Occupational Health and Safety Code

531

This Part applies to mines and mine sites.

532

An employer must ensure that a processing plant, other facility or building is

(a) kept as free as is reasonably practicable of dust, and

(b) cleaned at reasonably practicable intervals to prevent any dust from becoming a hazard to workers.

533(1)

An employer must make and maintain a mine plan that includes

(a) the workings surveyed, current to within 3 months of the previous survey,

(b) extensions to the workings sketched in, current to within one month of the previous survey,

(c) the general direction and inclination of the strata and thickness of the bed or strata being worked,

(d) the legal description of the land making up the mine and mine site,

(e) any right of way on the land for a pipeline or other utility corridor, and

(f) the locations of exploration drill holes drilled for any purpose.

533(2)

An employer must ensure that the mine plan is reviewed and updated at reasonably practicable intervals.

533.1

Where this Part requires specifications or procedures, or both, certified by a professional engineer, an employer must ensure that those specifications or procedures, or both, are implemented and followed.

534(1)

An employer must ensure that a report is made for any training, inspection, test, examination, review, maintenance, installation, re-installation, repairs, modification or monitoring required by this Part.

534(2)

An employer must ensure that a report made under subsection (1) is kept for at least 2 years from the date the report is made.

535

An employer must ensure that the walls of excavations are designed by a competent person and constructed and located to ensure safe distances are maintained from any

(a) boundary of a mine or mine site,

(b) right of way for a highway or thoroughfare,

(c) oil or gas well, and

(d) right of way for a pipeline or other utility.

536

An employer must ensure that mine material and discards that are open to the atmosphere or accessible to workers are

(a) stored in such a way that the mine material and discards do not create a hazard to workers, and

(b) marked to identify any hazards to workers that may exist.

537

An employer must ensure that any dust released from drilling activities does not create a hazard to workers.

539(1)

An employer must ensure that a haul road is constructed and maintained so that vehicles and equipment can travel safely into or out of a work area.

539(2)

An employer must ensure that a haul road with a gradient of more than 5 percent has emergency escape routes that

(a) are spaced throughout the length of the haul road, and

(b) allow a runaway vehicle or equipment to be stopped safely.

539(3)

An employer must ensure that

(a) any portion of a haul road that exposes vehicles and equipment to a vertical fall of greater than 3 metres is protected by a berm that is equivalent to at least 1/2 the height of the largest tire of any equipment, powered mobile equipment or vehicle in use on that haul road, and

(b) any breaks in the berms of a surface haul road must not be greater than the width of the smallest powered mobile equipment or vehicle in use on that haul road.

541(1)

An employer must develop specifications and procedures, certified by a professional engineer, that include the measures to be taken to ensure the stability of mine walls.

541(2)

Despite subsection (1), an employer at a pit must develop and implement specifications and procedures, verified by a competent person, that include the measures to be taken to ensure the stability of the pit walls.

541(3)

An employer must ensure that

(a) undermining is not carried out in unconsolidated mine material and discards,

(b) the working face is less than 1.5 metres above the maximum height that the excavation equipment can reach,

(c) unconsolidated mine material lying within 2 metres of the crest of a working face is removed,

(d) unconsolidated mine material lying more than 2 metres from the crest of a working face is stabilized so that it does not create a hazard to workers, and

(e) accumulation of loose rock or other mine material does not create a hazard to workers.

542

An employer must ensure that if powered mobile equipment may go over a bank or enter a dump opening while it is discharging its load, the equipment is effectively stopped or controlled by

(a) an anchored block,

(b) a ridge of material acting as a backstop, or

(c) a designated signaller with a stop signal.

544

The following are incidents for the purposes of section 33(3) of the Act:

(a) an unexpected major ground fall or subsidence that endangers or may endanger workers, equipment or facilities;

(b) an unplanned stoppage of the main underground ventilation system, if it lasts more than 30 minutes;

(c) emergency conditions that result in workers being withdrawn from a hazardous location;

(d) electrical equipment failures or incidents that cause, or threaten to cause, injury to workers or damage to equipment or facilities;

(e) outbursts and inrushes;

(f) an incident involving a hoist, sheave, hoisting rope, shaft conveyance, shaft, shaft timbering or headframe structure;

(g) the integrity of a dam or dike is affected by

(i) cracking or evidence of weakening or subsidence of a dam or dike,

(ii) unexpected seepage or the appearance of springs on the outer face of a dam or dike,

(iii) the freeboard of a dam or dike being inadequate, or

(iv) a washout or significant erosion to a dam or dike.

546(1)

In addition to the requirements in Part 7, an employer must ensure that designated rescue and emergency workers

(a) at minimum, qualify as basic first aiders,

(b) have completed training approved by a Director, and

(c) are familiar with the complete mine and mine site layout and the location of entrances and exits to work areas so an effective rescue or evacuation can be carried out.

546(2)

This section does not apply to a pit.

547

An employer must ensure that workers are trained in the use of firefighting equipment.

560(1)

An employer must ensure that the installation, maintenance and operation of electrical equipment meets the requirements of CSA Standard M421-16, Use of electricity in mines, for equipment installed on or after March 31, 2023.

560(2)

An employer must ensure that the electrical system is designed to and otherwise meets specifications certified by a professional engineer.

560(3)

An employer must ensure that electrical equipment and systems are installed, repaired, serviced, maintained and tested by an electrician or a worker under the direct supervision of an electrician.

