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A key element of an effective and comprehensive health and safety management system is a clear understanding of the reporting and notification requirements. All employees including employers, contractors, suppliers, and workers have specific reporting and notification responsibilities that help to ensure and demonstrate compliance with the legislation. Responsibilities are outlined in the Saskatchewan Employment Act, the Occupational Health and Safety Regulations, the Occupational Health and Safety (WHMIS) Regulations and the Mines Regulations. The legislation also outlines reporting and notification requirements for the Minister, the director of occupational health and safety, the chief occupational medical officer, the chief mines inspector, and the occupational health officers. Timelines may be associated with these requirements.

Employer, contractor or owner reporting and notification responsibilities

As an employer, contractor, or owner, you have reporting responsibilities about any new operation and for dangerous occurrences. Employers and contractors also have reporting responsibilities about any accidents causing serious bodily injury and lost-time injury in the workplace that requires medical treatment.

Employers must, if requested by the Minister, provide a report detailing all person-hours worked and work-related injuries of the previous year.

As an employer or contractor you must:

New operations

  • Notify the division of your intention to
    • begin a new construction operation that will employ more than 10 workers for six or more months;
    • begin an excavation site, trench, shaft or tunnel that a worker will be required or permitted to enter;
    • begin a high-risk asbestos process within 14 days.

Accidents causing serious bodily injury

Give notice as soon as possible to the division and a copy of the notice to each occupational health committee (OHC) co-chairperson or the representative about the cause or potential cause of death of a worker and about any worker required to be hospitalized for 72 hours or more. Conduct an investigation of the accident with the OHC co-chairpersons or representative where they are required by the Act and prepare a written report in consultation with the OHC co-chairpersons or representative.

Dangerous occurrences

  • Give notice as soon as is reasonably possible to the division and a copy of the notice to each OHC co-chairperson or representative of any dangerous occurrences regardless of whether or not a worker sustains an injury;
  • Prepare a written report in consultation with the OHC co-chairpersons or representative.

Injuries

In addition, you must report any lost-time injury in the workplace that requires medical treatment to the co-chairpersons or representative and provide reasonable opportunity to review the lost-time injury during normal working hours and without loss of pay or other benefits.

Building shafts work platform

  • Ensure that a platform used in a building shaft that has been moved is examined, a written report is made by the competent person and a report is kept.

Report about condition of plant

  • Provide the director with a written report of the condition of the plant by a qualified person, setting out the results of those tests or examinations.

Employer reporting and notification responsibilities

Violence prevention

  • Make readily available for reference by workers a copy of the policy statement required by section 3-21 of the Act.

Access to records

  • Allow members of the OHC or representative to examine any required workplace log book, inspection report or other record;
  • Notify a worker required to enter the confined space verifying that the confined space is not hazardous.

Accumulation, spill or leak of chemical or biological substance

  • Must investigate and prepare a written report in consultation with the OHC about any exposure of a worker to a chemical or biological substance that may affect their health and safety. The affected worker must receive a copy of the report.

Notice of contravention on a person

  • Provide the occupational health committee or representative with a written report of the progress that has been made toward remedying each contravention when a notice of contravention has been made;
  • If there is no OHC or representative, post in a conspicuous location at the place of employment a written report of the progress that has been made toward remedying each contravention;
  • Provide the occupational health officer who received the compliance undertaking or who served the notice of contravention with a written report of the progress that has been made toward remedying each contravention.

Inspections, inquiries and investigations

  • Compile occupationally related injury and illness statistics for the place of employment that protects the confidentiality of workers.
  • Provide statistics to:
    • the occupational health committee
    • the occupational health and safety representative, or
    • if there is no occupational health committee or occupational health and safety representative; the workers.

Requirement to perform tests or examinations

As an employer or owner, you must:

  • when requested, provide the director with a written report by a qualified person, setting out the results of tests or examinations related to the risk from exposure to a biological substance or chemical substance at work.

Competent person responsibilities in a hazardous confined space

As a competent person appointed by the employer, you must prepare a report in writing that includes:

  • the results of a hazard assessment, tests and determinations;
  • recommended special precautions and procedures to reduce the risk to a worker that are to be followed by a worker entering into, exiting from or occupying the confined space; and
  • recommended personal protective equipment to be used by a worker entering the confined space.

Additional contractor responsibilities

As a contractor you must:

  • Clearly post any prescribed notice in a readily visible location at a workplace or worksite where an employer, employer’s worker or self-employed person works. The posting must be in accordance with a contract between the contractor and the employer or self-employed person.
  • At major construction projects and oil and gas operations, notify every employer, worker and self-employed worker in writing about the details of your contract with the employer or self-employed person.

Worker responsibilities

As a worker, you must immediately report the condition of any equipment under your control you believe or have reason to believe is not in a safe condition to your employer.

As a member of the occupational health committee, you must maintain records with respect to the duties of the committee.

Reporting and notification requirements for mining operations

The reporting and notification requirements for mining operations are outlined in the Mines Regulations.

As an employer or contractor you must:

  • Provide the chief mines inspector written notice of your intention to start work, resume work after an interruption of two months or more, or start work at a major new part of a mine, as soon as possible.
    • Provide the chief mines inspector written notice 90 days prior to installing a hoist in a shaft and include the specifications and layout of the facility;
    • Provide notice as soon as possible to the division and a copy of notice to the each occupational health committee (OHC) co-chairperson or representative of any dangerous occurrence;
  • Prepare a written report of the investigation of the dangerous occurrence in consultation with the OHC co-chairpersons or representative;
    • Provide the chief mines inspector with any report prepared by a professional engineer or professional geoscientist related to the regulation if there is a potential danger to any worker. The report must be provided within the required time period*.

Shaft-sinking operation

  • Give the chief mines inspector a written notice :
    • as soon as possible but not later than 90 days before the start of a shaft-sinking operation;
    • of intention to drill any hole for the purpose of consolidating a shaft site by a grouting or freezing method, if a shaft is to be sunk in an area underlain by water-bearing or brine-bearing sedimentary strata;
  • if a shaft is to be lined with concrete or steel and concrete, notify the chief mines inspector of a reasonable maximum distance to be permitted between the lower extremity of the lining and the shaft bottom;

Hoisting

  • Ensure that a competent person notifies the hoist operator:
    • that the work or inspection in a shaft is about to begin or that a worker is about to enter or cross the compartment;
    • the hoist operator implements the established health and safety operational procedures.
  • Ensure that the notification is recorded in the hoist operator’s log book by the hoist operator and countersigns the entries made in the log book on a regular basis;
  • Provide a hoisting machinery log book for each hoist in a mine and ensure that a report is recorded in the hoisting machinery log book and countersigns the entries made at least weekly;
  • Provide an electrical hoisting equipment log book for each electrical hoist in a mine and ensure that a report is recorded in the electrical hoisting equipment log book and countersigns the entries made at least weekly;
  • Provide a rope record book for each hoisting compartment and countersign all entries made in the rope record book within one week of the entry being made;
  • Provide a hoist operator’s log book for each hoist; and ensure that the relevant information is recorded in the hoist operator’s log book;
  • Ensure that the details of each inspection, examination, test, maintenance, correction or repair action required are recorded in the hoist operator’s log book and countersign the entries made at least weekly;
  • Provide the chief mines inspector with a notice of intention to put a hoist into service in a mine for the first time, or before a hoist is put back into service after significant modifications have been made to it;
  • Ensure that records of the results of all tests required to putting a hoist in service are kept indefinitely
  • Notify the chief mines inspector:
    • at least three days before commissioning tests, of the time when the tests will be done;
    • of the measures taken to ensure that any hoist is in safe working condition before it is put back into service after it has been out of service for 15 months or more;
    • with a notice of intention to install automatic controls in a hoist and put into service for the first time, or before automatic controls on a hoist are put back into service after significant modifications have been made to them;
    • with a notice of intention to use a hoist with a smooth drum during shaft-sinking operations, preliminary development operations or other operations of a temporary nature at least 30 days before the hoist is put into service and details of the method to be used for tensioning the hoisting rope.
  • Ensure a competent worker examines, adjusts as necessary and tests rope attachments of a hoisting rope or balance rope that are first installed or are re-installed after they have been disassembled, before a hoist is put into operation and the competent worker records the results of the examination and any adjustments made in the hoisting machinery log book;
  • Ensure that a written record of any inspection, examination, repair or other activity carried out on a mechanical hoist system is recorded in the hoisting machinery log book by the person who carried out the activity;
  • Ensure that a written record of any inspection, repair or other activity carried out on a hoist system, all electrical components, electrical safety devices, and electrical signalling devices is recorded in the electrical hoisting machinery log book by a qualified worker who is authorized by the employer or contractor to carry out the activity;
  • Forward to the chief mines inspector information recorded in the rope record book as soon as possible after a rope is installed in a hoisting compartment and a report of any required electromagnetic test or any other approved test of a rope including graphs and interpretations within 30 days after the test;
  • Ensure that the hoist operator records the results of the test in the hoist operator’s log book and ensure that the competent worker who carries out any of the examinations required records the results of the examination in the hoisting machinery log book;
  • Ensure that a competent worker inspects and records in the hoisting machinery log book:
    • at least daily, the details of the inspection of hoisting and balance ropes;
    • at least monthly, the details of the inspection of hoisting ropes of drum hoists and friction hoists; , and
    • at least annually, the details of the inspection of hoisting, balance, guide and rubbing ropes; , and
  • Notify the chief mines inspector
    • of an unusual condition in a shaft rope where the condition of the rope is not sufficient for disposal;
    • with a written notice within 180 days when a hoisting rope is taken out of service;
    • of any suspension or revocation of authorization to act as a hoist operator and the reasons for it;
    • with a written notice to recommend a person qualified to take the hoist operator’s examination;
  • Ensure that a worker who is in charge of a conveyance operating under manual control notifies the hoist operator if a heavy or irregularly shaped load is to be transported.
  • Ensure that, on each shift before a conveyance operating under manual control is moved, the hoist operator records the results of each test of hoist breaks in the hoist operator’s log book.
  • Ensure that a hoist operator records the results of the overwind and underwind tests in the hoist operator’s log book.
  • Ensure that, before any worker is raised or lowered in a conveyance following a hoist stoppage for repairs or for another purpose or a stoppage of more than two hours, the hoist operator records the results of the test in the hoist operator’s log book.

Storage, transportation and use of explosives

  • Record information for each magazine;
  • Appoint a person who holds a valid blaster’s certificate or a temporary authorization to blast, to submit a written report to the employer or contractor summarizing the results of each weekly inspection of all magazines and day boxes;
  • Ensure that a vehicle being used to transport explosives is under the charge of a worker who holds a valid blasting certificate or a temporary authorization to blast and is not left unattended unless the supervisor records the details of the vehicle’s load and location in the shift record;
  • Report the details to the committee as soon as possible, of a vehicle that is refuelled while being used to transport explosives;
  • Inform the chief mines inspector when you suspend or revoke an authorization to act as a blaster immediately and the reasons for it;
  • Forward to the chief mines inspector a copy of any temporary authorization to blast issued pursuant to clause (a) within 14 days of issue;
  • Provide written notice to the chief mines inspector stating that a person is eligible to take the blaster’s examination if the person meets the qualifications;
  • Give notice to the chief mines inspector as soon as is reasonably possible when a defective explosive or detonator is discovered;
  • Obtain the written approval of the chief mines inspector of the disposal procedure to be used.

Misholes

As a blaster, you must notify the direct supervisor before commencing drilling.

As a direct supervisor, you must record the location of each mishole remaining at the end of a shift in the shift record.

Additional employer or contractor responsibilities:

As an employer or contractor, you must:

Other underground operations at a mine

  • Ensure the records of the air quality program are readily available to workers;
  • Ensure the results of brake testing before putting a vehicle into service at a mine and following a major repair to the braking systems of any vehicle are recorded in the vehicle maintenance record;
  • Ensure the results of testing of the braking systems of each vehicle at the beginning of each shift are recorded in the vehicle record;
  • Ensure the details of each pre-operation inspection conducted are recorded in the vehicle record by the person who performed the inspection;
  • Ensure a competent person records the details of the maintenance and repairs in the vehicle maintenance record;
  • Ensure any traffic control plan is made readily available for reference by workers;
  • Submit a written dump plan at least 14 days before beginning construction of the dump, roads and ramps that are part of the dumping operation to the chief mines inspector;
  • Ensure that a dump plan is made readily available to workers at the mine;
  • Ensure a copy of the work plan readily available to workers at the stockpile;
  • Ensure that a record of any inspection or maintenance activity of all diesel engines carried out by a qualified person for defects and unsafe conditions as often as is necessary is recorded in the vehicle maintenance record or the maintenance record;
  • Ensure that a competent person is responsible for conducting required non-particulate exhaust emission tests and that the competent person records the results of any test done in a maintenance record;
  • Ensure that a competent person is responsible for conducting required particulate exhaust emissions tests and that the competent person records the results of any tests done;
  • Provide the committee with a copy of the result;
  • Submit a copy of the results to the chief mines inspector;
  • Ensure that a competent person prepares a written report containing the details of each monthly inspection of fire-fighting equipment, that the inspection report is recorded by the competent person and countersigned by the employer, is located at the place of employment and made readily available to workers;
  • Ensure that a competent person is responsible for inspecting each underground fuel station weekly and that the results of each inspection conducted are recorded;
  • Notify or submit to the chief mines inspector:
    • For dam construction underground, submit for approval at least 14 days before beginning construction on a dam:
      • a plan of the bulkhead designed by a professional engineer;
      • the structural designs and specifications for the bulkhead;
      • the design calculations for the bulkhead;
      • detailed drawings of the bulkhead.
    • of the construction as soon as is practicable after the construction of an emergency dam or bulkhead begins.
    • regarding the dam or bulkhead:
      • a plan designed by a professional engineer;
      • the structural designs and specifications;
      • the design calculations;
      • detailed drawings.

Emergency response and mine rescue when underground at a mine

  • Submit the details of any emergency warning system, or any modification to it, to the chief mines inspector before installing or significantly modifying any emergency warning system;
  • Submit, at least once during each calendar year, a report of the testing of the emergency warning system and plan to the chief mines inspector;
  • Ensure that accurate training records are kept for each mine rescue worker;
  • Ensure that accurate training records are kept for each mine rescue instructor;
  • Provide a written notice to the chief mines inspector stating that a person meets the qualifications to take the mine rescue worker examination;
  • Provide a written notice to the chief mines inspector stating that a person meets the qualifications to take the mine rescue instructor examination;
  • Ensure that the results of each refuge station inspection conducted at least once a month are recorded by the competent person and countersigned by the employer;

Abandoning workings

  • Provide written notice to the chief mines inspector of an intended closing or abandonment of a mine or a major part of a mine;
  • Ensure that all required plans are updated, certified as correct and forwarded to the chief mines inspector;
  • Notify the chief mines inspector in writing, at least 14 days before disposal of explosives, of the disposal procedure to be used in accordance with the manufacturer’s instructions;

Worker responsibilities

As a worker, immediately notify the employer or contractor if you detect or suspect flammable gas underground and cease any work or activity that may ignite the gas.

