that have high levels of seismic risk and activity are to be identified;

(b) include a description or list of the areas of the mine identified under clause (a) and set out mitigation plans for those areas;

(c) set out how micro seismic activity will be monitored in the areas of the mine identified under clause (a) and how frequently that data will be analysed;

(d) include measures and procedures to assess the performance of the system used to monitor micro seismic activity and to maintain the system and its components;

(e) identify the persons responsible for implementing the program, including the persons responsible for responding to seismic events and rockbursts;

(f) set out how seismic events and rockbursts are to be documented and where the documentation will be kept; and

(g) establish a re-entry protocol following seismic events or rockbursts and set out how and when the re-entry protocol applies.

(3) A copy of the program shall be provided to the joint health and safety committee or health and safety representative, if any, and be kept readily available at the mine site.

(4) Subject to subsections (5) and (6), the program shall be reviewed at least annually.

(5) The program shall be reviewed as soon as possible if,

(a) a risk assessment conducted under section 5.1 identifies a new seismic risk;

(b) a measure developed and maintained under section 5.2 in relation to seismic risks fails; or

(c) a mine design prepared and maintained under subsection 6 (1) identifies a new zone or area of the mine that is expected to be seismically active.

(6) If a review is required under subsection (5), the next annual review required by subsection (4) shall be within one year of the date of the review under subsection (5).

(7) For greater certainty, an employer’s duty to provide information and instruction to a worker under clause 25 (2) (a) of the Act includes the duty to provide the worker with information and instruction that is appropriate for the worker on the contents of the seismic risk management program.

14. Subsection 72 (1) of the Regulation is revoked and the following substituted:

(1) In the event of an occurrence listed in subsection (2) at a surface mine producing metallic ore or at an underground mine, a record of that occurrence shall be kept in writing and shall provide the following:

1. The time, location and extent of the occurrence.

2. Any other relevant information, including the records of any monitoring instruments or devices before the occurrence.

15. Section 87.1 of the Regulation is amended by adding the following subsection:

(6) For greater certainty, an employer’s duty to provide information and instruction to a worker under clause 25 (2) (a) of the Act includes the duty to provide the worker with information and instruction that is appropriate for the worker on the contents of the water management program.

16. The Regulation is amended by adding the following sections:

103.1 (1) Rail tracks in use shall be in good working condition.

(2) A rail track switch in which a person’s foot may become trapped shall have guards at the frog and switch point to effectively protect against the hazard.

103.2 (1) This section applies if multiple motor vehicles running on rails operate on the same track in an underground mine.

(2) An employer shall develop and maintain written procedures for the safe operation of the motor vehicles to protect the health and safety of workers.

(3) Rail track switches shall be installed and equipped with visual indicators showing the position of the switch.

(4) Visual indicators required under subsection (3) shall be situated at locations and distances such that they are visible to operators and allow the motor vehicles on rails to be stopped safely if needed.

17. Section 105.1 of the Regulation is amended by adding the following subsection:

(5) For greater certainty, an employer’s duty to provide information and instruction to a worker under clause 25 (2) (a) of the Act includes the duty to provide the worker with information and instruction that is appropriate for the worker on the contents of the traffic management program.

18. Section 109 of the Regulation is revoked.

19. (1) Subsection 119.1 (1) of the Regulation is amended by striking out “CSA Standard M424.3-M-90, “Braking Performance — Rubber-Tired, Self-Propelled Underground Mining Machines”” at the end and substituting “CSA Standard M424.3:22, “Braking Performance — Rubber-Tired, Self-Propelled Underground Mining Machines””.

(2) Subsection 119.1 (2) of the Regulation is amended by striking out “CSA Standard M3450-03, “Braking systems of rubber-tired machines — Performance requirements and test procedures”” at the end and substituting “ISO 3450: 2011 (R2022) “Earth-moving machinery — Wheeled or high-speed rubber-tracked machines — Performance requirements and test procedures for brake systems””.

