jswizzle3737/ontario_laws_and_regs huggingface dataset:
1.1 Every non-destructive test required by this Regulation shall be carried out and interpreted by a person, (a)  who has been certified by Natural Resources Canada to the appropriate level in accordance with the version of the CAN/CGSB Standard 48.9712-2014, “Non-destructive Testing — Qualification and Certification of Personnel”, as it may be amended from time to time, that was in effect at the time of certification; and (b)  whose certification described in clause (a) is valid at the time the test is carried out and interpreted. O. Reg. 69/23, s. 2.
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 change listed in subsection (2), the owner of a mine or mining plant shall ensure that, (a)  any drawings, plans or specifications that involve the practice of professional engineering within the meaning of the
Professional Engineers Act are prepared or checked by an engineer and signed, dated and sealed by that engineer before they are issued; and (b)  a written management of change procedure that sets out the information required under subsection (3) has been developed. O. Reg. 69/23, s. 3. (2) For the purposes of subsection (1), the following are the listed changes: 1.  The construction or design of a mine or mining plant. 2.  The construction of a major structure or system at a mine or mining plant. 3.  The introduction or use of a new mining technique, method, technology or process. 4.  The introduction or use of new equipment. 5.  A major addition to, or major alteration of, a matter referred to in paragraphs 1 to 4. O. Reg. 69/23, s. 3. (3) A written management of change procedure required under clause (1) (b) must set out how, (a)  the hazards or potential hazards associated with the changes described in subsection (2) will be evaluated and reviewed to ensure the protection of worker health and safety; (b)  the joint health and safety committee or health and safety representative, if any, will be notified of the proposed changes; and (c)  the changes will be authorized, and how that authorization will be communicated to workers prior to implementation. O. Reg. 69/23, s. 3. (4) The owner of a mine or mining plant shall ensure that any drawings, plans and specifications that are prepared in respect of a change listed in subsection (2), including but not limited to those described in clause (1) (a), are kept readily available at the mine site. O. Reg. 69/23, s. 3. (5) The employer shall notify an inspector, (a)  when portable crushing, screening or associated washing equipment is installed in or about a surface mine; and (b)  before a test drill is operated at the surface to prove mineral bearing substances, rock, earth, clay, sand or gravel. O. Reg. 69/23, s. 3.
5.1 (1) An employer shall conduct a risk assessment of the workplace for the purpose of identifying, assessing and managing hazards, and potential hazards, that may expose a worker to injury or illness. O. Reg. 167/16, s. 3. (2) A risk assessment must take into consideration the nature of the workplace, the type of work, the conditions of work at that workplace and the conditions of work common at similar workplaces. O. Reg. 167/16, s. 3. (3) The results of an assessment must be provided, in writing, to the joint health and safety committee or the health and safety representative, if any. O. Reg. 167/16, s. 3. (4) If no joint health and safety committee or health and safety representative is required at the workplace, the results of an assessment must be communicated to workers at the workplace and provided, in writing, to any worker at the workplace who requests them. O. Reg. 167/16, s. 3. (5) The requirement in subsection (1) to conduct a risk assessment is in addition to any specific assessments required by the Act or any Regulation made under it. O. Reg. 167/16, s. 3.
5.2 (1) An employer shall, in consultation with the joint health and safety committee or the health and safety representative, if any, develop and maintain measures to eliminate, where practicable, or to control, where the elimination is impracticable, the hazards, and potential hazards, identified in a risk assessment conducted under subsection 5.1 (1). O. Reg. 167/16, s. 3. (2) The measures referred to in subsection (1) shall be put in writing and shall include each of the following, as applicable and reasonable in the circumstances: 1.  Substitution or reduction of a material, thing or process. 2.  Engineering controls. 3.  Work practices. 4.  Industrial hygiene practices. 5.  Administrative controls. 6.  Personal protective equipment. O. Reg. 167/16, s. 3. (3) Personal protective equipment shall only be used as a measure if the measures referred to in paragraphs 1 to 5 of subsection (2) are not obtainable, are impracticable or do not eliminate or fully control hazards and potential hazards. O. Reg. 167/16, s. 3.