SASKATCHEWAN EMPLOYMENT ACT
S.S. 2013, c. S-15.1

Part III OCCUPATIONAL HEALTH AND SAFETY

Section 3-1 Interpretation of Part

3-1. (1) In this Part and in Part IV:

(a) "biological substance" means a substance containing living organisms, including infectious micro-organisms, or parts of organisms or products of organisms in their natural or modified forms;

(b) "chemical substance" means any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour, other than a biological substance;

(c) "chief mines inspector" means the chief mines inspector appointed pursuant to section 3-5;

(d) "chief occupational medical officer" means the chief occupational medical officer appointed pursuant to section 3-4;

(e) "competent" means possessing knowledge, experience and training to perform a specific duty;

(f) "compliance undertaking" means a compliance undertaking entered into pursuant to section 3-38;

(g) "contractor" means a person who, or a partnership or group of persons that, pursuant to one or more contracts:

(i) directs the activities of one or more employers or self-employed persons involved in work at a place of employment; or

(ii) subject to subsection (3), retains an employer or self-employed person to perform work at a place of employment;

(h) "director of occupational health and safety" means the director of occupational health and safety appointed pursuant to section 3-3;

(i) "discriminatory action" means any action or threat of action by an employer that does or would adversely affect a worker with respect to any terms or conditions of employment or opportunity for promotion, and includes termination, layoff, suspension, demotion or transfer of a worker, discontinuation or elimination of a job, change of a job location, reduction in wages, change in hours of work, reprimand, coercion, intimidation or the imposition of any discipline or other penalty, but does not include:

(i) the temporary assignment of a worker to alternative work, pursuant to section 3-44, without loss of pay to the worker; or

(ii) the temporary assignment of a worker to alternative work, without loss of pay to the worker, while:

(A) steps are being taken for the purposes of clause 3-31(a) to satisfy the worker that any particular act or series of acts that the worker refused to perform pursuant to that clause is not unusually dangerous to the health or safety of the worker or any other person at the place of employment;

(B) the occupational health committee is conducting an investigation pursuant to clause 3-31(b) in relation to the worker’s refusal to perform any particular act or series of acts; or

(C) an occupational health officer is conducting an investigation requested by a worker or an employer pursuant to clause 3-32(a);

(j) "employer" means, subject to section 3-29, a person, firm, association or body that has, in connection with the operation of a place of employment, one or more workers in the service of the person, firm, association or body;

(k) "equipment" means any mechanical or non-mechanical article or device, and includes any machine, tool, appliance, apparatus, implement, service or utility, but does not include the personal property owned by an individual unless that property is used in the carrying on of an occupation;

(l) "harassment" means any inappropriate conduct, comment, display, action or gesture by a person:

(i) that either:

(A) is based on race, creed, religion, colour, sex, sexual orientation, marital status, family status, disability, physical size or weight, age, nationality, ancestry or place of origin; or

(B) subject to subsections (4) and (5), adversely affects the worker’s psychological or physical well-being and that the person knows or ought reasonably to know would cause a worker to be humiliated or intimidated; and

(ii) that constitutes a threat to the health or safety of the worker;

(m) "notice of contravention" means a notice of contravention served pursuant to section 3-38;

(n) "occupation" means employment, business, calling or pursuit;

(o) "occupational health and safety" means:

(i) the promotion and maintenance of the highest degree of physical, mental and social well-being of workers;

(ii) the prevention among workers of ill health caused by their working conditions;

(iii) the protection of workers in their employment from factors adverse to their health;

(iv) the placing and maintenance of workers in working environments that are adapted to their individual physiological and psychological conditions; and

(v) the promotion and maintenance of a working environment that is free of harassment;

(p) "occupational health and safety representative" means an occupational health and safety representative designated pursuant to section 3-24;

(q) "occupational health and safety service" means a service organized in or near a place of employment for the purposes of:

(i) protecting workers against any health or safety hazard that may arise out of their work or the working conditions under which it is carried on;

(ii) contributing to the workers’ physical and mental adjustment in their employment and their assignment to jobs for which they are suited; and

(iii) contributing to the establishment and maintenance of a high degree of physical and mental well-being in the workers;

(r) "occupational health committee" means an occupational health committee established pursuant to section 3-22 or 3-23 or the regulations made pursuant to this Part;

(s) "occupational health officer" means a person appointed as an occupational health officer pursuant to section 3-6;

(t) "owner" includes:

(i) a trustee, receiver, mortgagee in possession, tenant, lessee or occupier of any lands or premises used or to be used as a place of employment; and

(ii) any person who acts for or on behalf of a person mentioned in subclause (i) as that person’s agent or delegate;

(u) "physician" means a duly qualified medical practitioner;

(v) "place of employment" means any plant in or on which one or more workers or self-employed persons work, usually work or have worked;

(w) "plant" includes any premises, site, land, mine, water, structure, fixture or equipment employed or used in the carrying on of an occupation;

(x) "practicable" means possible given current knowledge, technology and invention;

(y) "prime contractor" means the person who is the prime contractor in accordance with section 3-13;

(z) "reasonably practicable" means practicable unless the person on whom a duty is placed can show that there is a gross disproportion between the benefit of the duty and the cost, in time, trouble and money, of the measures to secure the duty;

(aa) "registered nurse" means a nurse registered pursuant to The Registered Nurses Act, 1988;

(bb) "self-employed person" means a person who is engaged in an occupation but is not in the service of an employer;

(cc) "structure" includes any building, support for equipment, factory, road, dam, bridge, waterway, dock, railway or excavation;

(dd) "supervisor" means an individual who is authorized by an employer to oversee or direct the work of the employer’s worker;

(ee) "supplier" means, unless otherwise stated, a person who supplies, sells, offers or exposes for sale, leases, distributes or installs any biological substance or chemical substance or any plant to be used at a place of employment;

(ff) "train" means to give information and explanation to a worker with respect to a particular subject-matter and to require a practical demonstration that the worker has acquired knowledge or skill related to the subject-matter;

(gg) "worker" means:

(i) an individual, including a supervisor, who is engaged in the service of an employer; or

(ii) a member of a prescribed category of individuals;

but does not include an inmate, as defined in The Correctional Services Act, 2012, of a correctional facility as defined in that Act who is participating in a work project or rehabilitation program within the correctional facility;

(hh) "worksite" means an area at a place of employment where a worker works or is required or permitted to be present.

(2) In this Part:

(a) if a provision refers to any matter or thing that an employer is required to do in relation to workers, the provision applies to workers who are in the service of that employer, unless the context requires otherwise; and

(b) if a provision refers to any matter or thing that an employer is required to do in relation to a place of employment, the provision applies to every place of employment of that employer, unless the context requires otherwise.

(3) For the purposes of subclause (1)(g)(ii), a person, partnership or group of persons is considered to be a contractor only if that person, partnership or group of persons knows or ought reasonably to know the provisions of this Part and the regulations made pursuant to this Part respecting the work or the place of employment at the time of retaining the employer or self-employed person to perform work at a place of employment.

(4) To constitute harassment for the purposes of paragraph (1)(l)(i)(B), either of the following must be established:

(a) repeated conduct, comments, displays, actions or gestures;

(b) a single, serious occurrence of conduct, or a single, serious comment, display, action or gesture, that has a lasting, harmful effect on the worker.

(5) For the purposes of paragraph (1)(l)(i)(B), harassment does not include any reasonable action that is taken by an employer, or a manager or supervisor employed or engaged by an employer, relating to the management and direction of the employer’s workers or the place of employment.

Section 3-12 General duties of contractors

3-12. Every contractor shall:

(a) ensure, insofar as is reasonably practicable, that each of the following that is not in the direct and complete control of an employer or self-employed person under contract with the contractor is safe for, without risk to the health of, and adequate with regard to facilities for the welfare of, all employers, workers or self-employed persons at the place of employment:

(i) every place of employment or worksite where an employer, employer’s worker or self-employed person works pursuant to a contract between the contractor and the employer or self-employed person;

(ii) every work process or procedure carried on at every place of employment or worksite where an employer, employer’s worker or self-employed person works pursuant to a contract between the contractor and the employer or self-employed person;

(b) post any prescribed notice in a conspicuous location at every place of employment or worksite where an employer, employer’s worker or self-employed person works pursuant to a contract between the contractor and the employer or self-employed person; and

(c) comply with this Part and the regulations made pursuant to this Part.

Section 3-27 Duties of committees

3-27. (1) The duties of an occupational health committee are the following:

(a) to participate in the identification and control of health and safety hazards in or at the place of employment;

(b) to cooperate with the occupational health and safety service, if any, established for the place of employment;

(c) to establish, promote and recommend the means of delivery of occupational health and safety programs for the education and information of workers;

(d) to maintain records with respect to the duties of the committee pursuant to this section;

(e) to investigate any matter mentioned in section 3-31;

(f) to receive, consider and resolve matters respecting the health and safety of workers;

(g) to carry out any other duties that are specified in this Part or the regulations made pursuant to this Part.

(2) An employer or contractor shall ensure that the duties of the occupational health committee imposed by this Part or the regulations made pursuant to this Part are not diminished by any other committee established within the place of employment by the employer or contractor.

Section 3-43 Progress report

3-43. Within five business days after the end of the period specified in a compliance undertaking or notice of contravention within which a contravention is to be remedied, the person who entered into the compliance undertaking or on whom the notice of contravention is served:

(a) shall:

(i) provide the occupational health committee or occupational health and safety representative at the place of employment with respect to which the compliance undertaking or notice of contravention applies with a written report of the progress that has been made towards remedying each contravention of this Part or the regulations made pursuant to this Part that is stated in the compliance undertaking or notice of contravention; or

(ii) if there is no occupational health committee or occupational health and safety representative at the place of employment with respect to which the compliance undertaking or notice of contravention applies, post in a conspicuous location at the place of employment a written report of the progress that has been made towards remedying each contravention of this Part or the regulations made pursuant to this Part that is stated in the compliance undertaking or notice of contravention; and

(b) shall provide the occupational health officer who received the compliance undertaking or who served the notice of contravention with a written report of the progress that has been made towards remedying each contravention of this Part or the regulations made pursuant to this Part that is stated in the compliance undertaking or notice of contravention.

Section 3-64 Obtaining information

3-64. (1) For the purpose of obtaining any information that is required to determine compliance with this Part or the regulations made pursuant to this Part or is otherwise required for the performance of the duties or the exercise of the powers of the director of occupational health and safety, an occupational health officer, the chief occupational medical officer or the chief mines inspector, the director of occupational health and safety may direct any person to provide the director with any information in any form and manner and within any time that the director may specify.

(2) In the prescribed circumstances, an employer shall compile occupationally related injury and illness statistics for the place of employment.

(3) An employer shall:

(a) compile statistics in the prescribed manner; and

(b) ensure that the compilation of the statistics pursuant to clause (a) includes the prescribed matters.

(4) The statistics must be compiled and provided in a manner that protects the confidentiality of workers.

(5) The employer shall:

(a) post the statistics for the information of workers; and

(b) provide the statistics to:

(i) if there is an occupational health committee, the occupational health committee;

(ii) if there is an occupational health and safety representative, the occupational health and safety representative; or

(iii) if there is no occupational health committee or occupational health and safety representative, the workers.

Section 3-65 Report re condition of plant

3-65. (1) If the director of occupational health and safety is of the opinion that the health and safety of a worker may be at risk as a consequence of the condition of a plant, the director may issue a written direction to an employer, contractor, owner or supplier requiring the employer, contractor, owner or supplier:

(a) to have, at the employer’s, contractor’s, owner’s or supplier’s own expense, a person with the qualifications that the director may specify in the direction conduct those tests or examinations that the director may require in the direction; and

(b) to provide the director with a written report by the qualified person mentioned in clause (a) setting out the results of those tests or examinations.

(2) No employer, contractor, owner or supplier shall fail to comply with a written direction issued to the employer, contractor, owner or supplier pursuant to this section.

Section 3-66 Requirement to perform tests or examinations

3-66. (1) If the director of occupational health and safety is of the opinion that the health and safety of a worker may be at risk from a biological substance or chemical substance at work, the director may issue a written direction to an employer or owner requiring the employer or owner:

(a) to have, at the employer’s or owner’s own expense, a person with the qualifications that the director may specify in the direction conduct those tests or examinations that the director may require in the direction; and

(b) to provide the director with a written report by the qualified person mentioned in clause (a) setting out the results of those tests or examinations.

(2) No employer or owner shall fail to comply with a written direction issued to the employer or owner pursuant to this section.

Occupational Health and Safety Regulations, 1996
S.S., c. O-1.1, Reg 1

Part I Preliminary Matters

Section 2 Interpretation

2. (1) In these regulations and in all other regulations made pursuant to the Act:

(a) "Act" means The Occupational Health and Safety Act, 1993 ;

(b) "air-purifying respirator" means a respirator that removes airborne contaminants from the air inhaled by a worker;

(c) "approved" means:

(i) approved by an agency acceptable to the director for use under the conditions prescribed by the agency; or

(ii) approved conditionally or otherwise by a certificate of the director;

(d) "atmosphere-supplying respirator" means a respirator that delivers clean breathing air to a worker from a compressor or a cylinder, an SCBA, whether closed or open circuit, or a combination of SCBA and supplied air;

(e) "borehole" means a mechanically drilled hole in the ground;

(f) "building shaft" means a continuous vertical space substantially enclosed on all sides that extends for two or more floors, and includes an elevator shaft, a ventilation shaft, a stairwell and a service shaft;

(g) "class A qualification" means a certificate or certificates that:

(i) are issued by an agency, as defined in section 50, with respect to the successful completion of a first aid training course and a cardiopulmonary resuscitation training course that meet the minimum requirements for course duration and content set out in Table 1 of the Appendix; and

(ii) qualify the holder to perform the services set out in Table 2 of the Appendix;

(h) "class B qualification" means a certificate or certificates that:

(i) are issued by an agency, as defined in section 50, with respect to the successful completion of a first aid training course and a cardiopulmonary resuscitation training course that meet the minimum requirements for course duration and content set out in Table 3 of the Appendix; and

(ii) qualify the holder to perform the services set out in Table 4 of the Appendix;

(i) "Class C fire" means a fire involving energized electrical equipment;

(j) "co-chairpersons" means, with respect to a committee, the employer or contractor co-chairperson appointed pursuant to clause 43(1)(b) and the worker co-chairperson elected pursuant to clause 43(1)(a);

(k) "committee" means an occupational health committee;

(l) "competent" means possessing knowledge, experience and training to perform a specific duty;

(m) "competent worker", with respect to a particular task or duty, includes a worker who is being trained to perform that task or carry out that duty and who is under close and competent supervision during that training;

(n) "connecting linkage" means a lanyard, safety hook, cable or connector inserted between a personal fall arrest system and the D-ring on a worker's full-body harness;

(o) "construction" means the erection, alteration, renovation, repair, dismantling, demolition, structural maintenance and painting of a structure, and includes:

(i) land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting and concreting; and

(ii) the installation of any plant;

(p) "controlled product" means a controlled product within the meaning of the Hazardous Products Act (Canada);

(q) "dBA" means the sound pressure level in decibels measured on the A scale of a sound level meter;

(r) "dBA Lex" means the level of a worker's total exposure to noise, in dBA, averaged over an entire workday and adjusted to an equivalent eight-hour exposure;

(s) "designated signaller" means a worker designated pursuant to clause 132(1)(a) to give signals;

(t) "emergency medical technician" means a person who is licensed as an emergency medical technician, emergency medical technician-advanced or emergency medical technician-paramedic pursuant to The Ambulance Act;

(u) "escape respirator" means an atmosphere-supplying respirator or an air-purifying respirator that is designed to be used by a worker for escape purposes only;

(v) "excavated shaft" means a dug-out passage into the ground, the longest dimension of which exceeds 1.5 metres and of which the acute angle between the axis of the longest dimension and the vertical is less than 45;

(w) "excavation" means any dug-out area of ground other than a trench, tunnel or excavated shaft;

(x) "fall-arresting device" Repealed. [Sask. Reg. 67/2007, s. 3]

(y) "first aid" means immediate assistance given in case of injury until medical aid has been obtained;

(z) "first aid attendant" means the holder of a valid:

(i) class A qualification;

(ii) class B qualification;

(iii) emergency medical technician's licence; or

(iv) licence, certificate or other qualification that, in the opinion of the director, is equivalent to or superior to a qualification set out in subclauses (i) to (iii);

(aa) "first aid register" means the register required by section 57;

(bb) "first aid station" means a work-related area containing the supplies and equipment required by subsection 56(1);

(bb.1) "forklift" means a self-propelled machine that has a power-operated upright, angled or telescoping lifting device that can raise and lower a load for the purpose of transporting or stacking;

(cc) "full-body harness" means a safety device that is capable of suspending a worker without causing the worker to bend at the waist, and consists of straps that pass over the worker's shoulders and around the worker's legs, an upper dorsal suspension assembly and all integral hardware;

(dd) "hand tool" means hand-held equipment that is powered by the energy of a worker;

(ee) "harmful" means known to cause harm or injury;

(ff) "hazardous" means likely to cause harm or injury in certain circumstances;

(gg) "HEPA filter" means a high-efficiency particulate aerosol filter that is at least 99.97% efficient in collecting a 0.3 micrometre aerosol;

(hh) "hoist" means a machine that consists of a raising and lowering mechanism;

(ii) "immediately dangerous to life or health" means a condition in which a hazardous atmosphere exists to such an extent that a worker who is not using an approved respiratory protective device will suffer escape-impairing or irreversible health effects if the worker does not leave the hazardous atmosphere within 30 minutes;

(jj) "instruct" means to give information and direction to a worker with respect to particular subject-matter;

(kk) "lifeline" means a length of rope or strap that is attached to a safe point of anchorage at one end or, in the case of a horizontal lifeline, at both ends to provide support and a guide for a personal fall arrest system or personnel lowering device;

(ll) "locked out" means to have isolated the energy source or sources from equipment, to have dissipated any residual energy in a system and to have secured the isolation by a device that is operated by a key or other process;

(mm) "machine" means any combination of mechanical parts that transmits from one part to another or otherwise modifies force, motion or energy;

(nn) "maintained" means kept in a condition of efficient and safe functioning by a system of regular examination, testing and servicing or repair;

(oo) "The Mines Regulations" means The Mines Regulations, 2003 ;

(pp) "officer" means an occupational health officer;

(qq) "operator" means a person who operates any equipment;

(qq.1) "percutaneous" means a route of entry that is through the skin or mucous membrane, and includes subcutaneous, intramuscular and intravascular routes of entry.

(qq.2) "personal fall arrest system" means personal protective equipment that provides a means of safely arresting the fall of a worker and that, subsequent to the arrest of the fall, does not by itself permit the further release or lowering of the worker;

(rr) "personal protective equipment" means any clothing, device or other article that is intended to be worn or used by a worker to prevent injury or to facilitate rescue;

(ss) "personnel lowering device" means a device that provides a means of lowering a worker from a height at a controlled rate of descent;

(tt) "power tool" means a hand-held machine that is powered by energy other than the energy of a worker;

(uu) "powered mobile equipment" means a self-propelled machine or a combination of machines, including a prime mover, that is designed to manipulate or move materials or to provide a work platform for workers;

(vv) "professional engineer" means an engineer who is registered pursuant to The Engineering Profession Act;

(ww) "public highway" means a public highway as defined in The Highways and Transportation Act, 1997 ;

(xx) "qualified" means possessing a recognized degree, a recognized certificate or a recognized professional standing and demonstrating, by knowledge, training and experience, the ability to deal with problems related to the subject-matter, the work or the project;

(yy) "representative" means an occupational health and safety representative;

(zz) "respiratory protective device" means a device that is designed to protect a wearer from inhaling a hazardous atmosphere, and includes an atmosphere-supplying respirator, an air-purifying respirator and an escape respirator;

(aaa) "safeguard" means a guard, shield, wire mesh, guardrail, gate, barrier, safety net, handrail or other similar equipment that is designed to protect the safety of workers, but does not include personal protective equipment;

(bbb) "safety belt" Repealed. [Sask. Reg. 67/2007, s. 3]

(ccc) "SCBA" means self-contained breathing apparatus;

(ddd) "supervisor" means a person who is authorized by an employer to oversee or direct the work of workers;

(eee) "train" means to give information and explanation to a worker with respect to a particular subject-matter and require a practical demonstration that the worker has acquired knowledge or skill related to the subject-matter;

(fff) "travelway" means any place where workers or vehicles regularly travel or pass, and includes a ramp, runway, catwalk, bridge, conveyor, gantry or passage;

(ggg) "trench" means an elongated dug-out area of land whose depth exceeds its width at the bottom;

(hhh) "tunnel" means an underground passage that has an incline of not more than 45 from the horizontal;

(iii) "vehicle" means a machine in, on or by which a person or thing may be transported, and includes powered mobile equipment;

(jjj) "work" and "at work" means:

(i) the time during which a worker is in the course of the worker's employment; or

(ii) the time that a self-employed person devotes to work as a self-employed person;

(kkk) "work-related area" means all places that are ancillary to a place of employment, and includes lunchrooms, restrooms, first aid rooms, lecture rooms, parking lots under the control of the employer or contractor, offices and work camp living accommodations, but does not include a permanent living accommodation.

(2) For the purposes of the Act and in these regulations and all other regulations made pursuant to the Act, "injury" includes any disease and any impairment of the physical or mental condition of a person.

(3) Any word or expression used but not defined in these regulations or the Act has the meaning commonly given to it at places of employment in the industry concerned.

(4) Unless otherwise expressly stated:

(a) lumber sizes specified in these regulations are lumber sizes after dressing; and

(b) "lumber" means lumber that is free of visible defects.

[Sask. Reg. 6/97, s. 3; 35/2003, s. 3; 112/2005, s. 3; 67/2007, s. 3]

3. Repealed. [Sask. Reg. 35/2003, s. 4]

Part IX Safeguards, Storage, Warning Signs and Signals

Section 125 Building shafts

125. (1) An employer, contractor or owner shall ensure that a work platform that is an integral part of a slip form used in a building shaft is designed by a professional engineer to withstand the maximum foreseeable load and is constructed, erected and used in accordance with that design.

(2) An employer, contractor or owner shall ensure that a platform mentioned in subsection (1) that has been moved is examined by a competent person and that a written report of the examination is made by the person who carried it out and kept by the employer, contractor or owner.

(3) An employer, contractor or owner shall not require or permit a worker to work on a platform mentioned in subsection (1) that has been moved before the platform has been examined in accordance with subsection (2), unless the worker is using a personal fall arrest system, a full-body harness, a lanyard or a lifeline that meets the requirements of Part VII.

(4) Where there is no work platform installed at the level of a doorway or opening in a building shaft, an employer, contractor or owner shall ensure that the doorway or opening is covered by a solid barrier that extends from the bottom of the doorway or opening to a height of at least two metres and is capable of preventing a worker or loose material from falling down the shaft.

(5) An employer, contractor or owner shall ensure that at least one warning sign indicating the presence of an open building shaft is placed on a barrier erected pursuant to subsection (4).

[Sask. Reg. 67/2007, s. 12]

Part III General Duties

Section 16 Duty of contractor to inform

16. (1) A contractor shall give notice in writing to every employer, worker or self-employed person at the place of employment, setting out:

(a) the name of the person who is supervising the work on behalf of the contractor;

(b) any emergency facilities provided by the contractor for the use of the employers' workers or self-employed persons; and

(c) the existence of a committee or representative, if any, at the place of employment and the means to contact the committee or representative.

(2) Subsection (1) applies only to contractors at major construction projects and to contractors involved in those activities to which Part XXIX applies.

Section 25 Maintenance and repair of equipment

25. (1) An employer shall ensure that all equipment is maintained at intervals that are sufficient to ensure the safe functioning of the equipment.

(2) Where a defect is found in equipment, an employer shall ensure that:

(a) steps are taken immediately to protect the health and safety of any worker who may be at risk until the defect is corrected; and

(b) the defect is corrected by a competent person as soon as is reasonably practicable.

(3) A worker who knows or has reason to believe that equipment under the worker's control is not in a safe condition shall:

(a) immediately report the condition of the equipment to the employer; and

(b) repair the equipment if the worker is authorized and competent to do so.

Section 29 Investigation of certain accidents

29. (1) Subject to section 30, an employer shall ensure that every accident that causes or may cause the death of a worker or that requires a worker to be admitted to a hospital as an in-patient for a period of 24 hours or more is investigated as soon as is reasonably possible by:

(a) the co-chairpersons or their designates;

(b) the employer and the representative; or

(c) where there is no committee or representative, the employer.

(2) After the investigation of an accident, an employer, in consultation with the co-chairpersons or their designates, or with the representative, shall prepare a written report that includes:

(a) a description of the accident;

(b) any graphics, photographs or other evidence that may assist in determining the cause or causes of the accident;

(c) an explanation of the cause or causes of the accident;

(d) the immediate corrective action taken; and

(e) any long-term action that will be taken to prevent the occurrence of a similar accident or the reasons for not taking action.

Section 31 Investigation of dangerous occurrences

31. (1) An employer, contractor or owner shall ensure that every dangerous occurrence described in subsection 9(1) is investigated as soon as is reasonably possible by:

(a) the co-chairpersons or their designates;

(b) the employer, contractor or owner and the representative; or

(c) where there is no committee or representative, the employer, contractor or owner.

(2) After the investigation of a dangerous occurrence, an employer, contractor or owner, in consultation with the co-chairpersons or their designates or with the representative, shall prepare a written report that includes:

(a) a description of the dangerous occurrence;

(b) any graphics, photographs or other evidence that may assist in determining the cause or causes of the dangerous occurrence;

(c) an explanation of the cause or causes of the dangerous occurrence;

(d) the immediate corrective action taken; and

(e) any long-term action that will be taken to prevent the occurrence of a similar dangerous occurrence or the reasons for not taking action.

Section 32 Injuries requiring medical treatment

32. An employer or contractor shall report to the co-chairpersons, the representative or their designates any lost-time injury at the place of employment that results in a worker receiving medical treatment and allow the co-chairpersons, the representative or their designates a reasonable opportunity to review the lost-time injury during normal working hours and without loss of pay or other benefits.

Section 37 Violence

37. (1) In this section, "violence" means the attempted, threatened or actual conduct of a person that causes or is likely to cause injury, and includes any threatening statement or behaviour that gives a worker reasonable cause to believe that the worker is at risk of injury.

(2) On and after January 1, 1997, places of employment that provide the following services or activities are prescribed for the purposes ofsubsection 14(1) of the Act :

(a) services provided by health care facilities mentioned in subclauses 468(b)(i) to (v) and (xii);

(b) pharmaceutical-dispensing services;

(c) education services;

(d) police services;

(e) corrections services;

(f) other law enforcement services;

(g) security services;

(h) crisis counselling and intervention services;

(i) late night retail premises as defined in section 37.1;

(j) financial services;

(k) the sale of alcoholic beverages or the provision of premises for the consumption of alcoholic beverages;

(l) taxi services;

(m) transit services.

(3) A policy statement required bysubsection 14(1) of the Act must be in writing and must include:

(a) the employer's commitment to minimize or eliminate the risk;

(b) the identification of the worksite or worksites where violent situations have occurred or may reasonably be expected to occur;

(c) the identification of any staff positions at the place of employment that have been, or may reasonably be expected to be, exposed to violent situations;

(d) the procedure to be followed by the employer to inform workers of the nature and extent of risk from violence, including, except where the disclosure is prohibited by law, any information in the employer's possession related to the risk of violence from persons who have a history of violent behaviour and whom workers are likely to encounter in the course of their work;

(e) the actions the employer will take to minimize or eliminate the risk, including the use of personal protective equipment, administrative arrangements and engineering controls;

(f) the procedure to be followed by a worker who has been exposed to a violent incident to report the incident to the employer;

(g) the procedure the employer will follow to document and investigate a violent incident reported pursuant to clause (f);

(h) a recommendation that any worker who has been exposed to a violent incident consult the worker's physician for treatment or referral for post-incident counselling; and

(i) the employer's commitment to provide a training program for workers that includes:

(i) the means to recognize potentially violent situations;

(ii) procedures, work practices, administrative arrangements and engineering controls that have been developed to minimize or eliminate the risk to workers;

(iii) the appropriate responses of workers to incidents of violence, including how to obtain assistance; and

(iv) procedures for reporting violent incidents.

(4) Where a worker receives treatment or counselling mentioned in clause (3)(h) or attends a training program mentioned in clause (3)(i), an employer shall credit the worker's attendance as time at work and ensure that the worker loses no pay or other benefits.

(5) An employer shall make readily available for reference by workers a copy of the policy statement required bysubsection 14(1) of the Act .

(6) An employer shall ensure that the policy statement required by subsection 14(1) of the Act is reviewed and, where necessary, revised every three years and whenever there is a change of circumstances that may affect the health or safety of workers.

[Sask. Reg. 75/2012, s. 3]

Part XVIII Confined Space Entry

Section 270 Requirements before hazardous confined space is entered

270. (1) Before a worker is required or permitted to enter a confined space, an employer shall appoint a competent person:

(a) to assess the hazards;

(b) where a hazardous atmosphere has been identified, to test the atmosphere of the confined space for:

(i) oxygen enrichment or deficiency;

(ii) the presence of flammable or explosive substances; and

(iii) the presence and hazardous concentration of airborne chemical substances; and

(c) to determine whether:

(i) work activities or processes will result in the release of toxic, flammable or explosive concentrations of any substances during the worker's occupation of the confined space;

(ii) measures have been taken to ensure that a worker will not drown or become entrapped in any liquid or free-flowing solid present in the confined space;

(iii) the entry of any liquid, free-flowing solid or hazardous substance into the confined space in a quantity that could endanger the health or safety of the worker has been prevented;

(iv) all energy sources that present a hazard to a worker entering into, exiting from or occupying the confined space have been locked out, with the energy sources being put in a zero energy state;

(v) any hazards from biological substances are present in the confined space; and

(vi) the opening for entry into and exit from the confined space is sufficient to allow safe passage of a worker who is using personal protective equipment required by these regulations.