(3) Subsection 119.1 (3) of the Regulation is amended by striking out “ISO 10265: 1998 “Earth-moving machinery — Crawler Machines — Performance requirements and test procedures for braking systems”” at the end and substituting “ISO 10265: 2008 (R2019) “Earth-moving machinery — Crawler Machines — Performance requirements and test procedures for braking systems””.

20. Section 121 of the Regulation is revoked and the following substituted:

121. An owner of an underground mine shall ensure that,

(a) no explosive is used in an underground mine unless it has been determined by the Explosives Regulatory Division of the Department of Natural Resources of the Government of Canada to be suitable for use in that environment; and

(b) written procedures are developed and maintained to protect workers from exposure to blasting contaminants that may endanger their health and safety.

21. Section 123 of the Regulation is revoked and the following substituted:

123. (1) Explosives kept or stored on the surface must be kept or stored in compliance with the Explosives Act (Canada) and the regulations made under that Act.

(2) If a magazine is required, it must be,

(a) constructed in conformity with the requirements in National Standard of Canada CAN/BNQ 2910-500/2015 “Explosives — Magazines for Industrial Explosives”, as it may be amended from time to time;

(b) located in conformity with the requirements of National Standard of Canada CAN/BNQ 2910-510/2015 “Explosives — Quantity Distances”, as it may be amended from time to time; and

(3) An operator of a surface magazine or a mine using explosives shall give written notice to an inspector and the joint health and safety committee or health and safety representative, if any,

(a) before a magazine is or explosives are first used; and

(b) annually after the magazine is or explosives are first used.

(4) The notice must be posted in the magazine and contain the following information:

1. The address of the operator.

2. The specific location of any surface magazine or a statement that the explosives are delivered directly to the underground workings.

3. The identification number provided by the Ministry.

4. The nature and quantity of explosives to be stored or delivered.

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

124. (1) An employer at an underground mine shall, in consultation with the joint health and safety committee or health and safety representative, if any, develop and maintain written procedures for the mine that set out,

(a) how the security of explosives will be addressed, including during transport, delivery, storage and use;

(b) how access to explosives will be controlled; and

(i) the return of unused explosives, and

(ii) the temporary storage of explosives.

(2) A copy of the written procedures shall be provided to the joint health and safety committee or health and safety representative, if any, and shall be kept readily available at the mine site.

(3) For greater certainty, an employer’s duty to provide information and instruction to a worker under clause 25 (2) (a) of the Act includes the duty to provide the worker with information and instruction that is appropriate for the worker on the contents of the written procedures developed and maintained under subsection (1) of this section.

23. Section 125 of the Regulation is revoked and the following substituted:

125. (1) Subject to subsections (2), (3) and (4), explosives in an underground mine shall be kept or stored in a magazine.

(2) If less than 160 kilograms of explosives are kept or stored in the underground mine, they may be kept or stored in suitable storage containers at locations removed from drilling and blasting operations.

(3) If long hole blasts or similar blasting operations are being carried on in the underground mine, the quantity of explosives that can be loaded in a 24-hour period and the quantity of explosives necessary to maintain that supply may be kept or stored in suitable storage areas.

(4) Explosives may be kept or stored outside of a magazine on a temporary basis before being used or transferred to a magazine if,

(a) the procedures described in subsection 124 (1) are followed; and

(b) any unused explosives are transferred or returned to a magazine as soon as practicable.

(5) The employer shall ensure that suitable plans and specifications showing the following are prepared, kept up to date and kept readily available at the mine site:

1. The design and location of magazines and of explosive storage areas other than magazines, including temporary storage areas.

2. The maximum storage capacity of each magazine and of each other storage area, including temporary storage areas.

24. (1) Subclause 129 (1) (a) (i) of the Regulation is amended by striking out “Class II, Division 2” and substituting “Zone 22”.

(2) Subclause 129 (1) (a) (ii) of the Regulation is revoked and the following substituted:

(ii) the requirements of National Standard of Canada CAN/BNQ 2910-500/2015 “Explosives — Magazines for Industrial Explosives”, as it may be amended from time to time; and

(3) Subsection 129 (2) of the Regulation is amended by striking out “23rd edition (2002)” and substituting “28th edition (2021)”.

