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AR 62/2003 OCCUPATIONAL HEALTH AND SAFETY REGULATION

(Consolidated up to 182/2013)

ALBERTA REGULATION 62/2003

Occupational Health and Safety Act

OCCUPATIONAL HEALTH AND SAFETY REGULATION

Table of Contents

                1      Definitions

Part 1
General

                2      Controlled product

                3      Hazardous material

                4      Hazardous occupation

                5      Hazardous work site

                6      Notifiable diseases

                7      Availability of specifications

                8      Critical documents

                9      Posting orders and notices

              10      Acceptance

              11      Notice to a Director

           11.1      Service of orders and administrative penalty notices

              12      Equipment

              13      General protection of workers

              14      Duties of workers

              15      Safety training

              16      Joint First Aid Training Standards Board


Part 2
Non‑mining Blasting Operations
and Blasters’ Permits

           16.1      Application of Part 2

              17      Issue of blasters permit

              18      Expiry

              19      Suspension and cancellation

              20      Effect at work site

              21      Employer records of blaster permits

              22      Amendment of permit

              23      Possession of blasters permit

Part 3
Mining Operations
and Mining Certificates

Board of Examiners for Mining

              24      Board of Examiners

              25      Duties of Board of Examiners

Mining Certificates

              26      Underground mine blasters certificate

              27      Surface mine blasters certificate

              30      Underground coal mine managers certificate

              31      Underground coal mine foremans certificate

              32      Underground coal mine electrical superintendents certificate

           32.1      Expiry of mining certificate

           32.2      Suspension and cancellation, etc., of mining certificates

              34      Provisional certificates

Part 4
Records, Fees and Expiry

           34.1      Employer records of certificates and permits

              35      Blasters permit

              36      Mining certificates

              40      Expiry

Definitions

1   In this Regulation,

                               (a)    “acceptance” means an acceptance issued under section 34 of the Act;

                              (b)    “Act” means the Occupational Health and Safety Act;

                               (c)    “asbestos” includes all forms of asbestos;

                              (d)    “blaster’s permit” means a permit for non‑mining operations referred to in section 17(1);

                               (e)    “blasting area”, except at a mine site, means the area extending at least 50 metres in all directions from any place in which explosives are being prepared, fired or destroyed or in which armed charges are known or believed to exist;

                               (f)    “coal dust” means dust that

                                        (i)    results from the mining, transporting or processing of coal,

                                      (ii)    is of a pure or mixed carboniferous, mineralogical composition, and

                                     (iii)    contains 10% or less of free silica calculated by weight;

                               (g)    “competent” in relation to a worker, means adequately qualified, suitably trained and with sufficient experience to safely perform work without supervision or with only a minimal degree of supervision;

                              (h)    “direct supervision” means under the supervision of a competent worker who is

                                        (i)    personally and visually supervising the other worker, and

                                      (ii)    able to communicate readily and clearly with the other worker;

                               (i)    “equipment” means a thing used to equip workers at a work site and includes tools, supplies, machinery, instruments and sanitary facilities;

                               (j)    “explosive” means a chemical compound or mixture that by fire, friction, impact, percussion or detonation, may cause a sudden release of gases at a pressure capable of producing destructive effects to adjacent objects or of killing or injuring a person;

                              (k)    “harmful substance” means a substance that, because of its properties, application or presence, creates or could create a danger, including a chemical or biological hazard, to the health and safety of a worker exposed to it;

                               (l)    “lead” includes inorganic and organic compounds of lead;

                             (m)    “mine” means a working, other than a drill hole made while exploring for a mineral, from which coal, metals, precious or semi‑precious minerals, industrial minerals, oil sands or any other material could be extracted, whether commercially or otherwise;

                              (n)    “mine site” means a location at which a facility for extracting a mineral by underground, strip, open pit or quarry operations exists or is to be developed, and includes

                                        (i)    a mineral processing plant, storage facility or discard disposal facility that exists or is to be developed in connection with a mine, and

                                      (ii)    all connected access roads;

                              (o)    “mining certificate” means a certificate issued under Part 3;

                           (o.1)    “professional engineer” means a professional engineer within the meaning of the Engineering and Geoscience Professions Act;

                              (p)    repealed AR 182/2013 s2;

                              (q)    “silica” means crystalline silicon dioxide, including quartz and cristobalite;

                               (r)    “surface mine” means a mine worked by strip mining, open pit mining or other surface method, including auger mining;

                               (s)    “underground mine” means a mine other than a surface mine.

