Coal Mining Occupational Health and Safety Regulations

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Coal Mining Occupational Health and Safety Regulations

SOR/90-97CANADA LABOUR CODE
Registration 1990-01-25
Coal Mining Occupational Health and Safety Regulations
P.C. 1990-107 1990-01-25Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour, pursuant to sections 125Footnote *, 125.1Footnote **, 125.3Footnote *** and 126Footnote * and subsections 157(1)Footnote * and (1.1)Footnote **** of the Canada Labour Code, is pleased hereby to revoke the Coal Mines (CBDC) Safety Regulations, C.R.C., c. 1011, and to make the annexed Regulations respecting occupational safety and health in coal mines in Nova Scotia made under Part II of the Canada Labour Code, in substitution therefor, effective February 15, 1990.

Return to footnote       *R.S., c. 9 (1st Supp.), s. 4
Return to footnote     **R.S., c. 24 (3rd Supp.), s. 5
Return to footnote   ***R.S., c. 26 (4th Supp.), s. 1
Return to footnote ****R.S., c. 26 (4th Supp.), s. 5(1)
1 [Repealed, SOR/2002-143, s. 2]

Interpretation

2 In these Regulations,

Act
Act means Part II of the Canada Labour Code; (Loi)
appointed
appointed means, in respect of a coal mine, appointed in writing by the mine manager; (nommé)
authorized
authorized means, in respect of a coal mine, authorized in writing by the mine manager; (autorisé)
auxiliary fan
auxiliary fan means a fan that is used for secondary ventilation in an underground portion of a coal mine which cannot be ventilated by the main fan or a booster fan without separate mechanical devices; (ventilateur secondaire)
blasting machine
blasting machine means a device that is designed for use in a coal mine and that provides an electrical impulse to explode an electrical detonator; (exploseur)
booster fan
booster fan means a fan that is situated underground and is used in conjunction with a main fan to assist in the primary ventilation of a coal mine; (ventilateur d’appoint)
breaking strength
breaking strength means, with respect to a hoist rope, the minimum static load applied to the rope that causes the rope to fail in tension; (charge de rupture)
certificate
certificate means a certificate of competency issued on the recommendation of the Provincial Board; (certificat)
chief electrician
chief electrician means a mine electrician who holds a first class certificate as a mine electrician and who is appointed to supervise all other mine electricians in a coal mine; (électricien en chef)
chief mechanic
chief mechanic means a mine mechanic who is appointed to supervise all other mine mechanics in a coal mine; (mécanicien en chef)
coal miner
coal miner means an employee who holds a certificate as a coal miner and who is appointed to work underground at cutting, shearing, breaking or otherwise loosening coal or stone from a working face; (mineur de charbon)
designated
designated means, in respect of a coal mine, designated in writing by the mine manager; (désigné)
district office

district office means, in respect of a coal mine, the district office of the Department of Labour that is

(a) closest to the coal mine, and
(b) in the administrative region of that Department in which the coal mine is situated; (bureau de district)

electrical equipment
electrical equipment means equipment for the generation, distribution or use of electricity; (équipement électrique)
engineer
engineer means an engineer who is licensed to practise in the Province of Nova Scotia; (ingénieur)
explosive
explosive does not include a detonator; (explosif)
factor of safety
factor of safety means, in respect of equipment, the number of times the breaking strength of the equipment is greater than the maximum load for which the equipment is designed; (facteur de sécurité)
first aid certificate
first aid certificate means a certificate issued by the St. John Ambulance or the Canadian Red Cross Society following the successful completion of a two-day first aid course; (certificat de secourisme)
flameproof

flameproof means, in respect of electrical equipment, that the equipment is in an enclosure that is capable of

(a) withstanding, without damage, an explosion that may occur within the enclosure of any mixture of methane gas and air, and
(b) preventing ignition of any mixture of methane gas and air surrounding the enclosure from sparks or flames from the explosion of such a mixture within the enclosure; (antidéflagrant)

intrinsically safe
intrinsically safe means, in respect of electrical equipment, that any spark or thermal effect in any part of the electrical equipment and its interconnecting wiring is not capable of causing the ignition of any mixture of methane gas and air; (intrinsèquement sûr)
locked out
locked out means, in respect of any equipment, machine or device, that the equipment, machine or device has been rendered inoperative and cannot be operated or energized without the consent of the person who rendered it inoperative; (verrouillé)
main fan
main fan means a fan that is situated above ground at a coal mine and is used for primary ventilation in the coal mine; (ventilateur principal)
man car
man car means a vehicle that is used underground to transport persons along a fixed rail, track or trolley beam; (wagonnet de transport des personnes)
material car
material car means a vehicle that is used underground to transport material or equipment along a fixed rail, track or trolley beam; (wagonnet de transport du matériel)
maximum authorized load
maximum authorized load means, in respect of a hoist, the maximum static load that the hoist may carry without the factor of safety of the hoist rope being reduced; (charge maximale autorisée)
meeting station
meeting station means a meeting station designated under subsection 40(2); (poste de rassemblement)
mine car
mine car means a man car or a material car; (wagonnet de mine)
mine electrician
mine electrician means an employee who holds a first or second class certificate as a mine electrician and who is appointed as a mine electrician; (électricien de mine)
mine examiner
mine examiner means an employee who holds a certificate as a mine examiner and who is appointed as a mine examiner; (inspecteur de mine)
mine manager
mine manager means, in respect of a coal mine, an employee who holds a first class certificate as a mine official and is employed by the employer as the manager of the mine pursuant to a written contract; (directeur de mine)
mine mechanic
mine mechanic means an employee who holds a first or second class certificate as a mine mechanic, including an employee who holds a stationary engineer’s certificate issued before April 1, 1986, and who is appointed as a mine mechanic; (mécanicien de mine)
mine rescue station superintendent
mine rescue station superintendent means a mine rescue worker who holds a certificate as a mine examiner and who is appointed as a mine rescue station superintendent under paragraph 151(2)(b); (surintendant de station de sauvetage)
mine rescue team captain
mine rescue team captain means a mine rescue worker who holds a certificate as a mine examiner and who is appointed as a mine rescue team captain under paragraph 151(2)(a); (capitaine d’équipe de sauvetage)
mine rescue worker

mine rescue worker means an employee who holds

(a) a certificate in mine rescue work and first aid to the injured, and
(b) a first aid certificate; (sauveteur minier)

mine surveyor
mine surveyor means an employee who holds a certificate as a mine surveyor and who is appointed as a mine surveyor; (arpenteur minier)
overman
overman means an employee who holds a third class certificate as a mine official and who is appointed as an overman; (maître mineur)
Provincial Board
Provincial Board means the Board of Examiners appointed under subsection 4(1) of the Coal Mines Regulation Act, R.S.N.S. 1967, c. 36; (Commission provinciale)
qualified person
qualified person means, in respect of a specified duty, an employee who, because of the employee’s knowledge, training and experience, is qualified to perform that duty safely and properly; (personne qualifiée)
rope-testing laboratory
rope-testing laboratory means a laboratory set out in Schedule I; (laboratoire d’essais de câbles)
shaft
shaft includes a slope, incline or pit; (puits)
shot
shot means an explosive charge that has been placed in a shot hole; (coup de mine)
shotfirer
shotfirer means an employee who holds a certificate as a mine examiner and who is appointed as a shotfirer; (tireur de mine)
trip
trip means a mine car or mine cars that are connected together; (convoi)
underground manager
underground manager means an employee who holds a second class certificate as a mine official and who is appointed as an underground manager; (directeur de fond)
vertical shaft
vertical shaft means a shaft that has an inclination greater than 45° from the horizontal; (puits vertical)
working face
working face means a location underground from which coal or stone is cut, sheared, broken or otherwise loosened; (front de taille)
working shaft
working shaft means a shaft through which employees, coal or materials are normally transported. (puits d’exploitation)

Application

3 These Regulations apply in respect of coal mines subject to the Act.
SOR/2002-143, s. 3.

Records, Reports, Plans and Procedures

4 (1) Every record, report, plan or procedure referred to in these Regulations, or any copy thereof, shall be kept by the employer above ground at the coal mine in respect of which it applies

(a) in such a manner that it is readily available for examination by a safety officer and by the safety and health committee or the safety and health representative for the work place in respect of which it applies; and
(b) subject to subsections 69(5) and 143(6), for a period of at least two years after the last entry therein.

(2) Every record, report, plan or procedure referred to in these Regulations shall be dated and signed by the person who made the record, report, plan or procedure.
(3) In addition to the requirements of subsection (2), every plan referred to in these Regulations shall be countersigned by the mine manager of the coal mine in respect of which the plan applies.

5 Where the employer submits plans or procedures in respect of a coal mine to the Coal Mining Safety Commission for approval, the employer shall

(a) without delay after the submission, notify the safety and health committee or the safety and health representative in writing of the submission; and
(b) keep a copy of the approved plans or procedures readily available at the coal mine for examination by the employees.

Inconsistent Provisions

6 In the event of an inconsistency between any standard incorporated by reference in a provision of these Regulations and any other provision of these Regulations, that other provision shall prevail to the extent of the inconsistency.

Qualifications

7 Before an employee is employed in a position of mine manager or is appointed to a position of underground manager or overman, the employee shall have obtained the qualifications required for all positions junior to that position.

Appointments and Supervision

8 (1) The employer shall employ a separate mine manager for each coal mine.

(2) Subject to subsection (3), where a mine manager dies, resigns or is otherwise permanently prevented from discharging the responsibilities of mine manager, the employer shall

(a) identify in writing a person who holds a first class certificate as a mine official to perform the duties of the mine manager;
(b) identify in writing an underground manager to perform the duties of the mine manager; or
(c) stop the operation of the mine.

(3) Within 90 days after an identification made under paragraph (2)(b), the employer shall comply with paragraph (2)(a) or (c).

9 Every coal mine shall be under the daily supervision of at least one underground manager and one overman.

PART I Explosives and Detonators

Storage and Handling

10 No explosive or detonator, other than an explosive or detonator set out in Schedule II, shall be used in a coal mine.

11 (1) No explosive or detonator shall be stored underground in a coal mine.
(2) Explosives and detonators that are intended for use underground shall be stored in a structure above ground that has been approved by the Coal Mining Safety Commission.
(3) The maximum quantity of explosives and detonators that are stored in accordance with subsection (2) shall be not more than the quantity required for use underground during the 24-hour period immediately following its storage.
(4) Detonators shall be stored separately from explosives in a room that has a wall of masonry not less than 150 mm thick between it and any room in which explosives are stored.

12 (1) All explosives and detonators that are transported underground, other than explosives and detonators referred to in subsection 28(3) or 29(4), shall be in secure cases or canisters with the detonators in separate cases or canisters from the explosives.
(2) No case or canister referred to in subsection (1) shall contain more than 5 kg of explosive unless approval for the transportation of the explosive in bulk has been given by the Coal Mining Safety Commission.

13 (1) Every employee who receives, transports or uses explosives or detonators shall return any explosive or detonator that is not used during the employee’s shift to the surface structure in which it had been stored.
(2) Where an explosive or detonator is transported underground, it shall be kept in its secure case or canister until it is used.
(3) Subject to subsection (4), each case or canister referred to in subsection (2) shall be kept separate from every other case or canister and from all equipment that is likely to cause the ignition of the explosive or the detonator, by as great a distance as is practicable in the area where the explosive or detonator is kept.
(4) The distance referred to in subsection (3) shall be not less than 300 mm.

14 (1) A qualified person shall have control of the storage, issue and receipt of all explosives and detonators.

(2) The qualified person referred to in subsection (1) shall

(a) test each detonator for electrical continuity before issuing it;
(b) issue detonators to no person other than a shotfirer; and
(c) receive and store unused explosives and detonators returned from underground.

Care of Blasting Machines

15 (1) A qualified person shall, at least once every three months, clean and thoroughly overhaul all blasting machines that are in service.
(2) A record of the work performed pursuant to subsection (1) shall be made by the qualified person who performed the work.

