O. Reg. 296/11: MINES AND MINING PLANTS

 

ontario regulation 296/11

made under the

occupational health and safety act

Made: June 22, 2011
Filed: June 24, 2011
Published on e-Laws: June 28, 2011
Printed in The Ontario Gazette: July 9, 2011

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

(Mines and Mining Plants)

1. Section 11 of Regulation 854 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

11. (1) Employers in the following types of mines and mining plants shall establish and maintain the following training programs:

1. Hard rock underground mine,

i. Common Core for Basic Underground Hard Rock Miner (Program #P770010),

ii. Specialty Modules for Underground Hard Rock Miner (Program #P770010),

iii. Common Core for First Line Underground Mine Supervisor — Underground Hard Rock Mining (Program #P770121).

2. Soft rock underground mine,

i. Common Core for Basic Underground Soft Rock Miner (Program #P770130),

ii. Specialty Modules for Underground Soft Rock Miner (Program P#770130),

iii. Common Core for First Line Underground Mine Supervisor — Underground Soft Rock Mining (Program #P770131).

3. Mill process operation,

i. Common Core for Basic Mill Process Operator — Mineral Ore (Program #P810050),

ii. Specialty Modules for Mill Process Operator — Mineral Ore (Program #P810050).

4. Mines and mining plants other than hard rock underground mines, soft rock underground mines, and mill, smelter and refinery process operations,

i. Common Core module for Generic First Line Supervisor — Surface Mining, Surface and Underground Diamond Drilling Operations, and Underground and Surface Mining Trades (Program #P770141).

(2) An employer shall train each worker in the modules of the programs described in subsection (1) appropriate for that worker.

(3) The employer shall ensure that a worker completes all of the modules of the appropriate basic common core program before work covered by that program is assigned to the worker.

(4) The employer shall ensure that a worker completes all of the modules of the appropriate supervisor’s common core program within 12 months after the worker begins performing supervisory duties.

(5) The employer shall ensure that a worker completes a specialty module within 12 months after the worker begins performing work covered by that module.

(6) Subsections (2) to (5) do not apply to a worker with respect to a module if the worker,

(a) successfully completed the module before being employed by the employer and gives the employer proof of successful completion; or

(b) was accredited under a predecessor of this section and gives the employer proof of accreditation.

(7) A worker who would otherwise be required to be trained in the program described in subparagraph 1 iii of subsection (1) is not required to be trained in that program if he or she completed Program #P770120 (Common Core for First Line Production Supervisors, Underground Hard Rock Mining) on or before April 1, 2007.

(8) A document issued by the Ministry of Training, Colleges and Universities showing that a worker has successfully completed a module of a program referred to in subsection (1) or (7) is conclusive proof for the purposes of this section of the worker’s successful completion of the module.

2. (1) Subsection 11.1 (1) of the Regulation is revoked and the following substituted:

(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 — Helper Level (Program #P770150),

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

2. Surface diamond drilling operations,

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

ii. Common Core for Surface Diamond Driller — Runner Level (Program #P770200).

(2) Subsection 11.1 (2) of the Regulation is amended by striking out “each full-time worker” and substituting “each worker”.

(3) Subsection 11.1 (4) of the Regulation is revoked and the following substituted:

(4) A document issued by the Ministry of Training, Colleges and Universities showing that a worker has successfully completed a module of a program referred to in subsection (1) is conclusive proof for the purposes of this section of the worker’s successful completion of the module.

3. (1) Subsections 11.2 (1) and (2) of the Regulation are revoked and the following substituted:

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

1. Common Core for Surface Miner (Program #770210).

2. Specialty Modules for Surface Miner (Program #770210).

(2) An employer shall train each worker in the modules of the programs described in subsection (1) appropriate for that worker.

(2.1) The employer shall ensure that a worker completes all of the common core modules within 12 months after the worker begins performing work covered by those modules.

(2) Subsection 11.2 (3) of the Regulation is revoked and the following substituted:

(3) Subsection (2) does not apply to a worker with respect to a module if the worker successfully completed the module before being employed by the employer.

(3) Section 11.2 of the Regulation is amended by adding the following subsection:

(4.1) The employer shall ensure that a worker completes a specialty module described in subsection (1) within 12 months after the worker begins performing work covered by that module.

(4) Subsection 11.2 (5) of the Regulation is revoked and the following substituted:

(5) A document issued by the Ministry of Training, Colleges and Universities showing that a worker has successfully completed a module of a program referred to in subsection (1) is conclusive proof for the purposes of this section of the worker’s successful completion of the module.

