jswizzle3737/ontario_laws_and_regs huggingface dataset:
87. (1) A workplace in an underground mine shall, (a)  be kept free from accumulations or flows of water which might endanger a worker in the area; and (b)  have a water removal and drainage system to remove excess or unwanted water from the mine to the surface through a pumping system or by other means. O. Reg. 167/16, s. 9. (2) The water removal and drainage systems referred to in clause (1) (b) shall be maintained in good condition. O. Reg. 167/16, s. 9. (3) A positive displacement water pump shall be equipped with a relief valve or system. O. Reg. 167/16, s. 9. (4) Any drain hole in an underground mine shall be, (a)  clearly marked by signs that are visible, readable by workers and clearly distinguished from their surroundings; and (b)  identified on any drawings, plans and specifications relating to that area of the mine. O. Reg. 167/16, s. 9. (5) An employer and supervisor shall take all reasonable precautions in the circumstances to do the following: 1.  Prevent an accumulation or flow of water, either of which might endanger a worker. 2.  Guard against an accumulation of water in a chute, raise or waste or ore pass where material in the chute, raise or waste or ore pass may block drainage. 3.  Control an accumulation or flow of water in areas of a mine where an accumulation or flow of water is likely to be present. O. Reg. 167/16, s. 9. (6) Where an accumulation of water is likely to be present, a borehole shall be drilled at least six metres ahead of the working face to protect against a sudden breakthrough of water. O. Reg. 167/16, s. 9. (7) A drill or blast hole that is located in an area of the mine where an accumulation or flow of water is likely to be present shall be identified on any drawings, plans and specifications relating to that area of the mine. O. Reg. 167/16, s. 9. (8) A drill or blast hole that could allow water to enter a chute, raise or waste or ore pass shall be filled or plugged to prevent water from entering the chute, raise or waste or ore pass. O. Reg. 167/16, s. 9. (9) If, despite the requirements in subsections (1), (5), (6), and (8), an accumulation or flow of water that may endanger a worker occurs in an area of an underground mine, (a)  the employer shall ensure that the supervisor for that area is informed of the accumulation or flow of water; (b)  the employer shall ensure that all workers in that area are notified of the accumulation or flow of water; (c)  the employer shall ensure that the area is adequately barricaded to prevent access; and (d)  the employer and the supervisor shall not permit any worker to enter that area unless the purpose of the work directly relates to the management and removal of the water and all reasonable precautions in the circumstances have been taken for the protection of such workers. O. Reg. 167/16, s. 9.
87.1 (1) An owner of an underground mine shall, in consultation with the joint health and safety committee or health and safety representative, if any, develop and maintain a written water management program. O. Reg. 167/16, s. 9. (2) The program shall include measures and procedures to, (a)  identify areas of the mine where water is likely to accumulate; (b)  control the volume of water that may enter the mine, either naturally or as a result of the mining process; (c)  prevent unwanted or uncontrolled flows of water in all areas of the mine; (d)  effectively and safely manage and remove water that poses a risk of injury to a worker; and (e)  maintain water removal and drainage systems and all of the components of such systems. O. Reg. 167/16, s. 9. (3) A copy of the program shall be provided to the joint health and safety committee or health and safety representative, if any, and shall be kept readily available at the mine site. O. Reg. 167/16, s. 9. (4) Subject to subsection (5), the program shall be reviewed at least annually. O. Reg. 167/16, s. 9. (5) The program shall be reviewed as soon as possible following any significant alteration to the water removal or drainage system and if such a review is required, the next annual review required by subsection (4) shall be within one year of the date of the review under this subsection. O. Reg. 167/16, s. 9. (6) For greater certainty, an employer’s duty to provide information and instruction to a worker under clause 25 (2) (a) of the Act includes the duty to provide the worker with information and instruction that is appropriate for the worker on the contents of the water management program. O. Reg. 69/23, s. 15.
88. (1) Where earth, clay, sand or gravel is being removed from a surface mine by means of powered equipment, (a)  the working face shall be sloped at the angle of repose; or (b)  the vertical height of the working face shall not be more than 1.5 metres above the maximum reach of the equipment.  R.R.O. 1990, Reg. 854, s. 88 (1). (2) Where earth, clay, sand or gravel is being removed from a surface mine by means other than powered equipment, (a)  the working face shall be sloped at its angle of repose; or (b)  the vertical height of the working face shall not be more than three metres.  R.R.O. 1990, Reg. 854, s. 88 (2). (3) No undercutting of the working face shall be permitted or done.  R.R.O. 1990, Reg. 854, s. 88 (3). (4) Except when mining operations are being actively pursued, benches and walls shall be sloped to less than the angle of repose.  R.R.O. 1990, Reg. 854, s. 88 (4).
89.  (1) Where metallic or non-metallic rock is being removed from a surface mine, (a)  the vertical height of the working face shall not be more than twenty-five metres; and (b)  except where a tunnelling method is used to remove the rock, no undercutting of the working face shall be permitted or done. R.R.O. 1990, Reg. 854, s. 89. (2) Clause (1) (a) does not apply if an engineer certifies in writing that no worker would be endangered if the vertical height of the working face is more than twenty-five metres. O. Reg. 187/19, s. 10; O. Reg. 373/22, s. 6.
90. Every surface mine, (a)  that is dangerous because of its condition or depth shall be securely fenced or otherwise guarded against inadvertent access; and (b)  shall have a safe travelway leading from the working level to the surface.  R.R.O. 1990, Reg. 854, s. 90.
