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 at a mine is

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

(b) cleaned often enough to prevent any dust from becoming a health or safety hazard.

533

An employer at a mine site must keep mine plans that include

(a) the workings surveyed, current to within three 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 operating property,

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

(f) exploration drill holes drilled for any purpose.

534

An employer must keep the records of an inspection required under this Part for not less than 12 months after the inspection unless a section requires them to be kept for a longer period.

535(1)

An employer at a surface mine must ensure that there is no excavation within

(a) 10 metres of a boundary of a mine operating property,

(b) 20 metres of a right of way for a highway or a thoroughfare,

(c) 30 metres of an oil or gas well, or

(d) 30 metres of a right of way for a pipeline or other utility corridor.

535(2)

An employer at a surface mine must ensure that the walls of excavations are designed to ensure the distances prescribed in subsection (1) are maintained.

536

An employer must ensure that stockpiles of mine materials that are open to the atmosphere or accessible to workers are constructed and marked in such a way that workers are not endangered by any surface or sub surface instability of the stockpiles.

537(1)

An employer must ensure that if a blast hole drill, rotary drill or other drill is used, the dust released is controlled.

537(2)

Repealed.

538(1)

An employer must ensure that, if it is reasonably practicable, workers do not take into an underground coal mine or other hazardous location light metal alloys that

(a) contain more than 15 percent aluminum by mass of the alloy or more than 15 percent aluminum, magnesium and/or titanium, taken together, by mass of the alloy, or

(b) contain more than 6 percent magnesium and/or titanium, taken together or separately, by mass of the alloy.

538(2)

Despite subsection (1), an employer may permit workers to take and use equipment that contains light metal alloys into a hazardous location if the equipment has protective design features that minimize the potential for incendiary friction or sparking.

538(3)

An employer must ensure that fan blades for auxiliary or booster fans to be used in an underground coal mine and that do not comply with subsection (1) are

(a) adequately coated with non sparking material,

(b) inspected by a competent person each time they are moved, or at least every 6 months, and a record of these inspections is kept at the mine, and

(c) taken out of service if the coating is damaged.

538(4)

This section also applies to hazardous locations at the surface of an underground mine.

539(1)

An employer must ensure that a haul road is built and maintained so that a vehicle can travel safely into or out of a mine.

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 to be stopped safely.

539(3)

An employer must ensure that

(a) any portion of a surface haul road that exposes mobile 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 haulage truck tire 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 haul truck in regular service on that road.

540

An employer must ensure that a dump or impoundment used for disposing of the following is stable:

(a) discard from the mine;

(b) refuse from the plant;

(c) rock and soil from the mine operation;

(d) mine and plant effluent.

541(1)

An employer must establish and put in place specifications and procedures, certified by a professional engineer, for the safe control of mine walls, including the overall slope of walls.

541(2)

An employer must ensure that

(a) undermining is not carried out in unconsolidated or blasted mine material,

(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 working near the working face, and

(e) safety berms are constructed and maintained so that accumulations of loose rock or other mine material do not create a hazard to workers on working benches.

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.

543(1)

An employer must ensure that appropriate flammable gas monitors are installed in a hazardous location and are continuously monitored via a remote monitoring and control system in a permanently attended surface communication station.

543(2)

An employer must ensure that the flammable gas monitors required by subsection (1)

(a) are installed in an appropriate place in each hazardous location, and

(b) repealed,

(c) will cause an alarm to sound in a permanently attended surface communication station if the content of the atmosphere exceeds 20 percent of the lower explosive limit of the gas being monitored.

544(1)

For the purposes of section 33(3) of the Act, an employer must notify a Director as soon as possible if any of the following occur:

(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) a vehicle that goes out of control;

(d) ignition of flammable gas, combustible dust or other material underground;

(e) workers are withdrawn from a hazardous location under emergency conditions;

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

(g) any other unusual incident or unexpected event that could have caused serious injury to a worker;

(h) outbursts and inrushes; or

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

544(2)

An employer must notify a Director as soon as possible if any of the following occur and the integrity of a dam or dike is affected:

(a) cracking or evidence of weakening or subsidence of a dam or impoundment dike;

(b) unexpected seepage or the appearance of springs on the outer face of a dam or dike;

(c) the freeboard of a dam or dike is less than adequate; or

(d) there is a washout or significant erosion to a dam or dike.

545(1)

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

545(2)

An employer must ensure that adequate rescue equipment and apparatus are available for immediate use at an emergency response station.

545(3)

An employer must ensure that there are sufficient workers at a mine site who are trained in the use and maintenance of rescue equipment.

546(1)

An employer must appoint a competent worker to be responsible for the training of workers designated under section 117.

546(2)

An employer must ensure that the emergency response workers referred to in subsection (1)

(a) are competent to perform the tasks assigned to them,

(b) are medically fit to perform rescue operations and other emergency work at a mine,

(c) qualify as standard first aiders in accordance with Part 11, and

(d) have completed training approved by a Director.

546(3)

An employer must ensure that the designated members of the emergency response team

(a) practice at least every 2 months, and

(b) make periodic tours of all of the workings so that they are familiar with the complete mine layout and the location of entrances and exits to work areas.

546(4)

At an underground coal mine, the underground coal mine manager must establish and maintain appropriately trained and equipped rescue teams as follows:

(a) if the number of workers underground at one time is less than 50, but greater than 10, a minimum of one team;

(b) if the number of workers underground at one time is greater than 50, a minimum of 2 teams;

(c) if the number of workers underground at one time is less than 10,

(i) maintain on site appropriately trained and equipped personnel to provide a first response and assessment capability, and

(ii) establish mutual aid agreements with external agencies to provide additional appropriately trained and equipped personnel.

547(1)

An employer at an underground coal mine must ensure that

(a) all workers newly employed at the mine receive training in the use of fire‑fighting equipment during the first 3 months of their employment, and

(b) all workers continually employed underground receive a practical course in the use of fire‑fighting equipment every 2 years.

547(2)

An employer must keep a record of the workers attending fire‑fighting training.

548(1)

An employer at an underground coal mine must ensure that

(a) not more than 700 litres of flammable liquid is stored in the mine unless the flammable liquid is stored in a fireproof receptacle or chamber,

(b) mine material likely to cause a fire does not accumulate in any working part of the mine,

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

(d) flammable construction material is not used in an area of the mine in which stationary compressors or other stationary equipment capable of producing more than 400 kilowatts is installed,

(e) tarred or other building paper is not used in the mine, and

(f) propane is not used in the mine except in mine heaters in portal structures.

548(2)

An employer at an underground coal mine must ensure that the following are constructed of non flammable material or treated to make them fire resistant:

(a) underground portals;

(b) main fan installations;

(c) booster fan installations;

(d) ventilation air crossings;

(e) stoppings, regulators and doors.

548(3)

An employer at an underground coal mine must ensure that workers use dust suppression devices if concentrations of dust may be hazardous.

548(4)

An employer at an underground coal mine must ensure that unattended conveyor belt transfer points have automatic fire warning devices that sound an alarm in the manned surface control room.

548(5)

An employer at an underground coal mine must ensure that equipment brought into the mine by workers uses fire resistant hydraulic fluids that meet the requirements of CSA Standard CAN/CSA‑M423‑M87 (R2007), Fire Resistant Hydraulic Fluids.

548(6)

Subsection (5) does not apply to the following vehicle components:

(a) axles;

(b) fluid couplings;

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

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

548(7)

Despite subsections (5) and (6), a vehicle that uses an automatic fire suppression system and associated automatic engine shutdown may be approved by a Director if the mine uses a continuous fire detection and gas monitoring system.

549(1)

An employer at an underground coal mine must ensure that, from not less than 5 metres on the air intake side to not less than 10 metres on the return air side, the roadway support and lining of a conveyor transfer or loading point installed in the mine is constructed

(a) of fire resistant materials, or

(b) subject to subsection (2), with the minimum amount possible of combustible materials.

549(2)

If reasonably practicable, an employer must ensure that combustible materials in a mine are treated with a fire resistant coating.

550

An employer at an underground coal mine must ensure that

(a) a clearance is maintained between the bottom rollers of conveyor belt systems and the floor of the roadway that permits workers to remove combustible material, and

(b) if the clearance is obtained by mounting the conveyor belt system on pillars, the pillars are of non flammable material.

551(1)

An employer at an underground coal mine must ensure that

(a) one or more fire detection systems are installed in the mine, and

(b) the system automatically activates an audible alarm in a permanently attended surface control room if the system stops working.

551(2)

A Director may require an employer to install a fire detection system at a specific location in an underground coal mine.

552

An employer at an underground coal mine must

(a) establish an effective emergency warning system that warns all workers at a work area of an emergency that requires prompt evacuation of the area, and

(b) ensure that the emergency warning system is tested at least once in every 12‑month period and the results of that test, including remedial actions to address any identified deficiencies, are recorded in a logbook or electronic record that is maintained at the mine for that purpose for a period of 3 years and is available to an officer upon request.

553

An employer at an underground mine must

(a) prepare procedures for safe evacuation of the mine,

(b) post copies of the procedures at conspicuous places on the surface and underground,

(c) ensure that all workers

(i) are instructed in the procedures,

(ii) recognize the emergency warning, and

(iii) are familiar with the emergency escape routes,

(d) ensure that a mock exercise for evacuation of the mine is conducted with all workers annually,

(e) prepare a report of the exercise identifying remedial actions to address any deficiencies, and

(f) ensure that a copy of the report is kept at the mine and is available to an officer upon request.

554(1)

An employer at an underground coal mine must ensure that fire‑fighting equipment is provided

(a) at or near every structure where fire may endanger life, and

(b) at all underground locations where a fire hazard may exist.

554(2)

An employer at an underground coal mine must ensure that if there is a fire, the direction of the mine ventilation air flow will not prevent or hamper the effective use of the fire‑fighting equipment.

554(3)

An employer at an underground coal mine must ensure that fire‑fighting equipment

(a) is inspected once a month,

(b) except for fire extinguishers, is tested once in every 3 month period, and

(c) the results of the inspection are recorded in a log book maintained for that purpose.

555

An employer at an underground coal mine must ensure that there are at least 2 suitable fire extinguishers

(a) at each stationary electric or diesel motor or transformer in the mine, and

(b) at each switchgear in use in the mine.

556(1)

An employer at an underground coal mine must ensure that there is a mine plan that shows the location of all fire‑fighting pipelines, water control valves, fire stations and fire cabinets in the mine.

556(2)

The employer at an underground coal mine must ensure that the mine plan is

(a) reviewed at intervals of not more than 3 months and updated as required, and

(b) readily available to workers in a work area during an emergency.

557

An employer at an underground coal mine must ensure that the water supply meets the following:

(a) the supply of available water intended for fire‑fighting is not less than 100 cubic metres;

(b) the system can supply water to any part of the mine at the pressure and volume necessary for fire‑fighting;

(c) if electric pumps are used to maintain the water supply, there is a standby pumping system of which the power supply is not dependent on the main electrical system for the mine; and

(d) if the main fire‑fighting water supply is located in a return air roadway, then supply control valves must be located at appropriate intervals in the intake air roadway(s).

558(1)

An employer at an underground mine must ensure that fire‑fighting water control valves meet the requirements of this section and are located

(a) on the intake side of conveyor loading points, transfer points and main junctions,

(b) along fire ranges so that the distance between valves is not more than 100 metres,

(c) at points central to room and pillar workings, and

(d) as close as is reasonably practicable to longwall faces.

558(2)

An employer at an underground coal mine must ensure that the fire‑fighting system and water control valves are capable of delivering a flow of not less than 4 litres per second.

558(3)

An employer at an underground mine must ensure that the following are as close as is reasonably practicable to each fire‑fighting water control valve:

(a) nozzles with a minimum internal diameter of 38 millimetres;

(b) hoses

(i) long enough to cover the distances between the valves,

(ii) with a minimum internal diameter of 38 millimetres, and

(iii) with a working pressure of 1000 kilopascals.