25. Section 181.1 of the Regulation is revoked.

26. Sections 182 to 183.2 of the Regulation are revoked and the following substituted:

182. (1) An employer at a mine or mining plant shall, in consultation with the joint health and safety committee or health and safety representative, if any, develop and maintain a written airborne hazard management program.

(2) The program shall,

(a) set out the airborne hazards and potential airborne hazards that have been identified and assessed in a risk assessment conducted under section 5.1;

(b) list any measure developed and maintained under section 5.2 to eliminate or control the airborne hazards or potential airborne hazards;

(d) include measures and procedures to,

(i) maintain control systems and all of the components of such systems, and

(ii) monitor the effectiveness and measure the performance of those controls;

(e) identify the persons responsible for implementing the program, including the persons responsible for testing, monitoring or sampling; and

(f) set out information about the training and instructions that the persons responsible for implementing the program must complete.

(3) A copy of the program shall be provided to the joint health and safety committee or health and safety representative, if any, and be kept readily available at the mine or mining plant.

(4) Subject to subsections (5) and (6), the program shall be reviewed at least annually.

(5) The program shall be reviewed as soon as possible if there has been a change to,

(a) a mining process, work method or ventilation system that results in new airborne hazards or a change to existing airborne hazards; or

(b) the biological or chemical substances in the workplace that affect airborne hazards.

(6) If a review is required under subsection (5), the next annual review required by subsection (4) shall be within one year of the date of the review under subsection (5).

183. (1) All non-rail-bound diesel-powered equipment that is first used in an underground mine after June 1, 1995 must meet the requirements set out in CSA Standard M424.2:22 “Non-Rail-Bound Diesel-Powered Machines for use in Non-Gassy Underground Mines”.

(2) An employer at an underground mine shall keep and maintain a record for every piece of diesel-powered equipment used in an underground mine and shall keep the records readily available.

(3) The record required under subsection (2) must include,

(a) the make, model and serial number of the equipment and of any emission control devices used with the equipment;

(b) the rated power, rated RPM, maximum fuel injection rate and ventilation rate as certified in accordance with the CSA Standard referred to in subsection (1); and

(4) An employer at an underground mine shall keep and maintain the following information relating to the use and operation of diesel-powered equipment in the underground mine:

1. The volume of air flowing in the underground haulageways and workings where the equipment is operating.

2. The total ventilation requirements for the equipment when it is operating in a single continuous course of air.

(5) The employer shall ensure that the information required under subsection (4) is,

(a) provided directly to the operators of the diesel-powered equipment or is otherwise available to them in a readily accessible format; and

(b) is readily available at the mine site.

(6) No gasoline or other volatile fuel shall be used in the starting mechanism in diesel-powered equipment used in an underground mine.

(7) The fuel used in diesel-powered equipment that is used in an underground mine must,

(a) have a flash point of 52℃ or higher; and

(b) meet one of the following standards:

(i) Canadian General Standards Board CAN/CGSB-3.517-2020 “Diesel Fuel”, as it may be amended from time to time.

(ii) Canadian General Standards Board CAN/CGSB-3.520-2020 “Diesel Fuel containing low levels of biodiesel (B1-B5)”, as it may be amended from time to time.

(iii) Canadian General Standards Board CAN/CGSB-3.522-2020 “Diesel Fuel containing biodiesel (B6-B20)”, as it may be amended from time to time.

183.1 (1) Where diesel-powered equipment is operating in an underground mine, the employer shall ensure a mechanical ventilation system produces a flow of air in accordance with the following rules:

1. For equipment with a diesel engine certified in accordance with CSA Standard M424.2:22 “Diesel-Powered Machines for use in Non-Gassy Underground Mines” or previously certified in accordance with an earlier version of that Standard, the flow of air must be at least equal to the recommended ventilation rate as appears on the certificate of homologation.

