Occupational Health and Safety Act
Loi sur la santé et la sécurité au travail

R.R.O. 1990, REGULATION 854

MINES AND MINING PLANTS

Consolidation Period: From October 1, 2007 to the e-Laws currency date.

Last amendment: O. Reg. 84/07.

This Regulation is made in English only.

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CONTENTS

Definitions

1.  In this Regulation,

“adequate”, when used in relation to a procedure, plan, material, device, object or thing, means that it is,

(a) sufficient for both its intended and its actual use, and

(b) sufficient to protect a worker from occupational illness or occupational injury;

“adequately” has a meaning that corresponds to the meaning of “adequate”;

“authorized” means authorized to do a specific task by a supervisor who is in charge of the workplace;

“automatic hoist” means a mine hoist that can be operated by controls situated at shaft stations or on the shaft conveyance;

“breaking strength” means the breaking strength of a shaft rope as determined by a cable testing laboratory approved by the Minister;

“bulkhead” means a structure for the impoundment of water, compressed air, hydraulic backfill or any material in an underground opening where the potential pressure against the structure will be in excess of 100 kilopascals;

“charge” means,

(a) an explosive and a detonator, or

(b) an explosive, a detonator and primer that is exploded as a single unit;

“CSA Standard” means a standard published by the Canadian Standards Association;

“dam” means a structure for the impoundment of more than twenty-five tonnes of water in an underground opening and constructed so as to permit an unobstructed overflow of the water;

“destructive test” means a test on a sample of shaft rope wherein the shaft rope is broken during the test by a tensile testing machine;

“detonator” means a device used in firing a charge of explosive and includes blasting cap and electric blasting cap;

“drum hoist” means a hoist where the rope is wound on a drum or drums;

“electromagnetic device” means a device using an electromagnetic system for examining a shaft rope;

“explosive” means a substance that is made, manufactured or used to produce an explosion or detonation and includes gunpowder, propellant powder, dynamite, detonating cord, shock tube, blasting agent, slurry, water gel and detonator;

“factor of safety” means the number of times the breaking strength of a shaft rope exceeds the weight it supports at a specified location on the rope;

“fire-extinguishing equipment” means a fire hose, an extinguisher or other similar equipment used to fight a fire;

“fire hazard area” means,

(a) an area where a fire hazard may be created by smoking, matches or other means of producing heat or fire and which has been designated as such by the supervisor in charge of the mine, or

(b) a storage area where oil, grease or flammable liquids are stored in excess of 500 litres;

“fire-resistance rating” means the rating in hours or fraction thereof that a material or assembly of materials will withstand the passage of flame and the transmission of heat when exposed to fire, as established for the material or assembly of materials under the Building Code Act;

“fire suppression system” means an installation for the specific purpose of controlling a fire in a particular place;

“friction hoist” means a hoist where the driving force between the drum and rope or ropes supporting the shaft conveyance is obtained through friction;

“hoist” means a drum or friction hoist used for transporting persons or materials in an underground mine;

“lifting device” means a permanently installed system for the purpose of raising, lowering or swinging materials, which includes its rails and supports but does not include a crane, elevator, mine hoist, utility hoist or tugger hoist;

“locomotive” means a unit propelled by any form of energy or a combination of such units operated from a single control running only on rails of a standard gauge railroad and used for moving standard gauge railroad cars but does not include a self-propelled track crane, motorized equipment used for the maintenance of a standard gauge railroad, a motor vehicle equipped with rail wheels in addition to rubber-tired wheels or other similar equipment;

“magazine” means a building, place or structure in which an explosive is kept or stored and includes a detonator storage building, or place, but does not include a storage container being used in an underground mine containing less than 160 kilograms of explosive;

“mine hoisting plant” means a hoist for an underground mine and includes the prime mover, transmission equipment, head-frame, sheaves, ropes, shaft, shaft conveyances, shaft sinking equipment, shaft furnishings, hoist controls, counterweight, signalling and communications equipment and any other equipment used in connection with a hoist;

“motor vehicle” means a vehicle propelled by other than muscular power, including an automobile, a caterpillar-tracked vehicle, a truck, a tractor and a motor vehicle running on rails but does not include a locomotive;

“non-combustible” means material or an assembly of materials that conforms to National Standard of Canada, CAN4-S114-80, “Standard Method of Test for Determination of Non-combustibility in Building Materials”;

“nondestructive test” means the examination of a part without subjecting it to physical distortion, damage or destruction;

“prime mover” means an engine or other device that provides an initial source of motive power;

“primer” means a small charge placed within the main charge to initiate an explosion;

“production crane” means an electrically operated device that travels on fixed overhead track or tracks, and,

(a) is used to handle hot or molten materials, or

(b) has a duty rating equal to or greater than Class C or D as determined under Part 3.4 of CSA Standard B167-1964, “General Purpose Electric Overhead Travelling Cranes”;

“professional engineer” means a person who is registered as a professional engineer or licensed as a professional engineer under the Professional Engineers Act;

“railroad” means a standard gauge railroad at a mine or mining plant;

“rockburst” means an instantaneous failure of rock causing an expulsion of material at the surface of an opening or a seismic disturbance to a surface or underground mine;

“SABS” means South African Bureau of Standards;

“service crane” means an electrically operated device that travels on fixed overhead track or tracks and has a duty rating equal to or less than Class A or B as determined under Part 3.4 of CSA Standard B167-1964, “General Purpose Electric Overhead Travelling Cranes”;

“shaft conveyance” means a conveyance raised or lowered by a mine hoist in a shaft and includes a bucket, a single or multi-deck cage, a skip or a combination of skip and cage;

“shaft rope” means a hoisting, tail, balance, guide or rubbing rope;

“shot” means the sound of a charge or charges being exploded;

“standard gauge” means that the space between the rails of a railroad is approximately 1,435 millimetres;

“surface mine” means a pit or quarry where metallic or non-metallic rock, mineral bearing substance, earth, clay, sand or gravel is being or has been removed by means of an excavation open to the surface to supply material for construction, industrial or manufacturing purposes and includes any work, undertaking or facility used in connection therewith but does not include a cutting for a right of way for a highway or a railroad;

“train”,

(a) except in Parts V and VI, means one or more locomotives without railroad cars or coupled with railroad cars, and

(b) in Parts V and VI, means one or more motor vehicles running on rails without cars or coupled with cars;

“transmission equipment” means any object or objects by which the motion of a prime mover is transmitted to a machine that is capable of utilizing such motion and includes a shaft, pulley, belt, chain, gear, clutch or other device;

“uncontrolled fall of ground” means a fall of ground, such as rock or fill falling from the walls or back of an underground or surface mine but does not include falls occurring as part of blasting or scaling operations;

“underground mine” means a mine that is not a surface mine and includes any work, undertaking or facility used in connection therewith;

“vehicle” includes a locomotive, railroad cars, motor vehicle, trailer or any vehicle propelled, drawn or driven by any kind of power. R.R.O. 1990, Reg. 854, s. 1; O. Reg. 584/91, s. 1; O. Reg. 571/92, s. 1; O. Reg. 272/97, s. 1; O. Reg. 174/01, s. 1; O. Reg. 31/04, s. 1; O. Reg. 630/05, s. 1.

PART I
GENERAL

2.  (1)  Subject to subsection (2), this Regulation applies to all mines and mining plants and to mining development. R.R.O. 1990, Reg. 854, s. 2 (1).

(2)  Ontario Regulation 213/91 applies,

(a) during the construction of a mining plant on the surface; and

(b) to construction at the surface of a mine for the purpose of developing the mine. O. Reg. 571/92, s. 2.

3.  An owner, constructor or employer may vary a procedure required by this Regulation or the composition, design, size or arrangement of a material, object, device or thing as required by this Regulation,

(a) if the procedure, composition, design, size or arrangement as varied affords protection for the health and safety of workers that is at least equal to the protection that would otherwise be given; and

(b) if the owner, constructor or employer gives written notice of the varied procedure, composition, design, size or arrangement to the joint health and safety committee or the health and safety representative, if any, for the workplace and to any trade union representing workers at the workplace. O. Reg. 583/91, s. 1.

4.  Notices shall be posted in conspicuous places at each mine or mining plant, setting out the name, business address and business telephone number of,

(a) the inspector for the district in which the mine or mining plant is located;

(b) the person in charge of the mine or mining plant;

(c) the employer of workers at the mine or mining plant; and

(d) the owner of the mine or mining plant. R.R.O. 1990, Reg. 854, s. 4.

5.  (1)  Before proceeding with,

(a) the development or construction of a mine or a mining plant;

(b) the introduction of new process technology;

(c) the major alteration of mining technique or mining technology;

(d) the use of new methods of construction or of equipment installation;

(e) the making of a major addition or alteration;

(f) the design of a system and procedure for the transfer of fuel by gravity from the surface to an underground fuelling station;

(g) the construction of a bulkhead or dam;

(h) the construction of a tailings dam or any surface structure for the impoundment of tailings; or

(i) the design of a trolley line system, if the lines of the system are to have an operating voltage greater than 300 volts,

the owner of a mine or mining plant shall ensure that the drawings, plans and specifications are prepared or checked by a professional engineer under his or her seal and signature and are in compliance with the Act and this Regulation. R.R.O. 1990, Reg. 854, s. 5 (1); O. Reg. 60/94, s. 1; O. Reg. 272/97, s. 2 (1).

(2)  The owner of a mine or mining plant shall ensure that the drawings, plans and specifications required under subsection (1) are kept readily available at the mine site. O. Reg. 272/97, s. 2 (2).