Shotfirers

16 (1) No person other than a shotfirer shall fire a shot.
(2) No shotfirer shall fire a shot unless the shotfirer has been authorized to fire that type of shot.

17 The handling of explosives and detonators in the preparation underground of a shot or shot hole shall be under the direct supervision and control of a shotfirer.

Shotfiring Procedures

18 Where shotfiring is to be done underground during a shift, the shotfirer shall verify that no more explosives or detonators than are required for the shotfiring are kept in the danger area referred to in paragraph 22(1)(a) in which the shotfiring is to be done.

19 (1) A shotfirer shall use

(a) only one class, grade or quality of explosive in a shot;
(b) an explosive that is in its original wrapping;
(c) no more explosive in any shot hole than the amount that is necessary for the work to be performed or the maximum amount of that type of explosive that is set out in column II of Part I of Schedule II, whichever is the lesser;
(d) tamping rods and stemmers that are constructed of non-metallic materials; and
(e) a cleaner and crack detector that is capable of cleaning the full length of the shot hole and detecting transverse and longitudinal cracks of 3 mm or more in the shot hole.

(2) No shot shall be fired

(a) in broken coal or in a support pillar; or
(b) in an area where the concentration of flammable gas in the air exceeds 1.25 per cent.

(3) Every coal-cutting machine shall be stopped before shots are fired at the return brushing face in a longwall section.

Preparations Before Charging a Shot Hole

20 Before initiating the preparations for charging a shot hole referred to in section 21, a shotfirer shall verify that all broken coal is removed from the area of the shot hole and shall allow sufficient time for dust in the air to settle.

21 A shotfirer shall, immediately before charging a shot hole underground,

(a) subject to subsection 27(3), verify, using a methanometer and a locked-flame safety lamp, that the concentration of flammable gas in the general body of the air in the area of the shot hole and in any area contiguous thereto does not exceed 1.25 per cent;
(b) examine the shot hole to verify that it has been thoroughly cleaned;
(c) verify that the shot hole does not intersect any cracks or crevices greater than 3 mm;
(d) verify that the shot hole is at least 3 mm larger than the diameter of the cartridge of the explosive to be used;
(e) place a plug of stemming in the back of the shot hole; and
(f) verify that any dust in the area of the shot hole has been treated with stone dust to a minimum of three 25 kg bags of stone dust per metre of advance.

Precautions Before Firing a Shot

22 (1) Before firing a shot, a shotfirer shall

(a) determine a danger area that extends at least 30 m from the shot hole;
(b) evacuate all persons from the danger area; and
(c) post sentries at the limits of the danger area.

(2) The sentries referred to in paragraph (1)(c) shall prevent any person, other than the shotfirer, from entering the danger area until the shotfirer verifies that the area is safe to enter.
(3) No person, other than a shotfirer, shall enter the danger area referred to in subsection (1) until the person has been informed by the shotfirer or a sentry that it is safe to do so.

23 Immediately before firing a shot, a shotfirer shall repeat the test referred to in paragraph 21(a).

24 Where a shot or round of shots is fired, the shotfirer shall make an examination of the effect of the shot or round of shots before the next shot or round of shots is fired.

Firing with a Blasting Machine

25 (1) Where a shot is to be fired with a blasting machine, the shotfiring cable shall be not less than 30 m long.
(2) No person, other than a shotfirer, shall connect a shotfiring cable to detonator wires or to a blasting machine.

(3) Where a shot is to be fired with a blasting machine, the shotfirer shall, in the following sequence,

(a) twist the ends of the shotfiring cable together at the blasting machine and isolate them from ground;
(b) check the shotfiring cable and the detonator circuit;
(c) connect the shotfiring cable to the shot;
(d) check the total circuit;
(e) verify that all persons in the danger area referred to in paragraph 22(1)(a) have been evacuated from that area;
(f) connect the shotfiring cable to the blasting machine, verifying that the shotfirer alone has possession and control of the blasting machine;
(g) shout “FIRE” or “TIR”;
(h) verify that the danger area referred to in paragraph 22(1)(a) is clear of persons;
(i) take cover outside the danger area referred to in paragraph 22(1)(a);
(j) fire the shot;
(k) subject to sections 28 and 29, wait at least five minutes before the shotfirer returns to the area of the shot hole to satisfy himself that no dangerous condition has resulted from firing the shot; and
(l) measure the concentration of flammable gas in the general body of the air in the area of the shot hole.

Single Shots

26 Subject to section 27, each shot hole shall be charged separately and each shot shall be fired singly.

Multi-shots

27 (1) Subject to subsections (2) to (4), rounds of shots may be fired in shafts, development drivages, cross-measure drivages, intake and return brushings of longwall faces and repair brushings.
(2) Not more than 12 shots in a round may be fired simultaneously using the shortest millisecond-delay detonators.

(3) A round of shots using different millisecond-delay detonators shall not be fired unless

(a) the concentration of flammable gas in the general body of the air in the area of the shot holes and in any area contiguous thereto does not exceed

(i) where the period between the detonation of the first shot and the detonation of the last shot is calculated not to exceed 0.2 second, 1 per cent, and
(ii) where the period between the detonation of the first shot and the detonation of the last shot is calculated to exceed 0.2 second but not to exceed 0.75 second, 0.8 per cent;

(b) the mine manager has issued to the shotfirer for each area of firing a copy of the shotfiring pattern that shows

(i) the position and direction of every shot hole in the round,
(ii) the maximum quantity of explosive to be used in each shot hole, and
(iii) the maximum length of each shot hole; and

(c) the maximum period that may elapse between the detonation of the first shot and the detonation of the last shot is

(i) where the shots are fired in a development drivage that contains no seam of coal exceeding 300 mm and that is more than 5 m from a waste or fault, 0.75 second or less, and
(ii) in all other cases, 0.2 second or less.

(4) A copy of the shotfiring pattern for each area at which multi-shot firing is carried out in a mine shall be kept available above ground at the coal mine for examination by employees.

Misfired Shots

Single Shots

28 (1) Where a single shot misfires, the shotfirer shall, in the following sequence,

(a) remove the handle or key from the blasting machine and disconnect the blasting machine from the shotfiring cable;
(b) twist the ends of the shotfiring cable together at the blasting machine and isolate them from ground;
(c) wait 15 minutes;
(d) examine the shotfiring cable and connections for any defects and remedy any that are found; and
(e) make a further attempt to fire the shot using either the same blasting machine or another blasting machine that is suitable for the purpose.

(2) Where the attempt to fire the shot referred to in paragraph (1)(e) fails, the shotfirer shall, in the following sequence,

(a) remove the handle or key from the blasting machine and disconnect the blasting machine from the shotfiring cable;
(b) twist the ends of the shotfiring cable together at the blasting machine and isolate them from ground;
(c) wait 15 minutes;
(d) mark the location of the detonator lead wires of the misfired shot;
(e) cause a new shot hole to be drilled at a distance of not less than 300 mm from the loaded shot hole and parallel to and equal in depth to that shot hole; and
(f) fire a shot in the newly drilled shot hole.

(3) A shotfirer shall wait for five minutes after firing the shot referred to in paragraph (2)(f) and then, where practicable, sort the debris by hand, recover all explosives and detonators from the debris and take them to the structure referred to in subsection 11(2).

Rounds of Shots

29 (1) Where all of a round of shots misfire, the shotfirer shall, in the following sequence,

(a) remove the handle or key from the blasting machine and disconnect the shotfiring cable from the blasting machine;
(b) twist the ends of the shotfiring cable together at the blasting machine and isolate them from ground;
(c) wait 15 minutes;
(d) test the circuit for electrical continuity; and
(e) if the test shows that there is electrical continuity, attempt to fire the round using either the same blasting machine or another blasting machine that is suitable for the purpose.

(2) Where the test referred to in paragraph (1)(e) shows that there is no electrical continuity, or where the attempt referred to in that paragraph fails, the shotfirer shall, in the following sequence,

(a) remove the handle or key from the blasting machine and disconnect the shotfiring cable from the blasting machine;
(b) twist the ends of the shotfiring cable together at the blasting machine and isolate them from ground;
(c) wait 15 minutes;
(d) disconnect the shotfiring cable and detonator lead wires at each shot hole;
(e) test for electrical continuity in the shotfiring cable and detonator lead wires;
(f) test the blasting machine; and
(g) if the tests show that there is electrical continuity, the detonator lead wires and the shotfiring cable shall be reconnected and tested for electrical continuity and a further attempt shall be made to fire the round.

(3) Where any of the tests referred to in paragraphs (2)(e) to (g) do not produce the desired result, the shotfirer shall install barricades and post a warning sign in accordance with subsection 31(1).
(4) Where a single shot in a round misfires and is recovered, or where a part of a round of shots misfires and is recovered, the shotfirer shall sort the debris by hand, recover all explosives and detonators from the debris and take them to the structure referred to in subsection 11(2).

Unrecovered Misfired Shots

30 (1) Where a single shot in a round misfires and is not recovered, the procedures set out in subsections 29(1) and (2) shall be carried out.
(2) Where a part of a round of shots misfires and is not recovered, the procedures set out in subsection 29(2) shall be carried out and groups of shots with the same millisecond-delay shall be fired in turn, in increasing order of delay.

31 (1) Where a misfired shot is not recovered, the shotfirer shall cause

(a) barricades to be installed to prevent persons from entering the danger area for the shot hole determined in accordance with paragraph 22(1)(a); and
(b) a warning sign to be conspicuously posted on each barricade referred to in paragraph (a) with the words “MISFIRED SHOT — KEEP OUT” and “COUP DE MINE RATÉ — ENTRÉE INTERDITE”.

(2) After having carried out the procedures set out in subsection (1), the shotfirer shall report orally to the underground manager or mine manager the misfired shot and the procedures carried out.

Flamed Shots

32 (1) Where a shot flames on firing, the shotfirer shall, in the following sequence,

(a) immediately take steps to extinguish the flame;
(b) verify that the section of the coal mine in which the shot was fired is guarded by an employee and left unworked, except for making the section safe, until inspected by a safety officer;
(c) without delay, report the flamed shot orally to the shotfirer’s supervisor or the underground manager; and
(d) report the flamed shot in writing to the mine manager.

(2) Where a mine manager is informed of a flamed shot in accordance with paragraph (1)(d), the mine manager shall, without undue delay, make a report of the flamed shot to a safety officer at the district office.

Reports and Records

33 (1) At the end of a shotfirer’s shift, the shotfirer shall report in writing to the shotfirer’s immediate supervisor every misfired shot and flamed shot for which the shotfirer was responsible during the shift.
(2) Where an immediate supervisor is informed of a misfired shot or flamed shot in accordance with subsection (1), the supervisor shall, without undue delay, report in writing to the underground manager or mine manager the misfired shot or flamed shot.

34 (1) At the end of a shotfirer’s shift, the shotfirer shall record in a book that is kept for that purpose all the shots the preparation and firing of which the shotfirer was responsible for during the shift.

(2) The record referred to in subsection (1) shall include

(a) the number of detonators used;
(b) the amount of explosive used, expressed in grams;

(c) in respect of each shot or round of shots,

(i) the time of firing of the shot or round of shots,
(ii) the concentration of flammable gas in the air before and after each shot or round of shots was fired,
(iii) the number of detonators used, and
(iv) the amount of explosive used, expressed in grams;

(d) the number of misfired shots and whether they were recovered; and
(e) the number of flamed shots.

PART II Safe Occupancy of the Work Place

General

35 (1) The mine manager shall, in respect of each underground portion of a coal mine,

(a) develop for employees procedures for the safe entry to, exit from and occupancy of that portion;

(b) develop emergency procedures that include

(i) an emergency evacuation plan,
(ii) a description of the procedures to be followed,
(iii) the location of the emergency equipment provided by the employer, and
(iv) an up-to-date plan of the coal mine; and

(c) develop and implement safe operating procedures for each employee occupation.