91. (1) Trees and other vegetation and unconsolidated materials such as earth, clay, sand or gravel and rocks within two metres of the rim of a surface mine and likely to endanger any person shall be removed.  R.R.O. 1990, Reg. 854, s. 91 (1). (2) Overburden beyond two metres of the rim of a surface mine shall be sloped to an angle less than its natural angle of repose.  R.R.O. 1990, Reg. 854, s. 91 (2).
92. (1) Subject to subsection (2), (a)  where earth, clay, sand or gravel is being removed from a surface mine no mining operations shall be carried on within a distance from the property boundary of half the total depth of the surface mine and earth, clay, sand or gravel that sloughs from within this distance shall not be removed; and (b)  where metallic or non-metallic rock is being removed from a surface mine, no mining operations shall be carried on within a distance of six metres from the property boundary.  R.R.O. 1990, Reg. 854, s. 92 (1). (2) Adjoining owners may, by agreement in writing, waive the provisions of subsection (1).  R.R.O. 1990, Reg. 854, s. 92 (2).
93. (1) In a surface mine where metallic or non-metallic rock is being removed, no work shall be carried on, (a)  near a working face following a blast; or (b)  near a face on which mining operations have been discontinued for a period of more than seven days, until a supervisor examines the face for any potential or actual hazard to the health or safety of a worker.  R.R.O. 1990, Reg. 854, s. 93 (1). (2) When a surface mine is worked in benches, loose rock on berms or benches shall not be permitted to accumulate so that a worker on a lower bench is endangered.  R.R.O. 1990, Reg. 854, s. 93 (2).
94. A worker barring loose rock, or scaling or cleaning on a face of a surface mine shall use and wear a fall-arrest system.  R.R.O. 1990, Reg. 854, s. 94.
95. (1) An employer shall provide personal protective equipment, shield, appliance or other device where a worker is exposed to the hazard of being burned by molten materials.  R.R.O. 1990, Reg. 854, s. 95 (1). (2) An employer shall require a worker to use or wear personal protective equipment, shield, appliance or other device provided by the employer where the worker is exposed to the hazard of being burned by molten material.  R.R.O. 1990, Reg. 854, s. 95 (2).
96. (1) Precautions shall be taken to prevent contact between molten material and damp surfaces, rusty surfaces, cold surfaces, moisture, water, or other substance where such contact may cause an explosion, and where such explosion may endanger a worker.  R.R.O. 1990, Reg. 854, s. 96 (1). (2) Precautions shall be taken to prevent spillage of molten material from a ladle, slag pot or similar vessel where such spillage may endanger a worker.  R.R.O. 1990, Reg. 854, s. 96 (2). (3) A ladle, slag pot or similar vessel shall be examined immediately before use and, if found to be defective or contaminated by a substance which may cause an explosion, shall not be used for molten material.  R.R.O. 1990, Reg. 854, s. 96 (3).
97. (1) Where a worker is required to go above the casting floor level of an operating blast furnace, the worker shall notify a supervisor.  R.R.O. 1990, Reg. 854, s. 97 (1). (2) When a worker is above the casting floor level of an operating blast furnace, a second competent worker shall, (a)  be in attendance to render assistance to the worker; and (b)  remain in a safe place until such assistance is required.  R.R.O. 1990, Reg. 854, s. 97 (2).
98. A suitable working platform shall be provided on the bustle pipe of a blast furnace.  R.R.O. 1990, Reg. 854, s. 98.
99. A system of communication shall be provided and maintained between all dangerous workplaces of a blast furnace, including the blast furnace top structure and, (a)  the cast house; (b)  the skip operator’s room; and (c)  every other place where workers are continuously on duty.  R.R.O. 1990, Reg. 854, s. 99.
100. A ladderway or stairway shall be provided from the foundation to the top of a blast furnace.  R.R.O. 1990, Reg. 854, s. 100.
101. When a blast furnace is hanging, no worker or other person shall be, or be permitted to be, above the level of the casting floor.  R.R.O. 1990, Reg. 854, s. 101.
102. Where a major repair is to be carried out at the top structure of a blast furnace that requires the blast furnace to be shut down, (a)  the blast furnace area shall be cleared of workers other than those carrying out the repair; and (b)  the major repair area shall be tested for gases likely to endanger the health and safety of a worker before the repair is commenced and during the carrying out of the repair.  R.R.O. 1990, Reg. 854, s. 102. PART V   HAULAGE
103. (1) When in use, a motor vehicle running on rails, other than a standard gauge railroad, shall, (a)  be in safe working condition; (b)  have brakes that will stop and hold the vehicle or cars under full load condition; (c)  have headlights; (d)  have an audible warning system that shall be sounded, (i)  where a worker may be endangered by the movement of the vehicle and cars, if any, or (ii)  whenever the vehicle and cars, if any, are about to move underground or in an enclosed building; (e)  be provided, where possible, with a fixed seat for the operator; (f)  have a guard that will provide protection for the operator from collision or other impact; (g)  when manually operated, be operated only when the operator is in the proper position at the controls; (h)  when operated by remote control or by an automated system, be so arranged that in the event of failure of part of the control or system, the vehicle and cars, if any, will be brought to a stop immediately; (i)  when left unattended, have, (i)  the control placed in the parking position, and (ii)  the brake fully applied; and (j)  when electrically powered by storage battery or from a trolley wire, have control levers so arranged that they cannot be moved accidentally or removed when the power is on.  R.R.O. 1990, Reg. 854, s. 103 (1); O. Reg. 34/14, s. 4. (2) Except for clauses (1) (a) and (g), this section does not apply to a motor vehicle propelled by compressed air.  R.R.O. 1990, Reg. 854, s. 103 (2).