559(1)

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

559(2)

A refuge station must

(a) be big enough to accommodate all workers working in the vicinity during one shift,

(b) have water, air and a system that communicates effectively with the surface, and

(c) be separated from adjoining workings by closable fireproof doors arranged and equipped to prevent gases from entering the refuge station.

559(3)

An employer at an underground coal mine must ensure that the number of workers that can be accommodated in a refuge station is posted outside of the entrance to the station.

559(4)

Repealed.

560

Subject to sections 561 to 572, an employer must ensure that the installation, maintenance and operation of electrical equipment meets the requirements of CSA Standard CAN/CSA M421 00 (R2007), Use of Electricity in Mines.

561(1)

An employer must notify a Director before

(a) electrical energy is installed and used at a mine,

(b) repealed,

(c) electrical equipment is placed, installed or modified in an underground coal mine or a hazardous location, or

(d) an electrical distribution system is disconnected from the power source when a mine is to be abandoned or left unattended.

561(2)

An employer must ensure that a system referred to in subsection (1)(a) or (c) is not energized unless approved by a Director.

561(3)

A notification under subsection (1) must show the parts of the mine where the electrical energy is to be transmitted and used.

562(1)

An employer must ensure that electrical installations, repairs and modifications are made by an authorized worker.

562(2)

An employer must ensure that records of the installation of and repairs and modifications to electrical equipment are

(a) kept at the mine for 2 years following the activity, and

(b) available for inspection at the mine by an officer.

563(1)

An employer must ensure that all electrical equipment in a hazardous location on the surface is approved by the manufacturer or a professional engineer for use in the presence of the specific gas, vapour or dust that is or may be in the location.

563(2)

An employer must ensure that electrical equipment is repaired, adjusted or replaced in a hazardous location at a surface mine only

(a) after the equipment is disconnected from the power supply and is confirmed as disengaged, and

(b) if the electrician performing the work is satisfied that no dangerous concentration of flammable gas is present.

564(1)

An employer must ensure that electrical equipment is operated in an underground coal mine only after an underground coal mine electrical superintendent approves it.

564(2)

An employer must ensure that electrical equipment used in an underground coal mine is installed, reinstalled, repaired, maintained and tested under the supervision of an underground coal mine electrical superintendent.

564(3)

An employer must ensure that electrical equipment is repaired, adjusted or replaced in an underground coal mine only

(a) after the equipment is disconnected from the power supply and is confirmed as disengaged, and

(b) if the electrician performing the work is satisfied that no dangerous concentration of flammable gas is present.

565(1)

An employer must ensure that supply systems for mobile electrical equipment are tested to ensure the effectiveness of the ground fault tripping and ground conductor monitoring circuits

(a) before the equipment is put into service, and

(b) every 12 months while the equipment is in service.

565(2)

An employer must ensure that a record of the tests required under subsection (1) is

(a) kept at the mine for 2 years after the test, and

(b) available for inspection at the mine by an officer.

566(1)

An employer must ensure that battery charging stations in an underground mine are

(a) ventilated by intake air to ensure gases are diffused and the contaminated air is discharged directly into the return airway, and

(b) approved by a Director.

566(2)

An employer must ensure that workers do not repair batteries in an underground coal mine or other hazardous location.

567

An employer must ensure that the cable supplying a moveable switch house or substation from an overhead line

(a) is not more than 25 metres long unless

(i) the ampacity of the cable is at least 1/3 of the overcurrent protection setting of the supply, or

(ii) properly sized overcurrent protective devices are installed at the point of cable termination to the overhead line,

(b) has at the overhead line end a separate means of disconnection located on a power pole,

(c) is continuous, without cable couplers or junction boxes, and

(d) has conductors connected directly through suitable cable glands to the supply terminals of the switch house or substation.

568

An employer must ensure that in an underground coal mine the current of portable power cables supplying moveable electrical equipment and submersible pumps operating at a voltage exceeding 125 volts

(a) is automatically interrupted if there is a ground fault, and

(b) cannot be restored until the ground fault is removed.

569(1)

An employer must ensure that

(a) the surface of an underground mine has electrical distribution switchgear for isolating all underground electrical circuits, and

(b) an authorized worker is available to operate the switchgear whenever the circuits are energized.

569(2)

An employer must ensure that electrical distribution switchgear is not located nearer to the working face in an underground coal mine than the last ventilated cross cut.

570(1)

An employer must ensure that the ground electrodes at a surface mine and at the surface of an underground mine are inspected and tested every 12 months.

570(2)

An employer must ensure that a record of the tests required under subsection (1) is

(a) kept at the mine for 2 years following the activity, and

(b) available for inspection at the mine by an officer.

571

An employer must ensure that a worker who uses a welding unit in a mine uses a current return wire from the welding unit to the work area that has the same cross sectional area as the power lead wire.

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.

573(1)

An employer must not use a rubber‑tired, self‑propelled machine with a GVW of more than 32 000 kilograms at a mine site, other than a machine approved under the Traffic Safety Act, unless it, or a representative unit, is approved by a Director for use in Alberta.

573(2)

Despite subsection (1),

(a) a Director may request that any rubber‑tired, self‑propelled machine at a mine site be tested and approved for use, and

(b) all rubber‑tired, self‑propelled machines must meet the applicable requirements of sections 577 to 596.

573(3)

An employer may operate a rubber‑tired, self‑propelled machine with a load that weighs more than the manufacturer’s specifications for the maximum weight of a load if the employer

(a) prepares a report of the employer’s assessment of the hazards relating to the operation of the machine, and

(b) develops procedures

(i) that ensure the safe operation of the machine, and

(ii) that are approved by a Director.

574(1)

An employer must ensure that rubber‑tired, self‑propelled machines used in an underground mine meet the requirements of CSA Standard CAN/CSA M424.3‑M90 (R2007), Braking Performance — Rubber‑Tired, Self‑Propelled Underground Mining Machines.

574(2)

Repealed.

575(1)

This section applies to a prototype machine that is

(a) a new or used, rubber‑tired, self‑propelled, machine unit referred to in ISO Standard 6165: 2006, Earth‑moving machinery — Basic types — Vocabulary.

(b) intended for use at surface mines or at surface operations related to underground mines, and

(c) brought into Alberta for the first time.

575(2)

An employer must ensure that a prototype machine meets the requirements of the braking performance set by ISO Standard 3450: 1996, Earth‑moving machinery — Braking systems of rubber‑tyred machines — Systems and performance requirements and test procedures.)

575(3)

Repealed.

575(4)

Repealed.

575(5)

An employer must ensure that the manufacturer of a prototype self propelled machine or a professional engineer certifies that the prototype self propelled machine meets or exceeds the requirements of this section.

575(6)

An employer must ensure that a copy of the “Test Report” referred to in clause 8 of ISO Standard 3450: 1996 on the prototype machine is given to a Director.

576(1)

This section applies to a type of rubber tired, self propelled machine that

(a) is not included in ISO Standard 6165: 2006, Earth‑moving machinery — Basic types — Vocabulary,

(b) has a GVW of more than 32 000 kilograms, and

(c) is proposed by an employer for use in surface mines or at surface operations related to underground mines.

576(2)

An employer must ensure that a machine is not used in Alberta unless

(a) the braking systems of a representative unit of each type of machine are tested,

(b) the machine manufacturer or a professional engineer certifies that the machine meets or exceeds the stopping performance specified in section 7.6 of ISO Standard 3450: 1996, and

(c) a copy of the “Test Report” referred to in clause 8 of ISO Standard 3450: 1996 on the representative machine is given to a Director.

577

An employer must ensure that a rubber tired, self propelled machine 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 machine on all grades over which it operates.

578

An employer must ensure that a rubber tired, self propelled machine with hydraulically activated service brakes

(a) has a hydraulic system divided into 2 or more separate circuits that are independently activated, and

(b) meets the requirements of ISO Standard 3450: 1996.

579

An employer must ensure that a rubber tired, self propelled machine fitted with a divided or dual braking system has a visible or audible warning device that effectively alerts the operator when a part of the system stops working as designed.

580

If the emergency braking system of a rubber tired, self propelled machine is arranged to cause an automatic application of the service brakes when there is an accidental loss of air pressure in the main brake actuating system, an employer must ensure that the available brake application pressure does not fall below 415 kilopascals.

581

An employer must ensure that if air or air over hydraulic brake systems are fitted to a rubber tired, self propelled machine,

(a) all non braking secondary air circuits are supplied through check valves that isolate the secondary circuit involved if there is a sudden pressure drop in the main circuit,

(b) the total volume of air available in the main circuit for normal service brake application is not less than 12 times the total displacement volume of all brake actuators at full travel,

(c) a wet reservoir with an automatic water ejection valve or an air drying system is fitted between the compressor and the first brake service reservoir,

(d) the machine has gauges that

(i) meet the requirements of

(A) SAE Standard J209 (2003), Instrument Face Design and Location for Construction and Industrial Equipment, or

(B) SAE Standard J209 JAN87, Instrument Face Design and Location for Construction and Industrial Equipment,

(ii) are visible to the operator, and

(iii) show the air pressure in the main and emergency air circuits and the brake application pressure,

(e) the machine has a visible or audible warning device that effectively alerts the operator when the air pressure in the main service brake circuit falls below a predetermined pressure, and

(f) check valves protect air reservoirs from loss of pressure if the supply side leaks.

582

If a rubber tired, self propelled machine has auxiliary air reservoirs for modulated emergency brake application under driver control, an employer must ensure that the volume of air in the auxiliary reservoirs is not less than 6 times the total displacement volume of all brake actuators used to develop the emergency brake force.

583

An employer must ensure that a rubber tired, self propelled machine used in a surface mine with a GVW of more than 32000 kilograms and an air or air over hydraulic brake system has front wheel brake control that allows the operator to reduce the front wheel brake effort according to road conditions.

584(1)

An employer must ensure that a rubber tired, self propelled machine used in a surface mine or a surface operation related to underground mines has a mechanically activated parking brake that can hold the machine on a 15 percent grade when the machine is loaded to the machine’s GVW.

584(2)

An employer must ensure that the performance of a parking brake system is not affected

(a) if any of the air pressure in the system is lost, or

(b) if there is a dimensional change in the brake’s components.

585(1)

Subject to subsections (3) and (4), an employer must ensure that the service brakes are tested at regular intervals on a rubber tired, self propelled machine

(a) that has a GVW of more than 32 000 kilograms, and

(b) that travels at a speed of more than 10 kilometres per hour in normal operations.

585(2)

If a Director requests the testing, an employer must ensure that service brakes are tested at regular intervals on a rubber tired, self propelled machine that is not referred to in subsection (1).

585(3)

An employer must ensure that the service brakes of at least 30 percent of the machines referred to in subsections (1) and (2) in the employer’s fleet are tested in each year.

585(4)

An employer must ensure that the service brakes of all machines referred to in subsections (1) and (2) in the employer’s fleet are tested within a 3‑year period.

585(5)

If a rubber‑tired, self propelled machine does not meet the minimum brake performance requirements as determined by the employer or an officer, the employer must remove it from service until it meets the requirements.

585(6)

Despite subsections (3) and (4), an officer may request, at any time, that the service brakes of a vehicle be tested.

586(1)

An employer must ensure that the service brakes of a machine referred to in section 585 are tested under the supervision of a competent worker.

586(2)

An employer must ensure that the service brakes of a machine referred to in section 585 are tested

(a) at the machine’s normal operation speed,

(b) with the machine loaded to approximately the manufacturer’s specified maximum load weight, and

(c) on a straight, level road with a hard, dry surface.