(2.1)  A written statement of the proposed development, construction, introduction, alteration or use shall be given to the joint health and safety committee or health and safety representative, if any. O. Reg. 272/97, s. 2 (2).

(3)  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. O. Reg. 84/07, s. 1.

(4)  Revoked: O. Reg. 272/97, s. 2 (4).

6.  (1)  The owner of a surface mine producing metallic ore or of an underground mine shall prepare and maintain a mine design assessing the ground stability of the active and proposed workings of the mine. R.R.O. 1990, Reg. 854, s. 6 (1).

(2)  The mine design shall consist of drawings, plans, specifications or procedures to be used and shall be prepared under the direction of a competent person. O. Reg. 571/92, s. 3.

(2.1)  The mine design shall be based upon sound geotechnical engineering practices and shall,

(a) describe the geology of the mine;

(b) outline the geometry of existing and proposed excavations;

(c) describe previous occurrences of ground instability;

(d) describe the mining method including stope sequencing and blasting methods;

(e) specify the ground support system; and

(f) describe measures planned and used to assess potential ground instability such as instrumentation and computer modelling. O. Reg. 571/92, s. 3; O. Reg. 60/94, s. 2.

(3)  The mine design shall be assessed and updated at least annually and also before any alteration is made to the mine that may significantly affect the ground stability of the mine. R.R.O. 1990, Reg. 854, s. 6 (3).

(4)  The mine design shall be kept readily available at the mine site for review by an inspector and by the joint health and safety committee or health and safety representative, if any. O. Reg. 272/97, s. 3.

(5)  Revoked: O. Reg. 272/97, s. 3.

6.1  (1)  In an underground mine, the geometry of an existing excavation that does not have ground support shall not be altered unless,

(a) the owner of the mine arranges for a professional engineer to prepare, in accordance with sound geotechnical engineering practices, a written report on the proposed alteration; and

(b) the report states that the safety of workers will not be endangered by the proposed alteration. O. Reg. 31/04, s. 2.

(2)  In an underground mine, a new excavation that is planned to have no ground support shall not be made unless,

(a) the owner of the mine arranges for a professional engineer to prepare, in accordance with sound geotechnical engineering practices, a written report on the proposed excavation; and

(b) the report states that the safety of workers will not be endangered by the proposed excavation. O. Reg. 31/04, s. 2.

(3)  The owner of the mine shall ensure that copies of reports prepared under subsections (1) and (2) are,

(a) kept readily available at the mine site; and

(b) given to the joint health and safety committee or health and safety representative, if any, and to any trade union representing workers at the workplace. O. Reg. 31/04, s. 2.

7.  A tailings dam or any other surface structure for the impoundment of tailings shall be,

(a) designed in accordance with good engineering practice by a professional engineer;

(b) constructed in accordance with the design; and

(c) maintained so that the structure provides stability against any static and dynamic loading to which it may be subjected. R.R.O. 1990, Reg. 854, s. 7.

8.  (1)  Subject to subsection (2), the minimum age of,

(a) a worker; or

(b) a person who is permitted to be in or about a mine or mining plant,

shall be,

(c) sixteen years of age at a mining plant or a surface mine, excluding the working face; and

(d) eighteen years of age at an underground mine or at the working face of a surface mine. R.R.O. 1990, Reg. 854, s. 8 (1).

(2)  Subsection (1) does not apply to prohibit tours of, or visits to, a mine or mining plant by persons under the prescribed ages who are accompanied by and under the direction of a guide. R.R.O. 1990, Reg. 854, s. 8 (2).

9.  (1)  No worker shall remain or be requested to remain in an underground mine for more than eight hours in any consecutive twenty-four hours, measured from the time the worker enters an underground mine until the time the worker leaves the underground mine. R.R.O. 1990, Reg. 854, s. 9 (1).

(2)  Despite subsection (1), a worker may remain underground in a mine,

(a) when an emergency causes an extension of the time;

(b) for more than eight hours in any consecutive twenty-four hours on one day of a week but only for the purpose of changing shift or for the purpose of avoiding work on Sunday or on a holiday; or

(c) if the worker is a supervisor, pump operator, cagetender, or is a person engaged solely in surveying or measuring or in emergency repair work necessary to permit production. R.R.O. 1990, Reg. 854, s. 9 (2).

(3)  A worker shall not be permitted to operate a mine hoist for more than eight hours in any consecutive twenty-four hours, except in a case provided for in clause (2) (a) or (b) or in subsection (4), but,

(a) where no competent substitute is available, the worker may work extra time not exceeding four hours in any consecutive twenty-four hours for a period not exceeding fourteen calendar days in any four week period; or

(b) where the work is not carried out continuously on three shifts per day, the worker may work such extra time as is necessary for lowering or hoisting the workers employed on the shift, at the beginning and end of their shift. R.R.O. 1990, Reg. 854, s. 9 (3).

(4)  An employer at an underground mine may schedule hours of work in excess of eight hours in any 24-hour period with the consent of the trade unions representing the workers at the underground mine or, if there is no trade union, consent of the workers themselves. O. Reg. 272/97, s. 4.

10.  A supervisor, deck attendant, shaft conveyance attendant or mine hoist operator shall be capable of communicating effectively in the English language. R.R.O. 1990, Reg. 854, s. 10.

11.  (1)  Employers in the types of mines and mining plants described in Column 1 of the Table to subsection (2) shall establish and maintain the training programs identified in the corresponding lines of Columns 2 and 3. O. Reg. 84/07, s. 2.

(2)  The training programs identified in the Table to this subsection shall be developed jointly by labour and management in the mining industry and the Ministry of Training, Colleges and Universities and approved by the Director:

O. Reg. 84/07, s. 2.

(3)  An employer shall train each full-time worker who commences employment on or after April 1, 2007 in the program identified in Columns 2 and 3 of the Table to subsection (2) that is appropriate for that worker, within the first year of the worker’s employment. O. Reg. 84/07, s. 2.

(4)  Subject to subsection (5), an employer shall train each full-time worker who commences employment after June 1, 1987 and before April 1, 2007 in the program identified in Columns 2 and 3 of the Table to subsection (2) that is appropriate for that worker, within the first year of the worker’s employment. O. Reg. 84/07, s. 2.

(5)  The requirement in subsection (4) does not apply to items A3, B3 or D1 of Column 2 and the corresponding lines of Column 3. O. Reg. 84/07, s. 2.

(6)  Subsection (3) or (4), as the case may be, does not apply if the worker,

(a) successfully completed the appropriate program for that worker before being employed by the employer, and gives the employer proof of successful completion; or

(b) was accredited under the predecessor of this section and gives the employer proof of accreditation. O. Reg. 84/07, s. 2.

(7)  A worker who would otherwise be required to be trained in the program listed in item A3 of Column 2 of the Table to subsection (2) is not required to do so if he or she completed Program #P770120 (Common Core for First Line Production Supervisors, Underground Hard Rock Mining) on or before April 1, 2007. O. Reg. 84/07, s. 2.

(8)  A document issued by the Ministry of Training, Colleges and Universities showing that a worker has successfully completed a program listed in the Table to subsection (2) or referred to in subsection (7) is conclusive proof of the worker’s successful completion of the program, for the purposes of this section. O. Reg. 84/07, s. 2.

11.1  (1)  Employers engaged in the following types of mining operations shall establish and maintain the following training programs:

1. Underground diamond drilling operations,

i. Common Core for Underground Diamond Driller Skills — Helper Level (Program #P770150),

ii. Common Core for Underground Diamond Driller Skills — Runner Level (Program #P770150).

2. Surface diamond drilling operations,

i. Common Core for Surface Diamond Driller Skills — Helper Level (Program #P770200),

ii. Common Core for Surface Diamond Driller Skills — Runner Level (Program #P770200). O. Reg. 68/96, s. 1; O. Reg. 174/01, s. 3 (1).

(2)  An employer shall train each full-time worker who commences employment after March 31, 1996 in the programs described in subsection (1) appropriate for that worker, and the training shall be completed before the worker has completed a total of 12 months of employment as a helper or runner in diamond drilling operations. O. Reg. 68/96, s. 1.

(3)  Subsection (2) does not apply if the worker successfully completed a program described in subsection (1) before being employed by the employer. O. Reg. 68/96, s. 1.

(4)  A certificate of achievement showing that a worker has successfully completed a training program referred to in subsection (1), issued by the Ministry of Training, Colleges and Universities, is conclusive proof for the purposes of this section of the worker’s successful completion of the program. O. Reg. 68/96, s. 1; O. Reg. 174/01, s. 3 (2).

11.2  (1)  Employers engaged in surface mine operations shall establish and maintain the following training programs:

1. Modular Training Standards — Surface Miner (Program #770210) Common Core Modules U5030, U5031, U5032.

2. Modular Training Standards — Surface Miner (Program #770210) Specialty Modules. O. Reg. 251/01, s. 1.

(2)  Employers shall train workers in the common core modules described in subsection (1),

(a) by September 30, 2002 if the worker commenced employment on or before September 30, 2001; or

(b) within 12 months after commencing employment, if the worker commences employment after September 30, 2001. O. Reg. 251/01, s. 1.

(3)  Subsection (2) does not apply if the worker successfully completed a program described in subsection (1) before being employed by the employer. O. Reg. 251/01, s. 1.

(4)  A worker shall be trained in the appropriate common core modules before beginning training in a specialty module. O. Reg. 251/01, s. 1.