560(4)

An employer must ensure testing under subsection (3) is performed at reasonably practicable intervals and includes testing to verify

(a) the effectiveness of the ground fault tripping and ground conductor monitoring circuits,

(b) the integrity of ground electrodes at a surface mine and at the surface of an underground mine for electrical current continuity, and

(c) ground electrodes at a surface mine and at the surface of an underground mine for adequate capacity to ground electrical current.

560(5)

Subsection (2) does not apply to portable or temporary electrical power equipment at a mine or mine site where an employer has ensured the portable or temporary electrical power equipment has been properly installed and grounded.

572

An employer must ensure that if the power switch is released on a hand‑held drill used by a worker in a mine,

(a) the power to the drill is interrupted, and

(b) the drill stops operating.

574(1)

An employer at an underground mine must ensure that rubber-tired, self-propelled equipment used in an underground mine meets the requirements of CSA Standard M424.3-M90 (R2020), Braking Performance - Rubber-Tired, Self-Propelled Underground Mining Machines.

574(2)

An employer must ensure that the brake system of rubber-tired, self-propelled equipment used in a surface mine meets the requirements of ISO 3450:2011, Earth-moving machinery - Wheeled or high-speed rubber-tracked machines - Performance requirements and test procedures for brake systems.

574(3)

An employer must ensure that all accumulators used in braking and steering systems of rubber-tired, self-propelled equipment having GVW of more than 32 000 kilograms have a Canadian Registration Number for a pressure vessel as defined by CSA Standard B51:19, Boiler, pressure vessel, and pressure piping code.

574(4)

This section does not apply to any vehicle or powered mobile equipment that would be permitted to be used under the Traffic Safety Act.

574.1

An employer must ensure that autonomous and semi-autonomous powered mobile equipment meets the requirements of ISO 17757:2019, Earth-moving machinery and mining - Autonomous and semi-autonomous machine system safety.

577(1)

An employer must ensure that rubber-tired, self-propelled equipment fitted with an air or air over hydraulic braking system has an emergency source of energy that can

(a) apply the service brake, and

(b) safely stop and hold the equipment on all grades over which it may operate.

577(2)

This section does not apply to a pit.

578(1)

An employer must ensure that rubber-tired, self-propelled equipment with hydraulically activated service brakes has a hydraulic system divided into 2 or more separate circuits that are independently activated.

578(2)

This section does not apply to a pit.

579(1)

An employer must ensure that rubber-tired, self-propelled equipment fitted with a divided or dual-braking system has a visible or audible warning device that effectively alerts the worker who is operating the equipment when a part of the system stops working.

579(2)

This section does not apply to a pit.

585(1)

An employer must ensure that the service brakes on rubber-tired, self-propelled equipment that has a GVW of more than 32 000 kilograms and travels at a speed of more than 10 kilometres per hour in normal operations are tested at reasonably practicable intervals

(a) at the equipment's normal operation speed, and

(b) without using auxiliary retarding devices.

585(2)

An employer must ensure that the following are measured when service brakes are tested under subsection (1):

(a) the distance travelled by the equipment from the initial point of application of the service brakes to the final stopping position;

(b) the forward speed of the equipment at the time the service brakes are applied.

585(3)

An employer must ensure that the service brakes of all rubber-tired, self-propelled equipment referred to in subsection (1) in the employer's fleet are tested within a 3-year period.

585(4)

If rubber-tired, self-propelled equipment does not meet the minimum brake performance requirements, an employer must remove the equipment from service until it meets the requirements.

588

An employer must ensure that rubber-tired, self-propelled equipment has an auxiliary power source that enables the worker who is operating the equipment to steer the equipment to a safe stop if the equipment depends on hydraulic power for steering.

589

An employer must ensure that the hydraulic fluid supply to an auxiliary hydraulic pump used to provide the emergency steering capability on rubber-tired, self-propelled equipment comes from a separate reservoir or from an isolated section of the main reservoir.

590

An employer must ensure that an auxiliary steering system on rubber-tired, self-propelled equipment meets the requirements of SAE Standard J1511 FEB94/ISO 5010:2007, Steering for Off-Road, Rubber-Tired Machines.

591(1)

An employer must ensure that rubber-tired, self-propelled equipment has

(a) shock absorbing seats,

(b) a fail-safe means of preventing unintended movement when the machine is parked, and

(c) an interlock system that prevents the engine from starting when the transmission is engaged.

591(2)

An employer must ensure that all equipment, powered mobile equipment or vehicles fitted with rear dump boxes

(a) have a calculated centre of gravity, and

(b) will maintain all wheels in contact with the ground during normal operation when loaded to the manufacturer’s specified maximum load weight.

592(1)

An employer must ensure that rubber-tired, self-propelled equipment has clearance lights that

(a) indicate clearly from both the front and rear of the equipment the overall width of the equipment, and

(b) meet the requirements of SAE Standard J2042 July 2006, Clearance, Sidemarker, and Identification Lamps for Use on Motor Vehicles 2032 mm or More in Overall Width.

592(2)

For the purposes of subsection (1), the overall width does not include

(a) blades on motor graders or rubber-tired dozers, or

(b) buckets on front-end loaders.

592(3)

An employer must ensure that the clearance lights under subsection (1) are on when the equipment's engine is on.