5.3 (1) The risk assessment required by section 5.1 must be reviewed as often as necessary and at least annually. O. Reg. 167/16, s. 3. (2) When conducting the review, the employer shall ensure that, (a)  new hazards or new potential hazards are assessed; (b)  existing hazards or potential hazards that have changed are re-assessed; and (c)  the measures required by section 5.2 continue to effectively protect the health and safety of workers. O. Reg. 167/16, s. 3. (3) Subsections 5.1 (3) and (4) and section 5.2 apply with necessary modifications in respect of any new hazards and potential hazards and any existing hazards or potential hazards that have changed. O. Reg. 167/16, s. 3.
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 an engineer. O. Reg. 571/92, s. 3; O. Reg. 69/23, s. 4 (1). (2.1) The mine design shall be based upon sound geotechnical engineering practices and shall, (a)  describe the geology and geotechnical aspects 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; O. Reg. 69/23, s. 4 (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 an 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; O. Reg. 373/22, s. 3 (1). (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 an 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; O. Reg. 373/22, s. 3 (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 an 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; O. Reg. 373/22, s. 4.
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 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).  O. Reg. 296/11, s. 1. (2) An employer shall train each worker in the modules of the programs described in subsection (1) appropriate for that worker.  O. Reg. 296/11, s. 1. (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.  O. Reg. 296/11, s. 1. (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.  O. Reg. 296/11, s. 1. (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.  O. Reg. 296/11, s. 1. (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.  O. Reg. 296/11, s. 1. (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.  O. Reg. 296/11, s. 1. (8) Revoked: O. Reg. 187/19, s. 5.
11.1 (1) Employers engaged in underground diamond drilling operations shall establish and maintain the following components of the Underground Diamond Driller training program: 1.  Common Core for Underground Diamond Driller – Helper Level (Program #P770150). 2.  Common Core for Underground Diamond Driller – Runner Level (Program #P770150). O. Reg. 167/16, s. 4. (2) An employer shall train each worker who commences employment after March 31, 1996 in the modules of the program 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 underground diamond drilling operations. O. Reg. 167/16, s. 4. (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 and gives the employer proof of successful completion. O. Reg. 167/16, s. 4. (4) Revoked: O. Reg. 187/19, s. 5.
17. (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.  O. Reg. 296/11, s. 7. (2) An entity specified under subsection (1) shall, (a)  appoint mine rescue officers; and (b)  establish mine rescue crews.  O. Reg. 296/11, s. 7. (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.  O. Reg. 296/11, s. 7. (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.  O. Reg. 296/11, s. 7. (5), (6) Revoked:  O. Reg. 296/11, s. 7. (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.
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.
84. (1) If a worker may be endangered by the withdrawal, collapse, shifting or movement of bulk material such as rock, ore or other material in a stope, pass or chute or in a storage area, the employer shall ensure that written procedures for the precautions to be taken before, during and after removal of the material are established and followed.  O. Reg. 291/02, s. 3. (2) The written procedures required by subsection (1) shall address the following matters: 1.  The conditions under which workers are required to wear a fall arrest system. 2.  The communication of hazards to all persons who may be at risk. 3.  The identification of those locations that are not safe for workers to enter. 4.  The need to post warning signs that indicate the nature of the danger or hazard and the need to erect barriers to prevent inadvertent access to the area. 5.  Any additional protection to be provided to workers required to enter or work in the area.  O. Reg. 291/02, s. 3. (3) No worker shall be positioned so that when the worker is pulling a chute his or her access to an exit from the area may be blocked by an uncontrolled run of material, water or slime.  O. Reg. 291/02, s. 3. (4) A mechanical locking device shall be installed on overcut power operated chute gates, so that the gate may be locked in the open or closed position.  O. Reg. 291/02, s. 3. (5) A power-operated safety guard or gate shall be designed and installed to minimize hazards when the power fails.  O. Reg. 291/02, s. 3.