(5)  A certificate of achievement showing that a worker has successfully completed a training program referred to in subsection (1), issued by the Ministry of Training, Colleges and Universities, is conclusive proof for the purposes of this section of the worker’s successful completion of the program. O. Reg. 251/01, s. 1.

11.2.1  (1)  Employers engaged in hard rock underground mine operations shall establish and maintain the training program described as Basic Underground Hard Rock Mine Service Types — Common Core (Program #P770225). O. Reg. 291/02, s. 1.

(2)  Employers shall train workers in the common core module described in subsection (1),

(a) by December 31, 2003 if the worker commenced employment on or before December 31, 2002; or

(b) within 12 months after commencing employment, if the worker commences employment after December 31, 2002. O. Reg. 291/02, s. 1.

(3)  Subsection (2) does not apply if the worker successfully completed the program described in subsection (1) before being employed by the employer. O. Reg. 291/02, s. 1.

(4)  A certificate of achievement showing that a worker has successfully completed the training program referred to in subsection (1), issued by the Ministry of Training, Colleges and Universities, is conclusive proof for the purposes of this section of the worker’s successful completion of the program. O. Reg. 291/02, s. 1.

11.2.2  (1)  Employers engaged in contiguous underground mine operations and smelter operations shall establish and maintain the following training programs:

1. Common Core for Basic Smelter Operations — Mineral Ore (Program #P810080).

2. Common Core for Non-Production Workers in a Smelter Operation — Mineral Ore (Program #P810090). O. Reg. 31/04, s. 3.

(2)  Employers shall train workers in the common core modules described in subsection (1),

(a) by June 1, 2005 if the worker commenced employment on or before June 1, 2004; or

(b) within 12 months after commencing employment, if the worker commences employment after June 1, 2004. O. Reg. 31/04, s. 3.

(3)  Subsection (2) does not apply if the worker successfully completed the program described in subsection (1) before being employed by the employer. O. Reg. 31/04, s. 3.

(4)  A certificate of achievement showing that a worker has successfully completed the training program referred to in subsection (1), issued by the Ministry of Training, Colleges and Universities, is conclusive proof for the purposes of this section of the worker’s successful completion of the program. O. Reg. 31/04, s. 3.

11.3  In accordance with the Agreement on Internal Trade, 1995 and the Protocols of Amendment, a worker shall be deemed to hold a certificate referred to in subsection 11 (8), 11.1 (4), 11.2 (5) or 11.2.1 (4) if he or she has successfully completed equivalent training in another province or territory of Canada, as determined by the Director. O. Reg. 251/01, s. 1; O. Reg. 291/02, s. 2; O. Reg. 84/07, s. 3.

12.  (1)  Every worker who is exposed to the hazard of head injury shall wear a protective hat that consists of a shell and suspension system that will adequately protect a worker’s head against impact and from flying or falling small objects. R.R.O. 1990, Reg. 854, s. 12 (1).

(2)  Every worker who is exposed to the hazard of foot injury shall wear protective footwear consisting of a boot or shoe which incorporates a protective box toe that will protect a worker’s toes against injury due to impact and which is capable of resisting at least 125 joules of impact energy. R.R.O. 1990, Reg. 854, s. 12 (2).

(3)  An employer shall require a worker to wear or use such personal protective equipment, clothing and devices as are necessary to protect the worker from the particular hazard to which the worker may be exposed. R.R.O. 1990, Reg. 854, s. 12 (3).

(4)  Every worker shall be properly fitted with personal protective clothing or equipment by a competent person or persons. R.R.O. 1990, Reg. 854, s. 12 (4).

(5)  Loose clothing, adornments and hair shall be suitably confined to prevent entanglement with any machinery, device or thing in a workplace. R.R.O. 1990, Reg. 854, s. 12 (5).

13.  (1)  Where, in an emergency, the health or safety of a worker is likely to be endangered by lack of oxygen or the presence of a noxious gas, fume or dust,

(a) emergency breathing equipment and resuscitating equipment shall be provided for use in such emergency; and

(b) a worker trained in the use of the breathing equipment and the resuscitating equipment required by clause (a) shall be conveniently available on each shift. R.R.O. 1990, Reg. 854, s. 13 (1).

(2)  The emergency breathing equipment and the resuscitating equipment required by clause (1) (a) shall each be stored in a dust-proof container. R.R.O. 1990, Reg. 854, s. 13 (2).

14.  (1)  Subject to subsection (5), where a worker is exposed to the hazard of falling more than three metres, a fall arrest system shall be used to protect the worker. R.R.O. 1990, Reg. 854, s. 14 (1).

(2)  The fall arrest system required by subsection (1) shall consist of a suitable combination of a belt, a full body harness, a lanyard, an anchor and a rope-grabbing device or lifeline. R.R.O. 1990, Reg. 854, s. 14 (2).

(3)  The belt, full body harness, lanyard and lifeline shall,

(a) be made of material with elastic properties capable of absorbing and minimizing the arrest force in case of a fall;

(b) be designed to distribute a fall arrest force in such a manner that the possibility of injury to the worker is minimized;

(c) be of sufficient strength to absorb twice the energy that may be transmitted to the fall arrest system; and

(d) not be knotted or allowed to become knotted, when used or worn. R.R.O. 1990, Reg. 854, s. 14 (3).

(4)  When being used and worn against the hazard of falling, the lifeline of the fall arrest system shall be,

(a) anchored so that a worker will fall free of arrest not more than one metre; and

(b) connected to an object that is,

(i) capable of resisting the arrest force in case of a fall, and

(ii) free of sharp edges. R.R.O. 1990, Reg. 854, s. 14 (4).

(5)  Subsection (1) does not apply to a worker employed in shaft sinking where measures and procedures are adopted and put into effect that will provide equal or greater protection to the worker. R.R.O. 1990, Reg. 854, s. 14 (5).

15.  (1)  No person under the influence of, or carrying, intoxicating liquor, shall enter or knowingly be permitted to enter a mine or mining plant. R.R.O. 1990, Reg. 854, s. 15 (1).

(2)  Subject to subsection (3), no person under the influence of, or carrying, a drug or narcotic substance shall enter or knowingly be permitted to enter a mine or mining plant. R.R.O. 1990, Reg. 854, s. 15 (2).

(3)  A person required to use a prescription drug and able to perform his or her work may enter a mine or mining plant upon establishing medical proof thereof. R.R.O. 1990, Reg. 854, s. 15 (3).

16.  (1)  This section applies with respect to a worker who is working alone in an underground mine. However, it does not apply with respect to a supervisor working alone in an underground mine. O. Reg. 272/97, s. 5.

(2)  For the purposes of this section, a worker is not working alone if he or she,

(a) is assigned to work with at least one other worker and is in regular visual contact with the other worker;

(b) is in visual contact with another worker at least once every hour; or

(c) has ready access to a system of two-way communication such as radio, telephone or other electronic means. O. Reg. 272/97, s. 5.

(3)  Only a competent worker shall work alone in an underground mine. O. Reg. 272/97, s. 5.

(4)  Except as otherwise provided by this section, a supervisor or a competent worker designated by the supervisor shall visit a worker at least three times during the worker’s shift, if the worker is working alone in an underground mine. O. Reg. 272/97, s. 5.

(5)  In the following circumstances, a supervisor or competent worker designated by the supervisor is required to visit a worker only once during the worker’s shift, if the worker is working alone in an underground mine:

1. The work conditions are standard.

2. A supervisor or competent worker designated by the supervisor visits or communicates with the worker at least once every two hours.

3. A record of the communications with the worker is kept. O. Reg. 272/97, s. 5.

(6)  The communication required by paragraph 2 of subsection (5) must be either face-to-face communication or by a system of two-way communication such as radio, telephone or another electronic means. O. Reg. 272/97, s. 5.

17.  (1)  Mine rescue stations may be established, equipped, operated and maintained in such locations as the Minister considers advisable. R.R.O. 1990, Reg. 854, s. 17 (1).

(2)  The cost of establishing, equipping, operating and maintaining the mine rescue stations shall be paid out of the Consolidated Revenue Fund in the first instance and shall be reimbursed quarterly by the Workplace Safety and Insurance Board from money assessed and levied by the Board upon employers in the mining industry to defray the cost certified by the Deputy Minister. R.R.O. 1990, Reg. 854, s. 17 (2); O. Reg. 236/99, s. 2.

(3)  Money received from the sale or disposal of any equipment, buildings or machinery used in mine rescue or any handbooks or publications on mine rescue shall be credited against the cost of mine rescue stations. R.R.O. 1990, Reg. 854, s. 17 (3).

(4)  A mine rescue station and the training of members of a mine rescue crew shall be under the direction of a mine rescue officer appointed by the Ministry. R.R.O. 1990, Reg. 854, s. 17 (4).

(5)  A mine rescue crew member shall possess such physical qualifications, and establish competency in mine rescue skills as described in the Handbook of Training in Mine Rescue and Recovery Operations, current edition, issued by the Ministry. R.R.O. 1990, Reg. 854, s. 17 (5).

(6)  The owner of a mine shall make available training facilities and workers to be taught and trained in mine rescue work at the expense of the owner. R.R.O. 1990, Reg. 854, s. 17 (6).

(7)  A mine rescue operation at a mine shall be under the direction of the supervisor in charge of the mine and the costs of the rescue operation shall be at the expense of the owner of the mine. R.R.O. 1990, Reg. 854, s. 17 (7).

(8)  Notice shall be given immediately to a mine rescue officer and to an inspector when the services of a mine rescue crew are required. O. Reg. 272/97, s. 6.