593

An employer must ensure that a worker who is operating rubber-tired, self-propelled equipment has an unimpeded line of sight.

594

An employer must ensure that rubber-tired, self-propelled equipment meets the requirements of ISO 12509:2004, Earth-moving machinery - lighting, signaling and marking lights, and reflex reflector devices.

598(1)

An employer must ensure that a conveyor belt

(a) meets the requirements of CSA Standard M422:14 (R2019), Fire-performance and antistatic requirements for conveyor belting,

(b) has fire-resistant belting approved by the United States Mine Safety and Health Administration, or

(c) is certified by a professional engineer as meeting another international standard.

598(2)

An employer must ensure the conveyor belt system is fitted with an automatic fire suppression system that is designed to and otherwise meets specifications certified by a professional engineer.

599(1)

An employer must ensure that each conveyor belt system has

(a) an emergency stopping system capable of being activated by a worker from any point along the length of the conveyor belt system where workers have access, and

(b) controls that must be reset manually before the conveyor belt system can be restarted after an emergency stop.

599(2)

An employer must ensure that a conveyor belt system is equipped with a belt-slip detection device to stop the drive motor in the event of belt blockage or slippage.

600

An employer must ensure there is sufficient horizontal and vertical distance surrounding conveyor belts to

(a) prevent unintended contact with vehicles, equipment and workers,

(b) provide adequate room for cleaning, and

(c) provide adequate room for material movement.

601(1)

An employer must ensure that, in hazardous locations, no combustible dust accumulates at or near the conveyor belt, the belt support rollers, the conveyor belt drive and tail, the belt take up drums or any other component of the conveyor system that creates or may create an ignition hazard.

601(2)

An employer must ensure that a belt conveyor discharge is constructed to keep the amount of dust spilled or dispersed into the air at as low a level as reasonably practicable to minimize the hazard to workers.

603(1)

An employer must ensure that no worker rides on a conveyor belt.

603(2)

A worker must not ride on a conveyor belt.

604

An employer must ensure that a conveyor is inspected at reasonably practicable intervals to identify any hazards to workers.

680

This Division applies to underground mines.

681

An employer must ensure that a mine plan required by section 533 is certified by a professional engineer, is submitted to a Director before the last day in September in each year and includes

(a) a proposed underground operations working plan for the next year of operation,

(b) a ventilation plan for the next year of operation, and

(c) the locations of all firefighting pipelines, water control valves, fire stations and fire cabinets.

683

An employer must ensure that workers working underground are supervised by a supervisor who is an underground mine manager or an underground mine foreman.

685(1)

An employer must appoint an underground mine manager to supervise workers and oversee daily activities at a mine or mine site.

685(2)

An employer may appoint an underground mine foreman as a temporary underground mine manager.

686

An employer must ensure that surface mining operations and underground mining operations are coordinated if

(a) surface mining operations and underground mining operations take place simultaneously, and

(b) those operations are in such proximity that mining in one may affect the health and safety of workers in the other.

687(1)

An employer must ensure that no worker works alone at a working face where coal is mined.

687(2)

Despite subsection (1), an employer may allow a worker who is sampling, testing or inspecting at a working face where coal is mined to work alone.

689

An employer must ensure that entrances to any area determined to be unsafe are signed at sufficient distances and fenced, cordoned or taped off to prevent workers from entering the area.

690(1)

During each work shift, an employer must ensure that a report is made and updated that includes

(a) the locations of any workers working underground at any given time,

(b) the times at which each worker checked in and out of the underground mine,

(c) the name of each worker who remains in the underground mine beyond the end of the work shift, and

(d) any hazards identified during the work shift.

690(2)

An employer must ensure that

(a) underground work areas are inspected before each work shift, and

(b) the report required in subsection (1) in respect of a work shift is

(i) updated to include the results of an inspection under clause (a), and

(ii) reviewed by the supervisor at the beginning of the subsequent work shift.

693(1)

An employer must ensure a worker does not bring an ignition source into an underground mine.

693(2)

A worker must not bring an ignition source into an underground mine.

693(3)

Despite subsections (1) and (2), a worker may bring an ignition source into an underground mine if it is required to perform the work and authorized by an employer.

693.1

An employer must ensure that nothing made of or containing aluminum, magnesium, titanium, a light metal alloy or any other reactive metal is brought into an underground mine if it may create a spark or ignition source. 

693.2(1)

An employer must ensure that appropriate gas monitors

(a) are installed in any hazardous location,

(b) are continuously monitored, and

(c) will warn workers if the content of the atmosphere exceeds 20 percent of the lower explosive limit of the gas being monitored.

693.2(2)

An employer must ensure that any equipment used for testing and measuring where flammable and combustible conditions exist or may exist is intrinsically safe.

693.3(1)

An employer must ensure that

(a) all flammable liquid is stored in a fireproof receptacle or chamber,

(b) flammable or combustible material does not accumulate in any working part of the underground mine,

(c) mine material likely to cause a fire is kept in fireproof containers that are removed and disposed of at reasonably practicable intervals,

(d) flammable and combustible construction material is not used in an area of the underground mine where there is or may be an ignition source that could ignite it, and

(e) propane is not used in the underground mine except in heaters within portals.

693.3(2)

An employer must ensure that all components of the ventilation system are constructed of non-combustible material or treated to make them fire-resistant.