586(3)

An employer must ensure that the following are measured and recorded when service brakes are tested:

(a) the distance travelled by the machine after the service brakes are applied to the maximum extent possible;

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

587(1)

An employer must ensure that a maintenance record is kept on each rubber tired, self propelled machine that includes

(a) all unsafe conditions of the machine,

(b) repairs to the machine, and

(c) copies of the machine’s periodic service brake tests if required by section 585.

587(2)

An employer must ensure that the maintenance record

(a) is kept at the mine for 3 years following the activity, and

(b) is available for inspection at the mine by an officer.

588(1)

An employer must ensure that a rubber tired, self propelled machine has an auxiliary power source that enables the operator to steer the machine to a safe stop if

(a) the machine depends on hydraulic power for steering, and

(b) the loss of hydraulic power might prevent the machine from being steered.

588(2)

Despite subsection (1), a rubber tired, self propelled machine does not require auxiliary steering if

(a) it is restricted to underground use, and

(b) it has a maximum speed of 20 kilometres per hour.

589

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

590(1)

An employer must ensure that an auxiliary steering system on a rubber tired, self propelled machine conforms to the requirements of SAE Standard J1511 FEB94/ISO 5010, Steering for Off‑Road, Rubber‑Tired Machines.

590(2)

The auxiliary steering system must

(a) come into use automatically or be activated manually if the power source fails, and

(b) operate a visible or audible warning device that effectively alerts the operator that steering power or power assistance is not available and emergency steering is being used.

591(1)

An employer must ensure that a rubber tired, self propelled machine has

(a) shock absorbing seats,

(b) a fail safe means of preventing unintentional 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 haulage trucks 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.

591(3)

If the load characteristics cause the front wheels of a rubber tired, self propelled machine to lift off the ground, an employer must develop procedures to protect workers from the related hazards.

592(1)

An employer must ensure that a rubber tired, self propelled machine has clearance lights that

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

(b) meet the requirements of

(i) SAE Standard J2042 July2006, Clearance, Sidemarker, and Identification Lamps for Use on Motor Vehicles 2032 mm or More in Overall Width, or

(ii) SAE Standard J2042 (2003), Clearance, Sidemarker, and Identification Lamps for Use on Motor Vehicles 2032 mm or More in Overall Width.

592(2)

An employer must ensure that the clearance lights of a rubber tired, self propelled machine are on when the machine’s engine is on.

592(3)

For the purpose 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.

593

An employer must ensure that means are provided to enhance or improve the operator’s line of sight if a rubber tired, self propelled machine restricts the operator’s ability to safely operate the machine.

594(1)

An employer must ensure that a rubber tired, self propelled machine has headlights, reversing lights, tail lights, retarder lights and brake lights, where applicable.

594(2)

An employer must ensure that headlights on a rubber tired, self propelled machine are properly aligned.

595(1)

An employer must ensure that, in an underground coal mine

(a) the sum of the horizontal clearances on each side of a rubber tired, self propelled machine is not less than 2 metres, and

(b) the vertical clearance between the highest point of a rubber tired, self propelled machine or its load and the lowest overhead obstruction is not less than 0.3 metres.

595(2)

Repealed.

596(1)

A worker must not leave a rubber tired, self propelled machine unattended underground unless the engine is turned off.

596(2)

A worker must not leave a rubber tired, self propelled machine unattended underground unless it is parked

(a) on level ground,

(b) with its downhill end turned into the rib, or

(c) with its wheels turned towards the rib and blocked.

597(1)

An employer must ensure that a diesel‑powered machine used in an underground coal mine meets the requirements of CSA Standard CAN/CSA M424.1‑88 (R2007), Flameproof Non‑Rail‑Bound, Diesel‑Powered Machines for Use in Gassy Underground Coal Mines.

597(2)

An employer must ensure that a diesel‑powered machine used in an underground mine, other than a coal mine, meets the requirements of CSA Standard CAN/CSA M424.2‑M90 (R2007), Non‑Rail‑Bound Diesel‑Powered Machines for Use in Non‑Gassy Underground Mines.

598

An employer must ensure that, in a hazardous location,

(a) all conveyor belting meets the requirements of CSA Standard CAN/CSA M422‑M87 (R2007), Fire Performance and Anti‑static Requirements for Conveyor Belting, and

(b) the conveyor belt system is fitted with a fire suppression system approved by a Director.

599(1)

An employer must ensure that a section of a conveyor belt system that is accessible to workers has

(a) a pull cord to stop the conveyor belt system in an emergency, 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 switch is installed on each conveyor belt that

(a) is sensitive to belt travel, and

(b) stops the drive motor if the belt or transfer chute or both are blocked or slip.

600

An employer must ensure that each part of an underground mine over which coal or another mineral is moved by a conveyor belt system has travelling room of at least 1 metre between a side of the conveyor belt and the edge of the roadway on the same side.

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 or the belt take up drums.

601(2)

An employer must ensure that, if dust may be a hazard, a belt conveyor discharge is constructed so that the amount of dust spilled or dispersed into the air is minimized or eliminated.

602(1)

An employer must ensure the following clearances are maintained along a conveyor belt:

(a) on the travelling side, if rubber tired vehicles are used, at least 2 metres more than the maximum width of the vehicle;

(b) on the travelling side, if track guided vehicles are used, not less than 0.3 metres between the vehicle and the conveyor belt;

(c) on the blind side, not less than 0.3 metres.

602(2)

An employer must ensure that there is a clearance of not less than 0.3 metres between the roof supports and the top of the load carried by a conveyor belt.

603(1)

A worker must not ride on a conveyor belt unless the conveyor installation is certified by a professional engineer and designated by the employer as a riding conveyor belt.

603(2)

An employer must ensure that a conveyor designated as a riding conveyor belt complies with the following:

(a) it is at no place steeper than 15 degrees from the horizontal plane;

(b) it has head room clearance along its entire length of at least 0.9 metres;

(c) it has a maximum belt speed of 2.65 metres per second;

(d) it has a belt width of not less than 915 millimetres;

(e) it has mounting platforms with non slip surfaces that

(i) are not less than 1.5 metres long and 0.6 metres wide, and

(ii) have a clearance of 2.4 metres above the platform for the length of the platform plus 10 metres beyond the platform in the direction the belt travels;

(f) it has dismounting platforms with non slip surfaces that

(i) are not less than 15 metres long and 0.6 metres wide,

(ii) are fitted with a handrail, and

(iii) have adequate head room clearance to allow workers to dismount without stooping;

(g) the mounting and dismounting platforms are electrically illuminated;

(h) it has reflective signs that clearly indicate

(i) the mounting platforms,

(ii) the dismounting platforms, and

(iii) the approaches to dismounting platforms at 30 metres, 20 metres and 10 metres from the dismounting place;

(i) it has a safety device that automatically stops the belt if a worker travels beyond the dismounting platform;

(j) it has automatic brakes that apply when the belt is stopping; and

(k) it has a safety device that automatically stops the belt if a tear or split in the belt is detected.

603(3)

An employer must develop safe operating procedures for workers who are required to travel on a riding conveyor belt.

603(4)

An employer must post the safe operating procedures for a riding conveyor belt in conspicuous and appropriate locations.

604

In an underground coal mine, the employer must ensure that a belt line is examined by a worker

(a) at least once during every work shift, and

(b) following the last work shift if there is an interruption in the work.

605

An employer must ensure that conveyor belt systems installed in an underground coal mine have carbon monoxide monitors that are linked to the fire detection system.

606(1)

An employer must ensure that conveyor roadways are kept clear of obstructions.

606(2)

An employer must ensure that conveyor roadways in an underground mine are at least 1.5 metres high.

606(3)

A worker must travel only in the clear space on the conveyor roadway.

607(1)

A mine blaster must immediately report to the employer

(a) the suspected, attempted or known unlawful entry into a magazine, or

(b) the unlawful removal of explosives or detonators from a mine site.

607(2)

An employer must immediately report to a Director

(a) the suspected, attempted or known unlawful entry into a magazine, or

(b) the unlawful removal of explosives or detonators from a mine site.

608(1)

An employer must provide workers with tools made of non‑sparking material for

(a) opening containers or packages of explosives,

(b) preparing explosives, and

(c) loading holes with explosives.

608(2)

A worker must use tools made of non‑sparking material for

(a) opening containers or packages of explosives,

(b) preparing explosives, and

(c) loading holes with explosives.

609(1)

An employer must not allow a worker to handle an explosive or a misfire in an underground mine unless the worker

(a) is an underground mine blaster, or

(b) works under the direct supervision of an underground mine blaster.

609(2)

A worker who is not referred to in subsection (1) must not handle an explosive or a misfire in an underground mine.

610(1)

An employer must not allow a worker to handle an explosive at a surface mine unless the worker

(a) is a surface mine blaster, or

(b) works under the direct supervision of a surface mine blaster.

610(2)

A worker who is not referred to in subsection (1) must not handle an explosive at a surface mine.

611

An employer must ensure that magazines in an underground mine are

(a) located and certified by a professional engineer, and

(b) approved by a Director.

612

An employer must ensure that

(a) a permanent illumination system is installed in a magazine, or

(b) only portable lights designed for use in hazardous locations are taken into a magazine.

613

An employer must ensure that

(a) stored explosives are examined often enough to ensure that no hazardous conditions arise because an explosive has deteriorated,

(b) all deteriorated or damaged explosives are removed from storage, and

(c) all deteriorated or damaged explosives are destroyed in accordance with the manufacturer’s specifications.

614

An employer must ensure that electric detonators are stored and transported with the leg wires coiled and shunted in the manner in which they are supplied by the manufacturer.

615(1)

An employer must ensure that only a mine blaster designated by the employer, or a worker working under the direct supervision of the designated mine blaster, has access to magazines.

615(2)

An employer must ensure that no worker, except a mine blaster or a worker working under the direct supervision of the designated mine blaster, has

(a) blasting apparatus at a mine site, or

(b) a key to a case, canister, storage box or magazine at a mine site.

616(1)

A mine blaster must ensure that, until the explosive is about to be primed, explosives or detonators that are removed from a magazine are

(a) kept in separate containers, and

(b) separated so that one cannot affect the other.

616(2)

An employer must ensure that the containers referred to in subsection (1) are

(a) lined with non conductive material,

(b) secured against unintentional movement or unauthorized access, and

(c) weatherproof.

616(3)

An employer must ensure that the explosives in a container are arranged and protected to ensure that they do not contact anything that may cause premature detonation.

616(4)

A mine blaster must ensure that the leg wires of electric detonators that are removed from a magazine are shunted until immediately before the detonator is connected to the blasting circuit.

617

An employer and a mine blaster must ensure that the oldest explosives in a magazine are removed for use first and are used first.

618(1)

An employer must ensure that a magazine record is kept at each magazine in which the mine blaster records

(a) immediately all explosives placed into or removed from a magazine,

(b) the number of failures of explosive charges at the end of each shift, and

(c) immediately all cartridges that are destroyed.

618(2)

An employer must retain the magazine record for at least 3 years from the date of the last entry.

619(1)

A worker must not take explosives into a building at a mine site other than a magazine.

619(2)

A worker must get a mine blaster to remove explosives that are in a building other than a magazine.

619(3)

If workers have explosives in their possession at the end of the work shift, the workers must return the explosives to a magazine.

620(1)

An employer must ensure that explosives are removed from a magazine and transported to a work area by a worker authorized by the mine manager.

620(2)

An employer must ensure that explosives are removed from a magazine and transported to a work area without undue delay.

621

A worker must not smoke tobacco or have an open flame or smouldering substance within 8 metres of a vehicle transporting explosives.

622(1)

An employer must ensure that a vehicle used to transport explosives complies with the following:

(a) it is not loaded until the vehicle is fully serviced, including fuelling;

(b) it has separate compartments for the explosives and detonators that prevent them from coming into contact with any metals or with each other;

(c) it is constructed so that the explosives cannot fall from the vehicle;

(d) it is maintained in good working order.

622(2)

An employer must ensure that a vehicle used to transport explosives is operated by a mine blaster or by a worker authorized by the mine blaster.

