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Coal Mining Occupational Health and Safety Regulations (SOR/90-97)

Regulations are current to 2022-07-13 and last amended on 2021-01-01. Previous Versions

Coal Mining Occupational Health and Safety Regulations

SOR/90-97

CANADA LABOUR CODE

Registration 1990-01-25

Coal Mining Occupational Health and Safety Regulations

P.C. 1990-107 1990-01-25

Her 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.

 [Repealed, SOR/2002-143, s. 2]

Interpretation

 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

 These Regulations apply in respect of coal mines subject to the Act.

  • SOR/2002-143, s. 3

Records, Reports, Plans and Procedures

  •  (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.

 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

 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

 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

  •  (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).

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

PART IExplosives and Detonators

Storage and Handling

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

  •  (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.

  •  (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.

  •  (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.

 
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