693.3(3)

An employer must ensure that dust suppression devices are used if concentrations of dust may create a hazard to workers.

693.3(4)

An employer must ensure that conveyor belt transfer points have automatic fire-warning devices that activate an alarm in a permanently attended monitoring station at the surface.

693.3(5)

An employer must ensure that equipment brought into an underground mine uses fire-resistant hydraulic fluids that meet the requirements of CSA Standard M423:M87 (R2021), Fire resistant hydraulic fluids.

693.3(6)

Subsection (5) does not apply to the following vehicle and powered mobile equipment components:

(a) axles;

(b) fluid couplings;

(c) braking systems that employ totally enclosed friction elements immersed in a cooling liquid;

(d) braking systems with hydraulics that are independent of any other hydraulic system.

693.3(7)

Despite subsections (5) and (6), an employer may use a vehicle or powered mobile equipment that uses an automatic fire suppression system and associated automatic engine shutdown if approved by a Director.

693.4

An employer must ensure roadways and linings of a conveyor transfer or loading points in an underground mine are constructed of non-combustible materials or are otherwise made fire-resistant.

693.5

An employer must ensure that

(a) adequate clearance is maintained between the bottom rollers of conveyor belt systems and the floor of the roadway to permit workers to safely remove spilled material, and

(b) if the clearance is obtained by mounting the conveyor belt system on pillars, the pillars are either non-combustible or otherwise made fire-resistant.

693.6

An employer must ensure that fire detection and suppression systems are installed in strategic places to detect and extinguish fires at an underground mine.

693.7(1)

An employer must ensure that firefighting equipment is

(a) provided in sufficient quantities and appropriate types to address all fire hazards that may arise, and

 (b) located in all areas where fire hazards are or may be present.

693.7(2)

An employer must ensure that, if there is a fire, the direction of the ventilation air flow will not prevent or interfere with the use of firefighting equipment.

693.7(3)

An employer must ensure that firefighting equipment is inspected and tested at reasonably practicable intervals to ensure it is operating properly.

693.8(1)

An employer must ensure that a water supply system used for fire suppression is designed and constructed to and otherwise meets specifications certified by a professional engineer.

693.8(2)

An employer must ensure that a water supply system is available at all times to supply water to all areas of the underground mine at the pressure and volume necessary for firefighting.

693.8(3)

An employer must ensure that the power supply for the water supply system is independent of the main electrical system.

693.8(4)

If any component of the water supply system is located in a return air roadway, an employer must ensure that the supply control valves are located at appropriate intervals in the intake air roadways.

693.9

An employer must ensure that a conveyor belt system has a carbon monoxide monitor that is linked to the fire detection system.

694

An employer must ensure that areas at the surface where ignition hazards exist or may exist are clearly marked.

695(1)

An employer must ensure that any underground propane installations are installed and maintained in accordance with the Safety Codes Act.

695(2)

An employer must ensure that a furnace or device used for heating mine air is designed, constructed and installed to and otherwise meets specifications certified by a professional engineer.

696

An employer must ensure that bulk fuel storage facilities are

(a) not located underground,

(b) located on a surface that is impervious to the substances being stored, and

(c) designed, constructed and maintained to prevent fuel from unintentionally entering the underground mine.

697(1)

An employer must ensure that a communication system

(a) is installed between a permanently attended monitoring station at the surface and underground locations where workers may be located,

(b) has a separate back-up power supply that operates if there is a power failure, and

(c) has an alarm that, in the case of an emergency, is

(i) initiated from the permanently attended monitoring station at the surface, and

(ii) activated to warn workers.

697(2)

Subsection (1) does not apply to exploration drivages from the surface where visual or audible communication with the workers can be maintained while the workers are underground.

697.1(1)

An employer must ensure that battery-charging stations are

(a) not located underground,

(b) located in a well-ventilated area to prevent the accumulation of flammable gases, and

(c) used, installed, assembled, operated, serviced, stored, tested and maintained in accordance with and otherwise meet specifications certified by a professional engineer.

697.1(2)

An employer must ensure that batteries are not repaired in an underground location or in a hazardous location.

697.2(1)

An employer must ensure that only an electrician energizes and de-energizes electrical systems at an underground mine.

697.2(2)

Despite subsection (1), an employer must ensure that workers are able to energize and de-energize electrical systems at an underground mine in the event of an emergency when an electrician is not available.

697.2(3)

An employer at a work site where coal is mined must ensure that electrical distribution switchgear is not located nearer to the working face than the last ventilated cross cut.

697.3

An employer must ensure that rubber-tired, self-propelled equipment does not travel underground unless

(a) the total horizontal clearance on each side is not less than 2 metres between the rubber-tired, self-propelled equipment and workers, equipment and vehicles, and

(b) there is sufficient vertical clearance between the rubber-tired, self-propelled equipment, including its load, and the lowest overhead obstruction.

697.4

An employer must ensure that diesel-powered equipment used in an underground mine is certified by the United States Mine Safety and Health Administration or certified by a professional engineer to meet

(a) CSA Standard M424.1-16, Flameproof non-rail-bound, diesel-powered machines for use in gassy underground coal mines,

(b) CSA Standard M424.2-16, Non-rail-bound diesel-powered machines for use in non-gassy underground mines, or

(c) United States Mine Safety and Health Administration 30 CFR (2002).