622(3)

An employer must ensure that a vehicle used to transport explosives is equipped with at least two 9‑kilogram ABC‑type fire extinguishers.

622(4)

An employer must ensure that a vehicle that is transporting more than 25 kilograms of explosives shows placards clearly marked “Explosives” in letters that are not less than 150 millimetres high.

623

An employer must ensure that explosives being transported are protected from rain and snow.

624

An employer must ensure that explosives are transported in their original packaging.

625(1)

An employer must ensure that detonators transported in a vehicle are separated from other explosives by a solid partition of wood or its equivalent that

(a) provides a distance of not less than 150 millimetres between the detonators and other explosives, and

(b) extends at least 150 millimetres above the highest level to which explosives are packed in the vehicle.

625(2)

An employer must ensure that a radio transmitter in a vehicle transporting electric detonators is switched off while the detonators are being placed into or removed from the containment areas.

626(1)

If a vehicle transporting explosives breaks down, repairs may be made to the vehicle without unloading the explosives if, in the opinion of the operator of the vehicle,

(a) the repairs are minor, and

(b) the repairs can be made without creating a hazard.

626(2)

If a vehicle transporting explosives breaks down, the explosives must be transferred to another vehicle or be removed from the vehicle if, in the opinion of the operator of the vehicle,

(a) the repairs are major, or

(b) the repairs cannot be made without creating a hazard.

626(3)

An employer must ensure that explosives removed from a vehicle that has broken down are placed under proper security

(a) at a safe distance from the track, road or highway, and

(b) not less than 300 metres from an inhabited building or a work area.

627(1)

An employer must ensure that explosives are handled, stored, used and destroyed in accordance with the manufacturer’s specifications.

627(2)

A worker must handle, store, use and destroy explosives in accordance with the manufacturer’s specifications.

628

A mine blaster must not use, or permit another worker to use, an explosive that, in the mine blaster’s opinion, is deteriorated, damaged or otherwise unsafe to use.

629(1)

An employer must ensure that the blast area is under the direction and control of a mine blaster.

629(2)

If there are 2 or more mine blasters at a blast area, an employer must designate one mine blaster to be the blaster in charge of all blasting operations at the blast area.

630

A worker must not approach, enter or remain in a blast area unless authorized to do so by the mine blaster.

631(1)

An employer and a mine blaster must ensure that

(a) the blasting operation and related activities are performed safely,

(b) all primers are made up at the blast area,

(c) only sufficient primers for the number of shots to be fired are made up prior to the loading,

(d) no explosive is forcibly pressed into a hole of insufficient size,

(e) before a charge is fired, explosives not required for the blast are removed from the blast area,

(f) workers who are not required for loading operations are outside the blast area during loading operations, and

(g) the firing lines and lead in lines required for electric detonation are in good condition.

631(2)

A mine blaster must supervise, where applicable, the connection of

(a) the detonator to the detonating cord,

(b) the blasting cable to the detonator wires, and

(c) the non electric lead in line detonator to the blast pattern.

631(3)

A mine blaster must, before the blast is fired, ensure that all workers are out of danger from the effects of the blast.

631(4)

A mine blaster must, before blasting, ensure that

(a) entrances and approaches to the blast area are effectively guarded to prevent unauthorized workers entering or remaining in the blast area, and

(b) the guards or equipment guarding the blast area remain in position until the blast area is cleared and work can resume safely.

631(5)

A mine blaster must give due warning of a blast.

631(6)

After the blast is fired, a mine blaster must

(a) examine the blast area, including blasting cables affected by the blasting, and

(b) take whatever action is necessary to allow work to be safely resumed.

632

A mine blaster must ensure that if secondary blasting is practised,

(a) blockholes are used whenever reasonably practicable,

(b) the blockholes are deep enough to accommodate both the charge of explosive and sufficient stemming to confine the charge, and

(c) 2 or more charges are not used on the same boulder unless the charges are detonated simultaneously.

633

A mine blaster must keep, in a log book that is kept at the mine for that purpose, a daily record at the end of the mine blaster’s shift showing the following:

(a) the number of holes charged;

(b) the number of detonators used;

(c) the number of holes blasted;

(d) the kind and amount of explosives used;

(e) the kind and quantity of explosives taken from the magazines;

(f) the number and location of misfires;

(g) the kind and quantity of explosives returned to the magazines;

(h) the number and location of any charges left unfired.

634

If a worker drives over or damages blasting lead wires or lines, that worker must immediately advise the mine blaster and the employer.

635

An employer must ensure that a blasting machine is under the direct supervision and control of a mine blaster while it is in the blast area.

636(1)

An employer and a mine blaster must ensure that

(a) explosives are not abandoned,

(b) a misfire that can be safely detonated or removed from its hole is not abandoned, and

(c) unused explosives are returned to their magazine or destroyed in accordance with the manufacturer’s specifications.

636(2)

An employer must ensure that, before a blast area is defined as safe,

(a) all portions of charges that have been blown from the blast area are treated as misfires, and

(b) all wrappings or containers used in the handling of the explosives are destroyed.

637(1)

A mine blaster must not abandon a misfire unless it cannot be safely detonated or removed from its hole.

637(2)

An employer must ensure that safe work procedures are developed for handling of misfires.

638(1)

A worker who finds an abandoned explosive must

(a) take all reasonable action to ensure that other workers who may be exposed to it are made aware of it, and

(b) report the find to the employer or to a mine blaster.

638(2)

An employer or mine blaster to whom an abandoned explosive is reported must

(a) take immediate steps to ensure that workers are protected from the hazards associated with the abandoned explosive, and

(b) notify a Director of the abandoned explosive.

639

An employer must ensure that a worker who initiates and tests a blasting circuit uses

(a) explosive initiating and testing devices designed and manufactured for that purpose, and

(b) explosive initiating and testing devices approved by CANMET or by a Director in a location where an explosion or fire hazard exists or may exist.

640(1)

An employer must ensure that a blasting machine is clearly marked with its capacity.

640(2)

A mine blaster must ensure that a blasting machine is tested before it is used for a blast that may require the machine’s maximum capacity.

641(1)

A mine blaster must ensure that

(a) all workers are outside the blast area before an electrical blasting circuit is tested, and

(b) an electrical blasting circuit is tested before firing to confirm that the circuit is complete.

641(2)

If electric blasting is performed with delayed action detonators, a worker must not return to the scene of the blasting operation until at least 10 minutes after the blasting circuit is closed.

642(1)

A mine blaster must ensure that

(a) power circuits used for blasting meet the requirements of clause 3.7 of CSA Standard CAN/CSA‑M421‑00 (R2007), Use of Electricity in Mines,

(b) the blasting machine or power source has adequate capacity for the number of detonators involved, and

(c) circuits supplying electricity for blasting are fed from

(i) a blasting machine,

(ii) an isolating transformer, or

(iii) a power source that does not supply any other equipment.

642(2)

A mine blaster must ensure that lead wires between the blasting machine and the zone of blasting operations

(a) are not less than No. 16 AWG in size,

(b) are readily identifiable as being for blasting use,

(c) are waterproof,

(d) consist of 2 insulated conductors,

(e) are used only for blasting,

(f) are kept at a distance of not less than 1.5 metres from a power or lighting cable, and

(g) are installed so that they do not touch pipes, rails or other electrically conductive materials.

642(3)

A mine blaster must ensure that expendable connecting wires used from the lead wires to the leg wires of the electric detonator are not less than No. 20 AWG in size.

643

Sections 644 to 657 apply to explosives used at surface mines.

644(1)

An employer must ensure that the blast area is clearly identified by posted signs or flagging.

644(2)

An employer must ensure that unauthorized mobile equipment, vehicles and workers do not inadvertently enter a blast area.

645(1)

A surface mine blaster must ensure that holes are stemmed.

645(2)

Subsection (1) does not apply to controlled blasting holes.

646

If an electrical storm is approaching the blast area, a surface mine blaster must ensure that

(a) no attempt is made to connect or fire a blast,

(b) all loading operations are stopped and workers are withdrawn to a safe distance from the blast area, and

(c) if charges are loaded and connected, workers are posted to prevent access to the blast area until the storm passes.

647(1)

A surface mine blaster must ensure that, if drill holes are being primed, detonating cord

(a) is cut from the reel and the reel moved away before other explosives are loaded,

(b) extends at least 1 metre from the hole in the case of holes that are 3 metres or more deep, and

(c) is drawn taut and made secure at the top of the hole.

647(2)

A surface mine blaster must ensure that inserting detonating cords, loading the hole and stemming is as continuous an operation as is practically possible.

647(3)

A surface mine blaster must ensure that

(a) no splices in the detonating cord are inserted within a blast hole,

(b) detonating cords are not coupled to a trunk line, charged hole or delay or relay until final blast preparation,

(c) the main or trunk line splices

(i) are tight square knots, or

(ii) are spliced by another method acceptable to the manufacturer,

(d) the trunk lines are free from kinks or coils when laid out,

(e) main or trunk lines are not laid out from a moving vehicle unless

(i) the surface mine blaster is in attendance at the rear of the vehicle, or

(ii) the vehicle is moving at idle speed,

(f) all connections in the line, other than splices, are tight and at right angles,

(g) detonators are not attached to the detonating cord until everything else is ready for blast initiation, and

(h) the detonator is attached to the detonating cord by a method acceptable to the manufacturer.

648(1)

An employer must ensure that only machinery directly involved in loading an explosive is operated within 8 metres of a hole being loaded with explosive.

648(2)

A worker must not load a hole or prime an explosive charge if machinery other than that directly involved in the loading is operating within 8 metres of the hole or the explosive charge.

648(3)

A worker must not smoke tobacco or allow an open flame or other possible means of ignition within 8 metres of a blast area.

649

A surface mine blaster must ensure that safety fuses protrude at least 1.5 metres from the drill hole.

650

A surface mine blaster must ensure that

(a) the blasting cable assembly is not grounded,

(b) the insulation of the blasting cable is kept in good condition to avoid grounding, and

(c) the splice connections between detonator wires and the blasting cable are kept clear of the ground or otherwise protected to prevent grounding.

651(1)

This section applies to electric blasting in the presence of electromagnetic radiation.

651(2)

If blasting is within 60 metres of an overhead power line, a surface mine blaster must ensure that precautions are taken to prevent

(a) an electrical charge build up in the blasting circuit, and

(b) damage or short circuiting of the overhead power line.

651(3)

An employer must ensure that electric detonators are not used at a blast area if radiofrequency transmitters or other radiofrequency fields are closer than the distances listed in Schedule 11, Tables 1 and 2.

651(4)

A surface mine blaster must ensure that lead wires laid out from the connecting wires are not within 1 metre of any trailing cables.

652

If a surface mine blaster is of the opinion that explosives are burning in a drill hole, the surface mine blaster must not allow a worker to return to the area of the hole until the surface mine blaster is of the opinion that it is safe to return.

653(1)

An employer must ensure that a misfire identified by a worker is not dug out by an excavator except under the direction of a surface mine blaster or a competent worker appointed by the employer.

653(2)

An employer must ensure that a hole drilled in order to blast or disperse a misfired charge is drilled under the direction of a surface mine blaster or a competent worker appointed by the employer.

654(1)

Subject to section 653(2), an employer must ensure that workers do not drill within 5 metres of a charged blast hole.

654(2)

If a charge or shot has been fired, an employer must ensure that workers do not drill until the area to be drilled is examined by a surface mine blaster for misfires and cut off holes.

655(1)

An employer must ensure that only sufficient explosives are taken to a mine to provide a 24 hour supply.

655(2)

A surface mine blaster must ensure that explosives and detonators, including detonating relays, are stored in separate operation storage boxes that are kept not less than 8 metres apart.

655(3)

An employer must ensure that the operation storage boxes are a type 6 magazine, as defined in the Storage Standards for Industrial Explosives (M81‑7/2001E), published by Natural Resources Canada.