(2) When testing the atmosphere of a confined space pursuant to clause (1)(b), a competent person shall use appropriate and properly calibrated instruments that have been tested to ensure that the instruments are capable of operating safely and effectively.

(3) A competent person who carries out the activities described in clauses (1)(a) to (c) shall prepare a report in writing that sets out:

(a) the results of the assessment, tests and determinations;

(b) recommended special precautions and procedures to reduce the risk to a worker that are to be followed by a worker entering into, exiting from or occupying the confined space; and

(c) recommended personal protective equipment to be used by a worker entering the confined space.

Part XXI Chemical and Biological Substances

Section 311 Report of worker's exposure

311. (1) Where an accumulation, spill or leak of a chemical substance or biological substance listed in Table 19 or 20 of the Appendix occurs and results in the exposure of a worker to the chemical substance or biological substance to an extent that may affect the health or safety of the worker, an employer, in consultation with the committee, shall investigate the incident as soon as is reasonably possible and prepare a written report that includes:

(a) a description of the incident, including the date and all affected worksites;

(b) the names of the substances released and the characteristics of the substances;

(c) for each substance released, the estimated duration and the extent of each worker's exposure;

(d) the name of each worker exposed and the manner in which the substance entered the worker's body;

(e) the causes of the incident; and

(f) any corrective actions taken to prevent occurrence of a similar incident.

(2) An employer shall provide a copy of a report prepared pursuant to subsection (1) to any worker who was exposed to the chemical substance or biological substance that was released.

Part IV Committees and Representatives

Section 48 Opportunity for necessary activities

48. (1) An employer or contractor shall ensure that:

(a) the members of a committee or a representative are allowed to examine any log book, inspection report or other record that the employer or contractor is required to keep at the place of employment pursuant to the Act or any regulations made pursuant to the Act;

(b) members of a committee or a representative have reasonable opportunity, during normal working hours and without loss of pay or other benefits, to receive and investigate concerns, to inform workers of the provisions of the Act or any regulations made pursuant to the Act or to conduct other business proper to the functioning of the committee or the representative;

(c) members of a committee have reasonable opportunity to hold a special meeting pursuant to section 44 at any time; and

(d) a representative has reasonable opportunity to hold a special meeting pursuant to subsection 47(2) at any time.

(2) An employer or contractor shall ensure that no member of a committee or representative who participates in a regular meeting held pursuant to section 41 or subsection 47(1) or in a special meeting held pursuant to section 44 or 49 or subsection 47(2) loses any pay or other benefits as a result of that participation.

Part XXIX Oil and Gas

Section 411 Application of Part

411. This Part applies to all drilling procedures for the exploration of oil and gas and to the drilling, operation and servicing of a gas well or an oil well, the production of oil or gas from a well and the ancillary processes associated with these activities.

Part XXXIII Repeal, Transitional and Coming into Force

Schedule Table 5 Asbestos Processes

[Subsections 7(2) and 343(1) and section 344]

Part A -- High Risk Asbestos Processes

1 The removal, encapsulation, enclosure or disturbance of anything but minor amounts of friable asbestos-containing material during the repair, alteration, maintenance, demolition, or dismantling of any part of a plant

2 The cleaning, maintenance or removal of air-handling equipment in buildings where sprayed fireproofing asbestos-containing materials have been applied to the airways or ventilation ducts

3 The dismantling or the major alteration or repair of a boiler, furnace, kiln or similar device, or part of a boiler, furnace, kiln or similar device, that is made of asbestos-containing materials

4 The use of power tools not equipped with HEPA filtration to grind, cut or abrade any asbestos-containing surface or product.

Part B -- Moderate Risk Asbestos Processes

1 The use of a power tool equipped with HEPA filtration to cut, shape or grind any asbestos-containing surface or product

2 The removal of a false ceiling or part of a false ceiling where friable asbestos-containing material is, or is likely to be, lying on the surface of the false ceiling

3 The removal, the encapsulation or enclosure or the disturbance of minor amounts of friable asbestos-containing material during the repair, alteration, maintenance, demolition, or dismantling of a structure, machine or equipment or part of a structure, machine or equipment.

Part C -- Low Risk Asbestos Processes

1 The installation or removal of manufactured asbestos-containing products where sanding, cutting or similar disturbance is not required

2 The use of hand tools to cut, shape, drill or remove a manufactured asbestos-containing product

3 The removal of drywall material where asbestos joint filling compounds have been used

4 The use of personal protective equipment made of asbestos-containing textiles

5 The transporting or handling of asbestos-containing materials in sealed containers

6 The cleaning or disposing of minor amounts of asbestos debris that has come loose or fallen from a friable surface

7 The removal of small samples of asbestos-containing material for the purpose of identification.

Part II Notice Requirements

Section 7 New operations

7. (1) As soon as is reasonably possible, an employer, contractor or owner shall give notice to the division of the intention to:

(a) begin work at a construction site, manufacturing plant or processing plant where 10 or more workers are to be employed for six months or more;

(b) dig an excavation, a trench or an excavated shaft:

(i) that is more than five metres deep; and

(ii) that a worker will be required or permitted to enter; or

(c) dig a tunnel that a worker will be required or permitted to enter.

(2) Not later than 14 days before beginning the process, an employer, contractor or owner shall give notice to the division of the intention to begin a high risk asbestos process listed in Table 5 of the Appendix.

(3) A notice required by subsection (1) or (2) must include:

(a) the legal name and business name of the employer, contractor or owner;

(b) the location of the site, plant, process or place of employment;

(c) the mailing address of the employer, contractor or owner;

(d) the nature of the work or process to be undertaken;

(e) the number of workers to be employed;

(f) the telephone number and fax number of the employer, contractor or owner; and

(g) the estimated starting date and expected duration of the work or process.

Section 8 Accidents causing serious bodily injury

8. (1) An employer or contractor shall give notice to the division as soon as is reasonably possible of every accident at a place of employment that:

(a) causes or may cause the death of a worker; or

(b) will require a worker to be admitted to a hospital as an in- patient for a period of 72 hours or more.

(2) The notice required by subsection (1) must include:

(a) the name of each injured or deceased worker;

(b) the name of the employer of each injured or deceased worker;

(c) the date, time and location of the accident;

(d) the circumstances related to the accident;

(e) the apparent injuries; and

(f) the name, telephone number and fax number of the employer or contractor or a person designated by the employer or contractor to be contacted for additional information.

(3) An employer or contractor shall provide each co-chairperson or the representative with a copy of the notice required by subsection (1).

Section 9 Dangerous occurrences

9. (1) In this section, "dangerous occurrence" means any occurrence that does not result in, but could have resulted in, a condition or circumstance set out in subsection 8(1), and includes:

(a) the structural failure or collapse of:

(i) a structure, scaffold, temporary falsework or concrete formwork; or

(ii) all or any part of an excavated shaft, tunnel, caisson, coffer dam, trench or excavation;

(b) the failure of a crane or hoist or the overturning of a crane or unit of powered mobile equipment;

(c) an accidental contact with an energized electrical conductor;

(d) the bursting of a grinding wheel;

(e) an uncontrolled spill or escape of a toxic, corrosive or explosive substance;

(f) a premature detonation or accidental detonation of explosives;

(g) the failure of an elevated or suspended platform; and

(h) the failure of an atmosphere-supplying respirator.

(2) An employer, contractor or owner shall give notice to the division as soon as is reasonably possible of any dangerous occurrence that takes place at a place of employment, whether or not a worker sustains injury.

(3) A notice required by subsection (2) must include:

(a) the name of each employer, contractor and owner at the place of employment;

(b) the date, time and location of the dangerous occurrence;

(c) the circumstances related to the dangerous occurrence; and

(d) the name, telephone number and fax number of the employer, contractor or owner or a person designated by the employer, contractor or owner to be contacted for additional information.

(4) An employer, contractor or owner shall provide each co-chairperson or the representative with a copy of the notice required by subsection (2).

Section 11 Report re injuries

11. On the minister's request, an employer shall provide to the division, or to any other agency that may be designated by the minister, a report setting out details of all person-hours worked and all work-related injuries during the preceding year.

Mines Regulations, 2003
R.R.S., c. O-1, r. 2

Part I Preliminary Matters

Section 2 Interpretation

2. (1) In these regulations:

(a) "Act" means The Occupational Health and Safety Act, 1993;

(b) "adit" means a horizontal or nearly horizontal opening into an underground mine;

(c) "approved" means, unless stated otherwise:

(i) in relation to equipment:

(A) approved by an agency acceptable to the chief mines inspector for use under the conditions prescribed by the agency; or

(B) approved conditionally or otherwise by a certificate of the chief mines inspector; and

(ii) in relation to any other matter, approved by the chief mines inspector;

(d) "balance rope" means a rope that is used to counterbalance a conveyance by extending from the bottom of the conveyance to the bottom of another conveyance or a counterweight;

(e) "barrier" means a safeguard that restricts or prevents approach or access;

(f) "berm" means an embankment or ridge of earth that functions as a protective barrier;

(g) "cage" means a vertically-moving enclosed platform, with one or more decks, that is used in a shaft for transporting workers and materials;

(h) "chair" means any device installed for the purpose of landing a conveyance at any point in a shaft;

(i) "committee" means an occupational health committee;

(j) "conveyance" means a cage, a skip or a sinking bucket;

(k) "crosshead" means a runner or framework that:

(i) runs on guides; and

(ii) is placed approximately one metre above a conveyance to prevent the conveyance from swinging excessively;

(l) "day box" means a box with a cover for temporary storage of explosives underground;

(m) "detonator" means any device for initiating the detonation of explosives that contains a maximum of 10 grams of explosive by weight and includes a safety-fuse assembly;

(n) "direct supervisor" means a supervisor who personally directs or oversees workers underground at a mine or in the pit of an open pit mine but does not include a lead hand;

(o) "drawpoint" means a point where gravity-fed ore or waste from a higher level is withdrawn for loading onto hauling units;

(p) "dredge" means a machine that floats on water and is equipped with a scoop, a series of buckets or similar devices to remove mud, sand or other materials from the bottom of a body of water;

(q) "drift" means a horizontal or nearly horizontal underground work passage in a mine;

(r) "explosive" means a chemical compound or mixture that, when detonated, violently decomposes, producing a large volume of gas at high temperatures;

(s) "former regulations" means "The Mines Regulations", being Saskatchewan Regulations 284/78, as those regulations existed on the day before the coming into force of these regulations;

(t) "guide rope" means a stationary rope that is used to position a conveyance in the shaft;

(u) "headframe" means the steel or timber frame or building over a shaft that:

(i) contains the sheave or pulley for the hoisting ropes used to raise or lower a conveyance; and

(ii) may contain the hoist;

(v) "hoist operator" means a person who operates a hoist to transport workers or materials in a shaft;

(w) "hoist signalling system" means a system for exchanging separate and distinct conveyance control signals between the hoist operator and the worker in charge of the conveyance;

(x) "hoisting rope" means a rope that is used to lift and lower a conveyance in a shaft;

(y) "loading pocket" means an area adjacent to the shaft where the skip is loaded;

(z) "locomotive" means a vehicle that operates on rails and that is used to propel a train of railway cars;

(aa) "magazine" means a building, structure or place in which an explosive or detonator is kept, but does not include a day box;

(bb) "manway" means a vertical compartment of a shaft or raise containing a ladder that is used as a passage for workers;

(cc) "mine":

(i) when used as a noun, means an opening or excavation in, or working of, the ground for the purpose of obtaining, proving or opening up a mineral, rock, stone or clay and includes:

(A) a quarry, excavation or opening in the ground that is made for the purpose of searching for or removing a mineral, rock, stone or clay; and

(B) all workings and plant under or above ground that are used in connection with crushing, reducing, melting, refining or treating any mineral, rock, stone or clay; and

(ii) when used as a verb, means any method of working by which a mineral, rock, stone or clay may be disturbed, removed, carted, carried, washed, dissolved, sifted, roasted, smelted, refined, crushed or otherwise dealt with for the purpose of obtaining any mineral from it, whether the mineral, rock, stone or clay was previously disturbed or not;

(dd) "OHS regulations" means The Occupational Health and Safety Regulations, 1996;

(ee) "open pit mine" means a mine that is worked from the exposed surface and includes a strip mine, quarry, gravel pit, sand pit and clay pit;

(ff) "ore pass" means a vertical or inclined passage underground for the downward transfer of ore or materials;

(gg) "panel" means a subdivision of an ore body;

(hh) "raise" means an opening underground that extends upward to an angle greater than 30° from the horizontal to:

(i) connect with a level above; or

(ii) explore the ground for a limited distance above a level;

(ii) "rated load" means:

(i) with respect to a conveyance, the maximum load that may be carried in, on or under a conveyance, determined in accordance with clause 137(a);

(ii) with respect to a deck of a multi-deck conveyance, the maximum load that may be carried on the deck, determined in accordance with clause 137(b); and

(iii) with respect to a raise climber, the maximum load that may be carried on the raise climber, determined by a professional engineer;

(jj) "rockburst" means a violent failure of rock that causes a significant expulsion of material;

(kk) "room" means, when referring to an excavation underground, a production area in a panel;

(ll) "rubbing rope" means a rope that is:

(i) suspended between two conveyances in a shaft; and

(ii) used to keep the conveyances from contacting each other when they do not track properly within the guide ropes;

(mm) "shaft" means a vertical or nearly vertical opening into an underground mine that is normally used to transport persons or hoist ore or materials;

(nn) "shaft rope" means a hoisting rope, guide rope, rubbing rope or balance rope;

(oo) "sinking bucket" means a specialized conveyance used for the purposes of a shaft-sinking operation that:

(i) is in the general form of a bucket or pail; and

(ii) is sufficiently large to accommodate several persons;

(pp) "skip" means a specialized conveyance that:

(i) is used in a shaft for hoisting ore or materials; and

(ii) can be adapted for transporting persons;

(qq) "stope" means an underground excavation made for the purpose of extracting ore from the surrounding rock;

(rr) "working face" means the exposed surface of the ore or material where mining is being done;

(ss) "workings" means the parts of a mine where excavations have taken place or are taking place.

(2) Unless otherwise provided, terms used in these regulations that are defined in the OHS regulations have the meanings given to them in those regulations.

(3) A reference in these regulations to a table is a reference to the table as set out in Part I of the Appendix.

(4) A reference in these regulations to a form is a reference to the form as set out in Part II of the Appendix.