700(1)

An employer must ensure that all parts of a portal are constructed of non-combustible materials.

700(2)

An employer must ensure that, before a portal is constructed, a professional engineer prepares and certifies a portal construction plan that

(a) includes drawings, diagrams and instructions detailing the design of the portal, and

(b) specifies how the portal is to be safely constructed and positioned while protecting workers from falling or collapsing ground.

700(3)

An employer must ensure that a portal is designed and constructed to specifications certified by a professional engineer.

701(1)

An employer must ensure that there are at least 2 separate and independent outlets by which workers can exit an underground mine.

701(2)

An employer must ensure that the outlets are designed and constructed to and otherwise meet specifications certified by a professional engineer, which must include the provision of at least one outlet that will allow egress of workers in the event of any reasonably foreseeable incident.

701(3)

Subsection (1) does not apply to the following:

(a) a new underground mine where entrances to a mine or outlets are being constructed;

(b) a location where the mine voice communication system is in the process of being constructed between mine openings;

(c) a location where ground is being excavated for the purposes of searching for or proving mineral deposits.

701(4)

If there is only one exit from an area of an underground mine where work is being conducted, an employer must ensure that only those workers necessary to complete the work are present in such an area.

702

An employer must ensure escape ways

(a) are designed and constructed to and otherwise meet specifications certified by a professional engineer that ensure workers can safely escape from an underground mine in an emergency, and

(b) have markings and guide lines that

(i) are located at strategic places,

(ii) direct workers to the locations of the exits of the underground mine, and

(iii) show locations of self-rescue personal protective equipment and refuge stations.

702.1(1)

An employer must ensure that there are refuge stations located at strategic places in an underground mine.

702.1(2)

An employer must ensure that the refuge stations are

(a) designed and installed in accordance with and otherwise meet specifications certified by a professional engineer,

(b) of sufficient size to accommodate the number of workers who may need to use them in the event of an emergency,

(c) available to and accessible by workers in the event of an emergency, and

(d) stocked with sufficient supplies to provide necessities of life for the foreseeable duration of an emergency.

703

An employer must ensure that a haulage mine level or tunnel has places for workers to safely avoid contact with moving equipment and that such places are

(a) strategically located,

(b) of sufficient size, and

(c) clearly identified.

703.1(1)

An employer must establish and implement an emergency warning system that alerts workers of an emergency that requires workers to be promptly evacuated.

703.1(2)

An employer must ensure the emergency warning system required by subsection (1) is inspected and tested at reasonably practicable intervals to ensure it is operating properly.

703.2

An employer must ensure that

(a) a mock exercise for evacuation of an underground mine is conducted with all workers at least annually, and

(b) a report is made of the exercise, including identifying any remedial actions undertaken to address any deficiencies.

703.3(1)

An employer must establish, maintain and operate an emergency response station and provide facilities for conducting rescue operations and other emergency work.

703.3(2)

An employer must ensure that sufficient quantities of rescue equipment and personal protective equipment are available to workers for immediate use at an emergency response station.

703.4(1)

An employer must ensure that

(a) each worker who goes underground is provided with self-rescue personal protective equipment that complies with Part 18 and is rated at a minimum of one hour,

(b) each worker is in possession of self-rescue personal protective equipment at all times when underground, and

(c) additional self-rescue personal protective equipment is stored and located at strategic places underground between the most distant working face and the exits.

703.4(2)

An employer must ensure that each worker

(a) receives training in the proper procedures for the use, donning and switch-over of self-rescue personal protective equipment during an emergency, and

(b) is aware of the locations of the additional self-rescue personal protective equipment referred to in subsection (1)(c).

703.4(3)

An employer must ensure that each worker receives refresher training every 3 months in the subjects referred to in subsection (2)(a).

704(1)

An employer must ensure that no bulk fuel is stored underground.

704(2)

Despite subsection (1), if bulk fuel storage is required underground, an employer must ensure designated underground fuel stations are designed and constructed to and otherwise meet specifications certified by a professional engineer, which must include controls to prevent spills and associated hazards.

704(3)

An employer and supervisor must ensure diesel fuel tanks of vehicles and equipment that must be filled underground are filled only at designated underground fuel stations.

705(1)

An employer must ensure that the quantity of diesel fuel stored at a designated underground fuel station is not greater than the quantity of fuel required for 24 hours' work.

705(2)

An employer must ensure that diesel fuel is prevented from spilling while the fuel tanks are filled.

705(3)

An employer must ensure that all empty diesel fuel containers are removed from an underground mine daily.

705(4)

An employer must ensure that spilled oil, diesel fuel or any other combustible or flammable liquid is immediately taken up with a non-flammable absorbent material that is

(a) deposited in a fireproof receptacle, and

(b) removed from an underground mine at intervals of not more than every 3 days.

706(1)

An employer must ensure that the control levers of storage battery locomotives, trolley locomotives and vehicles are designed so that the levers

(a) can only be removed when the lever is in the neutral position, and

(b) are spring loaded or set to return to the neutral position.

706(2)

An employer must ensure that all continuous mining equipment is equipped with proximity detection systems.

706(3)

An employer must ensure that proximity detection systems include equipment-mounted components and components worn by workers that

(a) cause equipment to stop before contacting a worker,

(b) provide a warning signal on the components worn by the worker and the worker who is operating the equipment that alerts workers before the system causes equipment to stop, and

(c) are protected from interference with or from electrical systems or other sources of electromagnetic radiation.