                               (t)    “working face” means the surface from which mineable material, overburden or waste material is being removed.

AR 62/2003 s1;182/2013

Part 1
General

Controlled product

2   For the purposes of section 1(c) of the Act, a product, material or substance specified by the Controlled Products Regulations made pursuant to paragraph 15(1)(a) of the Hazardous Products Act (Canada) to be included in any of the classes listed in Schedule II to the Hazardous Products Act (Canada) is designated as a controlled product.

Hazardous material

3   For the purposes of section 1(l) of the Act, an explosive is designated as a hazardous material.

Hazardous occupation

4   For the purposes of section 1(m) of the Act, the occupation of a person who works with asbestos, silica, coal dust or lead is designated as a hazardous occupation.

Hazardous work site

5   For the purposes of section 1(n) of the Act, a blasting area and an area of a work site where there is a reasonable chance that the airborne concentration of asbestos, silica, coal dust or lead exceeds or may exceed the occupational exposure limit for one or more of the substances under an adopted code are each designated as a hazardous work site.

AR 62/2003 s5;182/2013

Notifiable diseases

6   The following diseases are notifiable diseases for the purpose of section 22 of the Act:

                               (a)    asbestosis;

                              (b)    mesothelioma;

                               (c)    asbestos‑induced lung cancer;

                              (d)    asbestos‑induced laryngeal cancer;

                               (e)    asbestos‑induced gastrointestinal cancer;

                           (e.1)    any other kind of asbestos‑induced cancer;

                               (f)    coal worker’s pneumoconiosis;

                               (g)    silicosis;

                              (h)    elevated blood lead level, that is, a worker’s blood lead level greater than 0.5 micromoles per litre (µmol/L);

                               (i)    noise‑induced hearing loss.

AR 62/2003 s6;182/2013

Availability of specifications

7(1)  If the Act, a regulation or an adopted code requires work to be done in accordance with a manufacturer’s specifications or specifications certified by a professional engineer, an employer must ensure that

                               (a)    the workers responsible for the work are familiar with the specifications, and

                              (b)    the specifications are readily available to the workers responsible for the work.

(2)  If the Act, a regulation or an adopted code refers to a manufacturer’s or employer’s specifications or specifications certified by a professional engineer, an employer must ensure that, during the period of time that the matters referred to in the specifications are in use, a legible copy of the specifications is readily available to workers affected by them.

(3)  An employer must ensure that the original of the document setting out manufacturer’s or employer’s specifications or specifications certified by a professional engineer is available in Alberta for inspection by an officer.

Critical documents

8(1)  If an employer is required to make a report or plan under the Act, the regulations or the adopted code, the employer shall ensure that a paper or downloaded electronic copy of it is readily available for reference by workers at the work site affected by it.

(2)  If an employer is required to develop procedures or to put procedures in place under the Act, the regulations or the adopted code, the employer shall ensure that a paper or downloaded electronic copy of the current procedures is readily available for reference by workers at the work site affected by the procedures.

(3)  An employer shall ensure that current paper or downloaded electronic copies of the Act, this Regulation and the adopted code are readily available for reference by workers.

AR 62/2003 s8;182/2013

Posting orders and notices

9(1)  An employer must post a copy of the following at a work site:

                               (a)    an order made under the Act that is relevant to the work site;

                              (b)    a health and safety notice prepared by or for a Director concerning conditions or procedures at the work site.

(2)  The employer must post the copy at a conspicuous place at the work site as soon as the employer receives it.

(3)  The employer must keep an order under the Act posted until the conditions specified in the order are met.

(4)  Despite subsections (1) to (3), if the work site is mobile and posting is impracticable, the employer must ensure that the information in the order or the notice is brought to the attention of all workers at the work site.

Acceptance

10(1)  An application for an acceptance must provide the specific details about the alternative tool, appliance, equipment, work process or first aid service, supplies or equipment that a Director needs to determine if the alternative gives workers equal or greater protection than the original requirement.

(2)  An employer must ensure that a copy or a record of an acceptance that applies at a work site is

                               (a)    posted at the work site,

                              (b)    if applicable, secured to or kept with the equipment to which the acceptance applies, or

                               (c)    otherwise communicated to the workers who may be affected by the acceptance.