(2) The employer shall keep a copy of the procedures referred to in subsection (1) readily available for examination by employees at the coal mine in respect of which the procedures apply.
(3) The employer shall instruct and train all employees in the procedures referred to in paragraphs (1)(a) and (b).

36 (1) The employer shall provide every person granted access to an underground portion of a coal mine with an electric safety lamp.
(2) The employer shall provide every person who carries out an inspection that is required to be carried out under these Regulations by a person who holds a certificate as a mine examiner with a locked-flame safety lamp.

37 Not more than 15 persons shall be present at one time in a place underground, unless there are at least two separate means of exit to the surface.

38 (1) Subject to subsection (2), no person shall excavate a shaft at a distance of less than 30 m from another shaft.
(2) A shaft may be connected to another shaft by a passageway if the passageway is not less than 1.2 m in width and 1.2 m in height.

39 (1) A qualified person shall, every day, inspect

(a) the vertical shafts by which employees descend or ascend in a coal mine; and
(b) all shaft equipment that is used in the transportation system for employees in the vertical shafts.

(2) The qualified person referred to in subsection (1) shall make a written report of the inspection in a book kept for that purpose.

Overmen’s Sections

40 (1) A mine manager shall define on a plan, on a scale of not less than 1:10,000, the limits of each section of the mine for which an overman is responsible in such a manner that

(a) every working face, other than an area where work is being carried out for the purpose of repairing or enlarging a roadway, is included within a section; and
(b) the section is of a size that permits a pre-shift inspection to be completed in two hours or less.

(2) A mine manager shall designate a meeting station that is located at the entrance to each overman’s section referred to in subsection (1) and shall

(a) mark each meeting station clearly on the plan; and
(b) cause a notice to be posted at each meeting station identifying it as a meeting station.

(3) No person, other than a person carrying out an inspection or a person accompanying that person, shall pass beyond a meeting station referred to in subsection (2) unless

(a) the section has been inspected and reported to be safe by the person who carried out the inspection referred to in subsection 41(1); and
(b) the person is instructed to pass beyond the meeting station by the overman responsible for the section.

(4) No overman shall instruct any person to pass beyond the meeting station of the section for which the overman is responsible unless the overman has information indicating that it is safe to pass beyond the meeting station.

Pre-Shift Inspections

41 (1) Every overman’s section shall be inspected by a mine examiner within the four-hour period preceding the beginning of work by each shift in that section.
(2) Where there are persons present in an overman’s section, a mine examiner shall carry out the inspections of that section at intervals not exceeding eight hours.

Inspections During Shifts

42 (1) Every overman who is responsible for a section shall inspect every part of the section at least once during every shift at such times that no place at which an employee works remains uninspected by the overman for more than four hours after the timewhen the shift of that employee began work in that section.
(2) The inspection referred to in subsection (1) shall be carried out to ascertain the conditions in relation to ventilation, strata control and general safety.
(3) At least once during every shift, a mine examiner shall inspect every part of the overman’s section that is allotted to the mine examiner for inspection purposes.

Inspections Outside an Overman’s Section

43 (1) At the beginning of every shift and at least once during every shift, a mine examiner shall inspect the following places that are not included in an overman’s section:

(a) every place at which mineral is being worked for repairing or enlarging a roadway;
(b) every place from which machinery, equipment, tools or supports are being removed or salvaged; and
(c) every place at which employees may work and through which employees do not regularly pass.

(2) A mine examiner shall inspect

(a) every roadway or place through which employees regularly pass, at intervals not exceeding 24 hours; and
(b) every airway, at least once per week.

General Duties

44 (1) Every overman or mine examiner who carries out an inspection under any of sections 41 to 43 shall, in the course of the inspection,

(a) inspect the machinery and equipment;
(b) report to the underground manager any machinery or equipment found by the employee to be unsafe; and
(c) post at the appropriate meeting station a record of the report referred to in paragraph (b).

(2) No person shall use any machinery or equipment that is the subject of a record referred to in paragraph (1)(c) until such time as it has been reported to be safe.

Reports

45 (1) Every mine examiner who carries out an inspection referred to in section 41 or subsection 42(2) shall make a report of the inspection in a book kept for that purpose, including

(a) the state of the roof support;
(b) the state of the ventilation and all matters affecting ventilation;
(c) the concentration of flammable gases; and
(d) any thing or circumstance that is likely to be hazardous to the safety or health of employees.

(2) Every overman or mine examiner who carries out an inspection referred to in subsection 42(1) or section 43 shall make a report of the inspection in a book kept for that purpose, including all information relevant to the safety or health of employees.
(3) Where an inspection discloses a dangerous condition in an underground portion of a coal mine, the employee who carried out the inspection shall forthwith report the condition to the overman who is responsible for that portion of the coal mine or to the underground manager.

Dangerous Conditions

46 (1) Where an overman who is responsible for an underground portion of a coal mine becomes aware of a dangerous condition in that portion of the coal mine, the overman shall

(a) evacuate all persons, other than an employee referred to in subsection (3), from the portion affected by the dangerous condition;
(b) post a sign in a conspicuous place as close as possible to the dangerous condition but outside the danger area created by the dangerous condition, to warn persons of the dangerous condition; and
(c) report the existence of the dangerous condition orally to the mine manager or the underground manager.

(2) Where a sign is posted in accordance with paragraph (1)(b), no person shall enter the danger area referred to in that paragraph.
(3) Subsection (2) does not apply to an employee whose presence is necessary to correct the dangerous condition referred to in subsection (1).

Inspection on Behalf of Employees

47 (1) The employees employed in a coal mine may, for the purpose of an inspection and test for gas on behalf of the employees, be represented by any of the following persons identified by them for that purpose:

(a) a person who holds a certificate as a mine examiner; and

(b) two persons who belong to one of the following categories, namely,

(i) two employees who are employed in the coal mine, at least one of whom holds a certificate as a mine examiner, or
(ii) two persons each of whom holds a certificate as a coal miner and has at least five years’ experience of work underground in a mine from which coal is extracted, and at least one of whom holds a certificate as a mine examiner.

(2) At least once every month, the employer shall permit the representatives referred to in subsection (1) to inspect every part of the coal mine, including the machinery and equipment therein, and to test for gas therein.
(3) For the purposes of an inspection or test on behalf of employees, the mine manager and the employees in the coal mine shall give every assistance necessary to the representatives referred to in subsection (1).
(4) The employer, the mine manager or an officer of the coal mine chosen by the employer or mine manager may accompany the representatives who carry out an inspection or test referred to in subsection (2).
(5) The results of an inspection or test referred to in subsection (2) shall be reported in writing to the employer and to a safety officer at the district office.

Guards, Fences and Barricades

48 Where a machine, piece of equipment, tool, fixed ladder, fixed landing or lighting system is likely to be hazardous to the safety or health of an employee, a guard or fence shall be installed for the protection of the employees.

49 Where live tests are performed on electrical equipment in an area, a guard or fence shall be installed for the protection of the employees, and no unauthorized person shall enter the area unless the electrical equipment is locked out.

50 (1) Where flammable gases are discharged from a methane drainage system in an area, a barricade shall be installed in a location where the concentration of flammable gas does not exceed 2 per cent, to prevent access to the area by unauthorized persons.
(2) Warning signs shall be posted on the barricade referred to in subsection (1), indicating that access by unauthorized persons is prohibited.

Mechanical Equipment and Electrical Equipment

51 No electricity shall be supplied or used in any part of a coal mine unless the electrical system and electrical equipment and the use thereof have been approved by the Coal Mining Safety Commission.

52 (1) The mine manager shall prepare plans, including written instructions, for the installation, inspection, testing and maintenance of all mechanical equipment, electrical equipment, machinery and tools in use in the coal mine.
(2) The plans referred to in subsection (1) and any changes in those plans shall be certified by an engineer.
(3) The chief mechanic shall supervise the implementation of the mechanical aspects of the plans referred to in subsection (1).
(4) The chief electrician shall supervise the implementation of the electrical aspects of the plans referred to in subsection (1).
(5) The mechanical work and the electrical work required by the plans referred to in subsection (1) shall be carried out by mine mechanics and mine electricians, respectively.
(6) Every mine mechanic or mine electrician who carries out any work provided for in the plans referred to in subsection (1) shall make a written report of that work to the mine manager.
(7) Every report referred to in subsection (6) shall be read and countersigned by the chief mechanic and the chief electrician who shall take action immediately to correct any defect that is known by or reported to either of them and that is likely to affect the safety or health of employees.

53 At least once every 24 hours of operation of a coal mine, a mine mechanic shall

(a) inspect the external parts of every conveyor and belt line in use in the coal mine; and
(b) make a record of the inspection referred to in paragraph (a) in a book kept for that purpose.

Accumulations of Water or Concentrations of Gas

54 (1) Where any workings in a coal mine are advancing towards or are within 50 m of an area that contains or is likely to contain a dangerous accumulation of water or a dangerous concentration of flammable gas, the working face shall be not more than 5 m in width or 4 m in height.

(2) Where any workings in a coal mine are advancing towards or are within 50 m of an area that contains or is likely to contain a dangerous accumulation of water or a dangerous concentration of flammable gas, boreholes shall be bored for the purpose of locating the dangerous accumulation of water or dangerous concentration of gas, as follows:

(a) at least one borehole shall be bored near the centre of the working face

(i) where the working face is not more than 2.5 m in width or height, to a depth of at least 5 m in advance of the working face, and
(ii) where the working face is more than 2.5 m in width or height and not more than 5 m in width or 4 m in height, to a depth of at least 20 m in advance of the working face;

(b) at least two boreholes shall be bored near each side of the working face

(i) where the working face is not more than 2.5 m in width or height, to a depth of at least 3 m in advance of the working face, and
(ii) where the working face is more than 2.5 m in width or height and not more than 5 m in width or 4 m in height, to a depth of at least 12 m in advance of the working face; and

(c) where the seam of a working face is 3.5 m thick or more, a borehole shall be bored at an angle of not less than 20° up from the roof of the area where the working face is located

(i) where the working face is not more than 2.5 m in width or height, to a depth of at least 5 m in advance of the working face, and
(ii) where the working face is more than 2.5 m in width or height and not more than 5 m in width or 4 m in height, to a depth of at least 20 m in advance of the working face.

(3) Where a boring referred to in subsection (2) makes contact with a dangerous accumulation of water or a dangerous concentration of flammable gas, a qualified person shall

(a) report the accumulation or concentration to the overman;
(b) while any work is being performed at the working face, monitor the accumulation or concentration using a locked-flame safety lamp and a methanometer; and
(c) take appropriate measures to dissipate the accumulation or concentration.

Solid Measure

55 No coal mine shall be worked below the sea bottom or below a body of water or material that may flow, except under the following conditions:

(a) a solid barrier of unworked mineral of 50 m or more shall be left between the workings of a submarine lease and any other submarine lease;
(b) subject to paragraph (c), where a coal seam or stratified deposit is worked, there shall be a cover of 55 m or more of solid measure; and
(c) where a passageway is driven, there shall be a cover of 30 m or more of solid measure.

Geological Faults

56 (1) At least one exploring drift shall be driven in advance of the working face of workings in a coal mine that are advancing towards an area

(a) that is less than 300 m below the sea bottom or a body of water or material that may flow; and
(b) where there is likely to be a geological fault at a distance of 50 m or less from the working face.

(2) Where the throw or dislocation of a geological fault exceeds 10 m or where the faces of the fault plane are separated by material more than 600 mm thick, no coal face shall be worked within 11 m of that fault.
(3) Where a solid measure below a sea bottom is less than 150 m, soundings shall be taken to a distance of at least 300 m in advance of any workings referred to in subsection (1) for the purpose of determining the depth of the water, and levels shall be taken at the working face at least once every three months for the purpose of determining the depth of the solid measure.
(4) The location of the soundings and the levels referred to in subsection (3) shall be marked on a plan of the underground workings that is kept readily available at the coal mine in respect of which it applies for examination by employees.