4. (1) Subsection 11.2.1 (2) of the Regulation is revoked and the following substituted:

(2) An employer shall train each worker in the program described in subsection (1), as appropriate for that worker.

(2.1) The employer shall ensure that a worker completes all of the modules of the program described in subsection (1) within 12 months after the worker begins performing work covered by those modules.

(2) Subsection 11.2.1 (4) of the Regulation is revoked and the following substituted:

(4) A document issued by the Ministry of Training, Colleges and Universities showing that a worker has successfully completed a module of the program referred to in subsection (1) is conclusive proof for the purposes of this section of the worker’s successful completion of the module.

5. (1) Subsection 11.2.2 (2) of the Regulation is revoked and the following substituted:

(2) An employer shall train each worker in the modules of the programs described in subsection (1) appropriate for that worker.

(2.1) The employer shall ensure that a worker completes all of the modules of the appropriate program within 12 months after the worker begins performing work covered by those modules.

(2) Subsection 11.2.2 (4) of the Regulation is revoked and the following substituted:

(4) A document issued by the Ministry of Training, Colleges and Universities showing that a worker has successfully completed a module of the program referred to in subsection (1) is conclusive proof for the purposes of this section of the worker’s successful completion of the module.

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

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

7. Subsections 17 (1) to (6) of the Regulation are revoked and the following substituted:

(1) Mine rescue stations may be established, equipped, operated and maintained, as the Minister may direct, by an entity specified by the Minister that, in the opinion of the Minister, is qualified to perform those functions.

(2) An entity specified under subsection (1) shall,

(a) appoint mine rescue officers; and

(b) establish mine rescue crews.

(3) Mine rescue officers shall,

(a) administer mine rescue stations;

(b) train mine rescue crew members; and

(c) ensure that each mine rescue crew member is competent to perform and physically capable of performing the functions of a mine rescue crew member.

(4) The owner of a mine shall make available, at the owner’s expense,

(a) an adequate number of workers to be taught and trained in mine rescue work; and

(b) training facilities and adequate storage for training materials and equipment.

8. Subsections 107 (4) and (5) of the Regulation are revoked. 

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

107.1 (1) An employer shall establish written procedures for work performed on tire and wheel assemblies.

(2) The procedures shall address the hazards associated with the work in a manner that protects the health and safety of workers.

(3) Where possible, the procedures shall require the use of devices to protect the health and safety of workers.

(4) An employer shall train workers in work performed on tire and wheel assemblies and in the procedures established under subsection (1) before the workers perform that kind of work.

10. Subsection 170 (2) of the Regulation is revoked.

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

181.1 Sections 182, 183, 183.1 and 183.2 apply only with respect to work done in underground mines.

12. (1) Subsections 182 (1) and (1.1) of the Regulation are revoked and the following substituted:

(1) Diesel-powered equipment shall not be used in an underground mine unless a form obtained from the Ministry has been completed with information relating to the equipment and the completed form is readily available at the mine site.

(2) Subsections 182 (5) and (6) of the Regulation are revoked and the following substituted:

(5) An employer shall ensure that the undiluted exhaust emissions from diesel-powered equipment contain less than 600 parts per million by volume of carbon monoxide.

13. Subsection 183.1 (5) of the Regulation is revoked and the following substituted:

(5) The flow of air must,

(a) reduce the time-weighted average exposure of a worker to total carbon to not more than 0.4 milligrams per cubic metre of air; or

(b) reduce the time-weighted average exposure of a worker to elemental carbon, multiplied by 1.3, to not more than 0.4 milligrams per cubic metre of air.

14. (1) Paragraph 3 of subsection 183.2 (1) of the Regulation is amended by striking out “respirable combustible dust” and substituting “total carbon”.

(2) Section 183.2 of the Regulation is amended by adding the following subsection:

(1.1) The employer shall ensure that the following rules are complied with in relation to tests conducted under paragraph 2 of subsection (1):

1. The employer shall develop and implement testing measures and procedures in consultation with the joint health and safety committee or health and safety representative, if any, and shall take into consideration any recommendations made by the committee or representative. 

2. Each individual piece of equipment must be tested under consistent conditions so that results from different tests can be compared.

3. Testing must be carried out, as far as is practical, on equipment under full load.

(3) Subsection 183.2 (3) of the Regulation is amended by striking out “paragraph 3 of subsection (1)” and substituting “paragraphs 2 and 3 of subsection (1)”.