Part X Hoists and Hoisting

Section 109 Hoisting machinery log book

109. An employer or contractor must:

(a) provide a hoisting machinery log book for each hoist in a mine;

(b) ensure that a report is recorded in the hoisting machinery log book for:

(i) every inspection or examination that is conducted on the mechanical components of the hoist, whether specifically required by these regulations or not;

(ii) every failure or accident involving mechanical components of the hoist, the hoisting rope, conveyance or any other part of the hoisting, dumping or loading equipment;

(iii) any action taken as a result of a matter mentioned in subclause (i) or (ii); and

(iv) any maintenance, correction or repair work carried out on mechanical components of the hoist, the hoisting rope, conveyance or any other part of the hoisting, dumping or loading equipment; and

(c) countersign the entries made pursuant to clause (b) at least weekly.

Section 110 Electrical hoisting equipment log book

110. An employer or contractor must:

(a) provide an electrical hoisting equipment log book for each electrical hoist in a mine;

(b) ensure that a report is recorded in the electrical hoisting equipment log book for:

(i) every inspection or examination that is conducted on the electrical components of the hoist and all related equipment, whether specifically required by these regulations or not;

(ii) every failure or accident involving the electrical components of the hoist and all related equipment;

(iii) any action taken as a result of a matter mentioned in subclause (i) or (ii); and

(iv) any maintenance, correction or repair work carried out on the electrical components of the hoist and all related equipment; and

(c) countersign the entries made pursuant to clause (b) at least weekly.

Section 111 Rope record book

111. (1) An employer or contractor must provide a rope record book for each hoisting compartment.

(2) An employer or contractor must ensure that all entries made in the rope record book pursuant to these regulations are countersigned within one week of the entry being made.

Section 112 Hoist operator's log book

112. (1) An employer or contractor must provide a hoist operator's log book for each hoist.

(2) An employer or contractor must ensure that the following information is recorded in the hoist operator's log book:

(a) any inspection, examination, test or maintenance of brakes and clutches conducted pursuant to section 196;

(b) for each working shift, a report of the condition of the signalling apparatus;

(c) any special instructions received from a person who conducts an inspection involving the safety of persons, signed by the person issuing the instructions;

(d) a report of the test of overwind and underwind devices conducted pursuant to section 197, reviewed and signed by the hoisting operator assuming duty for the next shift;

(e) the results of the trial trip tests conducted pursuant to clause 161(2)(b) and section 198;

(f) a notation to the hoist operator assuming duty for the next shift of any special circumstance or matter affecting the operation of the hoist or the safety of persons;

(g) a report of any action taken pursuant to a report recorded in the hoist operator's log book;

(h) the times when the hoist operator started and finished a shift.

(3) An employer or contractor must:

(a) ensure that the details of each inspection, examination, test, or maintenance, correction or repair action required pursuant to this section are recorded in the hoist operator's log book and signed; and

(b) countersign the entries made pursuant to clause (a) at least weekly.

Section 115 Putting hoist into service

115. (1) Before a hoist is put into service in a mine for the first time, or before a hoist is put back into service after significant modifications have been made to it, the employer or contractor must:

(a) give notice of intention to put the hoist into service by submitting the following to the chief mines inspector:

(i) the specifications for the hoist and related equipment;

(ii) drawings showing the general arrangement of the hoist and headframe;

(iii) a copy of the mine hoist certificate for the hoist;

(iv) details of any modification made to the hoist and a copy of the certificate required by section 114;

(b) ensure that:

(i) commissioning tests are conducted to determine whether the hoist is in safe working condition and meets the requirements of these regulations; and

(ii) a professional engineer certifies the test results;

(c) ensure that a competent person:

(i) examines, with an approved non-destructive test method, all of the following for flaws:

(A) all new or significantly modified hoist drums, shafts and brake components;

(B) all new or significantly modified sheaves and sheave wheel shafts;

(C) all new or significantly modified conveyance and counterweight attachments, pins and drawbars; and

(ii) conducts tests to determine whether or not all safety devices and controls in the hoisting system are working properly; and

(d) notwithstanding section 12, ensure that records of the results of all tests required by this subsection are kept indefinitely.

(2) At least three days before commissioning tests required by clause (1)(b) are conducted, an employer or contractor must notify the chief mines inspector of the time at which the tests are to be conducted.

(3) Before a hoist is put back into service after it has been out of service for a period of 15 months or more, the employer or contractor must notify the chief mines inspector of the measures that have been taken to ensure that the hoist is in safe working condition.

Section 116 Putting automatic controls into service

116. Before automatic controls are installed in a hoist and put into service for the first time or before automatic controls on a hoist are put back into service after significant modifications have been made to them, the employer or contractor must give notice of intention to operate the hoist on automatic controls by submitting to the chief mines inspector:

(a) the details of the automatic control installation;

(b) a certificate from the professional engineer who oversaw the installation and testing of the automatic controls certifying that the automatic controls are safe for use; and

(c) the operating procedures to be followed when the hoist is operated on automatic control.

Section 120 Hoist drums

120. (1) Subject to subsection (5), an employer or contractor must ensure that a cylindrical drum on a hoist is equipped with:

(a) grooves that properly fit the rope in use; and

(b) flanges:

(i) of sufficient height to contain all of the rope on the drum; and

(ii) of sufficient strength to withstand any loads imposed by the rope.

(2) An employer or contractor must ensure that any conical portion of a hoist drum is equipped with grooves to prevent the rope from slipping on the drum or from coiling unevenly.

(3) An employer or contractor must ensure that a hoist drum and a sheave are arranged so that the rope properly coils across the face of the drum and winds smoothly from one layer to another without cutting into the rope layer beneath.

(4) An employer or contractor must ensure that:

(a) except in the case of an emergency hoist not stored under load, a hoist drum has sufficient rope-carrying capacity to permit hoisting from the lower and the upper limit of travel in the shaft with not more than three layers of rope on the drum at any time; and

(b) there is a minimum of three turns of rope on the drum when the conveyance is at the lowest point of travel in the shaft.

(5) An employer or contractor may use a hoist with a smooth drum during shaft-sinking operations, preliminary development operations or other operations of a temporary nature if, at least 30 days before the hoist is put into service for one of those operations, the employer or contractor gives to the chief mines inspector:

(a) notice of the intention to use a hoist with a smooth drum; and

(b) details of the method to be used for tensioning the hoisting rope.

Section 145 Examination and testing of rope attachments

145. If the rope attachments of a hoisting rope or balance rope are first installed or are re-installed after they have been disassembled, the employer or contractor must ensure that, before the hoist is put into operation, a competent worker:

(a) examines the rope attachments connecting the hoisting rope or balance rope to the conveyance or counterweight and the hoisting rope to the drum to determine whether or not they are defective;

(b) makes any necessary adjustments to the attachments mentioned in clause (a); and

(c) records the results of the examination and any adjustments made in the hoisting machinery log book.

Section 147 Mechanical hoist system inspections

147. (1) An employer or contractor must ensure that:

(a) all mechanical components of a hoist system, including safety devices, are inspected weekly by a competent worker for defects and unsafe conditions to ensure that the hoist is capable of safe operation; and

(b) a thorough annual visual examination of each conveyance and its joints and welds is carried out by a competent worker.

(2) With respect to a friction hoist, an employer or contractor must ensure that:

(a) every rope tread is examined by a competent worker as often as is necessary to ensure that the rope tread is maintained in good condition; and

(b) at least once every six months:

(i) every rope tread is measured by a competent worker; and

(ii) safety devices are re-calibrated to account for any reduction in tread diameter.

(3) If a defect or unsafe condition that may create a hazard to a worker is identified in an inspection or examination conducted pursuant to subsection (1) or (2), the employer or contractor must ensure that, in addition to meeting the requirements of section 30, the defect is repaired or the unsafe condition is corrected:

(a) by a competent worker, in the case of the hoist system and its components; and

(b) by a qualified worker, in the case of safety devices.

(4) An employer or contractor must ensure that every repair, adjustment or alteration to a hoist system is made only by a competent person authorized by the employer or contractor.

(5) An employer or contractor must ensure that a written record of any inspection, examination, repair or other activity carried out pursuant to this section is recorded in the hoisting machinery log book by the person who carried out the activity.

Section 148 Hoist system inspection

148. (1) An employer or contractor must ensure that the hoist system, all electrical components, electrical safety devices and electrical signalling devices are inspected weekly by a qualified worker.

(2) If a defect or unsafe condition that may create a hazard to a worker is identified in an inspection conducted pursuant to subsection (1), the employer or contractor must ensure that, in addition to meeting the requirements of section 30, the defect is repaired or the unsafe condition is corrected by a qualified worker.

(3) An employer or contractor must ensure that every repair, adjustment or alteration to a component mentioned in subsection (1) is made only by a qualified person authorized by the employer or contractor.

(4) An employer or contractor must ensure that a written record of any inspection, repair or other activity carried out pursuant to this section is recorded in the electrical hoisting equipment log book by the person who carried out the activity.

Division 3 Ropes

Section 151 Information to be recorded in rope record book

151. An employer or contractor must ensure that the following information is recorded in the rope record book required by section 111:

(a) with respect to each rope used in a hoisting compartment:

(i) the information set out in the manufacturer's certificate required by section 149;

(ii) the name of the supplier from whom the rope was purchased;

(iii) the date of purchase;

(iv) the mine identification number for the rope; and

(v) a history of the rope, setting out:

(A) with respect to each installation of the rope in a location other than in the present location, the date on which the rope was installed in the other location and the date on which the rope was removed from that location;

(B) the date on which the rope was installed in its present location;

(C) with respect to each occasion on which the rope was shortened, the date on which the rope was shortened and the length of rope removed;

(D) the date and the results of each breaking test, electromagnetic test or other approved test; and

(E) with respect to each occasion on which the rope was taken out of service, the date on which the rope was taken out of service and the reasons for taking the rope out of service;

(b) the weight of the conveyance and rope attachments;

(c) the maximum load that may be carried in the conveyance;

(d) the weight or tension applied to each guide rope or rubbing rope used in the hoisting compartment;

(e) with respect to each hoisting rope used in the hoisting compartment:

(i) the maximum length of the rope below the sheave; and

(ii) the maximum weight of the rope below the sheave;

(f) with respect to each balance rope, guide rope or rubbing rope used in the hoisting compartment:

(i) the length of the rope;

(ii) the weight of the rope; and

(iii) the weight attached or tension applied to the rope;

(g) the static load factor of each rope, determined in accordance with section 159:

(i) in the case of a hoisting rope, at the conveyance suspension and at the head sheave with the rope fully let out;

(ii) in the case of a balance rope, at the conveyance suspension point with the conveyance at its upper limit of travel; and

(iii) in the case of a guide rope or rubbing rope, at the suspension point.

Section 152 Sending information to chief mines inspector

152. (1) If a rope is installed in a hoisting compartment, the employer or contractor must forward to the chief mines inspector the information mentioned in clauses 151(1)(a) to (g), except the information mentioned in paragraph 151(1)(a)(v)(E), with respect to that rope as soon as possible after the rope is installed.

(2) If an electromagnetic test or any other approved test of a rope is required by this Division, the employer or contractor must forward a report of the test, including graphs and interpretations, to the chief mines inspector within 30 days after the test.

Section 161 Cleaning and examination of rope connections, attachments

161. (1) An employer or contractor must ensure that a competent worker:

(a) at least daily, visually examines the connections and rope attachments used to make connections between:

(i) each hoisting rope or balance rope and a conveyance; and

(ii) each hoisting rope and a hoist drum; and

(b) cleans and thoroughly examines:

(i) at least monthly, each swivel attachment; and

(ii) at least every six months, each connection and rope attachment mentioned in clause (a), other than a swivel attachment.

(2) After any connection or rope attachment mentioned in clause (1)(a) is altered, adjusted or dismantled and reassembled, the employer or contractor must ensure that:

(a) the connection or rope attachment is thoroughly examined by a competent worker to ensure that it is safe; and

(b) the conveyance is not used for transporting workers until the hoist is tested:

(i) by making two complete trips with the conveyance bearing the maximum permissible suspended load set out in section 113; or

(ii) by another method approved by the chief mines inspector.

(3) An employer or contractor must ensure that the hoist operator records the results of the test required by clause (2)(b) in the hoist operator's log book.

(4) An employer or contractor must ensure that each connection and rope attachment mentioned in clause (1)(a) is subjected to a non-destructive test:

(a) before it is put into service initially; and

(b) at intervals not exceeding five years.

(5) With respect to each rope attachment and mechanical tensioning device installed in conjunction with a guide rope or rubbing rope, an employer or contractor must ensure that a competent worker:

(a) at least weekly, visually examines the attachment or device; and

(b) at least every six months, thoroughly cleans and examines the attachment or device.

(6) An employer or contractor must ensure that the competent worker who carries out any of the examinations required by this section records the results of the examination in the hoisting machinery log book.

Section 162 Daily inspection of hoisting and balance ropes

162. An employer or contractor must ensure that, at least daily, a competent worker:

(a) inspects the exterior of each hoisting rope and balance rope while the ropes are operating at a maximum speed of 90 metres per minute to note:

(i) any visible damage or distortion in the rope; and

(ii) the condition of the rope dressing; and

(b) records the details of the inspection mentioned in clause (a) in the hoisting machinery log book.

Section 163 Monthly inspection of hoisting ropes - drum hoists

163. (1) With respect to a drum hoist, an employer or contractor must ensure that, at least monthly, a competent worker:

(a) inspects the portion of the hoisting rope that is not on the drum when the conveyance is at its lowest stopping point;

(b) inspects the portion of the hoisting rope that normally remains on the drum when the conveyance is at its lowest stopping point; and

(c) records the details of the inspections mentioned in clauses (a) and (b) in the hoisting machinery log book.

(2) An inspection pursuant to clause (1)(a) must include:

(a) the cleaning of a portion of the rope, with a different portion cleaned for each monthly inspection; and

(b) an examination of the condition of the cleaned portion of the rope, including:

(i) measuring any reduction in diameter; and

(ii) an examination for any corrosion, distortion, broken wires or wear on the rope.

(3) An inspection pursuant to clause (1)(b) must include an examination of the rope:

(a) for any significant crushing;

(b) for any deterioration of the rope; and

(c) to determine whether the rope is properly wound on the drum.

(4) If, as a result of an inspection pursuant to subsection (1), there is a finding of corrosion, broken wires, an appreciable reduction in diameter or an appreciable amount of wear, the competent worker must monitor the condition of the rope to ensure that the rope is capable of safe operation by re-examining the portion of the rope in which the problem is found at intervals of time that are sufficient to protect the health and safety of workers.

Section 164 Monthly inspection of ropes - friction hoists

164. With respect to a friction hoist, an employer or contractor must ensure that, at least monthly, a competent worker:

(a) measures and records on a graph the stretch of each hoisting rope and the number of hoisting cycles completed with each hoisting rope;

(b) measures and records the diameter of each hoisting rope at suitable locations on the rope;

(c) examines the condition of each hoisting rope, including examining for any corrosion, distortion, broken wires or wear on the ropes;

(d) examines the balance rope at suitable locations on the rope, including the areas adjacent to the attachments and in the loop when the conveyance is at a shaft station, and observes the condition of the rope, including examining any corrosion, distortion, broken wires or wear on the ropes; and

(e) records the details of the examinations mentioned in clauses (a) to (d) in the hoisting machinery log book.