Notice to a Director

11   If a regulation or an adopted code requires a person to give notice to a Director, the person must use the quickest practical means of communication available.

Service of orders and administrative penalty notices

11.1(1)  In this section,

                               (a)    “addressee” means the person referred to in section 44(1.1) of the Act;

                              (b)    “document” means the notice or order referred to in section 44(1.1) of the Act;

                               (c)    “receipt” means the standard instrument or electronic signature pad device that is in normal use in the service deliverer’s business, a signature on which indicates a person’s acceptance of recorded mail handled by that service deliverer;

                              (d)    “service deliverer” means the entity that provides the mail or courier service referred to in section 44(1) of the Act.

(2)  For the purposes of applying section 44(1) of the Act, the written acknowledgment of the document must include the signature on the applicable receipt of the addressee or another individual present at the addressee’s address.

(3)  The electronic method referred to in section 44(1.1)(c) of the Act consists of transmission by facsimile machine to the addressee’s facsimile number or by e‑mail to the addressee’s e‑mail address.

(4)  For the purposes of this section, service of a document is presumed to be effected,

                               (a)    if the document is sent by recorded mail, on the date the receipt is signed in accordance with this section, unless the contrary is proved, or

                              (b)    if the document is transmitted by facsimile machine or e‑mail, when it is transmitted, unless it is proved that the facsimile or e‑mail containing the document was not received at the addressee’s facsimile number or e‑mail address, as the case may be.

(5)  This section does not apply to documents served in court proceedings.

AR 182/2013 s6

Equipment

12(1)  An employer must ensure that all equipment used at a work site

                               (a)    is maintained in a condition that will not compromise the health or safety of workers using or transporting it,

                              (b)    will safely perform the function for which it is intended or was designed,

                               (c)    is of adequate strength for its purpose, and

                              (d)    is free from obvious defects.

(2)  If a worker is required under the Act, the regulations or the adopted code to use or wear specific equipment, the employer must ensure that the worker uses or wears the equipment at the work site.

AR 62/2003 s12;182/2013

General protection of workers

13(1)  If work is to be done that may endanger a worker, the employer must ensure that the work is done

                               (a)    by a worker who is competent to do the work, or

                              (b)    by a worker who is working under the direct supervision of a worker who is competent to do the work.

(2)  An employer who develops or implements a procedure or other measure respecting the work at a work site must ensure that all workers who are affected by the procedure or measure are familiar with it before the work is begun.

(3)  An employer must ensure that workers who may be required to use safety equipment or personal protective equipment are competent in the application, care, use, maintenance and limitations of that equipment.

(3.1)  Where a worker makes a report under section 14(2.1), the employer shall review the situation and take any necessary corrective action in a timely manner.

(4)  If a regulation or an adopted code imposes a duty on a worker, the worker’s employer must ensure that the worker performs that duty.

AR 62/2003 s13;182/2013

Duties of workers

14(1)  A worker who is not competent to perform work that may endanger the worker or others must not perform the work except under the direct supervision of a worker who is competent to perform the work.

(2)  A worker must immediately report to the employer equipment that

                               (a)    is in a condition that will compromise the health or safety of workers using or transporting it,

                              (b)    will not perform the function for which it is intended or was designed,

                               (c)    is not strong enough for its purpose, or

                              (d)    has an obvious defect.

(2.1)  A worker who believes that an unsafe or harmful work site condition or act exists or has occurred shall immediately report it to the employer.

(3)  If a regulation or an adopted code imposes a duty on a worker,

                               (a)    the duty must be treated as applying to circumstances and things that are within the worker’s area of occupational responsibility, and

                              (b)    the worker must perform that duty.

AR 62/2003 s14;182/2013

Safety training

15(1)  An employer must ensure that a worker is trained in the safe operation of the equipment the worker is required to operate.

(2)  An employer must ensure that the training referred to in subsection (1) includes the following:

                               (a)    the selection of the appropriate equipment;

                              (b)    the limitations of the equipment;

                               (c)    an operator’s pre‑use inspection;

                              (d)    the use of the equipment;

                               (e)    the operator skills required by the manufacturer’s specifications for the equipment;

                               (f)    the basic mechanical and maintenance requirements of the equipment;

                               (g)    loading and unloading the equipment if doing so is a job requirement;

                              (h)    the hazards specific to the operation of the equipment at the work site.