Training

57 (1) Subject to subsection (2), no person shall be employed to work as a coal miner at a working face unless the person is a coal miner.
(2) A person who is not a coal miner may be employed at a working face to perform the functions of a coal miner if the person is employed for training purposes for not more than eight months and a qualified person accompanies the person, exercises close personal control over the person and provides appropriate guidance to the person in respect of safe work practices.
(3) No person shall be employed at a working face to perform functions other than the functions of a coal miner unless the person has received training in the safety and health procedures to be followed.

58 Every employee whose employment in a coal mine requires that the employee be the holder of a certificate, other than a coal miner’s certificate, shall complete a refresher course, approved by the Provincial Board, within six months after the expiration of every five-year period after

(a) the date of the certificate; or
(b) the date of the most recent refresher course taken by the employee in respect of the certificate.

PART III Underground Transportation and Hoisting

Underground Transportation

59 (1) The mine manager shall prepare in writing and implement safe procedures for the operation of cages, trips and mobile equipment underground.
(2) The procedures referred to in subsection (1) shall specify the conditions under which persons may be transported.
(3) The employer shall submit a copy of the procedures referred to in subsection (1) and any changes in those procedures to the Coal Mining Safety Commission for approval at least 30 days before the implementation of the procedures or changed procedures.

60 (1) Transportation underground by trips or mobile equipment shall be subject to the following conditions:

(a) an electric lamp with a red light shall be affixed to the approaching end of the trip or mobile equipment;
(b) switches, derails, stop blocks, frogs and other track safety devices shall be installed in a manner that provides for the safe operation of trips on the track and for the safety of employees walking in the roadway;
(c) a clearance of not less than 300 mm shall be provided on one side of the trip or mobile equipment and of not less than 600 mm on the other side;

(d) a clearance of not less than 300 mm shall be provided

(i) above the top of any load on the trip or mobile equipment, or
(ii) where the trip or mobile equipment is covered, above the top of the cover;

(e) manholes shall be provided at intervals not exceeding 50 m in all roadways in which trips or mobile equipment are moved by mechanical means, other than by locomotives;

(f) in all roadways in which trips or mobile equipment are moved by locomotives, the maximum interval between manholes shall be

(i) 100 m in roadways that have no curve and where the gradient does not exceed 3.5 per cent, and
(ii) 30 m in all other roadways and on curves; and

(g) where the gradient of a roadway referred to in paragraph (e) exceeds 5.2 per cent, the employer shall set out in writing and keep at the entrance to the roadway procedures that specify the speed limits and safety control measures for trips and mobile equipment on that roadway.

(2) Where a roadway that is used for transportation intersects a roadway that is used by employees, a fence shall be installed and a warning sign posted at the intersection.

(3) Every manhole referred to in subsection (1) shall be

(a) securely supported;
(b) at least 1.3 m in depth and 0.9 m in width; and
(c) 1.5 m in height or the height of the roadway, whichever is the higher.

(4) Every manhole shall be located on the side of the roadway that has the greater clearance.

(5) Every manhole shall be

(a) kept clear of material;
(b) kept free of obstacles to entry; and
(c) clearly marked with an identifying number.

61 Where more than 10 employees normally use a roadway, the roadway shall be not less than 1.5 m in height and, where a conveyor is in service in the roadway, have a clearance of not less than 600 mm between one side of the conveyor and the side of the roadway.

Communications on Roadways

62 Where a trip that is used by persons is operated in a roadway underground that is more than 30 m in length, a means of signalling and communication between all regular stopping places designated in the procedures referred to in subsection 59(1) and the hoist operator or the locomotive operator shall be provided.

Surface Hoist Operation

63 (1) Every surface hoist shall be operated by a hoist operator who is a qualified person.
(2) No person, other than an authorized person, shall enter a hoist room.
(3) A hoist operator shall be in attendance in the hoist room at all times when a person is in an underground portion of the coal mine that is normally entered by means of a hoist.

64 (1) No hoist operator shall operate a surface hoist above ground that is used for transporting employees unless a physician has

(a) examined the hoist operator

(i) in the three-month period prior to the operation of the hoist, and
(ii) on the hoist operator’s return to work after an illness or injury for which the hoist operator received medical attention; and

(b) certified that the hoist operator is mentally and physically fit to operate a surface hoist.

(2) The employer shall keep the physician’s certificate referred to in paragraph (1)(b) at the coal mine in which the hoist operator who is the subject of the certificate works.

Surface Hoist Standards

65 (1) Every surface hoist shall meet the following standards:

(a) the engine shall be installed on a concrete or other rigid foundation;
(b) hoisting drums on which the rope is coiled shall be provided with flanges or horns and, where a hoisting drum is conical, with such other safety devices as will prevent the rope from slipping;

(c) the hoist shall be equipped with a device that

(i) clearly indicates to the hoist operator the location of the cage or trip, and
(ii) where a trip may be used on more than one track, is of a type that indicates on which track the trip is being hoisted;

(d) the hoist shall be equipped with a braking system that

(i) stops cages or trips within the deceleration rates set out in the procedures referred to in subsection 59(1) for both the descending and ascending modes,
(ii) is automatically applied in the event of a power failure, and
(iii) may be applied by the hoist operator in the event of an emergency;

(e) the hoist shall be equipped with an overwind preventor and a speed controller that shut off the power and apply the braking system when the cage or trip travels

(i) beyond the top or bottom of the run, or
(ii) at a speed in excess of the maximum speed for the cage or trip set out in the procedures referred to in subsection 59(1);

(f) unless the overwind preventor and speed controller referred to in paragraph (e) are in full and fixed engagement with the hoisting engine, the overwind preventor and speed controller shall be

(i) designed to be fully engaged automatically or by the hoist operator whenever persons are to be transported, and
(ii) provided with an automatic device that indicates to the hoist operator and all persons responsible for the loading of the cage or trip that the overwind preventor and speed controller have been fully engaged; and

(g) where used for transporting persons, the hoist shall be equipped with at least two brakes that meet the requirements of subparagraphs (d)(i) to (iii).

(2) Every device referred to in paragraph (1)(c) shall be tested for effective functioning after every adjustment to the length of the hoist rope.

Surface Hoist Tests and Inspections

66 (1) During each shift, a hoist operator shall test the surface hoist, including the safety devices connected to it.

(2) Where tests are performed in accordance with subsection (1), the hoist operator shall test

(a) the overwind preventor to verify that the cage or trip does not travel more than 0.6 m past the top or the bottom of the run; and
(b) the speed controller with the cage midway in the shaft or with the trip part of the way along the run.

(3) Subject to subsection (4), where a surface hoist has not been operated for more than four hours, before persons are transported on that hoist, a trial wind shall be carried out over the lesser of

(a) the complete run of the cage or trip, or
(b) 400 m.

(4) Except in the case of an emergency, where a surface hoist has not been operated for any period because of an accident or defect, a full trial wind shall be carried out before lowering or hoisting is resumed.

(5) A qualified person shall test

(a) at least once every 24 hours, the overwind preventor, speed controller and other safety devices of a surface hoist that is used only for transporting persons;
(b) at least once every week, the overwind preventor, speed controller and other safety devices of a surface hoist that is used for hoisting materials; and
(c) at least once every month, the braking system of every surface hoist, including the emergency brake, overwind preventor, speed controller, other safety devices and the devices referred to in paragraph 65(1)(c) and subparagraph 65(1)(f)(ii).

(6) The hoist operator or qualified person who carries out the tests referred to in subsections (1) to (5) shall make a record of those tests in a book kept for that purpose.

67 At least once every 24 hours, a mine mechanic shall

(a) inspect the external parts of all surface hoists, including cages, mine cars, tackling equipment, head gear, ropes, sockets, rope paths and couplings, that are in use in the coal mine; and
(b) make a record of the inspection referred to in paragraph (a) in a book kept for that purpose.

Hoist Rope Standards and Tests

68 Every hoist rope shall be made of steel and have a factor of safety of not less than six.

69 (1) No hoist rope shall be placed in service unless it has been tested for breaking strength by a rope-testing laboratory.
(2) The employer shall keep, for every hoist rope, every test certificate issued in respect of the rope by a rope-testing laboratory and a certificate from the manufacturer of the rope.

(3) The certificates referred to in subsection (2) shall contain the following information in respect of the hoist rope:

(a) the name and address of the manufacturer;
(b) the manufacturer’s rope number;
(c) the date of manufacture;
(d) the diameter, expressed in millimetres;
(e) the mass per unit length, expressed in kilograms per metre;
(f) the number of strands;
(g) the class of core;
(h) the percentage by mass of lubricant in the core;
(i) the trade name of the interior rope lubricant;
(j) the number of wires in a strand;
(k) the diameter of the wires, expressed in millimetres;
(l) the breaking strength of steel from which the wire is made, expressed in kilopascals;
(m) the results of the standard torsion test of the wires;
(n) the actual breaking strength; and
(o) the extension of a test piece when tested to destruction.

(4) For every hoist rope, the following information shall be recorded in a record book:

(a) the name of the company from which the rope was purchased;
(b) the date of purchase;
(c) the manufacturer’s rope number;
(d) the date on which the rope is installed in or removed from a particular location;
(e) the location referred to in paragraph (d);
(f) the mass of the cage or mine car in respect of which the rope is installed;
(g) the maximum load for which the rope is designed;
(h) the maximum length of rope in service below the sheave;
(i) the maximum mass of rope in service below the sheave;
(j) the factor of safety of the rope in each location where it is installed;
(k) the dates on which rope samples are taken;
(l) the dates and results of tests for breaking strength; and
(m) where applicable, the date of permanent removal from service and the reasons therefor.

(5) The employer shall keep the record book referred to in subsection (4) at the coal mine in which the rope is in service

(a) during the period in which the rope is in service; and
(b) during the five-year period immediately following the day on which the rope is permanently removed from service.

70 No spliced hoist rope, other than an endless hoist rope, shall be used for transporting persons.

71 (1) Where a cage or trip is at its lowest point on the run, the drum shall have remaining on it at least five turns of hoist rope.

(2) The diameter of a hoist rope sheave shall be not less than

(a) for a rope 25 mm or more in diameter, 80 times the rope diameter; and
(b) for a rope less than 25 mm in diameter, 60 times the rope diameter.

(3) Every hoist rope sheave shall be machined to fit the rope that is used on it.

72 No direct hoist rope shall be reversed on the drum of a hoist.

73 (1) Every hoist rope shall be kept lubricated.

(2) The lubricant that is used on a hoist rope shall be

(a) suitable for the conditions under which the rope is used; and
(b) used in accordance with the recommendations of the manufacturer of the rope.

74 (1) A rope sample shall be taken at least once every month from every hoist rope in service in a coal mine, except where the rope is used in

(a) an endless hoist rope system; or
(b) an auxiliary hoist that is used for localized movement of material and for which no rope sample is required by the plans referred to in subsection 52(1).

(2) The rope sample referred to in subsection (1) shall consist of at least 4 m of hoist rope cut from the end at which the hoist rope is attached to the cage or trip.

(3) A test piece of the rope sample referred to in subsection (1) shall be

(a) cut from the end of the rope sample that was attached to the cage or trip;
(b) at least 2 m in length; and
(c) tested by a rope-testing laboratory.

(4) The ends of the rope sample referred to in subsection (1) and of the test piece referred to in subsection (3) shall be bound with soft wire to prevent them from unravelling.

75 Endless hoist ropes that are more than 19 mm in diameter or that are used to transport persons on grades exceeding 4 per cent shall be non-destructively tested at least once every three months.

76 A hoist rope shall be removed from service where

(a) the extension of a test piece of the rope, when tested to destruction, has decreased to less than 60 per cent of its original extension;
(b) the number of broken wires in any section of the rope that is equal to the length of one lay of the rope exceeds six;
(c) marked corrosion of the rope has occurred;
(d) the core of the rope is ineffectually lubricated; or
(e) the breaking strength of the rope has decreased to 85 per cent of the breaking strength for the rope set out in the manufacturer’s certificate referred to in subsection 69(2).

