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

1 [Repealed, SOR/2002-143, s. 2]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.

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.