2. For equipment with a diesel engine not certified in accordance with CSA Standard M424.2:22 “Diesel-Powered Machines for use in Non-Gassy Underground Mines” or not previously certified in accordance with an earlier version of that Standard, the flow of air must be at least 0.06 cubic metres per second for each kilowatt of power of the equipment.

3. If the equipment described in paragraph 1 or 2 has been subsequently modified with a diesel particulate filter or similar after-treatment device, but has not been certified or recertified in accordance with CSA Standard M424.2:22 “Diesel-Powered Machines for use in Non-Gassy Underground Mines” after the modification or was not previously certified in accordance with an earlier version of that Standard after the modification, the employer shall consult with the joint health and safety committee or health and safety representative, if any, and determine a suitable flow of air based on:

i. the applicable rates for the equipment prior to modification as determined under paragraphs 1 and 2,

ii. good engineering practices, and

iii. the results of testing performed on the equipment, including emission levels produced by the equipment after the installation of a diesel particulate filter or similar after-treatment device.

4. Where more than one piece of diesel-powered equipment is operating in a single continuous course of air in an underground mine, the flow of air must be at least equal to the cumulative ventilation rates as determined under paragraphs 1 to 3.

(2) A record of the suitable flow of air determined under paragraph 3 of subsection (1) together with the information, testing results and calculations used to make that determination must be kept readily available at the mine site.

(3) A diesel particulate filter or after-treatment device shall be maintained in accordance with the manufacturer’s recommendations.

(4) The employer shall ensure that each piece of diesel-powered equipment has the required flow of air as determined under subsection (1) posted in a location on the equipment that is visible to and readable by the operator.

183.2 Where diesel-powered equipment is operated in an underground mine, the time-weighted average exposure of a worker to elemental carbon shall not be more than 0.12 milligrams per cubic metre of air.

183.3 (1) The employer at an underground mine shall ensure that tests are carried out to determine,

(a) the volume of air flowing in underground haulageways and workings where diesel-powered equipment is operating; and

(b) the volume of air flowing in the workplace and the concentration of carbon monoxide, nitrogen dioxide, or elemental carbon in the atmosphere of the workplace.

(2) The test required under clause (1) (a) shall be conducted at least weekly and the test required under clause (1) (b) shall be conducted at the request of a worker.

(3) The employer at an underground mine shall ensure that,

(a) the results of tests conducted under subsection (1) are recorded and the record is maintained and is readily available at the mine site; and

(b) the results are provided to the joint health and safety committee or health and safety representative, if any, on request.

(4) If a test indicates that a worker has been exposed to a hazardous substance referred to in clause (1) (b) in excess of a limit set out in section 183.2 or in section 4 of Regulation 833 (Control of Exposure to Biological or Chemical Agents) made under the Act, the employer shall,

(a) investigate the cause and take remedial action, if possible, to prevent a recurrence of the situation;

(b) notify the worker and the joint health and safety committee or the health and safety representative, if any, for the workplace; and

183.4 (1) At an underground mine, an employer shall test the undiluted exhaust discharging from diesel-powered equipment into the atmosphere to ensure that it contains,

(a) less than 600 parts per million by volume of carbon monoxide; and

(b) less than 60 parts per million by volume of nitrogen dioxide.

(2) The testing in subsection (1) must be done,

(a) immediately after repairs are made to the engine or the exhaust system or both; and

(b) at routine intervals for maintenance as the manufacturer recommends or, if there is no such recommendation, at least once a month.

(3) The employer shall ensure that,

(a) testing measures and procedures are developed in consultation with, and take into consideration any recommendations made by, the joint health and safety committee or health and safety representative, if any;

(b) each individual piece of equipment is tested under consistent conditions so that results from different tests can be compared;

(d) test results are provided to the joint health and safety committee or health and safety representative, if any, on request; and

(e) a record of the results of every test is created, maintained and kept readily available at the mine site.

27. Clause 185 (7) (b) of the Regulation is revoked and the following substituted:

(b) any stored energy that could be a hazard to workers shall be dissipated or contained;

28. (1) Subsection 195 (1) of the Regulation is revoked and the following substituted:

(1) An overhead travelling crane for general use shall meet the standards set out in CSA Standard B167-16 (R2021) “Overhead cranes, gantry cranes, monorails, hoists, and jib cranes”.