707(1)

If an entry or roadway is to be excavated in an underground mine, an employer must ensure that a geotechnical analysis of the strata and structures is conducted by a professional engineer to determine the effects of the strata and structures on the entry or roadway excavation and that a report is prepared.

707(2)

An employer must ensure that support systems for an underground mine are designed and constructed to and otherwise meet specifications certified by a professional engineer, which must include

(a) the support system of the roof and sides of a roadway,

(b) the dimensions of support pillars, and

(c) the procedures for the removal of any supports.

707(3)

An employer must ensure that the professional engineer referred to in subsection (2) takes into consideration the following:

(a) the depth of cover and stratigraphy;

(b) the nature and character of the strata immediately above the roof horizon, the further overlying strata and the floor strata;

(c) the strength characteristics of the roof, sides, floor strata and the coal seam;

(d) the thickness and sequence of bedding planes and other planes of weakness in relation to the application of supports;

(e) the local hydrogeology;

(f) the structural control including faults, synclines, anticlines and other known abnormalities;

(g) the proximity of any surface glacial deposits and their stability;

(h) the possible interaction between underlying and overlying coal seams, mine workings, pillars, aquifers, geological features and the proposed mine workings;

(i) the mining sequence;

(j) with respect to the general roadways layout and related extraction, the possible impact at the surface area and its infrastructure;

(k) the geotechnical analysis referred to in subsection (1);

(l) the propensity of the coal and surrounding strata for sudden bursts of solids and/or gas.

707(4)

An employer must ensure that stability of the support system is maintained when supports are installed, maintained or removed.

707(5)

An employer and underground mine manager must ensure that the removal of any supports is performed in accordance with the specifications referred to in subsection (2).

708

If solid mineral pillars or blocks are to be extracted from an underground mine, an employer must ensure that procedures for the systematic extraction of pillars or blocks are developed to specifications certified by a professional engineer, which must include that

(a) workers are not required to work beneath an unsupported roof, and

(b) workers are protected from the hazard of the collapse of a side or rib.

711(1)

An employer must ensure that a mechanical ventilation system is designed, constructed and installed to and otherwise meets specifications certified by a professional engineer, which must include

(a) the construction of the mechanical ventilation system and equipment,

(b) the provision of a sufficient supply of fresh air to work areas,

(c) control of airborne dust,

(d) control of exposure to harmful substances or the creation of hazardous conditions, and

(e) prevention of the build-up of flammable and combustible substances in the air.

711(2)

An employer must develop and implement safe operating procedures for the mechanical ventilation system to specifications certified by a professional engineer, which must include

(a) maintenance of the ventilation system and equipment,

(b) maintenance of air pressure, air flow and velocity,

(c) provision of sufficient ventilation,

(d) testing requirements,

(e) location of testing, and

(f) frequency of testing and maintenance.

711(3)

An employer must ensure that a competent worker reviews maintenance and testing performed under subsection (2) to verify that the mechanical ventilation system is operating in accordance with the safe operating procedures.

711(4)

An employer must ensure that compressed air is not used for ventilation.

711(5)

Despite subsection (4), an employer may use compressed air for ventilation in refuge stations if it is part of the design under subsection (1).

712

An employer must ensure that a ventilation system in an underground mine maintains a minimum air velocity at working faces to prevent methane layering from occurring.

713

An employer must ensure that underground oil transformers rated at more than 1000 kilovoltamperes, garages, bulk oil storage areas and fuel stations are ventilated by air that flows directly to the return airway.

714

An employer must ensure that the operation of airlock doors does not compromise the effectiveness of the ventilation system.

715

An employer must ensure that

(a) ventilation stoppings between intake and return airways prevent air leaks,

(b) the space between the faces of ventilation stoppings and roadways is kept free of obstructions, and

(c) ventilation stoppings are constructed at crosscuts on each side of the conveyor system up to the last crosscut before the tail end of the last conveyor in order to minimize the potential contamination of those airways.

716(1)

An employer must ensure that worked-out or inaccessible areas of an underground mine are sealed off as soon as reasonably practicable after an area has been worked out or becomes inaccessible.

716(2)

An employer must ensure that seals are designed, constructed and installed to and otherwise meet specifications certified by a professional engineer, which must include the measures to be taken to contain fires, spontaneous heating or other hazards to workers.

716(3)

An employer must ensure that a seal is monitored to ensure that a hazard to workers is not created.

716(4)

If a hazard to workers is detected at the seal, an employer must ensure that all work that may be impacted by the hazard stops, except for work necessary to eliminate or control the hazard.

717

An employer must ensure that, in a system with chutes passing from an upper to a lower mine level, mineral or rock is kept in the chutes above the bulkhead to prevent any passage of air.

718(1)

An employer must ensure that an underground portion of a mine is divided into splits.

718(2)

An employer must ensure that each split and each working face in a split is supplied with a separate current of fresh air.

719

An employer must ensure that

(a) all main fans are monitored with automatic continuous ventilating pressure monitoring devices that are checked daily,

(b) a mine has a standby main fan, and

(c) a mine has an emergency power supply capable of running the main fan if the principle power source fails.

720

If a part of a ventilation system requires the reversal of air flow, an employer must ensure that safe operating procedures are developed to specifications certified by a professional engineer.