119.1 (1) The brake system of a rubber-tired motor vehicle that was first used in an underground mine after September 1, 1992 shall meet the requirements of CSA Standard M424.3:22, “Braking Performance — Rubber-Tired, Self-Propelled Underground Mining Machines”. O. Reg. 84/07, s. 6; O. Reg. 34/14, s. 5 (1); O. Reg. 69/23, s. 19 (1). (2) The brake system of a rubber-tired motor vehicle that was first used in a surface mine on or after October 1, 2007 shall meet the requirements of ISO 3450: 2011 (R2022) “Earth-moving machinery — Wheeled or high-speed rubber-tracked machines — Performance requirements and test procedures for brake systems”. O. Reg. 84/07, s. 6; O. Reg. 34/14, s. 5 (2); O. Reg. 69/23, s. 19 (2). (3) The brake system of a tracked motor vehicle that was first used in an underground mine or in a surface mine on or after October 1, 2007 shall meet the requirements of ISO 10265: 2008 (R2019) “Earth-moving machinery — Crawler Machines — Performance requirements and test procedures for braking systems”. O. Reg. 84/07, s. 6; O. Reg. 69/23, s. 19 (3).
165., 166. Revoked:  O. Reg. 486/99, s. 7.
185. (1) In this section, “machine” includes a prime mover, transmission equipment and thing.  O. Reg. 31/04, s. 10. (2) A machine that has an exposed moving part that may endanger the safety of any person shall be fenced or guarded unless its position, construction or attachment provides equivalent protection.  O. Reg. 31/04, s. 10. (3) A machine shall be provided with a device that automatically prevents a worker operating it from coming in contact with any moving part.  O. Reg. 31/04, s. 10. (4) The travelway of a counterweight shall be guarded or located to prevent, (a)  inadvertent entry thereto by a worker; and (b)  injury to a worker should the counterweight become detached from its fastenings.  O. Reg. 31/04, s. 10. (5) Clearance sufficient for the safety of a worker shall be provided from the path of travel of, (a)  a load carried by a machine; (b)  a moving part of a machine; and (c)  another machine.  O. Reg. 31/04, s. 10. (6) A revolving set screw, bolt, key or other similar device shall be recessed, encased or guarded to prevent inadvertent contact by a worker.  O. Reg. 31/04, s. 10. (7) If any work is being done on a machine, (a)  the moving parts shall be stopped; (b)  any stored energy that could be a hazard to workers shall be dissipated or contained; (c)  energy isolating devices shall be installed if the machine is not already equipped with them; and (d)  all energy isolating devices shall be properly engaged, locked and tagged. O. Reg. 31/04, s. 10; O. Reg. 69/23, s. 27. (8) Before doing any work to which subsection (7) applies, a worker shall verify, by testing, that the requirements of that subsection have been complied with.  O. Reg. 31/04, s. 10. (9) A tag required by clause (7) (d) shall, (a)  be secured to prevent its accidental removal; (b)  state the reason the energy isolating devices are locked and tagged; (c)  show the name of the person responsible for locking and tagging the energy isolating devices; and (d)  show the date on which the energy isolating devices were locked and tagged.  O. Reg. 31/04, s. 10. (10) If it is not practical to comply with subsection (7), work to which that subsection applies may be done if, while it is being done, barriers, shields or other effective precautions are used or taken for the safety of a worker.  O. Reg. 31/04, s. 10; O. Reg. 265/15, s. 12.
211. (1) This section applies if a shaft conveyance is being used to transport persons.  O. Reg. 31/04, s. 12. (2) The hoist shall be equipped with control devices that prevent the shaft conveyance from being taken, (a)  to the dump position, unless a procedure is established and followed that ensures persons on the shaft conveyance remain securely in place if the conveyance is taken to the dump position; or (b)  below a loading pocket, unless the controls for loading the shaft conveyance from that pocket have been made inoperative or the persons are being transported in a separate compartment of the shaft.  O. Reg. 31/04, s. 12. (3) If a shaft conveyance that is being used to transport persons is not a cage or a combination skip and cage designed to normally transport persons, the hoist shall not be permitted to travel at a speed that is more than the lesser of, (a)  one-half the normal speed of the hoist; or (b)  five metres per second.  O. Reg. 31/04, s. 12. (4) The control devices of the hoist shall be designed and installed to be fail safe.  O. Reg. 31/04, s. 12. (5) An audible or visible signal that the control devices for the hoist are set in operation shall be given to persons entering the shaft conveyance.  O. Reg. 31/04, s. 12.