Hoist Attachments

77 (1) Detaching hooks of a hoist shall be

(a) installed between the socket and safety chains on all cages; and
(b) cleaned, refitted and tested by a qualified person at least once every month.

(2) The detaching plate of a hoist shall be

(a) placed as high as is practicable above the decking level;
(b) capable of holding the mass of the cage if overwinding occurs; and
(c) tested once every month by a qualified person using calipers or gauges.

(3) The clearance between the head sheave and the top of a cage that is stopped at the top of the run shall be not less than 5 m.
(4) The qualified person referred to in paragraph (1)(b) or (2)(c) shall record the results of the tests in a hoisting machinery record book kept for that purpose.

78 (1) All hoist ropes, other than endless hoist ropes, shall be connected to their loads by means of a socket that is designed and installed in accordance with good engineering practice.
(2) Hoist ropes shall, at least once every month, be fitted with new sockets or sockets that have been cleaned and tested.
(3) The drum end of a hoist rope shall be fastened to the drum by not less than two clamps.

79 (1) The connecting attachments between a newly installed or newly cut hoist rope and a cage or trip and between the hoist rope and the drum shall be inspected by a qualified person before the hoist is used.
(2) No hoist rope referred to in subsection (1) shall be used for the transportation of persons in a shaft unless two trial winds have been made with the cage or trip loaded to the maximum authorized load of the hoist.

(3) The trial winds referred to in subsection (2) shall be made over the lesser of

(a) the complete run of the cage or trip, or
(b) 1 500 m.

80 (1) The qualified person referred to in subsection 79(1) shall record the results of the inspection of the connecting attachments in the hoisting machinery record book referred to in subsection 77(4).
(2) The results of the trial winds referred to in subsection 79(2) shall be recorded by the hoist operator in a hoist operator’s record book kept for that purpose.

Cage and Mine Car Construction

81 Every mine car shall be so constructed that any coupling, shackle pin or safety chain is visible for inspection.

82 Effective on October 1, 1993, every mine car shall have a name-plate that indicates

(a) the manufacturer’s name and address;
(b) the tare weight of the fitted mine car;

(c) the maximum load for which the mine car is designed, expressed

(i) in the case of a material car, in tonnes, and
(ii) in the case of a man car, in number of persons, calculated on the basis of 81.7 kg per person;

(d) the maximum speed for which the mine car is designed, expressed in metres per second; and
(e) the month and year of manufacture.

Man Cars

83 (1) Every man car shall be equipped with seats that are secured to the body of the man car.
(2) At least one man car that is part of a trip of man cars shall be designed to transport an injured person on a stretcher.

(3) The first man car of a trip shall be secured by a primary fastening arrangement that is

(a) in the case of a direct hoist rope system, a rope socket;
(b) in the case of an endless hoist rope system, a rope clamp; and
(c) in the case of a locomotive system, a coupling.

84 (1) Where a man car is used on a gradient exceeding 4 per cent, it shall, for the purpose of coupling it with other mine cars, be equipped with

(a) three continuous draw-bars made of steel; or
(b) a single draw-bar composite of rolled steel sections and rolled steel plate.

(2) The continuous draw-bars referred to in paragraph (1)(a) shall be

(a) extended the full length of the man car;
(b) securely bolted to the floor and base sills of the man car; and
(c) visible for inspection.

(3) Where man cars of a trip are used on a gradient exceeding 4 per cent, the man cars shall be equipped with safety brakes that are

(a) interconnected and operated simultaneously with the safety brakes of the other man cars of the trip;
(b) manually operable from at least one man car of the trip;
(c) automatically operable by an overspeed governor on one of the man cars of the trip in the event of a 20 per cent overspeed;
(d) capable of stopping the maximum load of the man car at the maximum gradient of the roadway at the maximum overspeed governor setting; and
(e) of a fail-safe design.

85 (1) Where man cars that are equipped with three continuous draw-bars are adjacent in a trip, they shall be connected to each other by

(a) couplings at the centre draw-bar; and
(b) safety chains at the two side draw-bars.

(2) Where man cars that are equipped with a single draw-bar are adjacent in a trip, they shall be connected to each other by

(a) couplings at each end of the draw-bars; and
(b) safety chains at two attachments on the chassis of each adjacent man car.

(3) The safety chains referred to in paragraphs (1)(b) and (2)(b) shall be slack during normal operation.

86 Effective on October 1, 1993,

(a) every man car shall be equipped with a canopy; and
(b) the first man car of a trip on a direct hoist rope system shall be secured, in addition to the primary fastening arrangement referred to in paragraph 83(3)(a), by a secondary fastening arrangement that is capable of holding at least 200 per cent of the maximum tensile load of the trip in the event of a failure of the primary fastening arrangement.

Material Cars

87 Effective on October 1, 1993, where material cars of a trip are used on a gradient exceeding 4 per cent,

(a) material cars that are adjacent in the trip shall be connected by

(i) in the case of a material car that is equipped with three continuous draw-bars, safety chains at the two side draw-bars, and
(ii) in the case of a material car that is equipped with a single draw-bar composite, safety chains at two attachments on the chassis of each adjacent mine car; and

(b) at least one material car of the trip shall be equipped with brakes that are

(i) capable of stopping the trip in the event of a runaway,
(ii) manually operable,
(iii) automatically operable by a speed governor in the event of a 20 per cent overspeed, and
(iv) of a fail-safe design.

Tackling Equipment

88 (1) No single-link chain, other than a coupling attached to a cage or mine car, shall be installed on any equipment that is used for transporting persons.
(2) Subject to subsection 89(2), the couplings of a cage or mine car shall be used only in conjunction with safety chains or safety ropes that are of sufficient strength to hold the maximum load for which the cage or mine car is designed in the event that the coupling chain breaks.
(3) Every draw-bar of a three-draw-bar man car and every coupling, pin, safety chain, rope clamp and other tackling equipment that is used on a cage or mine car shall be made of steel.

(4) The steel referred to in subsection (3) shall be

(a) certified by its manufacturer not to require heat treatment to remove stresses that are due to cold working; or
(b) heat treated at least once every six months in accordance with the recommendations of the manufacturer.

(5) The employer shall keep a record of the heat treatment referred to in paragraph (4)(b) at the coal mine in which the equipment that is heat treated is used.

(6) No draw-bar, coupling, pin, safety chain, rope clamp or other tackling equipment shall be used on a cage or mine car unless

(a) its design has been tested by the manufacturer to withstand a proof load of 40 per cent of its breaking strength without any permanent set;
(b) a certificate of the test referred to in paragraph (a) has been provided to the employer by the manufacturer; and
(c) the equipment has been legibly and permanently marked to identify it with the manufacturer’s certificate.

89 (1) Couplings, pins and rope clamps shall be designed with a factor of safety of not less than six.
(2) Safety chains and safety ropes shall be designed with a factor of safety of not less than two.
(3) Draw-bars that are manufactured from steel that is certified by the manufacturer not to require heat treatment to remove stresses that are due to cold working shall be designed with a factor of safety of not less than six.
(4) Draw-bars that are manufactured from steel that requires heat treatment every six months to remove stresses that are due to cold working and draw-bars that are made of rolled steel sections and plates shall be designed with a factor of safety of not less than 10.
(5) Subsections (1) to (4) apply on and after October 1, 1993.

Operation and Inspection of Mine Cars

90 (1) Every trip shall be under the supervision of a qualified person who shall

(a) verify that all couplings and safety chains are secured to the mine cars;
(b) verify that all persons are properly seated;
(c) verify that all loads are secured;
(d) signal for the trip to stop or start; and
(e) operate track switches and sampsons.

(2) No person shall get into or out of a trip while it is in motion.
(3) Before a mine car is detached from its rope or locomotive and is parked on an incline, its wheels shall be sampsoned and braked or shall be spragged.

91 (1) At least once every day of operation of a coal mine, a qualified person shall inspect the couplings, pins, safety chains, draw-gear, rope clamps and safety brakes of all mine cars in use on gradients exceeding four per cent.
(2) At least once every month, a qualified person shall test the overspeed governor referred to in paragraph 84(3)(c).
(3) At least once every three months, a qualified person shall carry out a dynamic test on the safety brake system referred to in subsection 84(3).
(4) The qualified person referred to in subsections (1) to (3) shall make a record of each inspection and test carried out by the person in a book kept for that purpose.

92 At least once every three months, the position of the clamps that attach a trip to the hoist rope on an endless hoist rope system shall be moved to a new point of attachment that is at a distance of not less than the maximum length of the trip, and each movement of the position shall be made in the same direction along the hoist rope.

Vertical Shafts and Airways

93 Every opening to a vertical shaft or to an airway that is used only for ventilation shall be fenced.

94 Every vertical shaft that is a working shaft shall be provided with stops or gates that prevent a cage or mine car from being pushed unintentionally beyond the landings of the shaft.

95 All landings of vertical shafts that are working shafts shall be lighted with permanent light fixtures.

Shaft Communications

96 (1) Every working shaft shall be provided with a means of communication between the top, bottom and landings of the shaft, and, where applicable, with the hoist operator.
(2) The mine manager shall establish a code of signals for the purposes of subsection (1).
(3) The employer shall post a copy of the code referred to in subsection (2) in a conspicuous place at all locations where a means of communication is provided.

Safe Operating Procedures for Transporting Persons

97 Where a cage or mine car in a vertical shaft is used for transporting persons and is also used for transporting materials, the cage or mine car shall not be used for transporting persons at the same time as materials are being transported.

98 (1) A cage or mine car that is used for transporting persons shall be in the charge of a qualified person.

(2) Subject to subsection (3), no person shall be transported underground at a speed greater than 6 m/s unless

(a) the hoisting engine, including the safety devices connected thereto, is designed for speeds greater than 6 m/s; and
(b) where rail tracks are used, the rail track is ballasted, graded and fish-plated and is designed for mine cars travelling at speeds greater than 6 m/s.

(3) No person shall be transported underground at a speed greater than the speed for which the cage or mine car is designed.

Standards for Diesel Equipment

99 Every diesel engine that is used underground shall be fitted with an inlet and exhaust-flame trap.

Safety Procedures

100 (1) The mine manager shall prepare in writing and implement safe procedures for the operation of diesel locomotives and internal combustion engines underground.

(2) The procedures referred to in subsection (1) shall specify

(a) the location and method of refuelling the locomotives and engines;
(b) that no operator of a diesel engine shall leave it unattended while the engine is running; and
(c) that there shall always be an adequate supply of dry sand to enable the diesel locomotive to complete any journey that it begins.

101 The employer shall submit a copy of the procedures referred to in subsection 100(1) and any changes in those procedures to the Coal Mining Safety Commission for approval at least 30 days before the implementation of the procedures or changed procedures.

Operator Qualifications

102 No person shall operate a diesel locomotive in any underground portion of a coal mine unless the person

(a) has at least one year’s experience in a coal mine of which at least 90 days have been spent in work associated with the undergound operation of a diesel locomotive; and
(b) is trained and authorized to operate the diesel locomotive in that portion of the coal mine.

Maintenance, Inspection and Tests

103 (1) At least once every 24 hours, a qualified diesel mechanic shall

(a) inspect every diesel engine in service underground; and
(b) supervise the replacement of each diesel engine exhaust-flame trap with a clean trap.

(2) The qualified diesel mechanic referred to in subsection (1) shall make a written report of the results of each inspection and supervision made by the mechanic in a book kept for that purpose.

104 (1) At least once every seven days, a qualified person shall

(a) inspect every diesel engine;
(b) test the effectiveness of the brakes of every diesel locomotive; and
(c) replace the inlet-flame trap with a clean inlet-flame trap on each diesel engine.

(2) The qualified person referred to in subsection (1) shall make a written report of the results of each inspection and test made by the person in a book kept for that purpose.

105 No diesel engine shall be used underground unless all defects identified in an inspection, supervision or test referred to in section 103 or 104 are corrected.