18.  (1)  Surface mines and openings on the surface to underground mines shall be protected to prevent inadvertent access where,

(a) the surface mine or opening is a hazard by reason of its depth;

(b) approaches and openings are not readily visible; or

(c) the hazard caused by the surface mine or opening is greater than the hazard caused by the natural topographical features of the area. R.R.O. 1990, Reg. 854, s. 18 (1).

(2)  Prior to operations at a mine being terminated, a shaft or raise opening shall be,

(a) capped with a stopping of reinforced concrete; or

(b) filled and kept filled with material so that any subsidence of the material will not endanger any person. R.R.O. 1990, Reg. 854, s. 18 (2).

(3)  The stopping prescribed in clause (2) (a) shall be,

(a) secured to solid rock or to a concrete collar secured to solid rock; and

(b) capable of supporting a uniformly distributed load of twelve kilopascals or a concentrated load of fifty-four kilonewtons, whichever is greater. R.R.O. 1990, Reg. 854, s. 18 (3).

(4)  Where an underground mine is being developed after the 1st day of October, 1979, shafts or raise openings shall be provided with a collar of concrete secured to bedrock. R.R.O. 1990, Reg. 854, s. 18 (4).

19.  (1)  Subject to subsection (2), a pillar sixty metres thick shall be established on either side of a party boundary between adjoining underground mining properties. R.R.O. 1990, Reg. 854, s. 19 (1).

(2)  Except for exploration headings and diamond drilling, before the pillar is mined, drawings, plans, specifications, mining methods and procedures for the mining of the pillar shall be prepared or checked by a professional engineer in accordance with good engineering practice, filed with the owners of adjoining mining properties and kept readily available at each mine site. O. Reg. 272/97, s. 7.

(3)  The drawings, plans, specifications, mining methods and procedures to be filed shall be maintained and kept up to date in accordance with subsection 29 (2) of the Act. R.R.O. 1990, Reg. 854, s. 19 (3).

(4)  The pillar dimensions and mining methods and procedures shall,

(a) provide ground support to control rockbursting, ground falls or pillar failures; and

(b) withstand inrush of water or waterbearing materials across the party boundary. R.R.O. 1990, Reg. 854, s. 19 (4).

(5)  Subject to subsections (2), (3) and (4), the party boundary pillar may be mined if the owners of the adjoining mines agree. O. Reg. 272/97, s. 7.

20.  (1)  A laboratory may be approved by the Minister for the purpose of testing or examining shaft ropes or other hoisting appliances. R.R.O. 1990, Reg. 854, s. 20 (1).

(2)  The fee for testing, at a laboratory, a rope of the type described in Column 1 of the Table to this subsection and the size set out in Column 2 is the corresponding amount,

(a) set out in Column 3, for a rope tested for a mine in Ontario; or

(b) set out in Column 4, for a rope tested for a mine outside Ontario or for the manufacturer of the rope.

TABLE

O. Reg. 384/92, s. 1.

(3)  For the purposes of the Table in subsection (2), the diameter in millimetres set out in Column 1 of the following Table shall be deemed to be equivalent to the diameter in inches set out opposite thereto in Column 2:

TABLE

R.R.O. 1990, Reg. 854, s. 20 (3).

(4)  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. R.R.O. 1990, Reg. 854, s. 20 (4).

21.  (1)  The written report required by section 51 of the Act shall include,

(a) the name and address of the employer;

(b) the nature and the circumstances of the occurrence and the bodily injury sustained;

(c) a description of the machinery or equipment involved;

(d) the time and place of the occurrence;

(e) the name and address of the person who was killed or critically injured;

(f) the names and addresses of all witnesses to the occurrence and of all supervisors and workers who were involved; and

(g) the name and address of the physician or surgeon, if any, by whom the person was or is being attended for the injury. R.R.O. 1990, Reg. 854, s. 21 (1).

(2)  For the purposes of section 52 of the Act, notice of,

(a) an accident, explosion or fire which disables a worker from performing his or her usual work; or

(b) an occupational illness,

shall include,

(c) the name, address and type of business of the employer;

(d) the nature and the circumstances of the occurrence and the bodily injury or illness sustained;

(e) a description of the machinery or equipment involved;

(f) the time and place of the occurrence;

(g) the name and address of the person suffering the injury or illness;

(h) the names and addresses of all witnesses to the occurrence;

(i) the name and address of the physician or surgeon, if any, by whom the person was or is being attended for the injury or illness; and

(j) the steps taken to prevent a recurrence. R.R.O. 1990, Reg. 854, s. 21 (2).

(3)  A record of an accident, explosion or fire causing injury requiring medical attention but not disabling a worker from performing his or her usual work shall be kept in the permanent records of the employer and include particulars of,

(a) the nature and the circumstances of the occurrence and the injury sustained;

(b) the time and place of the occurrence; and

(c) the name and address of the injured person. R.R.O. 1990, Reg. 854, s. 21 (3).

(4)  A record kept as prescribed by subsection (3) for the inspection of an inspector shall be notice to the Director. R.R.O. 1990, Reg. 854, s. 21 (4).

(5)  In addition to the occurrences referred to in section 53 of the Act, a notice in writing shall be given where,

(a) a failure occurs in or to a hoist, sheave, hoisting rope, shaft conveyance, shaft timbering or shaft lining;

(b) flammable gas is present in a workplace in an underground mine;

(c) spontaneous heating with evolution of gas occurs in a workplace;

(d) a major failure or major damage occurs or is caused to electrical equipment, standard gauge railway equipment, a crane or a motor vehicle underground;

(e) a rockburst occurs causing damage to equipment or the displacement of more than five tonnes of material;

(f) an uncontrolled fall of ground occurs causing damage to equipment or the displacement of more than fifty tonnes of material;

(g) a fuse, a detonator or an explosive is found to be defective;

(h) a structural failure occurs in any matter or thing for which a design by a professional engineer is prescribed by this Regulation; or

(i) an unexpected and uncontrolled run of material, water or slimes in excess of one cubic metre occurs that could have endangered a worker. R.R.O. 1990, Reg. 854, s. 21 (5); O. Reg. 60/94, s. 3.

22.  (1)  For the purpose of subsection 29 (2) of the Act, drawings, plans and specifications to be kept and maintained shall be,

(a) a surface plan showing,

(i) the boundaries of a mining property,

(ii) the co-ordinates of the section of a mining property under which mining has been done,

(iii) all lakes, streams, roads, railways, electric power transmission lines, main pipe lines, buildings, adits, surface workings, diamond drill holes, out-croppings of rock, dumps, tailing-disposal sites and openings to an underground mine, and

(iv) stopping of openings on the surface to an underground mine;

(b) plans on a horizontal plane with separate drawings for each level showing all underground workings, including shafts, tunnels, diamond drill holes, dams and bulkheads;

(c) plans on a vertical plane of all mine sections at suitable intervals and azimuths, showing all shafts, tunnels, drifts, stopes and other mine workings in relation to the surface, including the location of the top of the bedrock, the surface of the overburden and the bottom and surface of any known watercourse or body of water; and

(d) a plan or diagram showing,

(i) the position of all fixed electrical apparatus and communication systems in the mine,

(ii) the routes of all fixed power feeders and fixed branch feeders properly noted and referenced, and

(iii) the rating of all electrical feeder control apparatus and equipment. R.R.O. 1990, Reg. 854, s. 22 (1).

(2)  The surface plan prescribed by clause (1) (a) shall show,

(a) the boundaries of the mining property,

(i) related to the lot fabric where the property is in a subdivided township,

(ii) connected to the nearest mile post on a surveyed township boundary where the property is in an unsubdivided township, or

(iii) connected to the nearest,

(A) mile post on a surveyed township boundary,

(B) base line, or

(C) meridian line,

where the property is in unsurveyed territory, and

(iv) connected to a co-ordinate control survey monument if one exists within ten kilometres of the property; and

(b) the position and form of a permanent bench mark to which all elevations are related, and the permanent bench mark shall be related,

(i) where a Canadian Geodetic Datum bench mark exists within ten kilometres, to that bench mark, and

(ii) to the permanent bench mark of each adjoining property. R.R.O. 1990, Reg. 854, s. 22 (2).

(3)  The measurements under clause (2) (a) shall be consistent with accuracy standards for third order horizontal control surveys based on Ontario Specifications for Horizontal Control Surveys, 1979. R.R.O. 1990, Reg. 854, s. 22 (3).

(4)  Where operation at a mine is terminated or suspended, copies of the plans mentioned in subsection (1) shall be filed with the Ministry. R.R.O. 1990, Reg. 854, s. 22 (4).

(5)  Copies of all plans shall be on a legible scale and suitable for microfilming. R.R.O. 1990, Reg. 854, s. 22 (5).

23.  (1)  If an underground mine has been permanently shut down or abandoned or if operations at the mine have been discontinued or suspended for more than three months, the owner shall, before dewatering, exploring or resuming work at the mine,

(a) notify an inspector of the owner’s intention to enter the mine; and

(b) furnish an inspector with such drawings, plans, specifications and descriptions of procedures as are necessary to determine whether it is safe to enter the mine. O. Reg. 779/94, s. 1; O. Reg. 272/97, s. 8 (1, 2).

(2)  Subject to subsection (4), where a decision is made to discontinue or suspend operations at a mine or mining plant, notice shall be given forthwith to an inspector. R.R.O. 1990, Reg. 854, s. 23 (2).