(3)  If a worker may be exposed to a harmful substance at a work site, an employer must

                               (a)    establish procedures that minimize the worker’s exposure to the harmful substance, and

                              (b)    ensure that a worker who may be exposed to the harmful substance

                                        (i)    is trained in the procedures,

                                      (ii)    applies the training, and

                                     (iii)    is informed of the health hazards associated with exposure to the harmful substance.

(4)  A worker must participate in the training provided by an employer.

(5)  A worker must apply the training referred to in subsections (1) and (3).

Joint First Aid Training Standards Board

16   If the Minister establishes a Joint First Aid Training Standards Board under section 7 of the Government Organization Act, the Board must include members selected from among the national first aid training standard setting agencies.

AR 62/2003 s16;182/2013

Part 2
Non‑mining Blasting Operations
and Blasters’ Permits

Application of Part 2

16.1   This Part applies with respect to non‑mining blasting operations.

AR 182/2013 s11

Issue of blasters permit

17(1)  A worker who handles, prepares, fires, burns or destroys an explosive must hold a blaster’s permit issued for that specific type of blasting operation as stated on the permit.

(2)  A blaster’s permit may be issued by

                               (a)    a Director of Inspection, or

                              (b)    an organization that is authorized by a Director of Inspection.

(3)  A worker may apply for a blaster’s permit in a form approved by a Director of Inspection.

(4)  An applicant for a blaster’s permit must

                               (a)    have successfully completed a course and examination acceptable to the Director of Inspection,

                              (b)    have qualifications acceptable to the Director of Inspection,

                               (c)    provide the Director of Inspection with written proof that the applicant

                                        (i)    has, within the previous 36 months, at least 6 months experience in handling, preparing, firing, burning or destroying explosives as a blaster or an assistant to a blaster, and

                                      (ii)    is, in the opinion of the applicant’s employer, competent to carry out the blasting operation,

                                  or

                              (d)    satisfy a Director of Inspection that the applicant holds valid and current documentation from an equivalent certifying authority in another jurisdiction of Canada that is a blaster’s permit in that jurisdiction or that is recognized by that Director as the equivalent in that jurisdiction of a blaster’s permit issuable under this section.

(5)  A Director of Inspection may issue a blaster’s permit if the applicant

                               (a)    is 18 years of age or older, and

                              (b)    complies with subsection (4).

AR 62/2003 s17;284/2009

Expiry

18(1)  The term of a blaster’s permit is that stipulated by a Director of Inspection in the permit, which term is to have an expiry date not later than 5 years after the date of the issue of the permit.

(2)  Notwithstanding subsection (1), a blaster’s permit issued to an applicant who qualifies for it by virtue of section 17(4)(d) expires at the time that the documentation referred to in that clause expires or otherwise terminates.

AR 62/2003 s18;182/2013

Suspension and cancellation

19(1)  Subject to this section, a Director of Inspection may, by notice in writing, cancel a blaster’s permit or suspend it for the period specified in the notice if there is reason to believe that its holder

                               (a)    has contravened the Act, the regulations or an adopted code,

                              (b)    has otherwise used explosives, detonators or equipment in a manner that constitutes a hazard to the holder or other workers,

                               (c)    is or was the holder of documentation referred to in section 17(4)(d) and that documentation is suspended or cancelled,

                              (d)    provided false information to a Director of Inspection or an officer, or

                               (e)    has done or has failed to do anything that, in the Director’s opinion, warrants the cancellation or suspension.

(2)  An officer may suspend a blaster’s permit for a period not exceeding 72 hours if any of the conditions in subsection (1) are met.

(3)  A Director of Inspection may for any reason reassess the competency of the holder of a blaster’s permit or require any specified training to be undertaken, or both.

(4)  A person who suspends or cancels a blaster’s permit issued by an organization referred to in section 17(2)(b) shall notify that organization of the suspension or cancellation.

(5)  A person who suspends or cancels a blaster’s permit shall give written reasons for the suspension or cancellation to the worker and the worker’s employer.

(6)  The holder of a blaster’s permit shall surrender the permit immediately to an officer on request if it is suspended or cancelled.

AR 62/2003 s19;182/2013

Effect at work site

20   If a Director of Inspection or an officer suspends or cancels a blaster’s permit held by a worker at a work site where explosives are used, all other blaster’s permits held by workers at the same work site are suspended until the employer gives that person proof in writing acceptable to that person that action has been taken to correct the conditions that led to the initial suspension or cancellation.