265. Revoked: O. Reg. 69/23, s. 39.
286. Revoked: O. Reg. 69/23, s. 44.
11.1.1 (1) Employers engaged in surface diamond drilling operations shall establish and maintain the following components of the Surface Diamond Driller training program: 1.  Common Core for Surface Diamond Driller – Part 1 (Basic Level) (Program #P770200). 2.  Common Core for Surface Diamond Driller – Part 2 (Helper Level) (Program #P770200). 3.  Common Core for Surface Diamond Driller – Part 3 (Runner Level) (Program #P770200). 4.  Speciality Modules for Surface Diamond Driller (#P770200). O. Reg. 167/16, s. 5. (2) An employer shall train each worker who performs work as a surface diamond driller in the modules of the program described in subsection (1) appropriate for that worker and shall ensure that the training is completed in accordance with the following requirements: 1.  Part 1 (Basic Level) shall be completed before the worker begins performing work covered by the modules of that component of the program. 2.  Part 2 (Helper Level) shall be completed within 12 months after the day the worker begins performing work covered by the modules of that component of the program. 3.  Part 3 (Runner Level) shall be completed within 12 months after the day the worker begins performing work covered by the modules of that component of the program. 4.  Each specialty module shall be completed within 12 months after the day the worker begins performing work covered by the applicable module. O. Reg. 167/16, s. 5. (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 and gives the employer proof of successful completion. O. Reg. 167/16, s. 5. (4) Revoked: O. Reg. 187/19, s. 5.
11.2 (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).  O. Reg. 296/11, s. 3 (1). (2) An employer shall train each worker in the modules of the programs described in subsection (1) appropriate for that worker.  O. Reg. 296/11, s. 3 (1). (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.  O. Reg. 296/11, s. 3 (1). (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.  O. Reg. 296/11, s. 3 (2). (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. (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.  O. Reg. 296/11, s. 3 (3). (5) Revoked: O. Reg. 187/19, s. 5.
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) An employer shall train each worker in the program described in subsection (1), as appropriate for that worker.  O. Reg. 296/11, s. 4 (1). (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.  O. Reg. 296/11, s. 4 (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) Revoked: O. Reg. 187/19, s. 5.
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) An employer shall train each worker in the modules of the programs described in subsection (1) appropriate for that worker.  O. Reg. 296/11, s. 5 (1). (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.  O. Reg. 296/11, s. 5 (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. 31/04, s. 3. (4) Revoked: O. Reg. 187/19, s. 5.
11.2.3 The training programs described in sections 11 to 11.2.2 must be developed jointly by labour and management in the mining industry and the Ministry, and must be approved by the Ministry. O. Reg. 69/23, s. 5.
11.3 A document issued by the Ministry showing that a worker has successfully completed a module of a program referred to in section 11, 11.1, 11.1.1, 11.2, 11.2.1 or 11.2.2 is conclusive proof for the purposes of that section of the worker’s successful completion of the module. O. Reg. 187/19, s. 7; O. Reg. 69/23, s. 6.
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.
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 18 kilopascals or a concentrated load of 81 kilonewtons, whichever is greater. R.R.O. 1990, Reg. 854, s. 18 (3); O. Reg. 265/15, s. 2. (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 an 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; O. Reg. 373/22, s. 5. (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) The Minister may approve a laboratory for the purpose of testing or examining shaft ropes or other hoisting appliances. O. Reg. 265/15, s. 3. (2) For a mine in Ontario, the fee for testing a rope at an approved laboratory shall be determined in accordance with subsection (3). O. Reg. 265/15, s. 3; O. Reg. 61/18, s. 3 (1). (3) The fee for testing a rope described in Column 1 of the Table to this subsection is the corresponding base amount set out in Column 2 plus the corresponding additional fees set out in Columns 3 and 4 that apply with respect to the rope, if any. TABLE Column 1   Rope Construction (diameter in millimetres)   Column 2   Base Fee (in dollars)   Column 3   Additional Fee (in dollars) for PVC Filled Ropes   Column 4   Additional Fee (in dollars) for Compacted/Die Form Ropes 