(3)  Where operations at a mine or mining plant are discontinued or suspended, the notice mentioned in subsection (2) shall advise whether,

(a) stopping and protection has been done as prescribed in section 18;

(b) explosives have been disposed of as prescribed in subsection 122 (5);

(c) removal and disposition of hoisting ropes has been done as prescribed in subsection 228 (17);

(d) disconnection from the electrical power source has been done and has been confirmed in writing by the appropriate electrical utilities inspection department; and

(e) plans required by section 22 have been filed with the Ministry. R.R.O. 1990, Reg. 854, s. 23 (3); O. Reg. 272/97, s. 8 (3).

(4)  Subsections (2) and (3) do not apply to gravel pit operations that are discontinued during the winter months. R.R.O. 1990, Reg. 854, s. 23 (4).

24.  A notice under subsection 57 (9) of the Act shall be in the following form:

Occupational Health and Safety Act

NOTICE

R.R.O. 1990, Reg. 854, s. 24.

PART II
FIRE PROTECTION

25.  (1)  Procedures in case of a fire in an underground mine, or in a structure or building on the surface at an underground mine, that may be a hazard to workers in the mine shall be prepared by the supervisor in charge of the mine. R.R.O. 1990, Reg. 854, s. 25 (1).

(2)  An alarm system, that is effective to warn workers in an underground mine of a fire that is likely to endanger their safety, shall be provided. R.R.O. 1990, Reg. 854, s. 25 (2).

(3)  The procedures required by subsection (1), or extracts therefrom, and a notice explaining the alarm system shall be set out in writing and shall be posted and kept posted in the shaft house and in a conspicuous place or places where they are most likely to come to the attention of a worker. R.R.O. 1990, Reg. 854, s. 25 (3).

(4)  Every worker shall be advised by a supervisor of the procedures and the alarm system. R.R.O. 1990, Reg. 854, s. 25 (4).

(5)  Once in at least every twelve months during each production shift a fire alarm test of the procedures shall be conducted. R.R.O. 1990, Reg. 854, s. 25 (5).

(6)  The alarm system in an underground mine shall,

(a) consist of the introduction into all workplaces of sufficient quantities of ethyl mercaptan gas or similar gas to be readily detectable by all workers; and

(b) be kept ready for immediate use. R.R.O. 1990, Reg. 854, s. 25 (6).

(7)  Despite clause (6) (a), an alternative means of alarm may be used if the alarm system is agreed upon by the employer and the joint health and safety committee or the health and safety representative, if any, for the workplace. O. Reg. 779/94, s. 2.

(8)  A report of each fire alarm test of the procedures mentioned in subsection (5) shall be kept available at the mine for three years. O. Reg. 272/97, s. 9.

26.  Where the procedure in case of a fire in an underground mine provides for the use of a refuge station for workers, the refuge station shall,

(a) be constructed with materials having at least a one hour fire-resistance rating;

(b) be of sufficient size to accommodate the workers to be assembled therein;

(c) be capable of being sealed to prevent the entry of gases;

(d) have a means of voice communication with the surface; and

(e) be equipped with a means for the supply of,

(i) compressed air, and

(ii) potable water. R.R.O. 1990, Reg. 854, s. 26.

27.  (1)  A fresh air base shall be provided underground where necessary to serve as a base for rescue and recovery work. R.R.O. 1990, Reg. 854, s. 27 (1).

(2)  A fresh air base shall be,

(a) at least thirty square metres in area; and

(b) equipped with a means for the supply of potable water and compressed air. R.R.O. 1990, Reg. 854, s. 27 (2).

28.  (1)  Fire extinguishing equipment of suitable type and size for use on a fire shall be provided,

(a) at a fire hazard area;

(b) where an electrical installation or equipment may be a fire hazard;

(c) in or about a headframe;

(d) in a building or structure on surface where a fire might endanger the mine entrance; and

(e) at a shaft station in an underground mine. R.R.O. 1990, Reg. 854, s. 28 (1).

(2)  A fire suppression system consisting of sprinklers, foam or other suitable means of suppressing fire shall be provided,

(a) in an underground mine,

(i) on equipment containing more than 100 litres of flammable hydraulic fluids,

(ii) in every storage area where more than 500 litres of oil, grease or flammable liquids are stored,

(iii) in every service garage, and

(iv) in every permanent fuelling station; and

(b) on the surface, in a building or structure, except a fan house, located above or adjacent to an opening to an underground mine. R.R.O. 1990, Reg. 854, s. 28 (2); O. Reg. 486/99, s. 1.

(3)  At least once each month in an underground mine,

(a) fire extinguishing equipment;

(b) fire suppression systems;

(c) fire hydrants; and

(d) fire doors,

shall be inspected by a competent person who shall report in writing thereon to the supervisor in charge of the underground mine. R.R.O. 1990, Reg. 854, s. 28 (3).

29.  (1)  In an underground mine or in or about a headframe or shaft house, flammable refuse shall be,

(a) deposited in covered, fire-resistive containers; and

(b) removed at least once a week from the mine or headframe or shaft house. R.R.O. 1990, Reg. 854, s. 29 (1).

(2)  Scrap timber shall safely be disposed of or removed from an underground mine. R.R.O. 1990, Reg. 854, s. 29 (2).

(3)  A written report certifying that there is no accumulation of flammable refuse in the area under his or her supervision shall be made weekly by a supervisor to the supervisor in charge of the mine. R.R.O. 1990, Reg. 854, s. 29 (3).

30.  (1)  Oil, grease and other flammable material shall not be kept or stored in a shafthouse or in a portal house. R.R.O. 1990, Reg. 854, s. 30 (1).

(2)  Oil, grease and flammable liquids with a flashpoint below 52º Celsius shall,

(a) when being used underground, be transported and stored only in metal containers or receptacles or in portable plastic containers for Petroleum Fuels as specified in CSA Standard No. B376-M1980, “Portable Containers for Gasoline and Other Petroleum Fuels”; and

(b) when stored underground, be restricted in quantity to the requirement for,

(i) the current day’s work in the case of volatile flammable liquids, and

(ii) seven days in the case of oil and grease. R.R.O. 1990, Reg. 854, s. 30 (2); O. Reg. 584/91, s. 2.

(3)  No device for the generation of acetylene gas shall be used in an underground mine. R.R.O. 1990, Reg. 854, s. 30 (3).

(4)  No internal combustion engine that uses gasoline, propane or other volatile substance as a fuel shall be used in an underground mine. R.R.O. 1990, Reg. 854, s. 30 (4).

(5)  Except when used for burning or cutting, propane or other similar fuel that is heavier than air when in a gaseous state shall not be permitted to be or be kept underground. R.R.O. 1990, Reg. 854, s. 30 (5).

(6)  When propane or other similar fuel that is heavier than air is being used underground for burning or cutting, the containers for the fuel shall be of a type certified under the Energy Act and shall not be larger than five kilograms in capacity. R.R.O. 1990, Reg. 854, s. 30 (6).

31.  No worker shall build or set a fire in an underground mine unless the worker is specifically authorized to do so and has immediately available suitable fire extinguishing equipment. R.R.O. 1990, Reg. 854, s. 31.

32.  Every workshop and lunchroom in an underground mine shall,

(a) be constructed of material with at least a one hour fire-resistance rating; and

(b) be located and maintained so as to reduce the fire hazard to a minimum. R.R.O. 1990, Reg. 854, s. 32.

33.  A structure housing a fan used in connection with a ventilation system for an underground mine shall be constructed of non-combustible material. R.R.O. 1990, Reg. 854, s. 33.

34.  (1)  A fire hazard area shall be identified by suitable warning signs. R.R.O. 1990, Reg. 854, s. 34 (1).

(2)  Except where special precautions are taken and written instructions issued, no use of matches, smoking or other means of producing heat or fire shall be permitted in a fire hazard area. R.R.O. 1990, Reg. 854, s. 34 (2).

35.  (1)  If a flow of flammable gas is encountered in a mine or in an enclosed building housing a diamond drill on the surface and the concentration of the flammable gas is unknown,

(a) all sources of ignition in the affected area shall be eliminated;

(b) all electrical equipment in the affected area shall be de-energized;

(c) the affected area shall be evacuated;

(d) precautions shall be taken to prevent persons from entering the affected area inadvertently;

(e) a supervisor shall be notified;

(f) the affected area shall be tested by a competent person; and

(g) the affected area shall be designated as a fire hazard area. O. Reg. 236/99, s. 3.

(2)  Subject to subsections (3), (4) and (5), work may resume if the concentration of flammable gas is below 1.0 per cent. O. Reg. 236/99, s. 3.

(3)  If the concentration is less than 0.25 per cent and the affected area is tested periodically to ensure that the level of concentration is known, no precautions are required. O. Reg. 236/99, s. 3.

(4)  If the concentration is 0.25 per cent or greater but not more than 0.5 per cent, all of the following precautions shall be taken:

1. The supervisor shall provide written instructions of any special precautions.

2. The instructions, if any, shall be communicated to the workers.

3. The affected area shall be designated as a fire hazard area.

4. The affected area shall be tested at least once per shift before work begins and, again, on release of any further flow of gas.

5. A flammable gas detector shall remain in the affected area for the purpose of continued testing. O. Reg. 236/99, s. 3.

(5)  If the concentration is 0.5 per cent or greater but not more than 1.0 per cent, all of the precautions set out in subsection (4) shall be taken and the electrical equipment, diesel engines, tools and other material used in the workplace shall be designed to function safely in a flammable gas atmosphere. O. Reg. 236/99, s. 3.