Section 166 Testing of hoisting ropes - friction hoists

166. (1) With respect to a friction hoist, an employer or contractor must ensure that a competent worker:

(a) at suitable intervals of time, examines and adjusts each hoisting rope:

(i) to maintain the desired torque balance of the rope; and

(ii) in multi-rope installations, to maintain equal tension among the ropes;

(b) subject to section 167, at least every six months, electromagnetically tests each hoisting rope using an approved electromagnetic testing service or another approved method; and

(c) at least every 12 months:

(i) changes the position of each hoisting rope within the clamps or attachments if it is practicable to do so; or

(ii) if the position change mentioned in subclause (i) is not practicable, thoroughly examines the hoisting rope within the clamps or attachments:

(A) after dismantling and thoroughly cleaning the attachment between the rope and the conveyance or counterweight; or

(B) if the procedure described in paragraph (A) is not reasonably practicable, by another approved method.

(2) If the attachment between a hoisting rope and the conveyance or counterweight is disassembled, the employer or contractor must ensure that the attachment is not reassembled unless the rope is in satisfactory condition.

(3) An employer or contractor must ensure that the competent worker who conducts any inspection, test or other action pursuant to this section records the details in the hoisting machinery log book.

Section 168 Annual inspection - hoisting ropes and balance ropes

168. (1) An employer or contractor must ensure that a competent worker:

(a) inspects each hoisting rope and balance rope in accordance with this section as often as is necessary to ensure that the rope is capable of safe operation, but at least every 12 months; and

(b) records the details of the inspection mentioned in clause (a) in the hoisting machinery log book.

(2) An inspection pursuant to subsection (1) must include:

(a) the cleaning of portions of the hoisting and balance ropes at 30-metre intervals throughout the length of the ropes; and

(b) an examination of the condition of the cleaned portions of the ropes, including:

(i) measuring any reduction in diameter of the hoisting ropes;

(ii) an examination for any corrosion, distortion, broken wires or wear on the hoisting and balance ropes; and

(iii) if necessary, opening corroded portions of the balance rope to examine the interior of the rope.

Section 169 Annual inspection - guide ropes and rubbing ropes

169. (1) An employer or contractor must ensure that a competent worker:

(a) inspects each guide rope and rubbing rope in accordance with this section as often as is necessary to ensure that the rope is capable of safe operation, but at least every 12 months; and

(b) records the details of the inspection mentioned in clause (a) in the hoisting machinery log book.

(2) An inspection pursuant to subsection (1) must include:

(a) the cleaning of portions of the rope at 30-metre intervals throughout the length of the rope, including every conveyance meeting point, shaft station, discharge point and loading point; and

(b) an examination of the condition of the cleaned portions of the rope, including:

(i) measuring any reduction in diameter; and

(ii) an examination for any corrosion, distortion, broken wires or wear on the rope.

Section 170 Testing and adjustment of balance ropes, guide ropes and rubbing ropes

170. (1) Subject to subsections (2) to (6), an employer or contractor must ensure that, at least every 12 months, an approved electromagnetic testing service examines each balance rope, guide rope and rubbing rope with an electromagnetic testing device or another approved method to determine whether the rope is in safe operating condition.

(2) Subsection (1) does not apply to guide ropes and rubbing ropes located in potash mines.

(3) If a test of a balance rope in accordance with subsection (1) determines that the rope has lost more than 7% of its original breaking load, the employer or contractor must ensure that an approved electromagnetic testing service examines the rope with an electromagnetic testing device or another approved method:

(a) at least every six months; or

(b) at any other interval of time directed by the chief mines inspector.

(4) If extrapolation of the results of a test of a balance rope indicates that the rope will lose more than 10% of its original breaking load before the next test required pursuant to these regulations, the employer or contractor must ensure that an approved electromagnetic testing service examines the rope with an electromagnetic testing device or another approved method:

(a) at least every three months; or

(b) at any other interval of time directed by the chief mines inspector.

(5) Subject to subsection (6), an employer or contractor must ensure that each guide rope and rubbing rope used in a potash mine is in safe operating condition:

(a) by ensuring that:

(i) at least every 36 months each rope is examined by an approved electromagnetic testing service with an electromagnetic testing device or another approved method; and

(ii) at least every 12 months each rope is cleaned and checked for decrease in diameter every 30 metres; or

(b) by ensuring that at least every 12 months each rope is examined by an approved electromagnetic testing service with an electromagnetic testing device or another approved method.

(6) If extrapolation of the results of a test of a guide rope or rubbing rope located in a potash mine indicates that the rope will lose more than 20% of its original breaking load before the next test required pursuant to these regulations, the employer or contractor must ensure that an approved electromagnetic testing service examines the rope with an electromagnetic testing device or another approved method:

(a) at least every 12 months; or

(b) at any other interval of time directed by the chief mines inspector.

(7) If reasonably practicable, an employer or contractor must ensure that, at least every five years, each guide rope and rubbing rope is lifted through a distance that is at least 1.5 times the headframe capping length.

(8) If there is uneven wear in a guide rope, the employer or contractor must ensure that the rope is turned through a suitable angle at suitable intervals of time to equalize the wear around the diameter of the rope.

(9) An employer or contractor must record the details of an inspection or action required pursuant to this section in the hoisting machinery log book.

Section 171 Unusual rope condition

171. If an unusual condition is identified in a shaft rope that does not constitute a sufficient reason to discard the rope pursuant to section 172, 173 or 174, the employer or contractor must:

(a) immediately notify the chief mines inspector of the unusual condition; and

(b) ensure that examinations of the rope are conducted at appropriate intervals of time along the length of the rope to ensure the safety of workers.

Section 175 Notice of hoisting rope discard

175. (1) If a hoisting rope is taken out of service, the employer or contractor must, within 180 days, give written notice of that fact to the chief mines inspector.

(2) A written notice required by subsection (1) must include:

(a) the date on which the rope is taken out of service;

(b) the reasons for taking the rope out of service; and

(c) the disposition of the rope.

Section 179 Qualifications of hoist operator

179. No person shall act as a hoist operator, and no employer or contractor shall require or permit a person to act as a hoist operator, unless:

(a) the person is competent to act as a hoist operator;

(b) the person:

(i) holds a valid hoist operator's certificate issued pursuant to section 183; or

(ii) holds a valid temporary authorization to operate a hoist issued pursuant to section 181;

(c) the person holds a valid annual medical certificate issued pursuant to section 185;

(d) the person has adequate knowledge of the language normally used at the mine;

(e) the person has:

(i) a minimum of three years' mining experience; or

(ii) a combination of training and experience that, in the opinion of the chief mines inspector, is equivalent to three year's mining experience;

(f) the person's employer or contractor certifies in writing that the person:

(i) has at least 150 hours of combined:

(A) training; and

(B) hoisting experience under the supervision of a certified hoist operator;

(ii) a combination of training and experience that, in the opinion of the chief mines inspector, is equivalent to the requirements set out in subclause (i); and

(iii) has been trained in the procedures that the person will be expected to perform as a hoist operator at the mine; and

(g) the person is authorized by the person's employer or contractor to act as a hoist operator.

Section 180 Suspension of authorization to operate hoist

180. If an employer or contractor suspends or revokes an authorization to act as a hoist operator, the employer or contractor shall immediately inform the chief mines inspector of the suspension or revocation and the reasons for it.

Section 182 Hoist operator's examination

182. (1) A person is eligible to take the hoist operator's examination if:

(a) the person has been recommended by his or her employer or contractor to the chief mines inspector; and

(b) the employer or contractor of that person provides a written notice to the chief mines inspector stating that:

(i) the person meets the qualifications set out in section 179; or

(ii) the employer or contractor will undertake to ensure that the person meets the qualifications set out in section 179 before the employer or contractor authorizes the person to act as a hoist operator.

(2) The chief mines inspector may set an examination to test the knowledge, with respect to the following subjects, of a person who wishes to obtain a hoist operator's certificate:

(a) legal requirements and standards applicable to hoists;

(b) construction and specifications of the type of hoist to be operated;

(c) safety devices used on hoists and safety practices and procedures to be followed in operating a hoist;

(d) safety inspections and hoist tests;

(e) the hoist signalling system for the hoist that the person is to operate;

(f) signalling procedures;

(g) the responsibilities of a hoist operator;

(h) recording test results and observations of abnormal circumstances in the hoist operator's log book;

(i) emergency procedures;

(j) practices and procedures to be followed in using a hoist to transport workers.

(3) The chief mines inspector may permit a person who fails the hoist operator's examination to make another attempt after a period of not less than 30 days after the date of the previous attempt.

Section 192 Workers in charge of conveyance

192. (1) An employer or contractor must:

(a) designate a worker to be in charge of a conveyance when the conveyance is operating under manual control;

(b) ensure that the names of the workers designated pursuant to clause (a) are readily available for the information of workers; and

(c) ensure that no worker, other than a worker designated pursuant to clause (a), is in charge of a conveyance that is under manual control.

(2) An employer or contractor shall not designate a worker pursuant to clause (1)(a) unless the worker has been trained in hoisting signals and the matters set out in subsection (3).

(3) An employer or contractor must ensure that a worker designated pursuant to clause (1)(a) who is in charge of a conveyance operating under manual control:

(a) maintains discipline in the conveyance while persons are being transported;

(b) enforces the maximum load for the conveyance, as set out in the certificate required pursuant to section 137;

(c) notifies the hoist operator if a heavy or irregularly shaped load is to be transported; and

(d) gives any necessary hoist signals to the hoist operator.

(4) If workers are underground in an area served by a hoist operated by manual control, the employer or contractor must ensure that when the worker in charge of the conveyance is not riding in or on the conveyance:

(a) the worker is readily available at all times within the sound of the shaft signals; or

(b) the fire control and emergency response plan developed pursuant to section 383 contains suitable provisions to ensure the conveyance is made available in the event of an emergency.

Section 196 Inspection of hoist brakes

196. An employer or contractor must ensure that, on each shift before a conveyance operating under manual control is moved, the hoist operator:

(a) determines whether or not the hoist brakes are in proper working condition:

(i) in the case of a mechanical hoist, by testing the brakes of the drums against the normal starting power of the engine; and

(ii) in the case of an electric hoist, by testing the brakes against the normal starting current;

(b) in the case of a drum hoist fitted with a clutch, does not unclutch any drum of the hoist until the test mentioned in clause (a) is complete and the hoist operator determines that the brakes are in proper working condition;

(c) in the case of a drum hoist fitted with a friction clutch, tests the holding power of the clutch while the brake of the corresponding drum is kept on and the brake of the other drum is kept off:

(i) in the case of a mechanical hoist, against the normal starting power of the engine; or

(ii) in the case of an electric hoist, against the normal starting current;

(d) immediately reports any defects or unsafe conditions with respect to the hoist brakes to the employer or contractor; and

(e) records the results of each test required by this section in the hoist operator's log book.

Section 197 Overwind and underwind testing

197. An employer or contractor must ensure that a hoist operator:

(a) tests the overwind and underwind safety devices required by sections 127 and 129 at least daily when the hoist is in operation; and

(b) records the results of the tests mentioned in clause (a) in the hoist operator's log book.

Section 198 Testing after hoist stoppage

198. (1) After every stoppage of a hoist for repairs or for any other purpose in which the stoppage lasts for more than two hours, the employer or contractor must ensure that, before any worker is raised or lowered in the conveyance, the hoist operator:

(a) tests the safety of the hoist by moving the conveyance one complete trip up and down the working portion of the shaft; and

(b) records the results of the test in the hoist operator's log book.

(2) Subsection (1) does not apply if a hoist is sitting idle on automatic.

Part V General Safety Requirements

Section 30 Remedying defects, unsafe conditions

30. (1) If a defect or unsafe condition that may create a hazard to a worker is identified, an employer or contractor must:

(a) until appropriate steps are taken pursuant to clause (b), take immediate steps to protect the health and safety of any worker who may be at risk; and

(b) as soon as is reasonably practicable, take suitable action to correct the defect or unsafe condition.

(2) A worker who knows or has reason to believe that a worksite or any equipment under the worker's control is not in a safe condition must:

(a) repair the defect or correct the unsafe condition if the worker is authorized by the employer to do so and is competent to do so; or

(b) as soon as is reasonably practicable, report the condition of the worksite or equipment to the employer.

Section 32 Report by professional engineer

32. The chief mines inspector may:

(a) require an employer, contractor or owner to supply a report by a professional engineer or professional geoscientist on any matter governed by these regulations if the chief mines inspector has reason to believe that there is a potential danger to any worker employed at that mine; and

(b) specify the time within which the report mentioned in clause (a) must be submitted.

Part XI Storage, Transportation and Use of Explosives

Section 231 Control of magazines

231. (1) An employer or contractor must ensure that each magazine is kept securely locked at all times except during deliveries, withdrawals and inspections conducted pursuant to section 232.

(2) An employer or contractor must ensure that the following information is recorded for each magazine:

(a) the quantity of explosives, detonators and detonating cord kept in the magazine;

(b) the date of delivery of any explosives, detonators or detonating cord to the magazine and the quantity and type delivered;

(c) the date of issuance of any explosives, detonators or detonating cord from the magazine and the quantity and type issued.

(3) An employer or contractor must ensure that, at each magazine, the oldest stock of each type and size of explosive is used first.

Section 232 Inspection and maintenance

232. (1) An employer or contractor must:

(a) appoint a person who holds a valid blaster's certificate issued pursuant to section 248 or a temporary authorization to blast issued pursuant to section 246 to:

(i) conduct a thorough weekly inspection of all magazines and day boxes;

(ii) record the information required by subsection 231(2); and

(iii) submit a written report to the employer or contractor summarizing the results of each inspection; and

(b) countersign the entries made pursuant to subclause (a)(ii).

(2) An employer or contractor must ensure that:

(a) any unsafe condition identified pursuant to subsection (1) or otherwise is corrected as soon as possible; and

(b) all deteriorated explosives are disposed of in a safe manner.

Division 3 Transportation of Explosives

Section 235 Control of vehicles

235. (1) An employer or contractor must ensure that a vehicle being used to transport explosives:

(a) is under the charge of a worker who holds a valid blasting certificate issued pursuant to section 248 or a temporary authorization to blast issued pursuant to section 246; and

(b) is not left unattended unless:

(i) the vehicle is designated by the employer or contractor as a vehicle that may only be used for transporting and holding explosives;

(ii) the vehicle is parked in an area that is designated by the employer or contractor as an area in which a vehicle transporting explosives may be parked; and

(iii) the supervisor records the details of the vehicle's load and location in the shift record.

(2) An employer or contractor must ensure that the driver of a vehicle used to transport explosives:

(a) drives in a careful manner;

(b) drives at a speed that is reasonable for the prevailing conditions; and

(c) stops the vehicle before crossing a railway track.

(3) The driver of a vehicle used to transport explosives must:

(a) drive in a careful manner;

(b) drive at a speed that is reasonable for the prevailing conditions; and

(c) stop the vehicle before crossing a railway track.