AR 62/2003 s20;182/2013

Employer records of blaster permits

21   An employer must ensure that a current list of the blasters employed by the employer, listing each blaster’s name, the issuer of the permit, permit number and permit expiry date is maintained and readily available for reference by an officer.

Amendment of permit

22(1)  A Director of Inspection may amend a blaster’s permit.

(2)  If a holder of a blaster’s permit applies to a Director of Inspection to amend the terms of the blaster’s permit to include the experimental use of explosives not otherwise covered by the blaster’s permit, the application must include a description of the experimental use including

                               (a)    the explosive to be used,

                              (b)    the detonator and method of detonation,

                               (c)    details of the transportation, handling, preparation and loading of the explosives and detonators,

                              (d)    the name of the supervisor in charge of the operation,

                               (e)    the name of the blaster, blaster’s permit number and the issuer of the permit, and

                               (f)    any other information a Director of Inspection requires.

Possession of blasters permit

23   The holder of a blaster’s permit must have the original, valid blaster’s permit at the work site while a blasting operation is in progress.

Part 3
Mining Operations
and Mining Certificates

Board of Examiners for Mining

Board of Examiners

24(1)  The Minister may establish a Board of Examiners comprising members appointed by the Minister.

(2)  Repealed AR 182/2013 s15.

(3)  The appointment of a person to the Board of Examiners must be for the fixed term set by the Minister.

(4)  The fees and expenses payable to a person serving on the Board of Examiners must be in an amount determined by the Minister.

(5)  The Board of Examiners may regulate its own procedure and business, including the fixing of a quorum.

AR 62/2003 s24;182/2013

Duties of Board of Examiners

25(1)  The functions of the Board of Examiners are to provide Directors of Inspection with any advice requested of it with respect to matters related to mining operations and mining certificates.

(2)  Without limiting subsection (1), a Director of Inspection may request the Board of Examiners specifically

                               (a)    to advise as to the eligibility and qualification requirements for candidates applying for mining certificates,

                              (b)    to conduct examinations of candidates seeking mining certificates,

                               (c)    to recommend the candidates to whom mining certificates should be issued,

                              (d)    to provide technical support pertaining to mining operations and certificates, and

                               (e)    to advise on any other matter referred to in subsection (1) requested by a Director of Inspection. 

AR 62/2003 s25;182/2013

Mining Certificates

Underground mine blasters certificate

26(1)  A worker who handles, prepares, fires, burns or destroys an explosive or handles misfires at an underground mine site must hold an underground mine blaster’s certificate issued by a Director of Inspection.

(2)  A worker may apply for an underground mine blaster’s certificate in a form approved by a Director of Inspection.

(3)  An applicant for an underground mine blaster’s certificate must

                               (a)    either

                                        (i)    have at least 3 years’ experience in underground mining,

                                      (ii)    produce written evidence of having received adequate instruction and training in underground mine blasting by a worker competent in underground mine blasting, and

                                     (iii)    satisfy a Director of Inspection that the applicant is competent to hold an underground mine blaster’s certificate,

                                  or

                              (b)    satisfy a Director of Inspection that the applicant holds valid and current documentation from an equivalent certifying authority in another jurisdiction of Canada that is an underground mine blaster’s certificate in that jurisdiction or that is recognized by that Director as the equivalent in that jurisdiction of an underground mine blaster’s certificate issuable under this section.

(4)  A Director of Inspection may issue an underground mine blaster’s certificate to a worker who complies with this section.

AR 62/2003 s26;284/2009;182/2013

Surface mine blasters certificate

27(1)  A worker who handles, prepares, fires, burns or destroys an explosive or handles misfires at a surface mine site must hold a surface mine blaster’s certificate issued by a Director of Inspection.

(2)  A worker may apply for a surface mine blaster’s certificate in a form approved by a Director of Inspection.

(3)  An applicant for a surface mine blaster’s certificate must

                               (a)    either

                                        (i)    have at least 3 years’ experience in surface mining,

                                      (ii)    produce written evidence of having received adequate instruction and training in surface mine blasting by a worker competent in surface mine blasting, and

                                     (iii)    satisfy a Director of Inspection that the applicant is competent to hold a surface mine blaster’s certificate,

                                  or

                              (b)    satisfy a Director of Inspection that the applicant holds valid and current documentation from an equivalent certifying authority in another jurisdiction of Canada that is a surface mine blaster’s certificate in that jurisdiction or that is recognized by that Director as the equivalent in that jurisdiction of a surface mine blaster’s certificate issuable under this section.