(4) Subsection 183.2 (4) of the Regulation is amended by striking out “subsections 183.1 (4) and (5)” in the portion before clause (a) and substituting “subsection 183.1 (4) or clause 183.1 (5) (a)”.

(5) Clause 183.2 (4) (c) of the Regulation is amended by striking out “subsections 183.1 (4) and (5)” at the end and substituting “subsection 183.1 (4) or clause 183.1 (5) (a)”.

15. The form to subsection 195 (15) is amended by striking out “qualified medical practitioner” and substituting “physician”.

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

226.1 (1) Every drum hoist in a mine that is regularly used to transport persons in a cage or skip must be equipped with a slack rope protection system that,

(a) will interrupt the safety circuit when activated; and

(b) is effective over the entire operating length of the shaft.

(2) Subsection (1) does not apply to a drum hoist that was installed at or relocated within a mine before January 1, 2012.

17. Subsection 237 (12) of the Regulation is revoked and the following substituted:

(12) No person shall ride on the rim of a bucket.

(12.1) A person who is being transported by a bucket shall ride inside the bucket.

18. The form to subsection 238 (4) is amended by striking out “legally qualified medical practitioner” and substituting “physician”.

19. (1) Subclause 248 (2) (d) (i) of the Regulation is revoked and the following substituted:

(i) the hoisting rope of a drum hoist at the drum spout and at the attachments to the drum, and

(2) Subsection 248 (6) of the Regulation is revoked and the following substituted:

(6) The portion of the hoisting rope and tail rope that is within a wedge attachment of a friction hoist shall be examined at least once after every 18 months of service and shall be cut off when an examination reveals that,

(a) there are one or more broken wires;

(b) there is advanced corrosion;

(c) there is excessive pitting; or

(d) there is excessive deformation of one or more wires.

(6.1) The portion of the hoisting rope and tail rope that is within a socket attachment of a friction hoist shall be cut off,

(a) after 24 months of service, in the case of tail rope within a resin socket attachment;

(b) after 18 months of service, in all other cases.

20. Part XI of the Regulation is amended by adding the following section:

293.1 (1) In this section,

“dBA” means a measure of sound level in decibels using a reference sound pressure of 20 micropascals when measured on the A-weighting network of a sound level meter;

“decibel” means a unit of measurement of sound pressure level that is equal to 20 times the logarithm to the base 10 of the ratio of the pressure of a sound, divided by the reference pressure of 20 micropascals;

“equivalent sound exposure level” is the steady sound level in dBA which, if present in a workplace for eight hours in a day, would contain the same total energy as that generated by the actual and varying sound levels to which a worker is exposed in his or her total work day, determined in accordance with the formula set out in subsection (2).

(2) The formula for determining the equivalent sound exposure level is as follows:

where,

L_ex,8 is the equivalent sound exposure level in 8 hours,

Σ is the sum of the values in the enclosed expression for all activities from i = 1 to i = n,

i is a discrete activity of a worker exposed to a sound level,

t_i is the duration in hours of i,

SPL_i is the sound level of i in dBA,

n is the total number of discrete activities in the worker’s total workday.

(3) Every employer shall take all measures reasonably necessary in the circumstances to protect workers from exposure to hazardous sound levels.

(4) The protective measures shall include the provision and use of engineering controls, work practices and, subject to subsection (7), personal protective equipment.

(5) Any measurement of sound levels in the workplace that is done in order to determine what protective measures are appropriate shall be done without regard to any use of personal protective equipment.

(6) Without limiting the generality of subsections (3) and (4), every employer shall ensure that no worker is exposed to a sound level greater than an equivalent sound exposure level of 85 dBA, L_ex,8.

(7) Except in the circumstances set out in subsections (8) and (9), the employer shall protect workers from exposure to a sound level greater than the limit described in subsection (6) without requiring them to use and wear personal protective equipment.

(8) If this subsection applies, workers shall wear and use personal protective equipment appropriate in the circumstances to protect them from exposure to a sound level greater than the limit described in subsection (6).

(9) Subsection (8) applies if engineering controls are required by subsections (3) and (4) and,

(a) are not in existence or are not obtainable;

(b) are not reasonable or not practical to adopt, install or provide because of the duration or frequency of the exposures or because of the nature of the process, operation or work;

(c) are rendered ineffective because of a temporary breakdown of such controls; or

(d) are ineffective to prevent, control or limit exposure because of an emergency.

21. Form 1 of the Regulation is revoked.

Commencement

22. This Regulation comes into force on January 1, 2012.