103.1 (1) Rail tracks in use shall be in good working condition. O. Reg. 69/23, s. 16. (2) A rail track switch in which a person’s foot may become trapped shall have guards at the frog and switch point to effectively protect against the hazard. O. Reg. 69/23, s. 16.
103.2 (1) This section applies if multiple motor vehicles running on rails operate on the same track in an underground mine. O. Reg. 69/23, s. 16. (2) An employer shall develop and maintain written procedures for the safe operation of the motor vehicles to protect the health and safety of workers. O. Reg. 69/23, s. 16. (3) Rail track switches shall be installed and equipped with visual indicators showing the position of the switch. O. Reg. 69/23, s. 16. (4) Visual indicators required under subsection (3) shall be situated at locations and distances such that they are visible to operators and allow the motor vehicles on rails to be stopped safely if needed. O. Reg. 69/23, s. 16.
104. Except when used in areas where natural or artificial lighting provides good visibility, a train shall have a tail light on the last car.  R.R.O. 1990, Reg. 854, s. 104.
105.1 (1) An employer at a mine shall, in consultation with the joint health and safety committee or health and safety representative, if any, develop and maintain a written traffic management program. O. Reg. 167/16, s. 10. (2) The program shall include measures and procedures to, (a)  prevent collisions, of motor vehicles, that may endanger the health and safety of workers by addressing hazards relating to reduced or impeded visibility of motor vehicle operators; and (b)  protect the health and safety of workers and pedestrians who may be endangered by the movement of a motor vehicle. O. Reg. 167/16, s. 10. (3) A copy of the program shall be provided to the joint health and safety committee or health and safety representative, if any, and shall be kept readily available at the mine site. O. Reg. 167/16, s. 10. (4) The program shall be reviewed at least annually. O. Reg. 167/16, s. 10. (5) For greater certainty, an employer’s duty to provide information and instruction to a worker under clause 25 (2) (a) of the Act includes the duty to provide the worker with information and instruction that is appropriate for the worker on the contents of the traffic management program. O. Reg. 69/23, s. 17.
106. (1) Where a motor vehicle is operated on a grade or ramp, traffic control procedures shall be established including provision for the control of emergency situations.  R.R.O. 1990, Reg. 854, s. 106 (1). (2) Where a motor vehicle is disabled or parked in the travelled portion of a roadway, a warning to approaching traffic shall be provided by, (a)  flashing lights; (b)  flares; (c)  reflectors; (d)  lamps; or (e)  a worker suitably equipped to be readily seen, who directs traffic approaching the area.  R.R.O. 1990, Reg. 854, s. 106 (2). (3) In the operation of a motor vehicle in an underground mine, (a)  the maximum load to be carried; (b)  the maximum speed; and (c)  the gear selection to be used, on a grade or ramp shall be established and made known to the operator by the supervisor in charge of the mine.  R.R.O. 1990, Reg. 854, s. 106 (3). (4) Before ascending or descending a main access ramp in an underground mine, the operator of a motor vehicle shall, (a)  fully engage the forward-reverse lever; (b)  select the proper gear; and (c)  test the service and emergency brakes.  R.R.O. 1990, Reg. 854, s. 106 (4).
107. (1) A motor vehicle in a mine shall be equipped with wheel chocks that comply with Society of Automotive Engineers Standard SAE J348 JUN90 “Wheel Chocks”.  O. Reg. 31/04, s. 5. (2) The wheel chocks shall be used to block movement whenever the vehicle, (a)  is left unattended on a slope; or (b)  is being maintained or repaired.  O. Reg. 31/04, s. 5. (3) Despite subsections (1) and (2), an alternative means of blocking the movement of a motor vehicle in the circumstances described in subsection (2) may be used if the alternative means is developed by the employer in consultation with the joint health and safety committee or the health and safety representative, if any, for the workplace.  O. Reg. 31/04, s. 5. (4), (5) Revoked:  O. Reg. 296/11, s. 8.
107.1 (1) An employer shall establish written procedures for work performed on tire and wheel assemblies.  O. Reg. 296/11, s. 9. (2) The procedures shall address the hazards associated with the work in a manner that protects the health and safety of workers.  O. Reg. 296/11, s. 9. (3) Where possible, the procedures shall require the use of devices to protect the health and safety of workers.  O. Reg. 296/11, s. 9. (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.  O. Reg. 296/11, s. 9.
108. (1) When the controls are left unattended, (a)  the bucket of a front-end loader, backhoe or other excavating machine; (b)  the blade of a bulldozer; or (c)  the load of a fork-lift truck, mobile crane or other hoisting machine, shall be in the lowered position or adequately supported.  R.R.O. 1990, Reg. 854, s. 108 (1); O. Reg. 61/18, s. 5. (2) Any part of a motor vehicle or other equipment, including the blade or bucket or dump box of a truck, the lowering of which may endanger a worker, shall be blocked so as to prevent its lowering accidentally.  R.R.O. 1990, Reg. 854, s. 108 (2). (3) A crane or other hoisting machine shall be operated in such a way that no part of its load will pass over a person, other than a worker receiving the load and a worker receiving a load shall, so far as is practicable, position himself or herself so that the load does not pass over him or her.  R.R.O. 1990, Reg. 854, s. 108 (3). (4) A shovel, backhoe or similar excavating machine shall be operated in such a way that no part of its load will pass over a person.  R.R.O. 1990, Reg. 854, s. 108 (4). (5) An operator who may be endangered during the loading of a vehicle shall vacate the vehicle.  R.R.O. 1990, Reg. 854, s. 108 (5).