(6)  If concentrations of flammable gas exceed 1.0 per cent in an area, all of the following precautions shall be taken:

1. All sources of ignition in the affected area shall be eliminated.

2. All electrical equipment in the affected area shall be de-energized.

3. All persons, other than competent persons necessary to measure the concentration of flammable gas and to make ventilation changes, shall be removed from the affected area. O. Reg. 236/99, s. 3.

(7)  In mines where flammable gas is known to occur, workers who are underground or diamond drillers who are on the surface shall be advised of,

(a) the probability of encountering a flow of the gas; and

(b) the measures and procedures prescribed in this section. O. Reg. 236/99, s. 3.

(8)  For the purposes of this section, the concentration of flammable gas means the percentage, by volume, of flammable gas in the general atmosphere. O. Reg. 236/99, s. 3.

36.  (1)  Where a blow torch or welding, cutting or other hot work equipment is used underground, or in a headframe, shaft house or other surface building in which a fire may endanger the mine entrance or the underground workings, a procedure for the safe use of hot work equipment shall be prepared in writing and signed by the supervisor in charge of the mine. R.R.O. 1990, Reg. 854, s. 36 (1).

(2)  Only a worker who is a competent person or is under the direction of a competent person shall use hot work equipment. R.R.O. 1990, Reg. 854, s. 36 (2).

(3)  In addition to the hot work procedure required by subsection (1), written instructions shall be issued to the worker by a supervisor before the hot work equipment is used respecting,

(a) the type of work;

(b) the location of the work;

(c) when the work is to be done; and

(d) any special measures and procedures to be taken before, during and after the work. R.R.O. 1990, Reg. 854, s. 36 (3).

(4)  Where hot work equipment is used in a shaft, timbered area or fire hazard area,

(a) the area adjacent to the particular workplace shall be wet down,

(i) before the work is begun, and

(ii) when the work is stopped and the worker using the hot work equipment intends to leave;

(b) the area adjacent to the particular workplace shall be examined for potential fire hazards,

(i) before the work is begun, and

(ii) when the work is stopped and the worker intends to leave the area, and

(iii) on at least one other occasion approximately two hours after the work is stopped;

(c) fire-fighting equipment suitable for extinguishing any potential fire shall be available; and

(d) workers shall be protected from fumes, vapours or gases by,

(i) ventilation, or

(ii) the wearing of respirators. R.R.O. 1990, Reg. 854, s. 36 (4).

(5)  Subsection (1) does not apply to hot work being performed in a repair station or garage protected by a fire suppression system. R.R.O. 1990, Reg. 854, s. 36 (5).

(6)  Clause (4) (a) does not apply where the wetting down will create a hazard because of freezing or the presence of electrical equipment. R.R.O. 1990, Reg. 854, s. 36 (6).

37.  (1)  Except during the initial stages of exploration and development of mine, in addition to the opening through which workers are let into or out of the mine and the ore extracted, a separate escapement exit shall be provided. R.R.O. 1990, Reg. 854, s. 37 (1).

(2)  The escapement exit required by subsection (1) shall be,

(a) located more than thirty metres from the main hoisting shaft or ramp;

(b) of sufficient size to afford an easy passageway;

(c) where necessary, provided with ladders from the deepest workings to the surface;

(d) marked on all levels by signs and arrows pointing the way of exit in a manner to expedite escape;

(e) made known to all underground workers who shall be instructed as to the route to the escapement exit; and

(f) inspected at least once a month by a competent person who shall give a written report of such inspection to the supervisor in charge of the mine. R.R.O. 1990, Reg. 854, s. 37 (2).

(3)  A structure covering the escapement exit shall be constructed of material with at least a one hour fire-resistance rating. R.R.O. 1990, Reg. 854, s. 37 (3).

38.  (1)  Subject to subsection (2), unless there is a second means of exit from an underground mine, no building shall be erected within fifteen metres of any closed-in part of a headframe or portal house. R.R.O. 1990, Reg. 854, s. 38 (1).

(2)  A building erected within fifteen metres of any closed-in part of a headframe or portal house shall be constructed of material with at least a one hour fire-resistance rating. R.R.O. 1990, Reg. 854, s. 38 (2).

(3)  No steam boiler or diesel engine shall be installed in such a manner that any part thereof is within thirty metres of the centre of the collar of a shaft or other entrance to a mine. R.R.O. 1990, Reg. 854, s. 38 (3).

(4)  No internal combustion engine shall be installed, serviced, garaged or stored in or within fifteen metres of the building housing the hoist nor within thirty metres of the centre of the collar of a shaft or other entrance to a mine. R.R.O. 1990, Reg. 854, s. 38 (4).

(5)  Except for the fuel tanks of motor vehicles, no gasoline or liquid fuel shall be stored within thirty metres of the centre of the collar of a shaft or other entrance of a mine. R.R.O. 1990, Reg. 854, s. 38 (5).

(5.1)  Subsections (3), (4) and (5) do not apply with respect to a diesel engine and an attached diesel fuel tank (other than an engine installed on a motor vehicle) if,

(a) the engine and tank are enclosed by a structure constructed of material that has a fire-resistance rating of at least one hour;

(b) the structure separates the enclosed area from the hoist or a shaft or other entrance to a mine; and

(c) the enclosed area has a fire suppression system and an automatic fire alarm. O. Reg. 272/97, s. 10.

(6)  The natural drainage shall drain away from the shaft collar or other mine entrance. R.R.O. 1990, Reg. 854, s. 38 (6).

(7)  Where a hoist is located above the mine shaft, the supporting and enclosing structures shall be constructed of material with at least a one hour fire-resistance rating. R.R.O. 1990, Reg. 854, s. 38 (7).

39.  Fire doors in an underground mine shall,

(a) where practical, be installed to close off the shaft or main entrance to the mine and the mine openings directly associated with it from the other workings;

(b) be installed to close off,

(i) service garages, and

(ii) oil storage areas where a total of more than 500 litres of oil, grease or flammable liquid are stored;

(c) have at least a one hour fire-resistance rating; and

(d) be maintained in proper order and kept clear of all obstructions so as to be readily usable at all times. R.R.O. 1990, Reg. 854, s. 39.

40.  (1)  Where, in an underground or tower mounted hoistroom, the normal air supply may become contaminated in an emergency, uncontaminated air shall be available to the hoist operator and cagetender by means of,

(a) an enclosed booth with a positive supply of uncontaminated air; or

(b) one or more units of self-contained demand air or oxygen breathing apparatus, together with a fully charged cylinder of compressed air of at least 8.5 cubic metres capacity. R.R.O. 1990, Reg. 854, s. 40 (1).

(2)  Every hoist operator and cagetender who may be required to use demand breathing apparatus shall be competent in its use. R.R.O. 1990, Reg. 854, s. 40 (2).

41.  (1)  Procedures in case of a fire at,

(a) the surface of an underground mine;

(b) a surface mine; or

(c) a mining plant,

shall be prepared by the supervisor in charge of the mine or mining plant. R.R.O. 1990, Reg. 854, s. 41 (1).

(2)  The procedures required by subsection (1) or extracts therefrom shall be set out in writing and shall be posted and kept posted in a conspicuous place or places where they are most likely to come to the attention of a worker. R.R.O. 1990, Reg. 854, s. 41 (2).

(3)  A suitable number of workers at each mine and mining plant shall be trained in the fire-fighting procedures and,

(a) the names of such workers shall be posted in a conspicuous place;

(b) such workers shall be tested for proficiency at least once a year; and

(c) a written report of the results of the tests shall be made and kept on file. R.R.O. 1990, Reg. 854, s. 41 (3).

(4)  Fire-extinguishing equipment of a suitable type and size shall be provided at,

(a) the surface of every underground mine;

(b) every surface mine; and

(c) mining plant. R.R.O. 1990, Reg. 854, s. 41 (4).

(5)  At least once each month, the,

(a) fire-extinguishing equipment;

(b) fire suppression systems;

(c) fire hydrants; and

(d) fire doors,

at the surface of an underground mine, a surface mine and a mining plant shall be inspected by a competent person who shall report thereon to the supervisor in charge of the mine or mining plant, as the case may be. R.R.O. 1990, Reg. 854, s. 41 (5).

42.  (1)  The fuel tank of an internal combustion engine installed in a building shall be arranged so that the transfer of fuel to the tank takes place at a point outside the building and the fuel is conducted to the tank in a tightly jointed pipe or conduit. R.R.O. 1990, Reg. 854, s. 42 (1).

(2)  The air displaced from the fuel tank shall be conducted to a safe point outside the building before being discharged into the atmosphere. R.R.O. 1990, Reg. 854, s. 42 (2).

43.  Any dangerous, flammable or explosive material or substance in a solid, liquid or gaseous state, or any combination thereof, other than explosive, that is kept, stored or handled, in a mining plant shall,

(a) be kept in a container that is suitable having regard to the nature and state of the material or substance;

(b) have labels on the container identifying the material or substance and warning of the hazards involved therewith;

(c) be kept apart or insulated from any source of ignition or from temperatures likely to cause combustion; and

(d) where the material or substance is not intended for immediate use, be kept, stored or handled,

(i) outside any building,

(ii) in a building not used for any other purpose, or

(iii) in a well ventilated compartment with at least a one hour fire-resistance rating which is located in conformity with clause (c). R.R.O. 1990, Reg. 854, s. 43.