655(4)

An employer must ensure that operation storage boxes are

(a) locked at all times when not in use,

(b) placed not less than 60 metres from a blasting area or an operating unit of equipment,

(c) placed not less than 8 metres from a track, roadway, travel way or power cable, and

(d) identified by a luminous or reflecting sign reading “Danger Explosives”.

656(1)

Before an electric blasting system is connected, a surface mine blaster must ensure that signs are posted around the blast area warning that mobile radio transmitters must be turned off within 20 metres of the blast area.

656(2)

If electric blasting is being conducted near a public road, an employer must ensure that an approach sign is posted on the road that reads as follows:
BLASTING
DRIVERS MUST TURN OFF MOBILE TRANSMITTERS UNTIL
FURTHER POSTED NOTICE
WATCH FOR IT ON THE RIGHT SIDE

656(3)

If electric blasting is being conducted near a public road, an employer must ensure that a departure sign is posted on the road that reads as follows:
YOU MAY RESUME TRANSMITTING
THANK YOU

657

A surface mine blaster must ensure that a charged hole is not left unattended unless

(a) if an electric detonator is being used, the ends of the electric detonator wires are shorted, and

(b) a warning sign is posted that reads as follows:

DANGER: CHARGED SHOT HOLES

658

Sections 659 to 679 apply to explosives used in underground mines or tunnels.

659(1)

An employer must ensure that a worker in an underground coal mine uses explosives or detonators that are classed as “permitted explosives” by an accredited laboratory.

659(2)

Despite subsection (1), a Director may issue an acceptance to use explosives that are not classed as “permitted explosives” if

(a) the proposed blasting is to be performed in solid rock,

(b) an application is made to a Director using the form in Schedule 11, Table 3, and

(c) the employer puts in place safety measures certified by a professional engineer.

659(3)

An employer must ensure that a worker does not take into an underground coal mine explosives that the worker cannot use under subsection (1) or (2).

660

An employer must ensure that explosives are not transported on an electric locomotive, on a conveyance moved by an electric locomotive or wire rope, on a conveyor or in a shuttle car unless the explosives

(a) are in special closed containers, and

(b) a Director gives permission in writing.

661

An employer must not allow workers to transport explosives on a hoist in a mine shaft unless procedures are developed to ensure the safe transport of the explosives.

662(1)

An employer must ensure that explosives taken underground are

(a) in a secure case or canister with detonators kept separately from the explosives, and

(b) in a quantity sufficient for a working shift.

662(2)

Repealed.

662(3)

An underground mine blaster must ensure that a case or canister

(a) is kept closed until immediately before the shot hole is charged, and

(b) is closed immediately after the shot hole is charged.

662(4)

Repealed.

662(5)

If there are two or more cases or canisters containing explosives at a working face because 2 or more workers are working together, the underground mine blaster must ensure the cases or canisters are kept as far apart as is reasonably practicable.

662(6)

A worker carrying electric detonators must not enter a room where lamps or batteries are charged.

663

An employer must ensure that a worker does not drill a hole within 300 millimetres of a hole that has contained explosives.

664(1)

An underground mine blaster must

(a) personally prepare all primer charges,

(b) make tests for the presence of flammable gas immediately

(i) before the holes are charged,

(ii) before the round is fired, and

(iii) after returning to the working face when a shot is fired,

(c) regulate the quantity of explosive used in each hole, and

(d) ensure that blasting cable is

(i) disconnected and short circuited and kept short circuited at the blasting apparatus end until ready to attach the blasting apparatus, and

(ii) staggered in length, at the detonator end, to prevent short circuiting.

664(2)

An underground mine blaster must not load or fire explosives if, within 25 metres of a hole,

(a) the atmosphere contains more than one percent of methane or 20 percent of the lower explosive limit of a flammable gas,

(b) there is coal dust that has not been treated with a minimum of 6 kilograms of incombustible dust per hole or 75 kilograms of incombustible dust per working face, whichever is greater, or

(c) the area has been thoroughly wetted.

664(3)

If the atmosphere within 25 metres of a hole contains more than one percent of methane or 20 percent of the lower explosive limit of a flammable gas, the underground mine blaster

(a) must not load the blast hole, and

(b) must fill the blast hole with stemming material.

664(4)

Before firing a round, an underground mine blaster must

(a) post guards not less than 75 metres from the blast area to stop workers from approaching the blast area while the shot is fired and the guards must remain in position until released by the blaster,

(b) couple the cables to the detonator and blasting apparatus, and

(c) take refuge in a manhole or other safe place not less than 75 metres from the blast area.

664(5)

An underground mine blaster must not allow a worker to return to the face after a blast until the expiration of a waiting period of at least 10 minutes or for a longer period determined by the underground mine blaster.

665(1)

An underground mine blaster must use a blasting cable

(a) designed for that purpose, and

(b) with a resistance of less than 2 ohms.

665(2)

An underground mine blaster must ensure that a cable used in blasting

(a) is not less than 75 metres long, and

(b) reaches from the blast area to a suitable refuge for the underground mine blaster.

666

A worker charging the shot hole must insert the detonator in the primer cartridge and insert the primer cartridge first with the detonator at the back of the hole.

667

An underground mine blaster must ensure that all the electric detonators used in the same round are made by a single manufacturer.

668

An underground mine blaster must ensure that all the charges to be fired in the same round are connected in series, except in shaft excavation work.

669

An underground mine blaster must ensure that only a water resistant explosive, or an explosive sheathed to make it waterproof, is used if water may enter the hole before it is fired.

670(1)

An underground mine blaster must ensure that

(a) all blast holes are stemmed,

(b) stemming is to the collar in shot holes, and

(c) a non flammable substance or material is used for stemming.

670(2)

If water stemming is used, the underground mine blaster must ensure that

(a) a layer of clay at least 100 millimetres thick is tamped into the hole between the charge and the stemming, or

(b) the water is in at least 2 separate packings.

671

An underground mine blaster must ensure that only holes to be fired in the same round are charged and tamped before the round is fired.

672(1)

A mine manager must ensure that a misfire is handled under the direct supervision of an underground mine blaster.

672(2)

If a misfire occurs, the underground mine blaster must ensure that

(a) no worker returns to the working face until the expiration of a waiting period of at least 10 minutes, and

(b) the blasting cable is disconnected from the blasting apparatus and the cable ends short circuited before a worker examines the misfire to determine the cause of the misfire.

672(3)

An underground mine blaster must ensure that a worker removes an explosive from a loaded blast hole only by using a jet of water.

672(4)

A worker must not pull a detonator lead wire from a charged blast hole.

673(1)

An attempt to detonate a misfire must be done as a single hole blast.

673(2)

If the attempt to detonate a misfire is unsuccessful, an underground mine blaster must ensure that the worker deactivating the misfire

(a) removes the minimum amount of stemming material from the misfired hole required to establish the true direction of the hole,

(b) fires a separate charge parallel to the misfired charge and no closer to it than 300 millimetres,

(c) after detonating the parallel hole, exercises extra caution while the rock broken by the blast is loaded out of the working face, and

(d) searches for cartridges, their parts or detonators during and after the rock loading is complete.

673(3)

If there is a faulty electric detonator, an underground mine blaster must ensure that a worker short circuits the leg wires.

674(1)

If a misfire is not deactivated in the same work shift as the one in which it occurred, the underground mine blaster must erect a warning board or fence bearing a sign “DO NOT ENTER – MISFIRE” across the whole width of the tunnel or location of the blast area before leaving the misfire unattended.

674(2)

An underground mine blaster must report to the blaster’s supervisor the location of a misfire that is not deactivated.

675

If compressed air is used to break coal, an employer must ensure that a professional engineer prepares a detailed procedure to be used and certifies it as safe.

676(1)

If an area of an underground mine is subject to sudden outbursts of gas or coal, a Director, on written application by the employer, may allow shock blasting.

676(2)

An application to a Director to allow shock blasting under subsection (1) must be prepared by a professional engineer and must include

(a) the location in the underground mine where the shock blasting will take place,

(b) detailed reasons for shock blasting, and

(c) the proposed safety procedures.

677

An employer must ensure that no worker remains in an underground mine at the time an underground blast is fired from the surface.

678(1)

When shots are fired from a permanent underground firing station, an employer must ensure that the only workers remaining in the blast area at the time of firing are

(a) the underground mine blaster, and

(b) not more than 2 blast guards appointed by the employer.

678(2)

When shots are fired from a permanent underground firing station, an employer must ensure that no worker, other than the underground mine blaster and blast guards, is downwind from where the shots are fired.

679(1)

If charges are placed directly on top of the material being blasted in an underground mine, an underground mine blaster must ensure that

(a) the charges weigh not more than 0.5 kilograms,

(b) not more than 2 charges are fired at any one time,

(c) only instantaneous detonators are used,

(d) the surrounding area within a radius of 10 metres is clear of coal dust and dusted with incombustible dust, and

(e) each charge is covered with stemming material and not less than 10 kilograms of incombustible dust.

679(2)

An underground mine blaster must ensure that, if charges are placed directly on top of the material being blasted in an underground mine, the charges are not fired if the methane content in the surrounding area is more than 0.3 percent (6 percent of the lower explosive limit).

679(3)

An underground mine blaster must ensure that if charges are placed directly on top of the material being blasted in an underground mine, a refuge or shelter for the blaster is located not less than 150 metres away from the charges.

680

This Division applies to underground coal mines.

681

An employer must ensure that the following mine plans, certified by a professional engineer, are submitted to a Director before the last day in September in each year for review:

(a) a proposed underground operations working plan for the next year’s operation;

(b) a ventilation plan for operations in the next year of operation.

682(1)

An employer must appoint a worker as an underground coal mine surveyor.

682(2)

An underground coal mine surveyor must make all surveys and mine plans required under this Part.

682(3)

All survey plans for an underground coal mine must be approved by a professional engineer.

683

An employer at an underground coal mine must ensure that a worker employed underground is under the supervision of the holder of an underground coal mine manager’s certificate or an underground coal mine foreman’s certificate.

684(1)

An employer must not appoint a worker as an underground coal mine manager or acting underground coal mine manager unless the worker holds an underground coal mine manager’s certificate deemed to have been issued under the Act by virtue of section 69(2) of the Act or issued under this Code.

684(2)

An employer must not appoint a worker as an underground coal mine foreman or acting underground coal mine foreman unless the worker holds an underground coal mine foreman’s certificate deemed to have been issued under the Act by virtue of section 69(2) of the Act or issued under this Code.

684(3)

An employer must not appoint a worker as underground coal mine electrical superintendent or acting underground coal mine electrical superintendent unless the worker holds an underground coal mine electrical superintendent’s certificate deemed to have been issued under the Act by virtue of section 69(2) of the Act or issued under this Code.

685(1)

An employer must

(a) appoint an underground coal mine manager to supervise daily activities at an underground coal mine, and

(b) notify a Director of the appointment without undue delay.

(c) repealed.

685(2)

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

(a) the foreman holds an underground coal mine foreman’s certificate,

(b) not more than 30 workers in total are working underground at any one time, and

(c) the appointment is for a period that does not exceed 7 calendar days.

685(3)

An employer must ensure that whenever the underground coal mine manager is absent from the mine site for a period not exceeding 7 calendar days, the underground coal mine manager maintains, as far as is reasonably practicable, constant communication with the mine site.

685(4)

An employer must appoint an acting underground coal mine manager for any absence of the underground coal mine manager that exceeds 7 calendar days but is less than 90 calendar days.

685(5)

An employer must

(a) appoint a new underground coal mine manager for any absence of the underground coal mine manager that exceeds 90 calendar days, and

(b) inform a Director of the appointment as soon as possible.

686(1)

If surface mining operations and underground coal mining operations with the same owner take place simultaneously and are in such proximity that mining in one may affect the safety of workers in the other, they must be declared a “combined operation” by

(a) the owner,

(b) an employer of the surface mine or an employer of the underground coal mine, or

(c) a Director.