109. Revoked: O. Reg. 69/23, s. 18.
110. (1) Vehicles being used for transporting workers shall, (a)  be provided with suitable seats or other facilities; (b)  be limited to a maximum number of passengers, which number shall be posted in or on the vehicle; and (c)  when enclosed, be equipped with an emergency exit.  R.R.O. 1990, Reg. 854, s. 110 (1). (2) Whenever the face of an inclined tunnel in a mine exceeds a vertical depth of 100 metres without intermediate access to the tunnel from a shaft with hoisting facilities for people, a vehicle shall be provided to transport workers down and up the tunnel.  R.R.O. 1990, Reg. 854, s. 110 (2). (3) Except for training purposes, only those workers authorized and required to handle the load shall ride on a vehicle that is transporting, (a)  explosives; (b)  steel or timber; or (c)  heavy equipment.  R.R.O. 1990, Reg. 854, s. 110 (3). (4) The load on a vehicle shall be adequately secured.  R.R.O. 1990, Reg. 854, s. 110 (4). (5) A worker may carry personal hand tools or equipment on a vehicle when, (a)  the vehicle is not crowded; (b)  the tools and equipment are properly protected by guards; or (c)  the tools or equipment are isolated in separate containers.  R.R.O. 1990, Reg. 854, s. 110 (5). (6) The maximum speed and the maximum load of a vehicle transporting workers or a service vehicle shall be posted on the vehicle in a conspicuous location.  R.R.O. 1990, Reg. 854, s. 110 (6).
111. (1) Subject to subsections (2) and (3), a haulageway for a motor vehicle running on rails in an underground mine shall have, (a)  a walkway on one side so that there is at least 0.6 metres clearance between the sides of the haulageway and the motor vehicle running on rails or the train; or (b)  safety stations as prescribed in section 114 at intervals not exceeding thirty metres.  R.R.O. 1990, Reg. 854, s. 111 (1). (2) Despite subsection (1), a haulageway that is used by a motor vehicle running on rails that travels more than 12 kilometres per hour shall have a walkway on one side of at least 1.2 metres between the side of the haulageway and the motor vehicle and pedestrian traffic shall be restricted to designated periods during which no motor vehicle running on rails shall be used in the haulageway.  R.R.O. 1990, Reg. 854, s. 111 (2). (3) Where pedestrian traffic is permitted in a haulageway to which subsection (2) applies and the walkway is less than two metres in width, safety stations, as prescribed in section 114, shall be provided at intervals not exceeding thirty metres.  R.R.O. 1990, Reg. 854, s. 111 (3). (4) Subsection (1) does not apply to any haulageway that was driven prior to the 1st day of October, 1979 if the haulageway complies with section 245 of The Mining Act, being chapter 274 of the Revised Statutes of Ontario, 1970, as it read on the 30th day of September, 1979.  R.R.O. 1990, Reg. 854, s. 111 (4).
112. A haulageway used by motor vehicles, other than motor vehicles running on rails, shall, (a)  except where pedestrian traffic is effectively prevented, be at least 1.5 metres wider than the maximum width of a motor vehicle using the haulageway; and (b)  where it is regularly used by pedestrians and it is less than two metres wider than the maximum width of a motor vehicle using the haulageway, have safety stations as prescribed in section 114 at intervals not exceeding thirty metres.  R.R.O. 1990, Reg. 854, s. 112.
113. Except in an underground mine with a low clearance roof in which equipment designed to be operated herein is used, a haulageway used by a motor vehicle shall have sufficient clearance below the roof, support or overhead installations to enable the operator of a motor vehicle to sit erect at all times.  R.R.O. 1990, Reg. 854, s. 113.
114. (1) A safety station shall consist of a recess in the wall of a haulageway that shall be, (a)  at least, (i)  0.6 metre in depth, in addition to any existing clearance between the vehicle and the wall, (ii)  two metres in height, and (iii)  1.5 metres in length; (b)  plainly marked; and (c)  clean and free of obstruction.  R.R.O. 1990, Reg. 854, s. 114 (1). (2) Clause (1) (a) does not apply to a safety station in a haulageway that was driven before the 1st day of October, 1979, if the safety station complies with section 245 of The Mining Act, being chapter 274 of the Revised Statutes of Ontario, 1970, as it read on the 30th day of September, 1979.  R.R.O. 1990, Reg. 854, s. 114 (2).
115. (1) Subject to subsection (2), where the view of rail traffic at railway tracks on surface is obstructed in one or both directions, guardrails shall be placed at the approach to the tracks.  R.R.O. 1990, Reg. 854, s. 115 (1). (2) Subsection (1) does not apply where, (a)  restricted clearance makes guardrails impracticable; and (b)  a warning signal which automatically functions at the approach of a locomotive or train gives a warning signal that is both audible and visible; or (c)  a worker is guarding the approach.  R.R.O. 1990, Reg. 854, s. 115 (2).
116. (1) Haulage roads on surface shall be designed, constructed and maintained to, (a)  minimize hazards from the slipping or skidding of vehicles; (b)  enable vehicles to pass each other safely; and (c)  avoid steep grades wherever practical.  R.R.O. 1990, Reg. 854, s. 116 (1). (2) The open side of a ramp haulage road in a surface mine shall be provided with a suitable protective barrier.  R.R.O. 1990, Reg. 854, s. 116 (2). (3) Every haulage road on surface shall be kept in good repair.  R.R.O. 1990, Reg. 854, s. 116 (3); O. Reg. 693/92, s. 1.