Section 238 Refuelling

238. (1) An employer or contractor must ensure that, except in an emergency, no vehicle is refuelled while it is being used to transport explosives.

(2) If a vehicle is refuelled while being used to transport explosives, the employer or contractor must report the details of the occurrence to the committee as soon as possible.

(3) Subsections (1) and (2) do not apply to a vehicle that is used only for the transportation and storage of explosives, detonators or detonating cord.

Section 245 Suspension of authorization to blast

245. If an employer or contractor suspends or revokes an authorization to act as a blaster, the employer or contractor shall immediately inform the chief mines inspector of the suspension or revocation and the reasons for it.

Section 246 Temporary authorization to blast

246. (1) An employer or contractor:

(a) may issue a written temporary authorization to blast to a worker who, in the opinion of the employer or contractor:

(i) has adequate knowledge of the language normally used at the mine;

(ii) has mining experience and training that is adequate for undertaking the duties of conducting a blasting operation; and

(iii) has demonstrated adequate practical knowledge of explosives and safe blasting procedures; and

(b) must forward to the chief mines inspector a copy of any temporary authorization to blast issued pursuant to clause (a) within 14 days of issue.

(2) A temporary authorization to blast expires on the earlier of the following dates, unless it is revoked or suspended pursuant to section 245:

(a) 180 days after the date of issue;

(b) the day on which the worker is issued a blaster's certificate.

(3) An employer or contractor shall not renew a temporary authorization to blast unless at least 60 days have passed since the expiration of the temporary authorization.

Section 247 Blaster's examination

247. (1) A person is eligible to take the blaster's examination if:

(a) the person has been recommended by his or her employer or contractor to the chief mines inspector; and

(b) the employer or contractor of that person provides a written notice to the chief mines inspector stating the person meets the qualifications set out in section 244.

(2) The chief mines inspector may set an examination to test the knowledge, with respect to the following subjects, of a person who wishes to obtain a blaster's certificate:

(a) legal requirements and standards applicable to blasting and the use of explosives;

(b) the nature and types of explosives and the selection of the appropriate types of explosives;

(c) storage and transportation of explosives;

(d) initiation systems and the selection of the appropriate types of initiation systems;

(e) blasting techniques and practices;

(f) primers;

(g) safety precautions to be used before, during and after blasting;

(h) the methods of loading holes and safety precautions to be used in loading holes;

(i) the firing of shots, the connection of detonator lead wires and firing cables, and the testing of firing circuits;

(j) misfires and faulty firing circuits.

(3) The chief mines inspector may permit a person who fails the blaster's examination to make another attempt after a period of not less than 30 days after the date of the previous attempt.

Section 259 Misholes

259. (1) If there is a mishole, the blaster must:

(a) mark the mishole by:

(i) inserting a conspicuous, non-metallic marker at the hole's out end;

(ii) roping off the area around the mishole to prevent unauthorized entry; or

(iii) using any other method authorized by the employer or contractor;

(b) blast the mishole as soon as it is safe to do so in accordance with blasting procedure; or

(c) wash out the explosive by an approved method if the explosive used is water soluble.

(2) If drilling is required, the blaster must notify the direct supervisor before commencing drilling.

(3) The direct supervisor must:

(a) determine the location, direction and depth of any hole necessary for blasting the misfired shot; and

(b) supervise the drilling of holes mentioned in clause (a).

(4) If any mishole remains at the end of a shift, the direct supervisor must record the location of each mishole in the shift record.

(5) If work on a working face is to be discontinued, the employer or contractor must ensure that, as soon as is reasonably practicable:

(a) the material broken at the firing of the last round is cleared from the working face;

(b) the working face is thoroughly examined for explosive in any cut-off hole or mishole;

(c) all bootlegs are painted for identification; and

(d) if the ground support is installed normally, the ground support is installed to the end of the workings.

Section 282 Defective explosives, detonators

282. (1) An employer or contractor must give notice to the chief mines inspector as soon as is reasonably possible when a defective explosive or detonator is discovered.

(2) The notice required by subsection (1) must include the name and address of the manufacturer of the explosive or detonator and the details of the discovery.

(3) An employer or contractor must ensure that any explosive or detonator that has become defective as a result of the passage of time or the method of storage:

(a) is not used; and

(b) is removed and disposed of in a safe manner in accordance with the manufacturer's recommendations.

(4) If an employer or contractor wishes to dispose of a significant amount of explosives, other than by detonation or returning the explosives to the supplier, the employer or contractor must first obtain the written approval of the chief mines inspector of the disposal procedure to be used.

Part XIV Air Quality and Ventilation Underground at a Mine

Section 291 Air quality underground

291. (1) An employer or contractor must develop and implement a written program to monitor the quality and quantity of the air in all parts of an underground mine except in those areas barricaded or fenced off.

(2) The air quality program mentioned in subsection (1) must:

(a) be developed in consultation with the committee; and

(b) contain a description of:

(i) the locations to be monitored;

(ii) the frequency at which the locations are to be monitored; and

(iii) the type of equipment to be used and how the equipment is to be calibrated.

(3) An employer or contractor must ensure that:

(a) a competent person is responsible for measuring the air quality at the mine;

(b) the person mentioned in clause (a) records the result of each measurement; and

(c) the records of the air quality program are readily available to workers.

Section 293 Flammable gas underground

293. (1) A worker who detects or suspects flammable gas underground must:

(a) cease any work or activity that may ignite the gas; and

(b) immediately notify the employer or contractor.

(2) If flammable gas is detected in a dangerous concentration underground, an employer or contractor must:

(a) take immediate steps to protect the health and safety of any worker who may be at risk;

(b) designate the area as a fire hazard in accordance with section 352;

(c) identify the source of the gas; and

(d) control the hazard.

Part XV Haulage

Section 313 Brakes - testing

313. (1) An employer or contractor must develop and implement a written program to test the brakes of all vehicles.

(2) Subject to subsection (3), the brake testing program mentioned in subsection (1) must describe the tests to be used:

(a) before putting a vehicle into service at a mine;

(b) when testing the braking systems of each vehicle at the beginning of each shift; and

(c) following a major repair to the braking systems of any vehicle.

(3) If a rubber-tired vehicle used to transport material on the surface has a gross vehicle weight in excess of 25 000 kilograms and a rated speed in excess of 32 kilometres per hour, an employer or contractor must ensure that the service brakes are tested annually in accordance with Table 3.

(4) An employer or contractor must ensure that:

(a) the results of the tests required pursuant to clauses (2)(a) and (c) and subsection (3) are recorded in the vehicle maintenance record mentioned in section 316; and

(b) the results of the tests required pursuant to clause (2)(b) are recorded in the vehicle record mentioned in section 316.

Division 2 Vehicle Operation

Section 317 Pre-operation inspections

317. An employer or contractor must ensure that:

(a) the details of each pre-operation inspection conducted in accordance with these regulations are recorded in the vehicle record by the person who performed the inspection; and

(b) each vehicle record mentioned in section 316 is kept readily available to the operator of the vehicle or, if reasonably practicable, with the vehicle.

Section 318 Vehicle maintenance

318. An employer or contractor must ensure that:

(a) all vehicles are maintained and repaired by a competent person; and

(b) the competent person records the details of the maintenance and repairs in the vehicle maintenance record mentioned in section 316.

Section 324 Traffic control plan

324. (1) If a worker is in danger from vehicular traffic, an employer or contractor must develop and implement a written traffic control plan to protect the worker from traffic hazards.

(2) The traffic control plan mentioned in subsection (1) must:

(a) be developed in consultation with the committee; and

(b) set out, if appropriate:

(i) the maximum allowable speed of any vehicle in use;

(ii) the maximum operating grades;

(iii) the location and type of control signs;

(iv) the route to be taken by vehicles and units of powered mobile equipment;

(v) the priority to be established for classes of vehicles;

(vi) the location and type of barriers, restricted areas or safety stations;

(vii) the procedure to be used in case of an emergency; and

(viii) the duties of workers and the employer or contractor.

(3) An employer or contractor must ensure that:

(a) workers are trained in the traffic control plan developed pursuant to subsection (1); and

(b) the traffic control plan developed pursuant to subsection (2) is made readily available for reference by workers.

Section 330 Mine dump

330. (1) An employer or contractor must develop a written dump plan at least 14 days before commencing construction of the dump, roads and ramps that are part of the dumping operation.

(2) The dump plan mentioned in subsection (1) must:

(a) be developed in consultation with the committee;

(b) be submitted to the chief mines inspector; and

(c) describe:

(i) the proposed location of the dump, roads and ramps;

(ii) the grades of each road and ramp;

(iii) the location of dump berms and dump blocks;

(iv) the location of restricted areas; and

(v) the safety procedures to be implemented, including signalling procedures.

(3) An employer or contractor must ensure that a dump plan developed pursuant to subsection (1) is made readily available to workers at the mine.

(4) An employer or contractor must ensure that a dump is designed by a professional engineer if at least one of the following circumstances exists:

(a) the dump plan contemplates a total dump volume in excess of one million cubic metres;

(b) the dump plan contemplates a dump height in excess of 50 metres;

(c) the dump plan contemplates a dump area in excess of five hectares;

(d) the dump is to be located on a natural or trimmed slope that is steeper than 20o from the horizontal plane;

(e) the dump plan contemplates that waste material will be dumped or placed in a watercourse having a potential peak flow that is greater than one cubic metre per second, once in every 200 years;

(f) the proposed dump location may pose a hazard to a building, road, power transmission line, pipeline or major watercourse.

Section 332 Stockpiles

332. (1) If material is to be stored in a stockpile, an employer or contractor, in consultation with the committee, must:

(a) develop a work plan for the operation of the stockpile to ensure the health and safety of workers who work on or near the stockpile;

(b) make a copy of the work plan readily available to workers at the stockpile; and

(c) ensure that all workers and self-employed persons comply with the work plan.

(2) A work plan for the operation of a stockpile must be in writing and must include provisions for:

(a) supervision of the operation;

(b) training of workers;

(c) any necessary limits on the use of equipment on or near the stockpile;

(d) control of:

(i) the formation of dangerous slopes; and

(ii) the undermining of the stockpile; and

(e) control of drawpoints and dumping operations.

Division 4 Conveyors

Part XVI Use of Diesel Engines Underground

Section 343 Diesel engine inspection and maintenance

343. An employer or contractor must:

(a) develop and implement a written maintenance program for diesel engines used underground that is designed to minimize exhaust emissions by keeping the diesel engines operating at peak performance;

(b) ensure that all diesel engines are inspected and maintained by a qualified person for defects and unsafe conditions as often as is necessary to ensure that:

(i) the diesel engines are in good operating condition; and

(ii) the diesel engine emissions do not exceed the emission limits set out in the maintenance program developed pursuant to clause (a); and

(c) ensure that a record of any inspection or maintenance activity carried out pursuant to clause (a) or (b) is recorded:

(i) in the case of a vehicle, in the vehicle maintenance record mentioned in section 316; and

(ii) in all other cases, in a maintenance record.

Division 2 Diesel Engine Emissions

Section 348 Testing - non-particulate exhaust emissions

348. (1) If diesel powered equipment operates underground, an employer or contractor shall develop and implement a written testing program that tests the following:

(a) at suitable locations representative to the exposure of workers:

(i) the airflow around the diesel powered equipment where a worker is usually present to ensure that the airflow is adequate pursuant to section 345;

(ii) the airborne exhaust emissions to ensure that the contamination limits for nitrogen dioxide, carbon dioxide and carbon monoxide do not exceed the limits set out in clauses 292(3)(a) to (c) in any place where a worker is usually present; and

(iii) the oxygen content to ensure that it meets the requirements set out in clause 292(3)(d);

(b) the undiluted exhaust emissions of each diesel engine before the exhaust gases pass through an exhaust gas scrubber to ensure that the contamination limit set out in section 346 is not exceeded.

(2) The testing program mentioned in subsection (1) must:

(a) identify the method that will be used to conduct the tests;

(b) identify the procedure to be used to determine when exhaust emissions are most likely to be the highest for the tests mentioned in clauses (1)(a) and

(b) and ensure that the tests are done weekly;

(c) ensure that the test mentioned in clause (1)(b) is performed in accordance with section 343; and

(d) address the type of testing equipment to be used and how that equipment should be calibrated to ensure accuracy.

(3) An employer or contractor must:

(a) ensure that the testing equipment is appropriately and properly calibrated;

(b) ensure that a competent person is responsible for conducting the tests required by subsection (1); and

(c) ensure that the person mentioned in clause (b):

(i) records the results of any test done pursuant to subclauses (1)(a)(i) to (iii); and

(ii) records the results of any test done pursuant to clause (1)(b) in a maintenance record.

Section 349 Testing - particulate exhaust emissions

349. (1) If a diesel engine operates underground and there is a risk to workers from exposure to airborne diesel particulate matter, an employer or contractor must develop and implement a written testing program to test the concentration of airborne diesel particulate matter underground.

(2) The testing program mentioned in subsection (1) must:

(a) be developed in consultation with the chief mines inspector;

(b) identify the method that will be used to conduct the tests;

(c) ensure that the testing is representative of worker exposure to airborne diesel particulate matter; and

(d) address the type of testing equipment to be used and how that equipment should be calibrated to ensure accuracy.

(3) An employer or contractor must:

(a) ensure that the testing equipment is appropriate and properly calibrated;

(b) ensure that a competent person is responsible for conducting the tests required by this section;

(c) ensure that the person mentioned in clause (b) records the results of any tests done;

(d) provide the committee with a copy of the results recorded pursuant to clause (c); and

(e) submit a copy of the results recorded pursuant to clause (c) to the chief mines inspector.

Part XVII Fire Prevention and Control

Section 355 Fire-fighting equipment

355. (1) An employer or contractor must ensure that there are suitable and adequate portable fire extinguishers and other suitable and adequate fire-fighting equipment:

(a) in the case of an open pit mine:

(i) on each vehicle;

(ii) on every dredge;

(iii) at every belt conveyor drive unit; and

(iv) at any location where a fire may create a hazard to a worker; and

(b) in the case of an underground mine:

(i) at each headframe or other entrance to an underground mine;

(ii) in each hoist room;

(iii) at any surface location where a fire may create a hazard to a worker;

(iv) on each vehicle and at each stationary diesel engine;

(v) at every underground crusher station, electrical installation, pump station, shaft station, belt conveyor drive unit, service garage, fuel station, explosive storage area, flammable liquid storage area and hot work area; and

(vi) at any other area that is designated as a fire hazard area pursuant to section 352.

(2) An employer or contractor must ensure that the fire-fighting equipment required pursuant to subsection (1) is:

(a) conspicuously marked; and

(b) located so that, in the event of a fire, it will be accessible.

Section 356 Maintenance and inspection of fire-fighting equipment

356. (1) In this section, "equipment" means the fire-fighting equipment required pursuant to section 355.