(4)  A Director of Inspection may issue a surface mine blaster’s certificate to a worker who complies with this section.

AR 62/2003 s27;284/2009;182/2013

28, 29   Repealed AR 182/2013 s18.

Underground coal mine managers certificate

30(1)  A person may apply in a form approved by a Director of Inspection for an underground coal mine manager’s certificate.

(2)  A Director of Inspection may issue an underground coal mine manager’s certificate to a worker

                               (a)    if the worker is a professional engineer in the mining discipline, has experience in underground coal mining totalling at least 5 years, including at least one year of working at the working face, and has demonstrated knowledge of the Act, the regulations and the relevant portions of the adopted code and underground mine rescue acceptable to a Director of Inspection,

                              (b)    if a Director of Inspection is satisfied that the worker has sufficient knowledge and experience in underground coal mining to manage underground coal mine activities safely, or

                               (c)    if the worker satisfies a Director of Inspection that the worker holds valid and current documentation from an equivalent certifying authority in another jurisdiction of Canada that is an underground coal mine manager’s certificate in that jurisdiction or that is recognized by that Director as the equivalent in that jurisdiction of an underground coal mine manager’s certificate issuable under this section.

(3) to (5)  Repealed AR 182/2013 s19.

AR 62/2003 s30;284/2009;182/2013

Underground coal mine foremans certificate

31(1)  A person may apply in a form approved by a Director of Inspection for an underground coal mine foreman’s certificate.

(2)  A Director of Inspection may issue an underground coal mine foreman’s certificate to a worker

                               (a)    with experience totalling at least 5 years in an underground coal mine, including at least one year of working at the working face or its equivalent,

                              (b)    who is knowledgeable about blasting procedures and underground rescue procedures,

                               (c)    who holds a standard first aid certificate, and

                              (d)    who satisfies a Director of Inspection that the applicant is competent to hold an underground coal mine foreman’s certificate

or who satisfies a Director of Inspection that the worker holds valid and current documentation from an equivalent certifying authority in another jurisdiction of Canada that is an underground coal mine foreman’s certificate in that jurisdiction or that is recognized by that Director as the equivalent in that jurisdiction of an underground coal mine foreman’s certificate issuable under this section.

(3)  Repealed AR 182/2013 s20.

AR 62/2003 s31;284/2009;182/2013

Underground coal mine electrical super-intendents certificate

32(1)  A person may apply in a form approved by a Director of Inspection for an underground coal mine electrical superintendent’s certificate.

(2)  A Director of Inspection may issue an underground coal mine electrical superintendent’s certificate to

                               (a)    a worker who is a professional engineer in the electrical discipline and has experience in underground coal mining totalling at least 2 years and has demonstrated knowledge of the Act, the regulations and the relevant portions of the adopted code acceptable to a Director of Inspection,

                              (b)    a worker who holds a trade certificate in the trade of electrician under the Apprenticeship and Industry Training Act or a certificate in the trade of electrician issued by another jurisdiction in Canada bearing an interprovincial standards red seal, demonstrates to a Director of Inspection satisfactory knowledge of the Act, the regulations and the relevant portions of the adopted code and has at least

                                        (i)    3 years of electrical experience in underground coal mining or its equivalent, or

                                      (ii)    4 years of electrical experience, including at least one year in underground coal mining,

                               (c)    a worker who has other training and experience acceptable to a Director of Inspection, or

                              (d)    a worker who satisfies a Director of Inspection that the worker holds valid and current documentation from an equivalent certifying authority in another jurisdiction of Canada that is an underground coal mine electrical superintendent’s certificate in that jurisdiction or that is recognized by that Director as the equivalent in that jurisdiction of an underground coal mine electrical superintendent’s certificate issuable under this section.

AR 62/2003 s32;284/2009;182/2013

Expiry of mining certificate

32.1(1)  The term of a mining certificate is that stipulated by a Director of Inspection in the certificate, which term is to have an expiry date not later than 5 years after the date of the issue of the certificate.