721(1)

An employer must ensure that the main surface ventilating fans

(a) are offset by not less than 5 metres from the nearest side of the mine opening, and

(b) have non combustible air ducts and housing.

721(2)

An employer must ensure that the mine opening referred to in subsection (1) is protected by one or more weak walls or explosion doors, or a combination of weak walls and explosion doors, located in direct line with possible explosive forces.

721(3)

Despite subsection (1), the main surface ventilating fan may be located directly in front of or over a mine opening if

(a) the opening is not in a direct line with possible air blasts coming out of the mine, and

(b) there is another opening not less than 5 metres and not more than 30 metres from the fan opening that

(i) is in a direct line with possible air blasts coming out of the mine, and

(ii) has explosion doors.

722

An employer must ensure that a booster fan

(a) does not restrict the free passage of air delivered by a main fan if the booster fans stops,

(b) stops if a main fan stops, and

(c) is continuously monitored by a system that alarms at a permanently attended monitoring station if the fan stops or its performance falls below an established efficiency level.

723(1)

An employer must ensure that an auxiliary fan is electrically grounded.

723(2)

An employer must ensure that a heading has an auxiliary ventilation system or a system of line brattices to direct ventilation so that the face of the heading is swept by the ventilating air supply if the heading

(a) is advanced more than 10 metres from the main ventilation circuit, and

(b) has a raise or sub-drift that is more than 10 metres from the main ventilation circuit.

723(3)

An employer must ensure that the distance referred to in subsection (2) is measured from the nearest rib.

723(4)

If a heading to be ventilated is less than 200 metres long, the auxiliary fan interlock requirement of clause 7.2.3 of CSA Standard M421‑16 (R2021), Use of electricity in mines, does not apply.

724(1)

If brattice or vent tubes are used to ventilate the working face, an employer must ensure that the brattice or vent tubes are kept as close as reasonably practicable to the working face.

724(2)

An employer must ensure that any ventilation control devices used in an underground mine that have the potential for electrical static discharge, including brattices or vent tubes, are constructed of materials that meet the requirements of CSA Standard CAN/CSA M427‑M91 (R2016), Fire performance and antistatic requirements for ventilation materials.

725(1)

An employer must ensure that

(a) if a fan associated with the ventilation system stops, workers in affected areas are immediately moved to a place that is adequately ventilated, and

(b) a competent worker tests and inspects the affected area to ensure it is adequately ventilated before workers enter or return to the area.

725(2)

Despite subsection (1), a competent worker may enter the affected area to test and inspect the affected area to ensure it is adequately ventilated.

729

An employer must ensure that not more than one piece of coal mining equipment operates in one split.

730(1)

An employer must ensure that, when workers are present underground, a competent worker

(a) is located underground,

(b) carries at all times a gas testing device for methane, carbon monoxide and oxygen,

(c) within 4 hours of each shift commencing work, uses the device referred to in clause (b) to inspect that part of the underground mine being worked, or intended to be worked, and all related roadways, and 

(d) inspects for gas at the working face of every work area, at the edge of the gob, in roof cavities and anywhere else that gas may accumulate, at reasonably practicable intervals. 

730(2)

An employer must ensure that the competent worker referred to in subsection (1) makes a report on the conditions of the areas inspected under subsection (1) and provides that report to the employer and a supervisor as soon as possible.

731

Despite section 162, an employer must ensure that

(a) a bleeder system is designed, constructed, installed and operated such that the flammable or combustible gas level does not exceed 40 percent of the lower explosive limit,

(b) workers are withdrawn from a work area if the amount of flammable or combustible gas in the air exceeds 40 percent of the lower explosive limit,

(c) the supply of electrical power is automatically cut off if the amount of flammable or combustible gas in the air exceeds 25 percent of the lower explosive limit, and

(d) workers do not operate diesel engines if the amount of flammable or combustible gas in the air exceeds 20 percent of the lower explosive limit.

732(1)

If a diesel vehicle is operated in an underground mine, an employer must ensure that a competent worker tests the air flow and the percentage of flammable or combustible gas present in the air

(a) at least once each week, and

(b) whenever an alteration is made in the quantity of air circulating.

732(2)

If the percentage of flammable or combustible gas measured under subsection (1) exceeds 15 percent of the lower explosive limit, an employer must ensure a competent worker

(a) performs further tests under subsection (1), and

(b) immediately notifies the employer and a supervisor of the results of the tests.

732(3)

If the percentage of flammable or combustible gas tested under subsection (1) exceeds 15 percent of the lower explosive limit continuously over a 24-hour period, an employer must install a system for the continuous monitoring of flammable and combustible gases.

732(4)

An employer must ensure the testing required by subsection (2) continues until

(a) the percentage of flammable or combustible gas measured is less than 15 percent of the lower explosive limit, or

(b) a system for the continuous monitoring of flammable or combustible gas is installed.

733(1)

An employer must ensure that procedures for degassing headings are developed to specifications certified by a professional engineer.

733(2)

If an accumulation of flammable or combustible gas cannot be safely removed, an employer must ensure the affected parts of the underground mine are sealed in accordance with section 716.

738(1)

An employer must ensure that coal-cutting equipment is equipped with detection equipment that continuously monitors the levels of flammable and combustible gases.