686(2)

If surface mining operations and underground coal mining operations are declared to be a combined operation, overall control of the mining activities must be coordinated under the direction of a single mine manager, who may be the underground coal mine manager or the manager of the surface mine, without either being relieved of the responsibility for their separate mines.

686(3)

Nothing in subsection (2) shall be construed to mean that only one mine manager is required under this Code for 2 or more mining operations.

687(1)

Only a worker who is sampling, testing or inspecting at a working face may work alone at a working face.

687(2)

Subject to subsection (1), an underground coal mine manager must ensure that no worker works at producing coal while alone at a working face.

688(1)

A worker in a mine must immediately notify the workers and a mine official if the workers are exposed to a hazard if the worker discovers any of the following:

(a) the ventilation is interrupted;

(b) an air crossing, door, stopping, brattice or duct is damaged;

(c) an air flow in an air course is reduced by a disruption;

(d) a weakness in a roof or rib;

(e) a deficiency of a roof or rib;

(f) evidence of movement in a roof or rib;

(g) smoke or fire;

(h) an accumulation of gas or water;

(i) any other hazard to workers.

688(2)

If a worker at the surface of a mine discovers a hazard to workers in the mine, the worker must immediately notify a mine official.

688(3)

A mine official to whom a hazard to workers is reported under subsection (1) or (2) must

(a) take immediate steps to withdraw workers exposed to a hazard until the defect is remedied, and

(b) assess the hazard and remedy it if possible.

688(4)

The mine official must record an incident reported under subsection (1) or (2) and the record must be available for workers at the mine.

689

An underground coal mine foreman must ensure that entrances to any place found unsafe during a work shift are fenced, cordoned or taped off and signed at sufficient distances to prevent workers from entering the unsafe place.

690(1)

An employer must ensure that a shift report is completed by an underground coal mine foreman at a mine.

690(2)

At the beginning of a work shift, an underground coal mine foreman must read and initial the reports of the underground coal mine foreman of the immediately preceding shift and note whether a hazard has been reported.

690(3)

Before work begins, an underground coal mine foreman must inspect that section of the mine assigned to the underground coal mine foreman unless an inspection was carried out by an underground coal mine foreman within the immediately preceding 4 hours.

690(4)

Immediately at the end of a work shift, an underground coal mine foreman must post an inspection report that includes the names of workers remaining in the foreman’s section of the mine at the end of the work shift.

690(5)

The report posted under subsection (4) must be in the designated place and accessible to anyone who might need to determine the location and number of workers who are still underground.

691

An employer must ensure a daily report is kept in the shift report of

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

(b) the name of each worker who remains in the mine beyond the end of the regular shift.

692

An employer must

(a) provide or make available to each worker who goes underground approved self‑rescue personal protective equipment, rated at a minimum of one hour,

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

(c) ensure that each worker receives training in

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

(ii) the location of underground caches of additional self-rescue personal protective equipment,

(d) ensure that each worker receives refresher training every 3 months in the subjects referred to in clause (c),

(e) ensure that a record of the training is maintained at the mine for at least 3 years and is available to an officer upon request, and

(f) store and strategically locate as many additional units as may be required by workers walking from the most distant working face to the defined emergency exit during a mine emergency.

693(1)

An employer must

(a) ensure that workers entering a mine do not take smoking materials, matches or other means of ignition into the mine,

(b) direct all workers who enter a mine, or such number of workers as may be selected by the employer, to be searched to confirm that they are not carrying any prohibited means of ignition, and

(c) ensure that any worker who refuses to be searched is refused entry into the mine.

693(2)

Workers must not have in their possession, or otherwise transport, smoking materials, matches or other means of ignition when they enter a mine.

693(3)

A worker must not use smoking materials, matches or other means of ignition in a mine.

693(4)

Subsections (1) to (3) do not prohibit a worker from taking an approved explosive initiating apparatus or cutting equipment specifically permitted by this Code into a mine or from using it.

694

An employer must ensure that areas at the surface in which tobacco or matches or other means of ignition are not allowed are clearly marked as no smoking areas.

694.1

Equipment for use in underground coal mines that is approved to a current, relevant standard in another country can be used subject to the approval of a Director.

695(1)

An employer must ensure that propane installations in proximity to underground workings are installed and maintained in accordance with the manufacturer’s specifications and the Safety Codes Act.

695(2)

An employer must ensure that precautions are taken to prevent

(a) moving vehicles from contacting propane installations, and

(b) propane from collecting in low areas.

695(3)

An employer must ensure that propane installations are inspected once each week by a competent worker to ensure the propane does not leak into an underground working or ventilation system of the mine or a building or other structure.

695(4)

An employer must ensure that, as part of the mine maintenance scheme, a competent worker examines the burners, relighters, vapourizers, storage tanks and all associated protective devices every 3 months to ensure the equipment is functioning and there is no leakage of propane.

695(5)

An employer must ensure that a detection system operates at all times that

(a) will detect propane from leaking into the ventilation system of a mine, and

(b) visibly or audibly warns workers of the leak.

695(6)

An employer must ensure that no furnace or device for heating mine air is installed unless approved by a Director.

696(1)

An employer must ensure that bulk fuel storage facilities are located on ground that is impervious to the substances being stored.

696(2)

An employer must ensure that bulk fuel storage facilities are

(a) located at a lower ground elevation than the entrance to an underground working,

(b) placed in a secondary containment structure, or

(c) protected by an earthen berm to prevent propane or other fuel from entering the underground working.

697(1)

An employer must ensure that a mine has a voice communication system between the surface and underground that consists of interconnected voice communication stations.

697(2)

Subsection (1) does not apply to exploration drivages from the surface that are not more than 60 metres long.

697(3)

An employer must ensure that a voice communication system has a separate back-up power supply that operates if there is a power failure.

698(1)

An employer must ensure that interconnected voice communication stations in a mine are located at the following:

(a) the top and bottom of mine shafts and mine tunnel outlets and main hoisting and haulage engines;

(b) main electrical distribution centres, both at the surface and underground;

(c) main pumping stations;

(d) refuge stations;

(e) at the drive of a conveyor belt and, if the conveyor belt is more than 60 metres long, at the tail end of the conveyor belt;

(f) booster fans;

(g) underground garages and repair shops;

(h) a mining section as close as is practicable to the working face and, in the case of a longwall face, to each end of the working face;

(i) permanently attended surface stations.

698(2)

A Director may require an employer to locate interconnected voice communication stations in a mine at a place not referred to in subsection (1).

699(1)

An employer must ensure that a permanently attended surface communication station in the voice communication system of a mine has a telephone connection to the public telephone system.

699(2)

An employer must ensure that a communication station in the voice communication system of a mine has an audible alarm that is

(a) initiated from the permanently attended surface communication station, and

(b) sounded in case of emergency.

700(1)

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

700(2)

An employer must ensure, before a portal is constructed, that 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.

701(1)

An employer must ensure that there are at least 2 separate and independent mine openings or outlets by which workers can leave a mine.

701(2)

An employer must ensure that the mine openings

(a) repealed,

(b) are connected to the mine voice communication system.

701(2.1)

An employer must ensure that the mine openings or outlets are certified by a professional engineer so that in the event of any reasonably foreseeable incident, at least one opening will allow egress of workers.

701(3)

Subsection (1) does not apply to the following:

(a) a new mine where mine openings 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 a single means of exit in an underground working, an employer must ensure that the number of workers in the working is never greater than 9 in total, unless others are needed to secure the health and safety of those 9 workers in an emergency.

702(1)

The underground coal mine manager must ensure that shafts, tunnels, levels, ladders, stairs and similar installations used as escape ways

(a) are kept free from accumulations of ice and obstructions of every kind,

(b) have signs posted where necessary to show the direction to the surface outlet, and

(c) are provided with continuous directional guide lines or equivalent devices that are

(i) installed and maintained throughout the entire length of each escapeway,

(ii) made of durable material,

(iii) marked with reflective material every 8 metres,

(iv) located in a manner that allows effective escape,

(v) equipped with directional indicators, signifying the route of escape, and placed at intervals not exceeding 30 metres, and

(vi) securely attached to, and marked to show the location of, any self-rescue personal protective equipment storage locations in the escapeways.

702(2)

An underground coal mine manager must ensure that all water is conducted away from stairways.

702(3)

An employer must ensure that shafts, tunnels and slopes used as escape ways and inclined at more than 30 degrees from horizontal have ladders, walkways or other apparatus that

(a) are designed to allow workers to leave the mine safely,

(b) are kept in good repair, and

(c) lead to the mine opening.

702(4)

An employer must ensure that the airway and travelling road of an escapeway are not less than 2 metres high and 2 metres wide.

703(1)

An employer must ensure that a haulage mine level or tunnel in which workers normally travel has manholes or places of refuge at intervals of not more than 20 metres.

703(2)

Despite subsection (1), manholes or places of refuge are not required if

(a) the speed of haulage does not exceed 8 kilometres per hour, and

(b) there is clear standing room of at least 1 metre between the side of the equipment and the side of the road.

703(3)

An employer must ensure that a manhole or place of refuge is

(a) at least one metre wide, 1.3 metres deep and 1.8 metres high,

(b) kept clear at all times,

(c) clearly identified as a manhole or place of refuge, and

(d) numbered.

704(1)

An underground coal mine manager must ensure that diesel fuel tanks of vehicles filled underground are filled at designated fuel stations certified by a professional engineer.

704(2)

An employer must ensure that an underground fuel station

(a) has a smooth concrete floor,

(b) is constructed of non flammable material,

(c) has fireproof doors with the door nearest the fueling point opening outwards, and

(d) has a sump in the floor, or collecting pans, at possible spillage points.

704(3)

An employer must ensure that an underground fuel station has appropriate fire‑fighting equipment.

705(1)

An employer must ensure that diesel fuel supplied at a fuel station

(a) at least meets the requirements of CGSB Standard CAN/CGSB 3.16 99 AMEND, Mining Diesel Fuel, and

(b) is not stored underground in quantities greater than the quantity required for 24 hour’s work unless permission to store more is given by a Director.

705(2)

An employer must ensure that workers take precautions to prevent the diesel fuel from spilling while the fuel tanks are filled.

705(3)

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

705(4)

An underground coal mine manager must ensure that spilled oil and diesel fuel is immediately taken up with a non flammable absorbent material that is

(a) deposited in a fireproof receptacle, and

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

705(5)

An employer must ensure that a copy of subsections (1) to (4) is posted in a conspicuous place at an underground fuel station.

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 biased to return to the neutral position.

706(2)

If remote controlled equipment is used at a mine site, the employer must ensure it is used in accordance with the manufacturer’s specifications.

707(1)

If an entry or roadway is to be excavated in an underground coal 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.

707(2)

An employer must ensure that a professional engineer certifies

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

(b) the dimensions of all support pillars.

707(3)

The professional engineer referred to in subsection (2) must take 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); and

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

707(4)

Nothing in this section prevents a worker from setting additional supports if the worker considers them to be necessary for safety.

708(1)

If solid mineral pillars or blocks are to be extracted from a mine, an employer must ensure that a systematic method and sequence of extraction is prepared in which

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

(b) workers are not subjected to the hazard of the collapse of a side or rib.

708(2)

The method and sequence of extraction must be certified by a professional engineer.

709(1)

An employer must prepare a code of practice for installing and maintaining or removing ground supports that prescribes the procedures to be followed by workers.

709(2)

A mine official must post a copy of the code of practice prepared under subsection (1) in a conspicuous location at the mine.

710(1)

A worker must not remove a ground support without the permission of a mine official.

710(2)

If work requires the removal of ground supports prescribed by this Code, the underground coal mine manager must ensure that there are temporary supports in place.