117. (1) Where, on surface at a mine or mining plant, the clearance between the sides of a train or motor vehicle and the wall of a building or other structure is less than 500 millimetres, the location shall be plainly marked showing the danger.  R.R.O. 1990, Reg. 854, s. 117 (1). (2) Where the operator may be exposed to overhead hazards on surface at a mine or mining plant, a cab, screen or other adequate overhead protection shall be provided on, (a)  a power-driven crane, shovel or similar machine; (b)  a fork-lift truck; and (c)  a front-end loader or other excavating machine.  R.R.O. 1990, Reg. 854, s. 117 (2).
118. (1) When material is dumped from a vehicle that is occupied by a person, the dump point shall include features designed to prevent the vehicle from going over a bank, over a bench or into a raise or other open hole.  O. Reg. 291/02, s. 4. (2) In an underground mine, the features referred to in subsection (1) shall not include the use of a ridge of material.  O. Reg. 291/02, s. 4.
119. (1) In this section and in sections 119.1 and 119.2, “emergency brake system” means a secondary brake system that is used for stopping a motor vehicle in the event of any single failure in the service brake system.  O. Reg. 84/07, s. 6. (2) The brake system on a motor vehicle that is operated on a grade, slope or ramp shall be able to perform the individual system function requirements of, (a)  a service brake system; (b)  an emergency brake system; and (c)  a parking brake system.  O. Reg. 84/07, s. 6. (3) The capacity of retarders shall not be considered in determining the capacity of the brake systems described in clauses (2) (a), (b) and (c).  O. Reg. 84/07, s. 6. (4) Any combination of the system function requirements described in clauses (2) (a), (b) and (c) may be performed by a single brake system.  O. Reg. 84/07, s. 6. (5) Each brake system shall be capable of being, (a)  tested independently; and (b)  readily applied by a worker seated in the driver’s seat.  O. Reg. 84/07, s. 6. (6) A service brake system may consist of a hydraulic pump motor drive system.  O. Reg. 84/07, s. 6. (7) The service brake system and the emergency brake system shall be capable of safely stopping the motor vehicle while it is being operated, (a)  on the maximum grade, slope or ramp in its area of operation; (b)  at its maximum authorized speed; and (c)  with its maximum authorized load.  O. Reg. 84/07, s. 6. (8) The parking brake system shall be capable of holding the motor vehicle stationary, with its maximum authorized load, on the maximum grade, slope or ramp in its area of operation.  O. Reg. 84/07, s. 6. (9) The emergency brake system shall be set up so that, whether the brake is applied automatically or manually, a deliberate act is required to release it.  O. Reg. 84/07, s. 6. (10) Before a motor vehicle is first put into service, the following systems shall be tested by a competent person for proper operation: 1.  Service brake. 2.  Emergency brake. 3.  Parking brake. 4.  Steering. 5.  Warning devices. 6.  Lighting.  O. Reg. 84/07, s. 6. (11) A record of the tests described in subsection (10), (a)  shall be signed by the competent person who performed the tests; (b)  shall be kept as long as the motor vehicle is in service; and (c)  shall be made available to the joint health and safety committee or the health and safety representative, if any.  O. Reg. 84/07, s. 6.
119.2 (1) This section applies with respect to motor vehicles, other than vehicles operating on rails, that are, (a)  first put into service by the employer on or after August 16, 1997; and (b)  equipped with a stored energy brake system that uses a pneumatic system or a full hydraulic system to apply the service brakes.  O. Reg. 84/07, s. 6. (2) For the purposes of this section, the critical level of pressure is the level of pressure in a motor vehicle’s stored energy brake system, torque converter or transmission below which the manufacturer has determined that the vehicle is unsafe to operate.  O. Reg. 84/07, s. 6. (3) A motor vehicle that is operated on the surface must be equipped with a device that warns the operator that the vehicle’s stored energy brake system is approaching the critical level of pressure, so that the vehicle can be safely stopped.  O. Reg. 84/07, s. 6. (4) A motor vehicle that is operated underground must be equipped with, (a)  a device that automatically applies the emergency brake system and stops the vehicle before the vehicle’s stored energy brake system, torque converter or transmission pressure reaches the critical level of pressure; and (b)  a device that warns the operator that the emergency brake system is about to be applied.  O. Reg. 84/07, s. 6.
120. (1) A service garage, service bay or fuelling station in an underground mine shall, (a)  be designed and protected to prevent inadvertent entry of an uncontrolled motor vehicle; (b)  be located so that in the event of a fire or explosion in the garage, bay or station there will be a minimum effect on working areas of the mine or on underground installations including shafts, magazines, refuge stations, transformer installations and other installations; (c)  have a concrete floor without service pits in the floor; and (d)  be equipped with a system to contain spills of oil and grease.  O. Reg. 31/04, s. 6. (2) A service garage or service bay shall be of sufficient size to, (a)  accommodate the longest and widest vehicle that will use the garage or bay; and (b)  provide clearance around the vehicles being serviced to permit the safe performance of all work in the garage or bay.  O. Reg. 31/04, s. 6. (2.1) A vehicle shall be serviced where practicable at a service garage or a service bay.  O. Reg. 31/04, s. 6. (2.2) Only one vehicle may be serviced at a service bay at any one time.  O. Reg. 31/04, s. 6. (3) A fuelling station shall be established before a heading has advanced 250 metres from the ramp or shaft unless vehicles can be fuelled at another fuelling station.  R.R.O. 1990, Reg. 854, s. 120 (3). (4) A fuelling station shall be separate from a service garage.  R.R.O. 1990, Reg. 854, s. 120 (4). (5) A vehicle shall be fuelled where practicable at a fuelling station.  R.R.O. 1990, Reg. 854, s. 120 (5). (6) Where a mobile fuelling supply tank is used the tank shall be clearly labelled with “No Smoking” signs.  R.R.O. 1990, Reg. 854, s. 120 (6). (7) Any spillage of oil or fuel shall be taken up at once, deposited in a fireproof receptacle and removed from the mine without undue delay.  R.R.O. 1990, Reg. 854, s. 120 (7). (8) All fuel handling, transfer, storage and dispensing systems in an underground mine shall be designed according to good engineering standards and subjected to a fire safety hazard review before first use.  O. Reg. 291/02, s. 5. (9) The employer, in consultation with the joint health and safety committee or the health and safety representative, if any, shall develop appropriate safeguards and procedures for the safe handling, transfer, storage and dispensing of fuel in an underground mine.  O. Reg. 291/02, s. 5. PART VI 
EXPLOSIVES
121. An owner of an underground mine shall ensure that, (a)  no explosive is used in an underground mine unless it has been determined by the Explosives Regulatory Division of the Department of Natural Resources of the Government of Canada to be suitable for use in that environment; and (b)  written procedures are developed and maintained to protect workers from exposure to blasting contaminants that may endanger their health and safety. O. Reg. 69/23, s. 20.