  6 strand (up to 19.05)   672.13   461.82   92.36 

  6 strand (greater than 19.05 up to 44.45)   720.80   461.82   92.36 

  6 strand (greater than 44.45 up to 63.50)   806.59   461.82   92.36 

  6 strand (greater than 63.50)   989.73   461.82   92.36 

  7 to 24 strand (up to 19.05)   903.04   346.36   138.55 

  7 to 24 strand (greater than 19.05 up to 44.45)   951.71   346.36   138.55 

  7 to 24 strand (greater than 44.45 up to 63.50)   1037.50   346.36   138.55 

  7 to 24 strand (greater than 63.50)   1220.64   346.36   138.55 

  25 to 35 strand (up to 19.05)   1191.67   923.64   184.73 

  25 to 35 strand (greater than 19.05 up to 44.45)   1182.62   923.64   184.73 

  25 to 35 strand (greater than 44.45 up to 63.50)   1268.41   923.64   184.73 

  25 to 35 strand (greater than 63.50)   1451.55   923.64   184.73 

  36 strand or more (up to 19.05)   1307.13   1039.09   207.82 

  36 strand or more (greater than 19.05 up to 44.45)   1298.07   1039.09   207.82 

  36 strand or more (greater than 44.45 up to 63.50)   1383.87   1039.09   207.82 

  36 strand or more (greater than 63.50)   1567.00   1039.09   207.82 

  Full lock Coil Rope (up to 19.05)   672.13   None   None  

  Full lock Coil Rope (greater than 19.05 up to 44.45)   720.80   None   None  

  Full lock Coil Rope (greater than 44.45 up to 63.50)   806.59   None   None 

  Full lock Coil Rope (greater than 63.50)   989.73   None   None 

  Half lock Coil Rope (up to 19.05)   441.22   None   None 

  Half lock Coil Rope (greater than 19.05 up to 44.45)   489.89   None   None 

  Half lock Coil Rope (greater than 44.45 up to 63.50)   575.68   None   None 

  Half lock Coil Rope (greater than 63.50)   758.82   None   None O. Reg. 265/15, s. 3; O. Reg. 61/18, s. 3 (2, 3). (4) Revoked: O. Reg. 61/18, s. 3 (4). (5) A laboratory shall issue a Certificate of Test for each sample of shaft rope submitted to it for testing, setting out the breaking strength of the rope, and the breaking strength, as set out in the Certificate of Test, shall be the breaking strength of the rope from which the sample was taken. O. Reg. 265/15, s. 3.
21. Revoked: O. Reg. 422/21, s. 1.
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), (5) Revoked: O. Reg. 187/19, s. 8.
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); and (d)  disconnection from the electrical power source has been done and has been confirmed in writing by the appropriate electrical utilities inspection department. (e)  Revoked: O. Reg. 187/19, s. 9. R.R.O. 1990, Reg. 854, s. 23 (3); O. Reg. 272/97, s. 8 (3); O. Reg. 187/19, s. 9. (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. Revoked: O. Reg. 167/16, s. 6. 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).