44.  (1)  In addition to the main exit, a building at a mining plant, except a magazine, shall be provided with a second means of exit, convenient to and having easy communication with all rooms regularly occupied by a worker, including,

(a) tower stairs equipped with doors and hardware with at least a one hour fire-resistance rating at each storey including the basement; or

(b) metal or other non-combustible fire escapes consisting of exterior stairways with railings and with landings at each storey connecting directly with the interior of the building through metal or other doors with at least a one hour fire-resistance rating. R.R.O. 1990, Reg. 854, s. 44 (1).

(2)  No means of exit from a plant building shall be obstructed and no door to a fire escape, tower stair or other smokeproof enclosure shall be prevented from closing or remaining closed. R.R.O. 1990, Reg. 854, s. 44 (2).

45.  A process that is likely to produce a gas, vapour, dust or fume to such an extent as to be capable of forming a flammable mixture with air shall be carried out in an area which,

(a) is isolated from other operations;

(b) has a system of ventilation which removes the gas, vapour, dust or fume;

(c) has no potential sources of ignition; and

(d) has vents, baffles, chokes, dampers or other means to reduce the effects of any explosion, as may be required. R.R.O. 1990, Reg. 854, s. 45.

PART III
ACCESS TO WORKPLACES

46.  (1)  A safe means of access to a workplace shall be provided by a walkway, stairway or ladderway. R.R.O. 1990, Reg. 854, s. 46 (1).

(2)  Where workers are required to work, operate, maintain or service equipment, a safe means of access shall be provided as prescribed in subsection (1). R.R.O. 1990, Reg. 854, s. 46 (2).

(3)  Every walkway and every working platform more than 1.5 metres above the ground shall be provided with,

(a) a handrail not less than 0.91 metre or more than 1.07 metres above the floor of the walkway or platform;

(b) a second rail placed at the mid-point between the top rail and the floor of the walkway or platform or have the space between the top rail and the floor closed by a screen; and

(c) toeboards which shall extend from the floor a height of not less than 100 millimetres. R.R.O. 1990, Reg. 854, s. 46 (3).

(4)  The handrail required by clause (3) (a) shall be capable of withstanding a load applied in any direction to the top rail of at least 0.9 kilonewton. R.R.O. 1990, Reg. 854, s. 46 (4).

(5)  Despite clauses (3) (b) and (c), toeboards and second rails are not required on a temporary walkway or working platform or on an underground drilling platform that is normally not more than three metres above the ground. R.R.O. 1990, Reg. 854, s. 46 (5).

(6)  When a platform consists of wooden planks, the planks shall,

(a) be sound, unpainted and free of large knots;

(b) provide a minimum safety factor of three times the maximum load to which it is likely to be subjected; and

(c) be nailed or otherwise secured against movement. R.R.O. 1990, Reg. 854, s. 46 (6).

(7)  Where a means of access to a workplace is inclined at more than twenty degrees and less than fifty degrees to the horizontal, a stairway or ladderway shall be provided. R.R.O. 1990, Reg. 854, s. 46 (7).

(8)  Where a means of access to a workplace is inclined at more than fifty degrees to the horizontal, a ladder shall be provided. R.R.O. 1990, Reg. 854, s. 46 (8).

(9)  A stairway shall,

(a) be at an angle not greater than fifty degrees to the horizontal;

(b) not have the rise or vertical distance between landings of a flight exceed 3.6 metres;

(c) have the treads and risers uniform in width and height respectively in any one flight; and

(d) be provided with handrails of adequate strength not less than 0.91 metre and not more than 1.07 metres in height above the treads of the stairs. R.R.O. 1990, Reg. 854, s. 46 (9).

47.  (1)  A ladder shall,

(a) be of strong construction;

(b) be free from broken or loose members or other faults;

(c) be installed and maintained so as to reduce to a minimum the hazard of a person falling therefrom;

(d) if made of wood,

(i) be of sound straight-grain lumber,

(ii) not be painted or otherwise treated in a manner to obscure the grain;

(e) have a distance between centres of the rungs not greater than 300 millimetres or less than 250 millimetres;

(f) have the spacing between rungs not vary more than fifteen millimetres in a ladderway;

(g) have not less than 100 millimetres clearance behind any rung from a wall or any timber or obstruction underneath the ladder; and

(h) project at least one metre above the landing or opening unless strong handholds are provided above the top of the ladder. R.R.O. 1990, Reg. 854, s. 47 (1).

(2)  A fixed ladder shall be securely fastened in place. R.R.O. 1990, Reg. 854, s. 47 (2).

48.  (1)  Except in an underground mine, a ladderway at an angle steeper than seventy degrees to the horizontal shall be fixed in place and be provided with,

(a) platforms at intervals not greater than seven metres;

(b) a safety cage; or

(c) a protective device which when used will prevent a worker from falling. R.R.O. 1990, Reg. 854, s. 48 (1).

(2)  Except in an underground mine, where platforms are used in conjunction with a ladderway,

(a) the ladders shall be offset;

(b) a platform shall be provided at each place where ladders are offset; and

(c) the platform shall be not less than 600 millimetres in width by 1.2 metres in length. R.R.O. 1990, Reg. 854, s. 48 (2).

49.  A portable ladder shall,

(a) be equipped with non-slip feet or otherwise secured;

(b) where any activity in the vicinity may create a hazard to a person thereon, be protected at its base; and

(c) where the ladder has metal or metal-reinforced side rails, not be used near exposed and energized electrical circuits or equipment. R.R.O. 1990, Reg. 854, s. 49.

50.  (1)  Subject to subsection (2), a suitable ladderway shall be provided in every shaft. R.R.O. 1990, Reg. 854, s. 50 (1).

(2)  An independently powered conveyance may be used in place of a ladderway. R.R.O. 1990, Reg. 854, s. 50 (2).

(3)  Except for an auxiliary ladder used in shaft-sinking operations, a shaft ladder shall be inclined. O. Reg. 272/97, s. 11.

(4)  During shaft-sinking operations, if a permanent ladder is not provided to the bottom, an auxiliary ladder that will reach from the permanent ladders to the bottom shall be provided in such convenient position that it may be promptly lowered to any point at which a worker is working. R.R.O. 1990, Reg. 854, s. 50 (4).

51.  (1)  Where a ladderway is installed in an underground mine or in a headframe used in conjunction with a shaft and the ladderway is inclined at more than seventy degrees from the horizontal,

(a) the ladderway shall be provided with substantial platforms at intervals not greater than seven metres;

(b) the ladders shall be offset at the platform;

(c) except for openings large enough to permit the passage of a worker, the platforms shall be fully closed; and

(d) if installed in a shaft manway, the ladders shall be placed over the openings of the platforms below. R.R.O. 1990, Reg. 854, s. 51 (1).

(2)  Where the ladderway is inclined at less than seventy degrees to the horizontal, the ladders may be continuous and the provisions of clauses (1) (a) and (c) shall apply. R.R.O. 1990, Reg. 854, s. 51 (2).

(3)  Where a ladderway is inclined at less than fifty degrees to the horizontal, no platform is required except at points of offset. R.R.O. 1990, Reg. 854, s. 51 (3).

(4)  Where a ladderway is the only means of access for mine rescue purposes, the opening shall be large enough for such purpose. R.R.O. 1990, Reg. 854, s. 51 (4).

52.  Wire ropes used for climbing purposes shall not be frayed or have projecting broken wires. R.R.O. 1990, Reg. 854, s. 52.

53.  No person shall be, or be permitted to be, in a combined ladderway and hoistway compartment while a bucket or material is being,

(a) loaded or unloaded at the top; or

(b) hoisted or lowered. R.R.O. 1990, Reg. 854, s. 53.

54.  (1)  A walkway, stairway or ladderway shall be,

(a) maintained in a safe condition;

(b) free from obstructions;

(c) of sufficient size to ensure that crowding does not occur; and

(d) cleared of hazardous accumulation of material without undue delay. R.R.O. 1990, Reg. 854, s. 54 (1).

(2)  Any opening in a floor or other surface which may be a hazard to a worker shall be,

(a) protected by a guardrail; or

(b) covered with securely fastened planks or other material capable of supporting any load to which it is likely to be subjected. R.R.O. 1990, Reg. 854, s. 54 (2).

PART IV
PROTECTION OF WORKERS

55.  No worker shall work in a location where another worker is working overhead unless measures are taken to protect the worker. R.R.O. 1990, Reg. 854, s. 55.

56.  Where a gas, liquid or vapour is contained at a pressure other than atmospheric pressure, before any fastening of the container or system connected therewith,

(a) is loosened, any flow into or out of the container or system shall be effectively stopped; or

(b) is removed, the container or system shall be drained or bled so that the pressure in the container or system equals atmospheric pressure. R.R.O. 1990, Reg. 854, s. 56.

57.  No liquids or solids shall be transferred from one location or container to another location or container by the application of air under pressure except where equipment specifically designed for the purpose is used. R.R.O. 1990, Reg. 854, s. 57.

58.  Plastic pipe and fittings shall,

(a) meet CSA Standards B137.0-M 1981 and B137.3-M 1981 or, if installed after the 1st day of September, 1992, meet CSA Standards B137.0-M1986, “Definitions, General Requirements and Methods of Testing For Thermoplastic Pressure Piping” and B137.3-M1986, “Rigid Polyvinyl Chloride PVC Pipe For Pressure Applications”;

(b) be properly supported;

(c) not be used for the main supply or discharge of compressed air or water in mine shafts; and

(d) not be forced around bends that may unreasonably stress the pipe or its connections. R.R.O. 1990, Reg. 854, s. 58; O. Reg. 571/92, s. 5.