122. (1) Explosives stored or kept at a mine or mining plant shall be used only for authorized purposes and if not so used, returned to the supplier of the explosives.  O. Reg. 236/99, s. 4. (2) Smoking shall not be permitted and no fire or naked flame shall be taken, (a)  within a magazine; or (b)  within eight metres of any explosive.  R.R.O. 1990, Reg. 854, s. 122 (2). (3) Any careless act of placing or handling explosive shall be, (a)  reported forthwith to a supervisor in charge of the workplace; (b)  investigated by the supervisor; and (c)  reported forthwith by the supervisor to an inspector.  R.R.O. 1990, Reg. 854, s. 122 (3). (4) No explosive shall be used to blast or break up ore, salamander or other material where, by reason of its heated condition, there is any danger or risk of premature explosion of the charge.  R.R.O. 1990, Reg. 854, s. 122 (4). (5) When operations at a mine are discontinued or suspended for more than three months, all explosives shall be disposed of in a safe manner.  O. Reg. 272/97, s. 19.
123. (1) Explosives kept or stored on the surface must be kept or stored in compliance with the Explosives Act (Canada) and the regulations made under that Act. O. Reg. 69/23, s. 21. (2) If a magazine is required, it must be, (a)  constructed in conformity with the requirements in National Standard of Canada CAN/BNQ 2910-500/2015 “Explosives — Magazines for Industrial Explosives”, as it may be amended from time to time; (b)  located in conformity with the requirements of National Standard of Canada CAN/BNQ 2910-510/2015 “Explosives — Quantity Distances”, as it may be amended from time to time; and (c)  protected by a fire break. O. Reg. 69/23, s. 21. (3) An operator of a surface magazine or a mine using explosives shall give written notice to an inspector and the joint health and safety committee or health and safety representative, if any, (a)  before a magazine is or explosives are first used; and (b)  annually after the magazine is or explosives are first used. O. Reg. 69/23, s. 21. (4) The notice must be posted in the magazine and contain the following information: 1.  The address of the operator. 2.  The specific location of any surface magazine or a statement that the explosives are delivered directly to the underground workings. 3.  The identification number provided by the Ministry. 4.  The nature and quantity of explosives to be stored or delivered. O. Reg. 69/23, s. 21.
124. (1) An employer at an underground mine shall, in consultation with the joint health and safety committee or health and safety representative, if any, develop and maintain written procedures for the mine that set out, (a)  how the security of explosives will be addressed, including during transport, delivery, storage and use; (b)  how access to explosives will be controlled; and (c)  how the inventory of explosives will be controlled, including procedures in respect of, (i)  the return of unused explosives, and (ii)  the temporary storage of explosives.  O. Reg. 69/23, s. 22. (2) A copy of the written procedures shall be provided to the joint health and safety committee or health and safety representative, if any, and shall be kept readily available at the mine site. O. Reg. 69/23, s. 22. (3) For greater certainty, an employer’s duty to provide information and instruction to a worker under clause 25 (2) (a) of the Act includes the duty to provide the worker with information and instruction that is appropriate for the worker on the contents of the written procedures developed and maintained under subsection (1) of this section. O. Reg. 69/23, s. 22.
125. (1) Subject to subsections (2), (3) and (4), explosives in an underground mine shall be kept or stored in a magazine. O. Reg. 69/23, s. 23. (2) If less than 160 kilograms of explosives are kept or stored in the underground mine, they may be kept or stored in suitable storage containers at locations removed from drilling and blasting operations. O. Reg. 69/23, s. 23. (3) If long hole blasts or similar blasting operations are being carried on in the underground mine, the quantity of explosives that can be loaded in a 24-hour period and the quantity of explosives necessary to maintain that supply may be kept or stored in suitable storage areas. O. Reg. 69/23, s. 23. (4) Explosives may be kept or stored outside of a magazine on a temporary basis before being used or transferred to a magazine if, (a)  the procedures described in subsection 124 (1) are followed; and (b)  any unused explosives are transferred or returned to a magazine as soon as practicable. O. Reg. 69/23, s. 23. (5) The employer shall ensure that suitable plans and specifications showing the following are prepared, kept up to date and kept readily available at the mine site: 1.  The design and location of magazines and of explosive storage areas other than magazines, including temporary storage areas. 2.  The maximum storage capacity of each magazine and of each other storage area, including temporary storage areas. O. Reg. 69/23, s. 23.