738(2)

An employer must ensure the sensor for the detection equipment under subsection (1) is installed

(a) as close to the cutting head as reasonably practicable, and

(b) not more than 3 metres from the cutting head.

738(3)

An employer must ensure that the detection equipment under subsection (1)

(a) has an alarm that warns workers if the level of flammable or combustible gas reaches 20 percent of the lower explosive limit of the flammable or combustible gas, and

(b) automatically cuts off power to the cutting head if the level of flammable or combustible gas reaches 25 percent of the lower explosive limit.

738(4)

If the alarm referred to in subsection (3)(a) is activated, the worker who is operating the coal-cutting equipment must

(a) back the equipment out of the working face, and

(b) tum off the power to the equipment.

741

An employer must ensure that any roof bolting equipment

(a) is equipped with a monitor for flammable and combustible gases,

(b) has controls that are interlocked with the monitor to prevent the operation of the roof bolting equipment when flammable or combustible gas readings exceed 25 percent of the lower explosive limit, and

(c) is equipped with an alarm that warns the worker operating the roof bolting equipment of flammable or combustible gas readings exceeding 20 percent of the lower explosive limit.

742(1)

An employer must ensure that there is a water supply designed to suppress airborne dust

(a) at a location where a mineral is transferred from a conveyor to a chute, a vehicle or another conveyor, and

(b) at the cutting teeth or picks of coal-cutting equipment.

742(2)

Subsection (1) does not apply to a location where mineral is conveyed from the conveyor of a vehicle.

742(3)

An employer must ensure that a roadway used by rubber-tired vehicles is treated or wetted to minimize the creation of airborne dust.

742(4)

An employer must ensure that there is an ongoing program for monitoring the concentration of respirable dust to which workers are exposed.

743(1)

This section does not apply to the part of a roadway within 10 metres of the working face while coal cutting is in progress.

743(2)

An employer must ensure that accumulation of combustible dust in an underground mine is kept as low as reasonably practicable. 

743(3)

An employer must ensure stone dusting application and dust testing procedures are developed to specifications certified by a professional engineer that include the measures to be taken to ensure all combustible dust is rendered inert.

743(4)

An employer must ensure that any part of a roadway is cleaned as thoroughly as reasonably practicable of all combustible dust before that part is treated for the first time with incombustible dust.

743(5)

An employer must ensure that the floor, roof and sides of a roadway that is accessible to workers are treated with incombustible dust.

745(1)

An employer must develop an explosion prevention plan to specifications certified by a professional engineer that includes the measures to be taken for the design, erection, location and maintenance of an explosion barrier.

745(2)

An employer must ensure that the condition and position of the explosion barriers required by subsection (1) are inspected by a competent person at reasonably practicable intervals.

747

Where interactions between adjoining underground mines may compromise the structural integrity of the underground mines or create other hazards to workers, any employer at such an adjoining underground mine must ensure

(a) an adequate distance is maintained between adjoining underground mines, or

(b) procedures are developed in accordance with specifications certified by a professional engineer that include the measures to be taken to protect the health and safety of workers at adjoining underground mines.

748

An employer must ensure that underground mines are not operated within 100 metres of a hole drilled or being drilled for oil or gas.

749

The employer must ensure that the working face is not advanced to within 50 metres of the surface or to within 100 metres horizontally of

(a) a projection onto the working face of a place that is likely to contain a dangerous accumulation of water or gas,

(b) inactive workings that have not been examined and found free from accumulations of water or gas, or

(c) the seam outcrop or subcrop.

749.1

An employer must ensure that shaft access and mine hoisting equipment, including rope haulage, is designed, constructed and installed to and otherwise meets specifications certified by a professional engineer.

749.4(1)

An underground mine manager certificate or underground mine foreman certificate may be issued by

(a) a Director, or

(b) an organization approved by a Director.

749.4(2)

A person may apply for an underground mine manager certificate or underground mine foreman certificate in a manner authorized by a Director.

749.4(3)

A Director may establish the qualifications and minimum standards that a Director considers necessary for a person making an application under subsection (2).

749.4(4)

A Director may compel a person who applies under subsection (2) to provide a Director or any organization under subsection (1) with any information that a Director determines is necessary for considering whether to issue an underground mine manager certificate or underground mine foreman certificate.

749.4(5)

A Director, at any time, may impose any terms and conditions that the Director considers necessary on the underground mine manager certificate or underground mine foreman certificate, and those terms and conditions are part of the underground mine manager certificate or underground mine foreman certificate.

749.4(6)

A person who is issued an underground mine manager certificate or underground mine foreman certificate must comply with the certificate.

749.8(1)

A Director, by notice in writing, may cancel an underground mine manager certificate or underground mine foreman certificate or suspend it for the period specified in the notice

(a) if the underground mine manager or underground mine foreman has failed to comply with a term or condition of the underground mine manager certificate or underground mine foreman certificate, or

(b) for any other reason that, in the opinion of the Director, warrants the cancellation or suspension of the underground mine manager certificate or underground mine foreman certificate.

749.8(2)

When a Director suspends an underground mine manager certificate or underground mine foreman certificate, the Director may impose any terms and conditions that the Director considers necessary.

749.8(3)

The terms and conditions under subsection (2) must be complied with or performed before the suspension may be lifted.

749.8(4)

A person whose underground mine manager certificate or underground mine foreman certificate has been suspended or cancelled must surrender the certificate immediately to an officer on request.