(2) Subsection 195 (6) of the Regulation is revoked and the following substituted:

(6) Before a crane is first used, a person trained in and using the commissioning and testing requirements contained in CSA Standard B167-16 (R2021) “Overhead cranes, gantry cranes, monorails, hoists, and jib cranes” shall test devices that may affect the safe operation of the crane.

29. Clause 226 (10) (a) of the Regulation is revoked and the following substituted:

(a) be equipped with a device that,

(i) measures the load on the hoist drive motor at all times, and

(ii) is always within plain view of the hoist operator;

30. (1) Clause 228 (1) (a) of the Regulation is amended by striking out “CSA Standard G4-15 “Steel Wire Rope for General Purpose and for Mine Hoisting and Mine Haulage”” and substituting “CSA Standard G4-15 (R2020) “Steel Wire Rope for General Purpose and for Mine Hoisting and Mine Haulage”, as it may be amended from time to time”.

(2) Subsection 228 (2.1) of the Regulation is amended by striking out “CSA Standard G4-15 “Steel Wire Rope for General Purpose and for Mine Hoisting and Mine Haulage”” at the end and substituting “CSA Standard G4-15 (R2020) “Steel Wire Rope for General Purpose and for Mine Hoisting and Mine Haulage”, as it may be amended from time to time”.

31. (1) Subsection 232 (7.1) of the Regulation is revoked and the following substituted:

(7.1) A free fall test shall not be performed at the speed attained by a free fall of 1.5 metres unless the design and configuration of the safety catches and mechanisms and the loading on the cage or skip have been tested at normal hoisting speed before the free fall.

(2) Clause 232 (8) (b) of the Regulation is amended by striking out “safety dogs” and substituting “safety catches”.

(3) Clause 232 (8) (c) of the Regulation is amended by striking out “safety dogs” and substituting “safety catches and mechanisms”.

(4) Clause 232 (8) (d) of the Regulation is amended by striking out “safety dogs” and substituting “safety catches and mechanisms”.

32. (1) Subclause 248 (2) (a) (ii) of the Regulation is amended by adding “and mechanisms” after “catches”.

(2) Subsection 248 (3) of the Regulation is revoked and the following substituted:

(3) At least once every three months, the safety catches and mechanisms of the cage or other shaft conveyance shall be tested and such tests shall consist of releasing the empty conveyance suddenly in some suitable manner from rest, so that the safety catches and mechanisms have the opportunity to grip the guides and, where the safety catches and mechanisms do not act satisfactorily, the cage or other shaft conveyance shall not be used for lowering or raising workers until the safety catches and mechanisms have been repaired and tested and shown to act satisfactorily.

33. Subsection 251 (2) of the Regulation is amended by striking out “CSA Standard 3.7-15, “Non-Recirculating Direct Gas-Fired Industrial Air Heaters”” at the end and substituting “CSA Standard 3.7-15 (R2020), “Non-Recirculating Direct Gas-Fired Industrial Air Heaters””.

34. Section 252 of the Regulation is revoked and the following substituted:

252. (1) In an underground mine or a mining plant building, an adequate ventilation system shall be provided, maintained and used that,

(a) provides an oxygen content in the atmosphere of at least 19.5 per cent by volume to all workplaces in the underground mine or mining plant building;

(b) is initiated prior to workers entering the workplace;

(d) is independent of air supplied to operate any drill or machine used; and

(e) removes contaminants resulting from the detonation of a blast prior to workers entering the workplace.

(2) In an underground mine, the ventilation system described in subsection (1) must be mechanical.

(3) The employer shall keep and maintain the following:

1. Accurate plans of the design of the ventilation system that show,

i. the location of all ventilation fans or openings,

ii. the location of all ventilation doors, including regulating doors,

iii. the location and position of all fire doors, and

iv. the location and position of all louvres, brattices, stoppings, regulators controlling airflows and similar devices.