(2)  Notwithstanding subsection (1), a mining certificate issued to an applicant who qualifies for it by virtue of section 26(3)(b), 27(3)(b), 30(2)(c), the portion of section 31(2) occurring after clause (d) or section 32(2)(d), as the case may be, expires at the time that the documentation referred to in that provision expires or otherwise terminates.

AR 182/2013 s22

Suspension and cancellation, etc., of mining certificates

32.2(1)  Subject to this section, a Director of Inspection may, by notice in writing, cancel a mining certificate or suspend it for the period specified in the notice if there is reason to believe that its holder

                               (a)    has contravened the Act, the regulations or an adopted code,

                              (b)    has otherwise used explosives, detonators or equipment in a manner that constitutes a hazard to the holder or other workers,

                               (c)    is or was the holder of documentation referred to in section 32.1(2) and that documentation is suspended or cancelled,

                              (d)    provided false information to a Director of Inspection or an officer, or

                               (e)    has done or has failed to do anything that, in the Director’s opinion, warrants the cancellation or suspension.

(2)  An officer may suspend a mining certificate for a period not exceeding 72 hours if any of the conditions in subsection (1) are met.

(3)  A Director of Inspection may for any reason reassess the competency of the holder of a mining certificate or require any specified training to be undertaken, or both.

(4)  A person who suspends or cancels a mining certificate shall give written reasons for the suspension or cancellation to the worker and the worker’s employer.

(5)  The holder of a mining certificate shall surrender the certificate immediately to an officer on request if it is suspended or cancelled.

AR 182/2013 s22

33   Repealed AR 182/2013 s23.

Provisional certificates

34(1)  A Director of Inspection may grant a provisional certificate to a worker who

                               (a)    applies for a mining certificate under this Part,

                              (b)    is qualified to apply for an examination for that mining certificate, and

                               (c)    satisfies the Director regarding the worker’s knowledge of the Act, the regulations and the relevant portions of the adopted code as they apply to the type of mining certificate applied for.

(2)  A provisional certificate

                               (a)    is valid for a period of not more than 18 months from the date of its issue, and

                              (b)    repealed AR 182/2013 s24,

                               (c)    is valid only at the mine specified on the certificate.

 (3)  A provisional certificate cannot be renewed after the expiry date unless the holder satisfies a Director of Inspection that

                               (a)    the worker is progressing through a course of study to the satisfaction of the Director, or

                              (b)    the worker was unable, because of exceptional circumstances, to be present at the scheduled examination referred to in subsection (1)(b) related to the certification.

AR 62/2003 s34;182/2013

 

Part 4
Records, Fees and Expiry

Employer records of certificates and permits

34.1(1)  An employer shall maintain records of the mining certificates and blasters’ permits and their holders at a work site and have them readily available for inspection by an officer. 

(2)  The record for each mining certificate or blaster’s permit must include its holder’s name and its issuer, number and expiry date.

AR 182/2013 s25

Blasters permit

35   The fee to apply for a blaster’s permit

                               (a)    is $50, or

                              (b)    is $75 if the applicant requests that the application be processed by a Director of Inspection in one work day.

Mining certificates

36(1) and (2)  Repealed AR 182/2013 s26.

(3)  The application fee to sit for or challenge an examination listed in subsection (4) is $50.

(4)  If an examination is required by a Director of Inspection, the following fees to sit and write an examination are payable:

                               (a)    underground coal mine manager’s certificate

                                        (i)    Paper 1 - Legislation                                           $100

                                      (ii)    Paper 2 - Gases, Shot Firing and
Explosives                                                            $150

                                     (iii)    Paper 3 - Ventilation - Theory and
Practice                                                                 $150

                                     (iv)    Paper 4 - Practical                                               $150

                                       (v)    Paper 5 - Machinery                                            $150

                                     (vi)    Paper 6 - Surveying, Levelling and
Geology                                                                 $150

                              (b)    underground coal mine foreman’s certificate

                                        (i)    Paper 1 - Legislation                                           $100

                                      (ii)    Paper 2 - Practical                                               $150

                               (c)    underground coal mine electrical superintendent’s certificate

                                               Paper 1 - Legislation and Practical                   $200

                              (d)    mine blaster’s certificate

                                               Paper 1 - Legislation and Practical                   $100

AR 62/2003 s36;182/2013

37 to 39   Repealed AR 182/2013 s28.

Expiry

40   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on September 30, 2022.

AR 62/2003 s40;35/2013;182/2013