126. (1) A magazine, storage container or explosive storage area referred to in section 125 that is in an underground mine shall be, (a)  located at least 60 metres from, (i)  the main access into or from a mine, (ii)  key mechanical and electrical installations that remain in service during a mine emergency, (iii)  areas of refuge or other areas where workers may congregate, and (iv)  storage areas for fuels or other potential sources of fire; (b)  located and designed to protect explosives from vehicle impact or vehicle fires; and (c)  conspicuously marked by a “DANGER EXPLOSIVES” sign.  O. Reg. 272/97, s. 22; O. Reg. 84/07, s. 9. (2) Subclause (1) (a) (i) does not apply during the initial stages of exploration and development of a mine.  O. Reg. 272/97, s. 22.
127. (1) A magazine in an underground mine shall be under the control and direction of a competent person.  O. Reg. 272/97, s. 23. (2) A weekly inspection of a magazine in an underground mine shall be carried out by a competent person who shall report in writing to a supervisor, (a)  as to the condition of the magazine and the explosives; and (b)  as to the quantities of explosives stored therein.  R.R.O. 1990, Reg. 854, s. 127 (2). (3) Reports required by subsection (2) shall be kept for a period of at least six months.  R.R.O. 1990, Reg. 854, s. 127 (3).
128. (1) Every magazine and every storage container shall be kept clean, dry and free from grit at all times.  R.R.O. 1990, Reg. 854, s. 128 (1). (2) The floors and shelves of a magazine where nitroglycerine explosives are kept shall be treated with a neutralizing agent to remove any traces of nitroglycerine.  R.R.O. 1990, Reg. 854, s. 128 (2). (3) When explosive is issued or removed from a magazine, the explosive longest in the magazine, if not defective, shall be used first.  R.R.O. 1990, Reg. 854, s. 128 (3). (4) Explosive that is damaged shall be disposed of in accordance with the following rules: 1.  The employer shall establish, in consultation with the joint health and safety committee or the health and safety representative, if any, a procedure for safely disposing of damaged explosive. 2.  The procedure shall state, i.  what maximum accumulation of damaged explosive is permitted in a magazine or storage place before the damaged explosive must be disposed of, ii.  what means of disposal shall be used, and iii.  how frequently damaged explosive shall be disposed of, in addition to disposal under subparagraph i.  O. Reg. 31/04, s. 7. (5) Explosive that is unattended shall not be left in or about any working place but shall be returned to storage.  O. Reg. 31/04, s. 7. (6) Detonators and capped fuse shall be stored in a separate, suitable, closed storage container located at least eight metres from any other explosive.  R.R.O. 1990, Reg. 854, s. 128 (6). (7) Explosive shall not be heated above the ambient temperature of its storage place.  R.R.O. 1990, Reg. 854, s. 128 (7).
129. (1) All electrical equipment and wiring installed or used in a magazine or in an explosives storage area that is not a magazine, (a)  shall comply with, (i)  the requirements of the Ontario Electrical Safety Code with respect to Zone 22 hazardous locations, and (ii)  the requirements of National Standard of Canada CAN/BNQ 2910-500/2015 “Explosives — Magazines for Industrial Explosives”, as it may be amended from time to time; and (b)  shall be protected against lightning strikes and electrical surges. O. Reg. 84/07, s. 10; O. Reg. 69/23, s. 24 (1, 2). (2) The reference to the Ontario Electrical Safety Code in subclause (1) (a) (i) is to the 28th edition (2021), published by the Electrical Safety Authority. O. Reg. 84/07, s. 10; O. Reg. 69/23, s. 24 (3).
130. Revoked:  O. Reg. 272/97, s. 24.
131. A motor vehicle when transporting explosives on the surface at a mine or plant shall, (a)  be kept in sound mechanical condition; (b)  be conspicuously marked by red signals or flags easily visible from front, rear and both sides; (c)  have all metal parts that could come in contact with containers of explosives covered with wood, tarpaulin or similar non-sparking material; (d)  not be used to transport other goods or materials at the same time as explosives are being transported; (e)  be equipped with a type BC fire extinguisher; (f)  not be loaded in excess of its rated carrying capacity; (g)  have explosives secured or fastened so as to prevent any part of the load from becoming dislodged; (h)  transport detonators with other explosives only if the detonators are, (i)  in a suitable container in a separated compartment, and (ii)  5,000 or less in number; (i)  be attended at all times; and (j)  carry only those persons necessary for handling explosives.  R.R.O. 1990, Reg. 854, s. 131.
132. (1) Except as provided for in subsection (2), explosives transported at a mine shall, (a)  be in suitable closed containers; (b)  have detonators, blasting caps and capped fuses kept separate from other explosives.  R.R.O. 1990, Reg. 854, s. 132 (1). (2) Capped fuses may be transported with other explosives without placing them in a container if they are kept separate from other explosives.  R.R.O. 1990, Reg. 854, s. 132 (2). (3) Primers shall be made up, (a)  as near to their point of use as is practicable; and (b)  only in sufficient numbers for the immediate work in hand.  R.R.O. 1990, Reg. 854, s. 132 (3). (4) Made-up primers shall be transported, (a)  in separate, suitable, closed containers conspicuously marked with the words “DANGER
— EXPLOSIVES”; and (b)  in a separate vehicle or conveyance from other explosives.  R.R.O. 1990, Reg. 854, s. 132 (4).