Procedures for Battery Locomotives

106 (1) Where battery locomotives are used underground, the mine manager shall prepare in writing and implement safe procedures for the installation, operation and maintenance of battery locomotives.
(2) The employer shall keep a copy of the procedures referred to in subsection (1) readily available for examination by employees at the coal mine in which the locomotives are used.

Battery Locomotive Standards

107 Every battery locomotive shall be equipped with a methanometer that gives a visual warning to the operator of the locomotive when the concentration of methane gas reaches 1 per cent.

Charging Stations

108 (1) Every charging station underground shall be

(a) equipped with an automatic fire suppression system; and
(b) vented directly into the return airway.

(2) The employer shall, at least 90 days before the construction of a charging station begins, submit to the Coal Mining Safety Commission for approval

(a) a plan of the coal mine showing the location of the charging station;
(b) a ventilation plan showing air-flow directions and quantities in respect of the charging station;
(c) detailed specifications for the charging equipment; and
(d) a general arrangement drawing of the charging station showing the location of the charging equipment and other electrical equipment.

PART IV Ventilation

Airways

109 Where reasonably practicable, main intake and return airways shall be separated by not less than 30 m of natural strata.

Ventilation Systems

110 (1) All underground portions of a coal mine shall be ventilated in such a manner that

(a) dangerous concentrations of flammable or noxious gases are prevented;
(b) the concentration of respirable dust in the air does not exceed the levels referred to in section 111;
(c) as far as is practicable, air is not recirculated;
(d) the oxygen in the general body of the air exceeds 19 per cent; and
(e) the quantity of air circulating dilutes the concentration of carbon dioxide to less than 1.25 per cent.

(2) Where the concentration of flammable gas in the general body of the air in the intake airway to a working face, measured at a location not more than 100 m from that face, exceeds 0.5 per cent, the employer shall

(a) report that fact to a safety officer at the district office; and
(b) stop all activities in the section until the concentration is reduced to less than 0.5 per cent.

Levels of Respirable Dust Underground

111 (1) For the purposes of this section and section 112, the concentration of respirable dust in the air shall be measured from respirable dust samples taken by a MRDE Cassella 113A respirable dust sampling instrument or an instrument that has been calibrated to duplicate the results of the MRDE Cassella 113A.

(2) The concentration of respirable dust in the air underground shall not exceed the following levels:

(a) in a longwall section,

(i) 3 mg/m3, measured at any location 70 m from the longwall face in the intake airway, and
(ii) 6 mg/m3, measured at any location 70 m from the longwall face in the return airway; and

(b) in a development roadway,

(i) 5 mg/m3, where the coal extracted is greater than 70 per cent of the total material extracted, measured at any location at the face of the roadway, and
(ii) 3 mg/m3, where the non-coal material extracted is greater than 30 per cent of the total material extracted, measured at any location at the face of the roadway.

112 (1) A qualified person shall measure and record the concentration of respirable dust in the air at the locations referred to in subsection 111(2) at least once every month.
(2) The employer shall, once every month, send a copy of the records referred to in subsection (1) to a safety officer at the district office.

Ventilation Plan

113 (1) At least 30 days before the introduction or alteration of a ventilation system underground, the employer shall submit a plan of the proposed ventilation system to the Coal Mining Safety Commission for approval.

(2) The plan referred to in subsection (1) shall indicate

(a) the location of all fans and their capacities;
(b) the location of all regulators, airways, stoppings, doors and ducts;
(c) the direction of air circulation;
(d) the minimum quantity of air that it is proposed to circulate through each section shown in the plan; and
(e) the location and type of stone-dust and water barriers.

(3) Subsection (1) does not apply in respect of adjustments in a ventilation system that are necessary to regulate and compensate for the normal day-to-day variations in ventilation conditions underground.

Fans — Basic Standards

114 (1) Every main fan shall be

(a) equipped with devices that are capable of reversing the airflow controlled by the main fan;
(b) located above ground in a fan house constructed of non-flammable materials; and
(c) offset from all shafts or connections to the underground portions of the coal mine.

(2) Every fan house referred to in paragraph (1)(b) shall be provided with a pressure release door or other device that is easily opened by the force of an explosion.
(3) No combustible material shall be stored in a fan house referred to in paragraph (1)(b).

Safe Operating Procedures for Booster Fans

115 (1) No booster fan shall be installed unless a ventilation survey is carried out to demonstrate the necessity for the booster fan, the expected performance range while in operation, the location of the booster fan and its effect on the remainder of the ventilation network.
(2) Ninety days before the installation of a booster fan, the employer shall submit to the Coal Mining Safety Commission for approval a copy of the survey referred to in subsection (1) and a plan for the operation and maintenance of the booster fan.
(3) Every booster fan shall be located in such a manner that, if it stops, it will not restrict the free passage of air delivered by the main fan.
(4) The booster fan system shall be designed so that routine inspection and maintenance may be carried out without stopping the booster fan or interfering with the provision of ventilation by the booster fan.
(5) The power to a booster fan shall be automatically cut off if the percentage of flammable gases in the intake air passing through the fan drive room exceeds 0.5 per cent.
(6) Every booster fan shall have an automatic fire suppression system to suppress fires that may occur in the fan drive room or within 15 m on either side of the booster fan.
(7) The employer shall provide a means to control recirculation of air through the booster fan.

Safe Operating Procedures for Fans

116 (1) Where a main fan, booster fan or auxiliary fan stops for any reason, every person who is in an area that is affected by the stoppage shall be evacuated to a place that is ventilated in accordance with subsection 110(1).
(2) A qualified person shall, before any other person enters an area that has been evacuated pursuant to subsection (1), inspect the area to determine whether it is ventilated in accordance with subsection 110(1).
(3) Where a main fan or booster fan stops for any reason for more than 30 minutes, the mine manager shall, without delay, submit a written report of the circumstances under which it stopped to a safety officer at the district office.

(4) Where an auxiliary fan stops, no person shall restart the auxiliary fan unless a qualified person has

(a) inspected the area underground that is serviced by the auxiliary fan and has tested for flammable gases; and
(b) informed the person that it is safe to restart the auxiliary fan.

(5) The mine manager shall prepare procedures to be followed in the event of the stoppage of an auxiliary fan and shall post a copy of those procedures in a conspicuous place at the surface of the coal mine.

117 All main fans and booster fans and associated equipment shall be inspected by a qualified person at intervals of not more than 30 minutes.

118 (1) Every qualified person who inspects a main fan, a booster fan or any associated equipment shall be authorized to do so and shall hold a certificate as a mine mechanic or a mine electrician.
(2) Every qualified person who inspects a main fan, a booster fan or any associated equipment shall record the results of the inspection in a book kept for that purpose.

Procedures for Ventilation Surveys

119 (1) For every portion of a coal mine, the mine manager shall prepare and keep up to date written procedures for ventilation surveys.

(2) The procedures referred to in subsection (1) shall

(a) include a requirement for a volumetric ventilation survey to be made in every underground portion of the coal mine at least once every month; and
(b) be certified by an engineer.

(3) The mine manager shall submit a written report of each ventilation survey made in accordance with the procedures referred to in subsection (1) to a safety officer at the district office within 15 days after the end of the month in which the ventilation survey is made.

Deficiency in Air

120 Where the quality or quantity of air underground is not in accordance with subsection 110(1), the mine manager shall, without delay, take measures to correct the deficiency.

Ventilation Measurements and Reports

121 (1) Immediately before the beginning of every shift and at least once every day, the barometric pressure and temperature out of doors above ground at a coal mine shall be measured and recorded by a qualified person or by mechanical means.
(2) The mine manager shall, within 24 hours after the making of a record referred to in subsection (1), countersign the record or a copy thereof.

122 (1) Immediately after the taking of a measurement referred to in subsection 121(1), a notice shall be posted in a conspicuous place in the lamp house setting out the barometric pressure and the trend of the barometric pressure at the time of the posting of the notice.
(2) The notice referred to in subsection (1) shall be kept posted until it is replaced by a notice of a subsequent measurement.

Ventilation Inspections

123 (1) A qualified person who holds a certificate as a mine examiner and carries a locked-flame safety lamp shall

(a) inspect at least once every seven days all shafts, other than shafts that are used solely for ventilation, and all accessible stoppings underground;
(b) inspect at least once every seven days the bottom and top of each shaft that is used solely for ventilation; and
(c) make a written report of each inspection referred to in paragraphs (a) and (b) to the underground manager.

(2) The report referred to in paragraph (1)(c) shall set out

(a) the date and time of the inspection;
(b) a statement as to the condition of the airways and accessible stoppings; and
(c) the qualified person’s safety observations respecting the roof support, ventilation, stone dust and accumulations of water and concentrations of flammable or noxious gases in the airways and accessible stoppings.

124 A qualified person shall, at least once every seven days and whenever any alteration is made in the ventilation system serving a roadway on which a diesel engine is operated

(a) measure the quantity of air passing over the roadway;
(b) measure the concentration of flammable gas in the air in the roadway, using a methanometer;
(c) measure the concentration of flammable gas in the air at the ends of the roadway and at a point 10 m from the downwind end of the diesel engine, using a methanometer;
(d) measure the concentration of carbon monoxide in the air at a point 10 m from the downwind end of the diesel engine, using a carbon monoxide detector; and
(e) record the measurements referred to in paragraphs (a) to (d) in a book kept for that purpose.

125 (1) A sample of the undiluted exhaust gas from every diesel engine that is operated underground shall be taken and analysed at least once every month.
(2) Where a sample referred to in subsection (1) contains more than 2,000 ppm of carbon monoxide, the diesel engine shall be removed from service underground.
(3) The employer shall record the result of each analysis referred to in subsection (1) in a book kept for that purpose.

PART V Explosion and Fire Protection

Flammable Gas Tests

126 (1) The mine manager shall designate the location and frequency of tests underground for flammable gas in such a manner that dangerous concentrations of gas are detected in time for

(a) corrective measures to be taken; and
(b) where necessary, employees to be evacuated safely and expeditiously.

(2) Where an employee is required under these Regulations to test for flammable gas, the employer shall provide the employee with a methanometer that is capable of testing for flammable gas in layers, cracks, crevices and other locations that are normally beyond arm’s reach.
(3) Every employee who tests for flammable gas shall make a record of each test in a book kept for that purpose.

Flammable Gas Exceeding 0.5 Per Cent

127 (1) Where six consecutive measurements, taken in accordance with the procedures for ventilation surveys referred to in subsection 119(1) at a location underground where electrical machinery or electrical equipment is used, show a concentration of flammable gas that exceeds 0.5 per cent, a methanometer shall be installed at the location.
(2) Where an electrical machine or electrical equipment is operated at a longwall face, a methanometer shall be installed at each end of the face and one of those methanometers shall be installed as near to the return brushing face as is practicable.

Flammable Gas Exceeding 0.8 Per Cent

128 Where the concentration of flammable gas exceeds 0.8 per cent in a location underground where electrical equipment or a diesel engine is operated or where a source of ignition is present, a test for gas shall be made in that location, using a methanometer, at least once every eight hours for as long as the concentration of flammable gas exceeds 0.8 per cent.

Flammable Gas Exceeding 1.25 Per Cent

129 Where the concentration of flammable gas at the return end of a longwall face may exceed 1.25 per cent, the employer shall provide, at appropriate locations, a methanometer that automatically displays a visual indication of the concentration and sounds an audible alarm to warn employees working at or near the longwall face when the concentration exceeds 1.25 per cent.

130 Where the concentration of flammable gas in the air in an underground portion of a coal mine exceeds 1.25 per cent, the following procedures shall be followed:

(a) during the period in which the concentration exceeds 1.25 per cent, the operation of all diesel engines and of all electrical equipment that is not intrinsically safe, other than electric safety lamps, shall be stopped in that portion of the coal mine; and
(b) the employer shall, within seven days, make a written report of that concentration of flammable gas to a safety officer at the district office.