59.  (1)  All openings, sumps, vessels, bins, hoppers, elevated platforms or pits, other than grease pits, which constitute a hazard, shall be fenced or otherwise guarded. R.R.O. 1990, Reg. 854, s. 59 (1).

(2)  Every power-operated door through which vehicles or pedestrians travel,

(a) shall be clearly distinguished from its surroundings; and

(b) shall be operated in accordance with the procedures adopted by the employer for its use. R.R.O. 1990, Reg. 854, s. 59 (2).

60.  (1)  Before a worker enters any silo, bin, hopper or other container or structure containing bulk material, all further supply of material thereto shall be stopped and any removal of material therefrom shall be prevented. R.R.O. 1990, Reg. 854, s. 60 (1).

(2)  When working on top of bulk material in any silo, bin, hopper or other container or structure,

(a) a worker shall use a fall arrest system; and

(b) at least one other worker, who is a competent person, equipped with a suitable alarm shall be in constant attendance outside the silo, bin, hopper or other container or structure. R.R.O. 1990, Reg. 854, s. 60 (2).

61.  (1)  Stockpiles of unconsolidated material shall be,

(a) inspected for hazardous conditions regularly by a competent person; and

(b) made safe before a worker is allowed to work close to or on top of the stockpile. R.R.O. 1990, Reg. 854, s. 61 (1).

(2)  Bulk or packaged material shall be piled or stacked in a manner to prevent accidental movement or collapse. R.R.O. 1990, Reg. 854, s. 61 (2).

(3)  When a tunnel is used under a stockpile for the purpose of reclaiming material from the stockpile at least two exits shall be provided from the tunnel. R.R.O. 1990, Reg. 854, s. 61 (3).

62.  A procedure shall be established and maintained at an underground mine to record every worker and other person who is underground in the mine. R.R.O. 1990, Reg. 854, s. 62.

62.1  (1)  This section applies with respect to tasks at a workplace that are determined to be non-routine hazardous tasks jointly by the employer and the joint health and safety committee or the health and safety representative, if any, for the workplace. O. Reg. 60/94, s. 4.

(2)  The employer and the joint health and safety committee or the health and safety representative shall jointly establish safe procedures for performing a non-routine hazardous task. O. Reg. 60/94, s. 4.

(3)  The employer shall ensure that the safe procedures are set out in writing. O. Reg. 60/94, s. 4.

(4)  The employer shall ensure that workers are informed that a task is a non-routine hazardous task and are informed about the procedures for performing it before beginning the task. O. Reg. 60/94, s. 4.

(5)  A worker performing a non-routine hazardous task shall follow the established procedures. O. Reg. 60/94, s. 4.

63.  (1)  Every place where drilling and blasting is being carried on in an underground mine shall be examined by a supervisor during each work shift. R.R.O. 1990, Reg. 854, s. 63 (1).

(2)  Every place other than where drilling and blasting is being carried on in an underground mine and where workers carry on work shall be examined by a supervisor at least once each work week. R.R.O. 1990, Reg. 854, s. 63 (2).

64.  (1)  Where in an underground mine a potential or actual danger to the health or safety of a worker has not been remedied or removed at the end of a work shift, a record in writing shall be made by the supervisor of the work shift and signed by the supervisor describing,

(a) the dangerous condition; and

(b) the state of corrective measures taken. R.R.O. 1990, Reg. 854, s. 64 (1).

(2)  The record required by subsection (1) shall be read and countersigned by the supervisor of the next work shift before a worker on such shift does any work in the area of the dangerous condition and the workers on such shift who may be affected by the dangerous condition shall be advised of,

(a) the dangerous condition;

(b) the state of corrective measures undertaken; and

(c) the work required to be done to remove or remedy the dangerous condition. R.R.O. 1990, Reg. 854, s. 64 (2).

65.  (1)  An employer in an underground mine, in consultation with the joint health and safety committee, if any, for the mine, shall develop a written program to provide for the timely communication of information between workers and supervisors in the mine respecting ground stability, ground movement, falls of ground, ground monitoring equipment and emergencies. R.R.O. 1990, Reg. 854, s. 65 (1).

(2)  The communications program shall set out,

(a) means and procedures for communicating information;

(b) the kind of information to be communicated; and

(c) the actions to be taken by supervisors and workers with respect to information that is communicated to them. R.R.O. 1990, Reg. 854, s. 65 (2).

66.  (1)  Before work is begun in a workplace in an underground mine, the ground conditions of the workplace shall be examined for dangers and hazards and, if required, made safe. R.R.O. 1990, Reg. 854, s. 66 (1).

(2)  Revoked: O. Reg. 571/92, s. 6.

67.  (1)  An employer shall prepare written procedures to be used at an underground mine concerning,

(a) activities relating to the installation of ground support at the mine; and

(b) activities that require a worker to be exposed to unsupported ground before the ground support is installed. O. Reg. 571/92, s. 7.

(2)  The procedures shall state the methods for undertaking the activities and for preventing workers’ exposure to unsafe ground conditions. O. Reg. 571/92, s. 7.

(3)  The employer shall consult with the joint health and safety committee or, if no committee exists, with the health and safety representative in preparing the procedures. O. Reg. 571/92, s. 7.

67.1  During scaling procedures in a workplace in an underground mine, no other work shall be carried on that hinders the scaling procedures. O. Reg. 571/92, s. 7.

68.  Where a workplace, travelway, manway or other area of an underground mine is under repair or where there is a danger or hazard to a worker,

(a) the workplace, travelway, manway or other area shall be closed by barricades, fencing or other suitable means; and

(b) warning signs shall be posted indicating that it is under repair or indicating the nature of the danger or hazard. O. Reg. 486/99, s. 2.

69.  (1)  Illumination shall be provided in an underground mine adequate for a worker to visually assess ground conditions at the worker’s workplace. R.R.O. 1990, Reg. 854, s. 69 (1).

(2)  Where a cap lamp is used to provide the illumination as required by subsection (1), it shall be capable of providing a peak illuminance of at least 1500 lux at 1.2 metres from the light source. R.R.O. 1990, Reg. 854, s. 69 (2).

(3)  An employer in an underground mine who supplies cap lamps to workers shall develop a procedure for assessing and maintaining cap lamps and a copy of the procedure shall be available at the mine site for review by the joint health and safety committee or health and safety representative, if any, for the mine. R.R.O. 1990, Reg. 854, s. 69 (3); O. Reg. 272/97, s. 12.

(4)  A record of cap lamp maintenance test results shall be kept. R.R.O. 1990, Reg. 854, s. 69 (4).

(5)  Despite subsection (2), if the ground to be assessed is at a distance that is greater than the effective range of a cap lamp, the employer shall supply, and the worker shall use, auxiliary lighting that will provide the illumination required by subsection (1). R.R.O. 1990, Reg. 854, s. 69 (5).

70.  Revoked: O. Reg. 272/97, s. 13.

71.  (1)  An overhead protective device to protect the operator from falling objects shall be installed on every motor vehicle that is used,

(a) in an underground mine that is developed after June 1, 1988; or

(b) in an area in an underground mine with respect to which the Director has given the owner a written opinion that local ground stability presents a hazard to the operators. O. Reg. 84/07, s. 4.

(2)  Clause (1) (a) does not apply to a motor vehicle while it is being used in an area in an underground mine that is made safe,

(a) by scaling, timbering or rockbolting; or

(b) by measures that provide safety equal to or better than scaling, timbering or rockbolting. O. Reg. 84/07, s. 4.

(3)  An overhead protective device required by subsection (1) shall comply with the falling-object protective structures requirements of International Standard ISO 3449;1992 (E) “Earth-Moving Machinery — Falling-Object Protective Structures — Laboratory Tests and Performance Requirements”. O. Reg. 84/07, s. 4.

(4)  An overhead protective device shall be maintained in good condition. O. Reg. 84/07, s. 4.

72.  A record of the occurrence of a rockburst or of an uncontrolled fall of ground at an underground mine shall be kept in writing setting out,

(a) the time, location and extent of the occurrence;

(b) injury, if any, caused to a worker thereby; and

(c) any other relevant information, including the records of any monitoring instruments or devices before the occurrence. R.R.O. 1990, Reg. 854, s. 72.

73.  (1)  An employer shall develop a quality control program for work in an underground mine to ensure that the ground support systems that are specified in the mine design are properly installed and remain effective while in use. O. Reg. 571/92, s. 8.

(2)  The employer shall maintain a record of the tests that are required under the quality control program. O. Reg. 571/92, s. 8.

(3)  If requested, the employer shall provide a copy of the quality control program and of the record of tests under the program to the joint health and safety committee or, if no committee exists, to the health and safety representative. O. Reg. 571/92, s. 8.

74.  A shaft, raise or other opening in an underground mine shall be securely fenced, covered or otherwise guarded. R.R.O. 1990, Reg. 854, s. 74.

75.  (1)  A shaft shall be securely cased, lined or timbered. R.R.O. 1990, Reg. 854, s. 75 (1).

(2)  During shaft-sinking operations, the casing, lining or timbering shall be maintained within a distance of the bottom not exceeding twenty metres. R.R.O. 1990, Reg. 854, s. 75 (2).

76.  (1)  Except during shaft-sinking operations, a shaft compartment used for the handling of material shall be enclosed at the collar and at all levels, except the side on which material is loaded on or off the shaft conveyance. R.R.O. 1990, Reg. 854, s. 76 (1).

(2)  The enclosure referred to in subsection (1) shall,

(a) be made of substantial materials;

(b) e