133. (1) When transporting explosives in a shaft conveyance the worker in charge of the operation shall give or cause to be given notice of the operation to the deck attendant and hoist operator.  R.R.O. 1990, Reg. 854, s. 133 (1). (2) No worker shall, (a)  place in; (b)  have while in; or (c)  take out of, a shaft conveyance any explosive except under the immediate supervision of a worker authorized for the purpose by a supervisor.  R.R.O. 1990, Reg. 854, s. 133 (2). (3) No other material shall be transported with explosives in a shaft conveyance.  R.R.O. 1990, Reg. 854, s. 133 (3).
134. (1) Explosives shall be removed without delay from, (a)  near the shaft collar; (b)  other entrances to the underground workings; and (c)  a shaft station.  R.R.O. 1990, Reg. 854, s. 134 (1). (2) Explosives underground shall be transported from a magazine to other magazines or place of use, (a)  without delay; and (b)  by the most direct and safe route.  R.R.O. 1990, Reg. 854, s. 134 (2).
135. (1) Where explosives are transported underground by means of a motor vehicle or a train, (a)  the speed of the vehicle or train shall not exceed ten kilometres per hour; (b)  specific arrangements for the right of way of the vehicle or train shall be made before the vehicle or train is put in motion; (c)  the explosives shall be in suitable containers; (d)  the requirements prescribed by section 131, except clauses (b) and (c), apply with necessary modifications; and (e)  the motor vehicle or train shall display and operate a flashing red light whenever explosives are being transported.  R.R.O. 1990, Reg. 854, s. 135 (1); O. Reg. 84/07, s. 11. (2) Where explosives are transported underground by means of a train, (a)  the motor vehicle running on rails shall be maintained on the forward end of the train unless a worker walks in front of the train to effectively guard it; (b)  a car carrying explosives shall be separated from the motor vehicle by an empty car or spacer of equivalent length; (c)  no explosives shall be carried on the motor vehicle; and (d)  every car carrying explosives shall be protected from contact with a trolley wire.  R.R.O. 1990, Reg. 854, s. 135 (2).
135.0.1 (1) In this section, “bulk explosives vehicle” means a motor vehicle that is used to transport bulk explosives underground.  O. Reg. 84/07, s. 12. (2) A bulk explosives vehicle shall be provided with a fire suppression system that uses sprinklers, foam or some other suitable means of suppressing fire.  O. Reg. 84/07, s. 12. (3) Whenever a bulk explosives vehicle is not in use, it shall be parked in a place designated as a safe parking place by the employer.  O. Reg. 84/07, s. 12. (4) A place may be designated as a safe parking place for the purpose of subsection (3) only if it is located at least 60 metres away from, (a)  the main access into or from a mine; (b)  key mechanical and electrical installations that remain in service during a mine emergency; (c)  areas of refuge or other areas where workers may congregate; and (d)  storage areas for fuel or other potential sources of fire.  O. Reg. 84/07, s. 12. (5) Plans and specifications showing the design and location of the designated safe parking places shall be kept readily available at the mine site.  O. Reg. 84/07, s. 12. (6) Subsections (3), (4) and (5) do not apply during the initial stages of development and exploration in a mine.  O. Reg. 84/07, s. 12. (7) A bulk explosives vehicle shall not be parked in a magazine.  O. Reg. 84/07, s. 12. (8) The employer shall, in consultation with the joint health and safety committee or health and safety representative, if any, develop a procedure for the regular power washing of bulk explosives vehicles.  O. Reg. 84/07, s. 12. (9) Without limiting the generality of subsection (8), the procedure shall specify how often washing is to take place.  O. Reg. 84/07, s. 12. (10) Before a bulk explosives vehicle enters a garage for maintenance, (a)  all explosives, detonators and explosive residue shall be removed from the vehicle; and (b)  the vehicle shall undergo power washing in accordance with the procedure mentioned in subsection (8).  O. Reg. 84/07, s. 12.
135.1 (1) This section applies when detonators are being transported otherwise than by means of a motor vehicle or train.  O. Reg. 31/04, s. 8. (2) Detonators shall be carried in containers that are, (a)  suitable for the purpose; and (b)  clearly marked as containing detonators.  O. Reg. 31/04, s. 8. (3) The employer shall make containers that comply with subsection (2) readily available to workers.  O. Reg. 31/04, s. 8.
137. (1) Subject to subsection (2), any explosive charge that has misfired or cut off, (a)  shall not be withdrawn; and (b)  shall be blasted without undue delay at a safe and suitable time.  R.R.O. 1990, Reg. 854, s. 137 (1). (2) Except for nitroglycerine sensitized explosives, water soluble explosives may be washed out of the hole by means of an approved device.  R.R.O. 1990, Reg. 854, s. 137 (2). (3) A worker who fires any charges shall, where possible, count the number of shots and if a misfire is suspected shall report it to his or her supervisor.  R.R.O. 1990, Reg. 854, s. 137 (3). (4) Where at the end of a shift a misfire is suspected, or if a misfire has been reblasted and it has not been checked, such fact, together with the location of the hole, shall be recorded in the shift log.  R.R.O. 1990, Reg. 854, s. 137 (4). (5) An employer shall establish and maintain a system for reporting to the employer and recording misfired explosives.  O. Reg. 583/91, s. 3. (6) An employer shall use reasonable efforts to determine the cause of a misfiring of an explosive and shall take such preventive action as is reasonable in the circumstances.  O. Reg. 583/91, s. 3.
138. (1) Drill holes shall be of sufficient size to admit the free insertion to the bottom of the hole of a cartridge of explosive or a loading hose.  R.R.O. 1990, Reg. 854, s. 138 (1). (2) Before charging a hole with explosives, the hole shall be cleared of all obstructions.  R.R.O. 1990, Reg. 854, s. 138 (2).