2. Records that show,

i. the volume of air in cubic metres per second produced by the ventilation fans,

ii. the operating gauge pressure of the primary fans,

iii in a mining plant building, the volume of air in cubic metres per second withdrawn by processing equipment, and

iv. in an underground mine, the direction of flow of the main ventilating airflows.

35. Section 253 of the Regulation is revoked.

36. Section 254 of the Regulation is revoked and the following substituted:

254. The employer at a mine or mining plant shall, in consultation with the joint health and safety committee or health and safety representative, if any, develop and maintain written procedures for managing the hazards associated with heat stress and cold stress in the workplace in order to protect the health and safety of workers.

37. Section 255 of the Regulation is revoked and the following substituted:

255. (1) An area of an underground mine that is not part of a ventilation system shall,

(a) subject to subsection (2), be adequately barricaded to prevent entry by any person; and

(b) have signs posted to warn persons that entry into the area is prohibited.

(2) Before any person enters or is permitted to enter an underground area referred to in subsection (1), the area shall be examined by a competent person.

(3) Before conducting an examination required under subsection (2), the competent person must be provided with written instructions setting out the following:

1. The hazard or potential hazard involved in the area.

2. The use of testing equipment required to conduct the examination.

3. The personal protective devices the person is required to use or wear.

4. Any other precautions or procedures to be taken for the protection of the person.

(4) An examination required under subsection (2) must include examinations for the following conditions in the area:

1. Oxygen deficiency due to an oxygen content in the atmosphere that is less than 19.5 per cent by volume.

2. The presence of a hazardous gas, vapour, dust, mist or fume.

3. Any other dangerous conditions.

(5) The competent person shall provide the results of the examination to the employer.

(6) Subject to subsection (7), if any of the conditions set out in subsection (4) are present in an area, no worker shall enter the area.

(7) A worker may enter the area for the purpose of remedying a condition set out in subsection (4) that has been identified in an examination conducted under this section provided that such measures are taken as are necessary to protect the worker.

38. Section 261 of the Regulation is revoked and the following substituted:

261. A battery-charging station in an underground mine must be ventilated to prevent the accumulation of an explosive mixture of gases.

39. Section 265 of the Regulation is revoked.

40. Section 268 of the Regulation is revoked and the following substituted:

268. (1) An employer at a mining plant shall keep and maintain records of the amount of potentially hazardous chemical reagents used at the mining plant.

(2) The records required under subsection (1) must be,

(a) reviewed and updated as often as necessary and at least annually; and

(b) provided to the joint health and safety committee or health and safety representative, if any.

41. Section 269 of the Regulation is revoked and the following substituted:

269. Where, in a mining plant, the atmosphere may contain chemical or physical agents that are likely to endanger the health and safety of a worker, equipment for the detection of such agents shall be provided and be readily accessible.

42. Section 270 of the Regulation is revoked.

43. Section 282 of the Regulation is revoked and the following substituted:

282. (1) Where a worker is required to work with, or is likely to be exposed to, a hazardous biological or chemical agent that could cause injury to the worker, the employer shall provide as many of the following as are needed for adequate emergency treatment:

1. Eye wash facilities.

2. Emergency showers.

3. Antidotes, flushing fluids or washes.

(2) The emergency equipment or treatments described in subsection (1) must,

(a) be clearly marked with a sign or label;

(b) be located or installed in a conspicuous place near where the hazardous biological or chemical agent is kept or used;

(d) have instructions for its use displayed on the equipment or treatment or as near to it as is practical.

44. Section 286 of the Regulation is revoked.

Commencement

45. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Sections 1, 2, 4 to 9, 12, 14, 16, 18, 19, 27 to 33 and 38 come into force on the later of July 1, 2023 and the day this Regulation is filed.

(3) Sections 3, 10, 11, 13, 15, 17, 20 to 26, 34 to 37 and 40 to 44 come into force on the later of September 1, 2023 and the day this Regulation is filed.

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O. Reg. 69/23: MINES AND MINING PLANTS

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