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.
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