710(3)

Despite subsection (2), other supports must not be used to protect workers from falling ground if

(a) supports are withdrawn from the gob, or

(b) supports are withdrawn under a roof that appears to the mine official to be insecure.

710(4)

A professional engineer must certify the means to be used to protect workers from falling ground if

(a) supports are withdrawn from the gob, or

(b) supports are withdrawn under a roof that appears to the mine official to be insecure.

711(1)

An employer must ensure that a mine has a mechanical ventilation system, certified by a professional engineer, that

(a) dilutes, displaces, eliminates or otherwise renders harmless all noxious or flammable gases and harmful substances,

(b) keeps work areas and accessible roads fit for workers to work or travel in,

(c) ensures that the air contains at least 19.5 percent oxygen by volume and not more than 0.5 percent carbon dioxide by volume, and

(d) ensures that a minimum volume of 1.9 cubic metres per second of air passes active working headings.

711(2)

An employer must develop safe operating procedures for the ventilation system that are certified by a professional engineer.

711(3)

An employer must ensure that

(a) the ventilation system is designed to prevent the raising of dust, and

(b) compressed air is not used for ventilation.

712(1)

An employer must ensure that a ventilation system in a mine maintains a minimum air velocity at working faces of 0.3 metres per second.

712(2)

An employer must ensure that a ventilation system maintains a minimum air velocity in roadways, other than working headings, of 0.3 metres per second unless methane layering is occurring, in which case the air velocity must be increased to prevent the methane layering.

712(3)

An employer must ensure that the velocity of the air in a ventilation system is not more than

(a) repealed,

(b) 5 metres per second in a coal conveyor road, and

(c) 8 metres per second in other roadways.

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(1)

An employer must ensure that airlock doors

(a) remain open no longer than is necessary for workers or vehicles to pass through,

(b) are designed to be self closing, and

(c) operate in such a way that if one door of the airlock system is open, the other door remains closed.

714(2)

A worker must not, without the authority of the employer,

(a) leave a ventilation door open that the worker found shut, or

(b) leave a ventilation door closed that the worker found open.

714(3)

An employer must ensure that an airlock located in major connections between the main air intake and the air return has a door system in which at least one door remains closed if there is an air reversal.

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 parts of a mine are sealed off.

716(1.1)

The seals referred to in subsection (1) must withstand an overpressure of at least 345 kilopascals.

716(2)

An employer must ensure that a worked out district is sealed off within 3 months after mining stops in the district.

716(3)

An employer must ensure that workers monitor conditions at a seal to ensure that a hazardous condition does not develop.

716(4)

An employer must ensure that a seal constructed to contain fire, spontaneous heating or another similar hazard is

(a) certified by a professional engineer,

(b) constructed to withstand the force of an explosion in the sealed off area, and

(c) has a method of sampling the atmosphere and draining water from behind the seal.

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 a coal 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.

718(3)

An employer must ensure that the return air from a working split goes directly to the return airway.

719(1)

An employer must ensure that

(a) all main fans in a mine have an automatic ventilating pressure recording device that is always operating and monitored 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 source of power fails.

719(2)

An employer must keep a record of the ventilating pressures taken and the dates on which they were taken.

720(1)

Repealed.

720(2)

A worker must not reverse the air flow of a main fan without the underground coal mine manager’s authorization.

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 used in a mine is electrically grounded.

723(2)

An employer must ensure that a heading that is advanced more than 10 metres from the main ventilation circuit and a raise or sub drift that is more than 10 metres from the main ventilation circuit 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.

723(3)

The distance referred to in subsection (2) must be 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 6.2.3 of CSA Standard M421‑00 (R2007), 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 advanced as close as possible to the working face.

724(2)

An employer must ensure that brattice or vent tubes used in a mine are constructed of materials that meet the requirements of CSA Standard CAN/CSA M427‑M91 (R2001), Fire Performance and Antistatic Requirements for Ventilation Materials.

725(1)

An employer must ensure that

(a) if a booster fan or auxiliary fan stops, workers in an area that is affected by the stopping move to a place that is adequately ventilated, and

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

725(2)

An employer must ensure that an auxiliary fan is not restarted unless a competent worker has

(a) inspected the area underground that is serviced by the auxiliary fan and has tested for flammable gases,

(b) declared in writing that it is safe to restart the auxiliary fan, and

(c) included a copy of the declaration in the supervisor’s shift report.

725(3)

An employer must develop a code of practice to be followed if a booster fan or an auxiliary fan stops and post it at a conspicuous location at the surface of the mine.

725(4)

Repealed.

726(1)

A worker must not stop a fan that provides ventilation for a mine without the consent of the mine official in charge.

726(2)

If workers withdraw because a fan stops or there is a decrease in ventilation, an employer must ensure that no worker is readmitted to the mine, to part of the mine or to a split until

(a) the fan is in operation and ventilation is restored,

(b) the work areas are examined by a mine official,

(c) a report that the workings are safe is made by a mine official in a book that is kept at the mine for that purpose, and

(d) a copy of the report is posted in a conspicuous location.

726(3)

Subsection (2) does not apply to the mine official examining the work area.

727(1)

An employer must appoint a competent worker who must measure the barometric pressure outside the mine and the velocity and quantity of air in all airways and old workings of the mine that are accessible to workers.

727(2)

An employer must ensure that measurements under subsection (1) are, at a minimum, taken

(a) at the main airway as near as is reasonably practicable to the point at which the air enters or leaves the mine,

(b) within each split or part of the mine

(i) as near as reasonably practicable to the points at which air enters and leaves the split or part of the mine, and

(ii) in longwall workings, within 10 metres of the working face in the intake and return airways,

(c) in other mining methods, as near as is reasonably practicable to the last open cross cut,

(d) as near as is reasonably practicable to the working face of each active heading, and

(e) at seals along intake air courses where intake air passes by a seal to ventilate active working sections.

727(3)

The appointed worker must notify the mine manager of any abnormalities in the barometric pressure or the velocity and quantity of air.

727(4)

An employer must ensure that the measurements under subsection (1) are taken at least once a week.

727(5)

If the quality or quantity of air passing a place where the measurements are taken may be substantially affected because the ventilation system of a mine is altered, an employer must ensure that the appointed worker repeats the measurements as soon as the effect of the alteration would be apparent.

727(6)

An underground coal mine manager must ensure that before the commencement of each work shift, the appointed worker takes temperature and barometric pressure readings outside the mine.

727(7)

An appointed worker must

(a) record the results of the measurements taken under this section in the log book provided by the employer for that purpose,

(b) sign each entry, and

(c) post a copy of the results at the portal.

728(1)

Repealed.

728(2)

An employer must ensure that all cross cuts except the one nearest to the working face are securely stopped off.

728(3)

Repealed.

729

An employer must ensure that not more than one coal mining machine operates in one split.

730(1)

An underground coal mine manager must ensure that a mine official

(a) always carries an approved gas testing device for methane, carbon monoxide and oxygen when underground, and

(b) within 4 hours of each shift commencing work, inspects, with the device referred to in clause (a), that part of the mine being worked, or intended to be worked, and all related roadways.

730(2)

A mine official must inspect 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.

730(3)

A mine official who makes the inspection must

(a) report to the mine manager on the conditions of the part of the mine, the roadways and the explosion barriers inspected for gas and ventilation, and

(b) enter and sign a detailed report of the inspection in a book kept at the mine for that purpose.

730(4)

An underground coal mine manager must ensure that a copy of the report is immediately posted at a conspicuous location at the mine or the entrance to the inspected part of the mine, or at a place designated by the underground coal mine manager.

730(5)

The report referred to in subsection (3)(b) must be examined and countersigned by the underground coal mine manager or designate at least once every day.

731(1)

An underground coal mine manager must ensure that workers are withdrawn from a work area if the amount of flammable gas in the general body of the air exceeds 40 percent of the lower explosive limit.

731(2)

An underground coal mine manager must ensure that the supply of electrical power is automatically cut off if the amount of flammable gas in the general body of air exceeds 25 percent of the lower explosive limit.

731(3)

An underground coal mine manager must ensure that workers do not blast if the amount of flammable gas in the general body of air exceeds 20 percent of the lower explosive limit.

731(4)

An underground coal mine manager must ensure that workers do not operate diesel engines if the amount of flammable gas in the general body of air exceeds 20 percent of the lower explosive limit.

731(5)

An underground coal mine manager must ensure that a bleeder system is designed such that the flammable gas level does not exceed 40 percent of the lower explosive limit.

732(1)

If workers operate a diesel vehicle in an underground coal mine, the underground coal mine manager must ensure that a worker measures the air flow and the percentage of flammable gas present in the general body of air at all points that the underground coal mine manager or a Director specify.

732(2)

Repealed.

732(3)

An underground coal mine manager must ensure that a worker takes the measurements required under subsection (1)

(a) at least once each week, and

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

732(4)

If the percentage of flammable gas measured under subsection (1) exceeds 15 percent of the lower explosive limit, the underground coal mine manager must appoint a competent worker who must

(a) take further measurements under subsection (1), and

(b) immediately submit a written report of the results to the mine manager.

732(5)

If the percentage of flammable gas measured under subsection (1) exceeds 15 percent of the lower explosive limit continuously over a 24 hour period, the employer must install a system of continuous methane monitoring.

732(6)

The measurements required by subsection (4) must continue to be taken until

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

(b) a system of continuous methane monitoring is installed.

733(1)

An employer must ensure that procedures for degassing headings are prepared and certified by a professional engineer.

733(2)

An employer must ensure that a copy of the procedures for degassing headings is posted at a conspicuous location at the mine.

734

An employer must ensure that workers remove standing gas in a mine under the direct supervision of a mine official.

735(1)

An employer must ensure that parts of a mine that are not being worked are, so far as is reasonably practicable, kept free of dangerous gases.

735(2)

Repealed.

736(1)

An employer must ensure that parts of a mine that cannot be kept free of accumulations of gas are fenced off.

736(2)

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

737

An employer must ensure that combustible gas detectors and other devices used for testing and measuring air quality, velocity and volume in a mine are approved for use in coal mines by one of the following:

(a) the United States Mine Safety and Health Administration, or its predecessors or successors in administration;

(b) the Ministry of Power of the Government of Great Britain, or its predecessors or successors in administration; or

(c) the Department of Natural Resources, Canada, or its predecessors or successors in administration.

(d) repealed.

738(1)

An employer must ensure that a coal cutting machine is equipped with a combustible gas detector.

738(2)

A worker operating a coal cutting machine must keep the combustible gas detector operating at all times.

738(3)

An employer must ensure that the sensing device of a combustible gas detector is installed

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

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

738(4)

Repealed.

738(5)

An employer must ensure that the combustible gas detector

(a) repealed,

(b) has a distinct and separate visible or audible warning that is activated if the level of flammable gas reaches 20 percent of the lower explosive limit, and

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

738(6)

If power to the cutting head is cut off, the operator must back the coal cutting machine out of the face and turn off the power to the machine.

739(1)

A worker must not use a portable combustible gas detector unless an underground coal mine manager authorizes its use.

739(2)

An underground coal mine manager may authorize a competent worker to use a portable combustible gas detector.

739(3)

A portable combustible gas detector must comply with section 737.

739(4)

An employer must ensure that before each shift, a portable combustible gas detector to be used underground is tested for accuracy and calibrated according to the manufacturer’s specifications.

740(1)

A worker may continue to operate a coal cutting machine that has a broken combustible gas detector if

(a) there is a continual monitoring by another combustible gas detector operated by a worker authorized under section 739, and

(b) the flammable gas reading at the operator’s cab does not exceed 15 percent of the lower explosive limit.

740(2)

A worker must not operate a coal cutting machine that has a broken combustible gas detector after the end of the work shift in which it broke down.

741(1)

An employer must ensure that a worker operating a roof bolter

(a) is competent to use a combustible gas detector,

(b) carries a combustible gas detector, and

(c) takes flammable gas readings at roof level.