(2) An employer or contractor must ensure:

(a) that a competent person:

(i) maintains the equipment;

(ii) conducts monthly inspections of the equipment; and

(iii) prepares a written report containing the details of each monthly inspection conducted pursuant to subclause (ii); and

(b) that the inspection report mentioned in subclause (a)(iii) is:

(i) recorded by the competent person mentioned in clause (a) and countersigned by the employer or contractor; and

(ii) located at the place of employment and made readily available to workers.

Section 361 Inspection and maintenance of fuel station

361. An employer or contractor must:

(a) ensure that every fuel station is maintained in a condition of efficient and safe functioning by a system of regular examination, testing, servicing and repair;

(b) ensure that a competent person is responsible for inspecting each underground fuel station weekly; and

(c) ensure that the results of each inspection conducted pursuant to clause (b) are recorded.

Part XVIII Control of Underground Water

Section 375 Bulkhead construction underground

375. (1) Subject to section 377, at least 14 days before commencing construction on a bulkhead, an employer or contractor must submit the following to the chief mines inspector for approval:

(a) a plan of the bulkhead designed by a professional engineer;

(b) the structural designs and specifications for the bulkhead;

(c) the design calculations for the bulkhead;

(d) detailed drawings of the bulkhead.

(2) An employer or contractor must ensure that every bulkhead is maintained to safely withstand any load expected to be placed on it.

(3) An employer or contractor must ensure that any bulkhead that is constructed on or after the day on which these regulations come into force is:

(a) designed by a professional engineer;

(b) designed and constructed to safely withstand any load expected to be placed on it; and

(c) constructed:

(i) in accordance with the approved plan mentioned in subsection (1);

(ii) under the direction of a professional engineer; and

(iii) to completely close off a mine opening.

Section 377 Emergency dam or bulkhead construction underground

377. (1) Notwithstanding sections 374 and 375, an employer or contractor may construct a dam or bulkhead without obtaining the approval of the chief mines inspector if an emergency situation arises that may jeopardize the health or safety of a worker or the safety of the mine if the dam or bulkhead is not constructed.

(2) If an emergency dam or bulkhead is constructed pursuant to subsection (1), the employer or contractor must:

(a) notify the chief mines inspector of the construction as soon as is practicable after construction commences; and

(b) submit to the chief mines inspector for approval:

(i) a plan for the dam or bulkhead designed by a professional engineer;

(ii) the structural designs and specifications for the dam or bulkhead;

(iii) the design calculations for the dam or bulkhead; and

(iv) detailed drawings of the dam or bulkhead.

Part XIX Emergency Response and Mine Rescue re Underground at a Mine

Section 384 Emergency warning system

384. (1) An employer or contractor must ensure that an underground mine is equipped with an effective emergency warning system that:

(a) warns workers of an emergency underground; and

(b) meets the requirements of this section.

(2) An emergency warning system used for the purposes mentioned in subsection (1) must:

(a) be fully operational at all times;

(b) be maintained by a competent person; and

(c) be equipped with a primary and back-up means of activation.

(3) Before installing or significantly modifying any emergency warning system required pursuant to subsection (1), an employer or contractor must submit the details of the emergency warning system, or any modification to it, to the chief mines inspector.

(4) An employer or contractor must ensure that, if reasonably practicable, high risk areas underground are monitored with a heat sensing device that is linked to:

(a) an alarm; and

(b) if reasonably practicable, a fire suppression system.

Section 385 Testing of emergency warning system and plan

385. (1) An employer or contractor must ensure that:

(a) at least once during each calendar year, the fire control and emergency response plan is tested by a drill that is initiated by the emergency warning system; and

(b) at least once during every two calendar years, every shift of workers participates in a test of the fire control and emergency response plan by a drill that is initiated by:

(i) the emergency warning system required by section 384; or

(ii) any other effective means.

(2) The person who conducts the tests pursuant to clause (1)(a) must submit a report to the chief mines inspector that:

(a) describes the simulated conditions used in the test;

(b) evaluates the effectiveness of the fire control and emergency response plan or emergency warning system, as the case may be; and

(c) details the functioning of the emergency warning system.

(3) An employer or contractor must ensure that any report prepared pursuant to subsection (2) is posted in a conspicuous location on the surface.

Section 389 Qualifications of mine rescue worker

389. (1) No person shall act as a mine rescue worker, and no employer or contractor shall require or permit a person to act as a mine rescue worker, unless:

(a) the person is competent to act as a mine rescue worker;

(b) the person holds:

(i) a valid mine rescue worker certificate issued pursuant to section 392; and

(ii) a valid class A qualification in first aid that meets the requirements of Part V of the OHS regulations;

(c) the person has, within the previous 12-month period, passed a comprehensive medical examination and has been certified by a duly qualified medical practitioner to be free of any medical condition that would prohibit the worker from using a respiratory protective device under arduous work conditions;

(d) the person has received approved training; and

(e) the person is designated by the person's employer or contractor to act as a mine rescue worker.

(2) An employer or contractor must ensure that accurate training records are kept for each mine rescue worker.

Section 390 Qualifications of mine rescue instructor

390. (1) No person shall act as a mine rescue instructor, and no employer or contractor shall require or permit a person to act as a mine rescue instructor, unless:

(a) the person is competent to act as a mine rescue instructor;

(b) the person holds:

(i) a valid mine rescue instructor certificate issued pursuant to section 392; and

(ii) a valid class A qualification in first aid that meets the requirements of Part V of the OHS regulations;

(c) the person has approved training and experience; and

(d) the person is designated by the person's employer or contractor to act as a mine rescue instructor.

(2) An employer or contractor must ensure that accurate training records are kept for each mine rescue instructor.

Section 391 Mine rescue examination

391. (1) A person is eligible to take the mine rescue worker examination if the employer or contractor of that person provides a written notice to the chief mines inspector stating that the person meets the qualifications set out in subclause 389(1)(b)(ii) and clauses 389(1)(c) and (d).

(2) A person is eligible to take the mine rescue instructor examination if the employer or contractor of that person provides a written notice to the chief mines inspector stating that the person meets the qualifications set out in subclause 390(1)(b)(ii) and clause 390(1)(c).

(3) The chief mines inspector may set a mine rescue worker examination and mine rescue instructor examination to test the knowledge, with respect to the following subjects, of persons who wish to obtain a mine rescue worker certificate or mine rescue instructor certificate, as the case may be:

(a) purpose and objective of a mine rescue;

(b) airborne contamination and mine ventilation;

(c) methods and instruments used to detect dangerous levels of airborne contamination;

(d) safety precautions and equipment;

(e) the responsibilities of a mine rescue worker;

(f) emergency procedures;

(g) the use of respiratory protective devices;

(h) fighting fire underground.

(4) The chief mines inspector may permit a person who fails the mine rescue worker examination or the mine rescue instructor examination to make another attempt after a period of not less than 30 days after the date of the previous attempt.

Section 401 Inspection of refuge stations

401. An employer or contractor must:

(a) ensure that every refuge station, and the equipment in the refuge station, is thoroughly inspected by a competent person at least once a month; and

(b) ensure that the results of each inspection conducted pursuant to clause (a) are recorded by the competent person mentioned in clause (a) and countersigned by the employer or contractor.

Part XX Abandoning Workings

Section 405 Notice of intended closing or abandonment

405. (1) An employer, contractor or owner must give written notice to the chief mines inspector of an intended closing or abandonment of a mine or a major part of a mine.

(2) The notice mentioned in subsection (1) must:

(a) be given as soon as is reasonably practicable, but not later than 60 days before beginning the process of closing or abandoning a mine or a major part of a mine;

(b) include a description of the methods by which:

(i) all explosives, fuses and detonators will be disposed of;

(ii) the shaft compartments will be abandoned and hoisting ropes disposed of;

(iii) the shafts and entrances from the surface will be secured;

(iv) the pits and other openings on the surface will be fenced or otherwise secured; and

(v) the safety of the mine site will be secured; and

(c) be accompanied by the plans mentioned in section 406.

Section 406 Submission of plans

406. Before a mine or any part of a mine is closed, abandoned or otherwise rendered inaccessible, the employer, contractor or owner must ensure that:

(a) all plans required pursuant to subsection 7(2) are updated; and

(b) copies of the plans mentioned in clause (a) are:

(i) certified as correct by the employer, contractor or owner; and

(ii) forwarded to the chief mines inspector.

Section 410 Disposing of explosives

410. If a mine is to be closed or abandoned, the employer, contractor or owner must:

(a) ensure that all explosives, detonators and detonating cord are disposed of in a safe manner in accordance with the manufacturer's instructions; and

(b) at least 14 days before disposal, notify the chief mines inspector in writing of the disposal procedure to be used for the purposes of clause (a).

Part II General Notice Requirements

Section 5 Commencement of work, intended installation

5. (1) Subsection 7(1) of the OHS regulations does not apply to mines.

(2) An employer, contractor or owner must give the chief mines inspector written notice of the following as soon as is reasonably possible:

(a) the commencement of work or the resumption of work after an interruption of work of two months or more;

(b) the commencement of work at a major new part of a mine.

(3) If a hoist is to be installed in a shaft, an employer, contractor or owner must provide the chief mines inspector with a written notice that:

(a) is given at least 90 days before commencement of the installation; and

(b) includes the specifications and layout of the facility.

(4) A notice required by this section must contain the information mentioned in subsection 7(3) of the OHS regulations.

Section 6 Dangerous occurrences

6. (1) In this section, "dangerous occurrence" means any occurrence that does not result in, but could have resulted in, a condition or circumstance set out in subsection 8(1) of the OHS regulations, and includes:

(a) the structural failure or collapse of a structure, scaffold, temporary falsework, concrete formwork, dam or bulkhead;

(b) the unanticipated failure or collapse of all or any part of an excavated shaft, tunnel, caisson, coffer dam, trench or excavation;

(c) any equipment failure involving a hoist, sheave, hoisting rope, conveyance, shaft timbering or shaft lining;

(d) any inrush of water underground;

(e) any outbreak of fire underground;

(f) any outbreak of fire on the surface that causes structural damage to a building at the mine;

(g) any call-out of a mine rescue team;

(h) any unusual gaseous condition in a workings;

(i) any rockburst or unexpected or uncontrolled subsidence or caving-in of a workings;

(j) any failure during use of the braking or steering system of a vehicle used for the hauling or loading of ore or waste;

(k) any loss of control of any vehicle conveying workers;

(l) the failure of a crane or hoist or the overturning of a crane or unit of powered mobile equipment;

(m) an accidental contact with an energized electrical conductor;

(n) the bursting of a grinding wheel;

(o) an uncontrolled spill or escape of a toxic, corrosive or explosive substance;

(p) a premature detonation or accidental detonation of explosives;

(q) the failure of an elevated or suspended platform; and

(r) the failure of an atmosphere-supplying respirator.

(2) An employer, contractor or owner shall give notice to the division as soon as is reasonably possible of any dangerous occurrence that takes place, whether or not a worker sustains injury.

(3) A notice required by subsection (2) must include:

(a) the name of each employer, contractor and owner involved in the dangerous occurrence at the mine;

(b) the date, time and location of the dangerous occurrence;

(c) the circumstances related to the dangerous occurrence;

(d) the name, telephone number and fax number of the employer, contractor or owner or a person designated by the employer, contractor or owner to be contacted for additional information.

(4) An employer, contractor or owner shall provide each co-chairperson or the representative with a copy of the notice required by subsection (2).

(5) An employer, contractor or owner shall ensure that every dangerous occurrence is investigated and a written report prepared in accordance with section 31 of the OHS regulations.

Part VIII Shaft-Sinking Operations

Section 77 Sinking shaft in sedimentary strata

77. (1) If a shaft is to be sunk in an area underlain by water-bearing or brine-bearing sedimentary strata, the employer, contractor or owner must give written notice to the chief mines inspector of any intention to drill any hole for the purpose of consolidating a shaft site by a grouting or freezing method.

(2) A notice required by subsection (1) must:

(a) be given as soon as is reasonably possible but not later than 90 days before drilling begins;

(b) include the location of the proposed shaft and the number and depth of the holes to be drilled; and

(c) if subsection (3) applies, include the radius and specifications of the pillar to be left around the shaft.

(3) If a shaft is to be sunk in an area underlain by water-bearing or brine-bearing sedimentary strata, the employer, contractor or owner must ensure that:

(a) a substantial pillar is left around the shaft at each working horizon that is adequate to protect the shaft from any damage resulting from movement of the strata; and

(b) a professional engineer determines the appropriate radius and other specifications of the pillar to meet the requirements of clause (a).

Section 80 Shaft lining

80. (1) If a shaft is to be lined with timber, an employer or contractor must ensure that:

(a) the timber is suitable and of adequate strength; and

(b) the lining is installed and maintained to a distance of not less than 15 metres from the bottom of the shaft.

(2) If a shaft is to be lined with concrete or steel and concrete, an employer, contractor or owner must:

(a) ensure that the lining is of suitable construction and is strong enough to withstand the maximum load that may reasonably be anticipated;

(b) specify a reasonable maximum distance to be permitted between the lower extremity of the lining and the shaft bottom and notify the chief mines inspector of that distance; and

(c) ensure that the lining, whether temporary or permanent, is installed and maintained to a distance from the bottom of the shaft that is not less than the distance specified pursuant to clause (b).

Shaft Safety and Shaft Inspections

Section 105 Working in shaft

105. (1) An employer or contractor must ensure that:

(a) no worker works or conducts an inspection in a shaft or in a part of a headframe not isolated from the shaft while hoisting operations are in progress, unless the hoisting operations are necessary for doing that work or conducting that inspection;

(b) no worker works or conducts an inspection in a shaft or in any shaft station, loading pocket, pump station or other opening into the shaft or headframe unless the worker is protected against:

(i) accidental contact with a moving conveyance; and

(ii) being struck by a falling object;

(c) no worker enters or crosses a compartment of a shaft in which hoisting operations are being carried on, except for the purpose of entering or leaving the conveyance in that compartment; and

(d) no worker works below a loading pocket unless the loading pocket has been adequately secured to prevent any inflow of material.

(2) Before any work or inspection mentioned in subsection (1) is performed and before a worker enters or crosses a compartment mentioned in clause (1)(c), an employer or contractor must ensure that:

(a) operational procedures are developed to protect worker health and safety;

(b) a competent person notifies the hoist operator that the work or inspection is about to begin or that a worker is about to enter or cross the compartment, as the case may be; and

(c) the hoist operator implements the procedures established pursuant to clause (a).

(3) The employer or contractor must:

(a) ensure that the notification mentioned in clause (2)(b) is recorded in the hoist operator's log book by the hoist operator; and

(b) countersign the entries made pursuant to clause (a) on a regular basis.

(4) If a worker is required or permitted to be below a staging or suspended work platform in a shaft or raise, or to be on a staging or suspended work platform that is being moved, the employer or contractor must ensure that the staging or suspended work platform is equipped with a secondary suspension system that will prevent the staging or platform from falling if the primary suspension system fails.

(5) While a staging or suspended work platform is being moved, the employer or contractor must ensure that only the workers who are required to move the staging or platform are required or permitted to be on it.