Flammable Gas Exceeding 2 Per Cent

131 (1) Where the concentration of flammable gas in the air in an area underground exceeds 2 per cent, all persons shall forthwith be evacuated from the area to a place that is ventilated in accordance with subsection 110(1).

(2) Where an area has been evacuated in accordance with subsection (1),

(a) a warning sign bearing the words “DO NOT ENTER” and “ENTRÉE INTERDITE” shall be posted in a conspicuous place at the entrance to the area; and
(b) no person, other than an authorized person, shall enter the evacuated area unless the authorized person has informed the person that it is safe to enter.

Methanometers

132 (1) Methanometers at the intake and return ends of a longwall face shall be designed to continually

(a) measure the concentration of flammable gas in the air;
(b) display the concentration of flammable gas; and
(c) record the concentration of flammable gas.

(2) The record referred to in paragraph (1)(c) shall be displayed

(a) where the concentration is recorded remotely, for a period of at least 24 hours after it is made; and
(b) in any other case, for a period of at least two hours after it is made.

(3) Where remote monitoring of flammable gas is carried out, there shall be a qualified person at the remote monitoring station at all times.
(4) The mine manager shall establish and keep at the remote monitoring station procedures to be followed by a qualified person referred to in subsection (3) whenever an audible alarm is sounded.

Dust Reduction Measures

133 (1) Every area underground shall be kept free from accumulations of coal dust.
(2) Dry areas underground in which coal dust is produced shall be systematically wetted down with water.

(3) To reduce coal dust underground,

(a) where dry coal is cut by a coal-cutting machine, a jet of water shall be directed over the picks of the machine; and
(b) mined coal shall be kept wet during handling.

Dusting Procedures

134 (1) Every roadway underground shall be treated with incombustible dust in such a way that the dust on the floor, roof and sides of the roadway contains

(a) where the concentration of flammable gas in the air in the roadway does not exceed 1 per cent, not less than 75 per cent by weight of incombustible dust; and
(b) where the concentration of flammable gas in the air in the roadway exceeds 1 per cent, not less than 80 per cent by weight of incombustible dust.

(2) Subject to subsection (3), the incombustible dust referred to in subsection (1) shall contain not less than 70 per cent by weight of fine material that is capable, when dry, of passing through a sieve of 200 mesh.
(3) Where a larger percentage of incombustible dust than the percentage referred to in subsection (1) is used, the percentage of fine material referred to in subsection (2) may be reduced in proportion to the increase in the amount of incombustible dust, but in no case shall it be less than 25 per cent.

135 (1) At least once every month, samples of dust shall be taken from the floor, roof and sides along the length of each roadway underground and shall be analysed to determine the percentage of combustible material therein.

(2) The employer shall, in respect of the analysis referred to in subsection (1),

(a) keep a record of the analysis; and
(b) submit a written report of the results of the analysis to a safety officer at the district office before the 15th day of the month following the analysis.

136 Not less than 20 bags of incombustible dust, each weighing not less than 25 kg, shall be stored for emergency use within 150 m of each working face in the intake airway and within 40 m of each working face in the return airway.

Explosion Protection Barriers

137 (1) In each intake airway leading to a working face, a stone-dust barrier or a water barrier shall be placed within 300 m of the working face.
(2) A stone-dust barrier referred to in subsection (1) shall hold not less than 100 kg of stone dust per square metre of area of the roadway that it serves.
(3) A water barrier referred to in subsection (1) shall contain not less than 200 L of water per square metre of area of the roadway that it serves.

Sources of Ignition

138 All electrical equipment that is used underground shall be intrinsically safe or shall be flameproof.

139 (1) Where an employee uses a locked-flame safety lamp, the employee shall inspect the lamp to determine that it is securely locked and is safe for use underground

(a) before the employee takes the lamp underground; and
(b) at regular intervals during the employee’s shift underground.

(2) An employee who holds a certificate as a mine examiner shall inspect every locked-flame safety lamp before it is taken underground to determine that it is securely locked and is safe for use underground.

140 Where a locked-flame safety lamp is damaged underground, the flame shall be extinguished and the lamp shall not be relit underground.

141 (1) No welding, soldering, brazing or other open-flame or heating work shall be carried out underground or at a location above ground that is within 30 m of a shaft or airway unless

(a) the employer has given not less than 24 hours notice of the work to a safety officer at the district office;
(b) the air in the area where the work is carried out is tested before and during the work and the concentration of flammable gas in the air is found to be not more than 0.25 per cent;
(c) the area that is within 8 m of the location where the work is carried out is cleared of all combustible substances and materials that are not necessary for the operation of the coal mine and is thoroughly wetted down;
(d) guards are installed to prevent sparks from escaping from the area where the work is carried out;
(e) two portable fire extinguishers that have a rating of 10A:60B:C and that meet the standards set out in National Standard of Canada standard CAN4-S508-M83, Rating and Fire Testing of Fire Extinguishers, dated June 1983, are readily available at the location where the work is carried out; and
(f) the work is under the constant supervision of a qualified person.

(2) Where welding, soldering, brazing or other open-flame or heating work is carried out underground, an employee who holds a certificate as a mine examiner shall remain in attendance at the location where the work was carried out for a period of 24 hours after the work ceases.
(3) All conveyor belts underground shall be so constructed that they are fire-retardant and anti-static.
(4) Where practicable, lubricants and hydraulic fluids that are used in machinery underground shall be fire-retardant.

Alcohol and Drugs

142 (1) Subject to subsection (2), no person shall go or attempt to go underground in a coal mine if the person has in the person’s possession

(a) alcohol or drugs; or
(b) a match, a cigarette lighter, a cigarette, a pipe, a cigar, tobacco or any other article for use in smoking.

(2) Subject to subsection (3), paragraph (1)(a) does not apply to an employee who is in possession of a drug that has been prescribed for the employee by a physician or any other drug the sale of which is authorized under the laws of Canada.
(3) No person shall enter a coal mine if the person is under the influence of alcohol or drugs to such an extent as to constitute a danger to any employee.

(4) A warning sign of durable construction shall be posted in a conspicuous place at the lamp house of every coal mine and shall bear the following, in white letters not less that 65 mm high on a red background:
“No alcohol, drugs, smoking, matches, lighters or other articles for use in smoking” and “Défense de fumer ou d’avoir en sa possession des spiritueux, une drogue, une allumette, un briquet ou un autre article pour fumer”
“Random searches of persons going underground may be carried out for alcohol, drugs and articles for use in smoking.” and “Les personnes qui pénètrent dans la partie souterraine peuvent faire l’objet de fouilles au hasard pour les spiritueux, les drogues et les articles pour fumer.”

Random Searches

143 (1) For the purposes of section 142, the mine manager shall, at random intervals not exceeding one month, cause a search to be made of

(a) every person who is not an employee and who is granted access to the underground portion of the coal mine;
(b) every employee who is not normally employed underground and who is granted access to the underground portion of the coal mine; and
(c) at least 10 per cent of employees who are normally employed underground.

(2) Searches referred to in subsection (1) shall be made

(a) in the case of a person referred to in paragraph (1)(a) or (b), immediately before the person goes underground; and
(b) in the case of an employee referred to in paragraph (1)(c), after the employee leaves the wash house and before the employee goes underground, or at any time when the employee is underground.

(3) The mine manager or the underground manager and at least one designated person shall be present to witness any search referred to in subsection (1).
(4) A person who is selected as the subject of a search under this section may, instead of being searched by another person, search himself in the presence of the witnesses referred to in subsection (3) and two witnesses of the person’s own choosing.

(5) Where a person who has entered a coal mine is found to have in the person’s possession any thing referred to in subsection 142(1), the person shall

(a) be instructed to leave the coal mine as soon as this may be done without jeopardizing the safety of others; and
(b) immediately follow the instruction referred to in paragraph (a).

(6) A complete record of the finding of any thing referred to in subsection 142(1) in the possession of any person shall be made by the mine manager and kept above ground at the coal mine for a period of not less than 10 years after the date of the finding.

Avoidance of Flammable Material

144 (1) No flammable material shall be used in the construction of any underground room or part of a roadway that houses main engines, main pumps, booster fans, battery chargers or other mechanical equipment or electrical equipment in a coal mine or a portion of a coal mine if the equipment is installed for the period of time during which the coal mine or the portion of the coal mine is in operation.
(2) No flammable material shall be used within 15 m of the approaches to an area referred to in subsection (1).

145 (1) No person shall use flammable material in the construction of any underground engine room, motor room or other room or place in which stationary machinery is operated.

(2) No oil, grease, canvas or other flammable material shall be stored underground unless it is stored

(a) in a non-flammable container; or
(b) at a place 15 m away from where it or any other flammable material is used.

Fire Protection Equipment

146 At least one portable fire extinguisher that has a rating of 10A:60B:C and that meets the standards set out in the National Standard of Canada standard CAN4-S508-M83, Rating and Fire Testing of Fire Extinguishers, dated June 1983, shall be provided

(a) at every working face; and
(b) at every location where an engine or an electric motor is installed or where flammable materials are stored.

147 (1) At least once every month, a qualified person shall inspect all fire protection equipment.
(2) The qualified person referred to in subsection (1) shall make a written report of the inspection to the mine manager.

148 (1) The employer shall, 90 days before commencing the operation of a coal mine, submit to the Coal Mining Safety Commission for approval a plan of the fire protection and water supply systems of the coal mine that shows

(a) the location of fire protection equipment;
(b) the size of the pipes that supply water to the working faces; and
(c) the position of all valves and hydrants on the water supply system.

(2) The employer shall post copies of the plan referred to in subsection (1), as approved by the Coal Mining Safety Commission, in conspicuous places throughout the coal mine where they are readily available for examination by employees.

149 (1) A water supply system for fire protection shall be installed along the side of every conveyor that is in service at a coal mine.

(2) The flow pressure of the water in the system referred to in subsection (1) at any hydrant on the circuit shall be

(a) not less than 340 kPa when two of the hydrants on that circuit are discharging water at a rate of 200 L/min; and
(b) measured at a nozzle of 16 mm diameter that is attached to the hydrant.

Measurement

150 (1) A qualified person shall, at least once every month, measure the flow quantity and flow pressure of water at the hydrants shown on the plan referred to in section 148.
(2) A record of the measurements referred to in subsection (1) shall be made by the qualified person in a book kept for that purpose.
(3) The mine manager and the underground manager shall, every day, examine the book referred to in subsection (2) and countersign the record of any measurement made that day.

Mine Rescue Teams and First Aid Equipment

151 (1) The mine manager shall, for each coal mine, appoint employees as mine rescue workers and organize them into one or more mine rescue teams, each consisting of not less than five mine rescue workers.

(2) The mine manager shall appoint

(a) a mine rescue team captain for every mine rescue team referred to in subsection (1); and
(b) for each coal mine, a mine rescue station superintendent to supervise the mine rescue teams at the coal mine.

(3) Every mine rescue worker shall be equipped with the equipment listed in Schedule III.
(4) During mine rescue work, for each mine rescue worker who is engaged in actual rescue work, one mine rescue worker shall remain in readiness at the fresh air base.
(5) Every mine rescue team shall be equipped with the equipment listed in Column I of each item of Schedule IV in the quantities set out in Column II of that item.
(6) Every mine rescue team shall take at least one training session every month.
(7) At least two of the training sessions referred to in subsection (6) shall be conducted annually under simulated emergency conditions underground.
(8) Emergency procedures shall be tested at least once every two years.
(9) The employer shall notify a safety officer at the district office of the day and time of each training session referred to in subsection (6) or (7) at least 24 hours before the training session.

152 (1) The employer shall provide a self-rescuer to every person granted access underground and shall train the person in the use of it.
(2) The employer shall retrain every employee who goes underground in the use of the self-rescuer at least once every three years.
(3) Every employee shall carry a self-rescuer at all times when the employee is underground.