741(2)

An employer must ensure that workers do not drill or install bolts at a location where methane readings exceed 25 percent of the lower explosive limit.

741(3)

Subsection (1)(a) and (b) do not apply if a working flammable gas monitor is installed on the bolter at roof level.

742(1)

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

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

(b) at the cutting teeth or picks of a coal cutting machine.

742(2)

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

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.

742(5)

A Director may require an employer to install dust collection devices on exhaust fans if a Director considers that conditions warrant doing so.

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(1.1)

If reasonably practicable, an employer must ensure that every area in an underground coal mine is kept free of accumulations of coal dust.

743(1.2)

An employer must file with a Director a copy of a stone dusting program for the mine, including the method and frequency of testing.

743(2)

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

743(3)

An employer must ensure that the dust on the floor, roof and sides consists of at least 80 percent of incombustible matter.

743(4)

Subsections (2) and (3) do not apply if the dust mixture on the floor, sides, timbers and roof of the roadway consists of at least 30 percent by weight of water.

743(5)

An employer must ensure that the minimum amount of incombustible matter prescribed by subsection (3) is increased by one percent for each 0.1 percent of flammable gas in the atmosphere if there is flammable gas in the ventilating current.

743(6)

Repealed.

743(7)

An underground coal mine manager must ensure that a part of a roadway is cleaned as thoroughly as is possible of all combustible dust before it is dusted for the first time with incombustible dust.

744

An employer must

(a) put in place and maintain sampling procedures to ensure the requirements of section 743 are met, and

(b) keep a record of the results at the mine site.

745(1)

An employer must develop an explosion prevention plan acceptable to a Director and certified by a professional engineer for the design, erection, location and maintenance of any explosion barriers included in it.

745(2)

An employer must ensure that the position of any explosion barrier is shown on the mine ventilation and emergency response plans.

746(1)

An employer must ensure that a worker does not weld, cut or solder using an arc or flame.

746(2), (2.1)

Repealed.

747(1)

The owners or prime contractors, if prime contractors are designated, of adjoining underground properties must ensure that a pillar is left in each seam along the boundary line common to the adjoining properties.

747(2)

The owners or prime contractors, if prime contractors are designated, of adjoining underground properties must ensure that together the pillars are a sufficient barrier to ensure the safety of workers in each mine.

747(3)

A professional engineer must determine the width of the pillar required to be left under subsection (1).

747(4)

An employer must not conduct mining operations within 100 metres of the boundary line of an underground mine referred to in subsection (1) until the determination is made under subsection (3).

747(5)

An employer must ensure that no mining is performed in the barrier pillar.

747(6)

The underground coal mine surveyor of one mine may enter an adjoining mine to survey the working face of that mine along the barrier pillar.

747(7)

An employer must

(a) ensure that an underground coal mine surveyor prepares plans of the survey of the working faces along the barrier pillar within 60 days of the extraction of coal adjoining the barrier pillar, and

(b) file the plans with a Director immediately after they are prepared.

748

An employer must ensure that workers do not mine coal within 100 metres of a drill hole drilled or being drilled for oil or gas, unless approved by a Director.

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 intending to use shaft access and mine hoisting equipment, including rope haulage, must prepare designs, plans and procedures, certified by a professional engineer, and submit them to a Director prior to beginning construction.

749.2(1)

A worker who handles, prepares, fires, burns or destroys an explosive or handles misfires at an underground mine site must hold an underground mine blaster’s certificate issued by a Director.

749.2(2)

A worker may apply for an underground mine blaster’s certificate in a manner authorized by a Director.

749.2(3)

An applicant for an underground mine blaster’s certificate

(a) must

(i) have at least 3 years’ experience in underground mining,

(ii) produce written evidence of having received adequate instruction and training in underground mine blasting by a worker competent in underground mine blasting, and

(iii) satisfy a Director that the applicant is competent to hold an underground mine blaster’s certificate,

or

(b) must satisfy a Director that the applicant holds valid and current documentation from an equivalent certifying authority in another jurisdiction of Canada that is an underground mine blaster’s certificate in that jurisdiction or that is recognized by a Director as the equivalent in that jurisdiction of an underground mine blaster’s certificate issuable under this section.

749.2(4)

A Director may issue an underground mine blaster’s certificate to a worker who complies with subsection (1), (2) and (3)(a), or (1), (2) and (3)(b).

749.3(1)

A worker who handles, prepares, fires, burns or destroys an explosive or handles misfires at a surface mine site must hold a surface mine blaster’s certificate issued by a Director.

749.3(2)

A worker may apply for a surface mine blaster’s certificate in a manner authorized by a Director.

749.3(3)

An applicant for a surface mine blaster’s certificate

(a) must

(i) have at least 3 years’ experience in surface mining,

(ii) produce written evidence of having received adequate instruction and training in surface mine blasting by a worker competent in surface mine blasting, and

(iii) satisfy a Director that the applicant is competent to hold a surface mine blaster’s certificate,

or

(b) must satisfy a Director that the applicant holds valid and current documentation from an equivalent certifying authority in another jurisdiction of Canada that is a surface mine blaster’s certificate in that jurisdiction or that is recognized by a Director as the equivalent in that jurisdiction of a surface mine blaster’s certificate issuable under this section.

749.3(4)

A Director may issue a surface mine blaster’s certificate to a worker who complies with subsection (1), (2) and (3)(a), or (1), (2) and (3)(b).

749.4(1)

A person may apply in a manner authorized by a Director for an underground coal mine manager’s certificate.

749.4(2)

A Director may issue an underground coal mine manager’s certificate to a worker

(a) if the worker

(i) is a professional engineer in the mining discipline,

(ii) has experience in underground coal mining totalling at least 5 years, including at least one year of working at the working face, and

(iii) has demonstrated knowledge of the Act, the regulations if any, the relevant portions of this Code and underground mine rescue acceptable to a Director,

(b) if a Director is satisfied that the worker has sufficient knowledge and experience in underground coal mining to manage underground coal mine activities safely, or

(c) if the worker satisfies a Director that the worker holds valid and current documentation from an equivalent certifying authority in another jurisdiction of Canada that is an underground coal mine manager’s certificate in that jurisdiction or that is recognized by a Director as the equivalent in that jurisdiction of an underground coal mine manager’s certificate issuable under this section.

749.5(1)

A person may apply in a manner authorized by a Director for an underground coal mine foreman’s certificate.

749.5(2)

A Director may issue an underground coal mine foreman’s certificate

(a) to a worker

(i) with experience totalling at least 5 years in an underground coal mine, including at least one year of working at the working face or its equivalent,

(ii) who is knowledgeable about blasting procedures and underground rescue procedures,

(iii) who holds a standard first aid certificate, and

(iv) who satisfies a Director that the applicant is competent to hold an underground coal mine foreman’s certificate,

or

(b) to a worker who satisfies a Director that the worker holds valid and current documentation from an equivalent certifying authority in another jurisdiction of Canada that is an underground coal mine foreman’s certificate in that jurisdiction or that is recognized by a Director as the equivalent in that jurisdiction of an underground coal mine foreman’s certificate issuable under this section.

749.6(1)

A person may apply in a manner authorized by a Director for an underground coal mine electrical superintendent’s certificate.

749.6(2)

A Director may issue an underground coal mine electrical superintendent’s certificate to

(a) a worker who is a professional engineer in the electrical discipline and has experience in underground coal mining totalling at least 2 years and has demonstrated knowledge of the Act, the regulations and the relevant portions of this Code acceptable to a Director,

(b) a worker who holds a trade certificate in the trade of electrician under the Apprenticeship and Industry Training Act or a certificate in the trade of electrician issued by another jurisdiction in Canada bearing an interprovincial standards red seal, demonstrates to a Director satisfactory knowledge of the Act, the regulations and the relevant portions of this Code and has at least

(i) 3 years of electrical experience in underground coal mining or its equivalent, or

(ii) 4 years of electrical experience, including at least one year in underground coal mining,

(c) a worker who has other training and experience acceptable to a Director, or

(d) a worker who satisfies a Director that the worker holds valid and current documentation from an equivalent certifying authority in another jurisdiction of Canada that is an underground coal mine electrical superintendent’s certificate in that jurisdiction or that is recognized by a Director as the equivalent in that jurisdiction of an underground coal mine electrical superintendent’s certificate issuable under this section.

749.7(1)

The term of a mining certificate is that stipulated by a Director in the certificate, which term is to have an expiry date not later than 5 years after the date of the issue of the certificate.

749.7(2)

Notwithstanding subsection (1), a mining certificate issued to an applicant who qualifies for it by virtue of virtue of section 749.2(3)(b), 749.3(3)(b), 749.4(2)(c), the portion of section 749.5(2) occurring after clause (d) or section 749.6(2)(d), as the case may be, expires at the time that the documentation referred to in that provision expires or otherwise terminates.

749.8(1)

Subject to this section, a Director may, by notice in writing, cancel a mining certificate or suspend it for the period specified in the notice if there is reason to believe that its holder

(a) has contravened the Act, the regulations or this Code,

(b) has otherwise used explosives, detonators or equipment in a manner that constitutes a hazard to the holder or other workers,

(c) is or was the holder of documentation referred to in section 469.6(2) and that documentation is suspended or cancelled,

(d) provided false information to a Director or an officer, or

(e) has done or has failed to do anything that, in a Director’s opinion, warrants the cancellation or suspension.

749.8(2)

A Director may for any reason reassess the competency of the holder of a mining certificate or require any specified training to be undertaken, or both.

749.8(3)

A Director who suspends or cancels a mining certificate shall give written reasons for the suspension or cancellation to the worker and the worker’s employer.

749.8(4)

The holder of a mining certificate shall surrender the certificate immediately to an officer on request if it is suspended or cancelled.

749.9(1)

A Director may grant a provisional certificate to a worker who

(a) applies for a mining certificate under this Part,

(b) is qualified to apply for an examination for that mining certificate, and

(c) satisfies a Director regarding the worker’s knowledge of the Act, the regulations and the relevant portions of this Code as they apply to the type of mining certificate applied for.

749.9(2)

A provisional certificate

(a) is valid for a period of not more than 18 months from the date of its issue, and

(b) is valid only at the mine specified on the certificate.

749.9(3)

A provisional certificate cannot be renewed after the expiry date unless the holder satisfies a Director that

(a) the worker is progressing through a course of study to the satisfaction of a Director, or

(b) the worker was unable, because of exceptional circumstances, to be present at the scheduled examination referred to in subsection (1)(b) related to the certification.

749.91(1)

An employer shall maintain records of the mining certificates and blasters’ permits and their holders at a work site and have them readily available for inspection by an officer or Director.

749.91(2)

The record for each mining certificate or blaster’s permit must include its holder’s name and its issuer, number and expiry date.

749.92

The fee to apply for a blaster’s permit is

(a) $50, or

(b) $75, if the applicant requests that the application be processed by a Director in one work day.

749.93(1)

The application fee to sit for or take an examination listed in subsection (2) is $50.

749.93(2)

If an examination is required by a Director, the following fees to sit and write an examination are payable:

(a) underground coal mine manager’s certificate:

(i) Paper 1 ‑ Legislation $100;

(ii) Paper 2 ‑ Gases, Shot Firing and Explosives $150;

(iii) Paper 3 ‑ Ventilation - Theory and Practice $150;

(iv) Paper 4 ‑ Practical $150;

(v) Paper 5 ‑ Machinery $150;

(vi) Paper 6 ‑ Surveying, Levelling and Geology $150;

(b) underground coal mine foreman’s certificate:

(i) Paper 1 ‑ Legislation $100;

(ii) Paper 2 ‑ Practical $150;

(c) underground coal mine electrical superintendent’s certificate:

Paper 1 ‑ Legislation and Practical $200;

(d) mine blaster’s certificate:

Paper 1 ‑ Legislation and Practical $100.