153 (1) The employer shall provide and maintain the first aid supplies and equipment set out in Column I of each item of Part I of Schedule V in the quantities set out in Column II of that item, within 100 m of

(a) the face of each development; and
(b) each working face on any roadway to that face.

(2) The employer shall provide every underground manager, overman and shotfirer with a first aid kit that contains the supplies set out in Part II of Schedule V.
(3) Every overman and shotfirer shall carry a first aid kit referred to in subsection (2) at all times when underground.

154 (1) At least once every month, a qualified person shall

(a) inspect the first aid supplies and equipment referred to in subsections 152(1) and 153(1) and (2); and
(b) make a written report of the results of the inspection referred to in paragraph (a) to the mine rescue station superintendent.

(2) The report referred to in paragraph (1)(b) shall be countersigned by the mine rescue station superintendent.

Stoppings and Barricades

155 (1) Before stoppings or barricades are installed for fire protection in an area of a coal mine, all persons, other than those persons required to install the stoppings or barricades, shall be evacuated from the area.
(2) No person shall enter an area referred to in subsection (1) for a period of 24 hours after stoppings or barricades have been installed, except for the purpose of saving life, preventing injury or relieving human suffering.

156 Where coal is left unmined as a barrier against fire or flooding or for any other safety purpose, no person shall remove the coal.

157 All openings to any underground area that is not being worked or developed shall be

(a) stopped off; and
(b) posted with a warning sign that states “DO NOT ENTER” and “ENTRÉE INTERDITE”.

PART VI Plans

Pre-development Requirements

158 (1) The employer shall submit to the Coal Mining Safety Commission for approval a notice in writing of the employer’s intention to carry out any of the following activities in a coal mine, at least 90 days before beginning any of those activities, namely,

(a) the development, construction or alteration of a portion of a coal mine;
(b) the introduction or alteration of mining methods or technology;
(c) the use of new methods of construction, operation or installation of equipment;
(d) the introduction or alteration of any main fan, booster fan, machine, equipment or instrument;
(e) the introduction or alteration of transportation equipment or a transportation system for employees or materials;
(f) the construction underground of a bulkhead, dam or permanent stopping;
(g) the construction of a tailing dam, a water storage reservoir or a structure above ground for the storage of explosives;
(h) the introduction of any electrical equipment or electrical system that has not been previously approved, or the alteration of any electrical equipment or electrical system; or
(i) the bulk transportation of explosives.

(2) The notice referred to in subsection (1) shall contain pertinent detailed drawings, plans and specifications.

(3) Where the drawings, plans and specifications referred to in subsection (2) are in respect of a submarine area, they shall indicate

(a) the mining method to be used;
(b) the area from which coal is to be extracted;
(c) sections of the strata between the sea bottom and the workings;
(d) the location of any faults or other geological disturbances; and
(e) the calculated strain on the sea bottom.

(4) For the purposes of subsection (3), a submarine area includes an area below any body of water or material that may flow.

Strata Control Systems

159 (1) The employer shall prepare a plan of strata control for any proposed underground workings of a coal mine that is designed to prevent the collapse of the roof and sides of those workings.
(2) A copy of the plan referred to in subsection (1) shall be posted at every meeting station in such a manner that it is readily available for examination by employees.

Mine Survey Plans

160 (1) A mine surveyor shall prepare a plan of the coal mine using a scale of not less than 1:2,500.

(2) The plan referred to in subsection (1) shall identify

(a) the name of the coal mine;
(b) the date of all surveys of that coal mine carried out by a mine surveyor;
(c) the boundaries of the coal mine;
(d) all working faces, shafts, rooms, pillars, longwall sections, meeting stations and passageways;
(e) the position, direction and extent of every fault and the displacement of the fault;
(f) the direction and rate of dip of the coal seam;
(g) the depth of every shaft;
(h) the elevation of the floor of the coal seams and roadways at intervals of 30 m;
(i) vertical sections of each coal seam;
(j) the airways and direction of air flow;
(k) roadways;
(l) barriers between adjacent coal mines in the same seam; and
(m) all stoppings.

(3) A mine surveyor shall prepare additional plans of the coal mine to show details of

(a) the ventilation system, including airways and airway crossings, doors, air ducts, brattice sheets, stoppings, methane drainage pipes and holes, auxiliary fans and booster fans;
(b) compressed air lines;
(c) the water circuit, including the position of hydrants, stop valves and tanks and the diameter of the pipes;
(d) the electrical equipment and control devices, including cables, substations, pump rooms, telephones and environmental monitoring equipment;
(e) roadways and manholes; and
(f) the transportation system for employees and materials.

(4) The plan referred to in subsection (1) and the additional plans referred to in subsection (3) shall be brought up to date as of January 1, April 1, July 1 and October 1 of every year and a copy of the up-to-date plans shall be submitted to a safety officer at the district office not later than on the 20th day of the month for which they are brought up to date.
(5) A copy of the plans and the additional plans, brought up to date in accordance with subsection (4), shall be posted at the lamp house.

Notices of Closure

161 (1) At least 90 days before closing a coal mine or any portion of a coal mine, the employer shall submit a notice of the employer’s intention by registered mail to the Coal Mining Safety Commission.
(2) The notice referred to in subsection (1) shall be accompanied by a plan of the coal mine prepared in accordance with subsection 160(1) and revised to show the boundaries of the mine and the limits of all workings as they exist on the day the notice is mailed.
(3) At the time when a coal mine or a portion of a coal mine is closed, the employer shall submit to the Coal Mining Safety Commission, by registered mail, a final plan of the coal mine or portion of the coal mine as it exists on the day of closure.

PART VII Hazardous Occurrences

Reports by Employees

162 Where an employee becomes aware of an accident or other occurrence arising in the course of or in connection with the employee’s work that has caused or is likely to cause injury to that employee or to any other person, the employee shall, without delay, report the accident or other occurrence to the employer, orally or in writing.

Investigations

163 Where an employer becomes aware of an accident, occupational disease or other hazardous occurrence affecting any of the employees in the course of employment, the employer shall, without delay,

(a) appoint a qualified person to carry out an investigation of the hazardous occurrence;
(b) notify the safety and health committee or the safety and health representative, if any, of the hazardous occurrence and of the name of the person appointed to investigate it; and
(c) take necessary measures to prevent a recurrence of the hazardous occurrence.

Reports by Employer

164 (1) Where a hazardous occurrence referred to in section 163 results in a death, a fire or an explosion, the employer shall forthwith report the hazardous occurrence to a safety officer at the district office by telephone or telex.

(2) The employer shall submit a written report to a safety officer at the district office of any hazardous occurrence referred to in section 163 that had one of the following results, as soon as possible but not later than 48 hours after becoming aware of that result, namely,

(a) an injury for which a person is hospitalized;
(b) a death;
(c) a fire or an explosion; or
(d) damage to a hoist, ventilation system or other equipment that is essential to the safety or health of employees.

(3) The employer shall, as soon as the investigation referred to in paragraph 163(a) is completed, submit a written report of the findings of the investigation to a safety officer at the district office.

165 Where the employer becomes aware of an emergency or an unusual dangerous condition in the mine, the employer shall, without delay, report the emergency or condition and any action the employer has taken or proposes to take in respect thereof to a safety officer at the district office by telephone.

166 The employer shall, not later than on the 15th day of every month, submit to a safety officer at the district office a written report of all accidents, occupational diseases and other hazardous occurrences referred to in section 163 that occurred in the previous month.

PART VIII Entering a Closed Mine

167 If an employer proposes to enter a mine that has been closed but does not intend to significantly disturb the ground, the employer shall, in accordance with paragraph 125(1)(v) of the Act, adopt and implement a safety code that contains information relevant to the health and safety of employees entering the mine and that is approved by the Senior Director, Occupational Health and Safety and Injury Compensation.
SOR/2006-138, s. 1.

168 The Senior Director, Occupational Health and Safety and Injury Compensation, shall approve the safety code if

(a) it is filed at least 30 days before the proposed day of entry into the mine;
(b) it contains provisions having substantially the same purpose and effect as these Regulations; and

(c) it includes

(i) the name and geographical location of the proposed entry,
(ii) a description of the work to be done and its duration,

(iii) a description of safety and control measures that will be used when entering the mine, including a description of

(A) how

(I) the mine will be ventilated,
(II) ground control will be managed,
(III) electrical and mechanical safety will be ensured, and
(IV) water will be handled,

(B) mine rescue resources and communication,
(C) air quality and air quantity testing in the ventilated part, and
(D) the type of personal protective equipment that will be used,

(iv) a list of equipment to be used,
(v) a description of the health and safety responsibilities of the employer and the employees,
(vi) a list of individuals who will be entering the mine, and
(vii) a description of how the mine will be sealed.

SOR/2006-138, s. 1.

169 Sections 4 to 166 do not apply to employment in a mine that is entered after having been closed if the employer has adopted and implemented the safety code referred to in section 167 and as long as the employer does not significantly disturb the ground.
SOR/2006-138, s. 1.

SCHEDULE I(Section 2)Rope-Testing Laboratories

1 Burnside Rope and Slings
186 Joseph Zatzman Drive
Dartmouth, Nova Scotia
B3B 1N4

2 Cape Breton Development Corporation
Central Shops, Wire Rope Testing
Official Row
Glace Bay, Nova Scotia
Mailing Address:
Cape Breton Development Corporation
Central Shops, Wire Rope Testing
P.O. Box 2500
Sydney, Nova Scotia
B1P 6K9

3 Greening Donald Co. Ltd.
P.O. Box 430
Hamilton, Ontario
L8N 3J8

4 Ontario Department of Mines
Wire Rope Testing Lab
B441, Whitney Block
Parliament Buildings
Toronto, Ontario
M7A 1W3

5 Unirope Limited
3089 Universal Drive
Mississauga, Ontario
L4X 2E2

6 Warnock Hersey
128 Elmslie St.
LaSalle, Quebec
H8R 1V8

SCHEDULE II(Section 10 and paragraph 19(1)(c))Explosives and Detonators

PART I Explosives

Item
Column I
Column II

Type of Explosive
Maximum Amount per Shot Hole

1
CIL, MONOBEL S-1
900 g

2
CIL, C-X-L-ITE
600 g

PART II Detonators

1 CIL ED-CM-SD Non-Incendive Millisecond-Delay Detonators Numbers 0-15

SCHEDULE III(Subsection 151(3))

EQUIPMENT FOR MINE RESCUE WORKERS

Item
Equipment

1
Self-contained breathing apparatus

2
Safety belt

3
Link line

4
Self-rescuer

5
First aid kit (containing the equipment listed in Part II of Schedule V)

6
Identification tag

7
Watch

8
Electric safety lamp

SCHEDULE IV(Subsection 151(5))

STANDARD EQUIPMENT FOR MINE RESCUE TEAMS

Item
Column I
Column II

Equipment
Quantity

1
Horns
2

2
Multi-purpose gas tester and tubes
1

3
Methanometer
1

4
Smoke bombs
3

5
Oxygen tester or locked-flame safety lamp
1

6
Cane with brass tip
1

7
Plan of the coal mine
1

8
Notebook
1

9
Chalk
1

10
Pens
5

11
Guide line
1

12
Communication system
1

13
Self-contained self-rescuers
2

SCHEDULE V(Section 153)

PART I
First Aid Supplies and Equipment

Item
Column I
Column II

Supplies and Equipment
Quantity

1
Stretcher
1

2
Blankets
2

3
Backboard (full size)
1

4
Wooden splints (10 cm × 81 cm)
2

5
Wooden splints (10 cm × 152 cm)
2

6
Sand bags (medium size)
2

7
Bandages (5 cm × 3 m)
2

PART II
First Aid Kit

Item
Column I
Column II

Supplies
Quantity

1
Bandage (5 cm × 3 m)
1

2
Bandaids (various)
24

3
Slings
2

4
4 cm × 4 cm gauze dressings
2

5
Foille tubes
2

6
Alcohol swabs
12

7
Knuckle dressings
2

8
Anchor dressings
2

9
Adhesive tape (15 mm × 2 m)
1