O.C. 305/2013

A.R. 182/2013

September 25, 2013


            The Lieutenant Governor in Council makes the Occupational Health and Safety Amendment Regulation, 2013 set out in the attached Appendix.

For Information only

Recommended by:          Minister of Human Services

Authority:                          Occupational Health and Safety Act
                                           (section 40)


 

APPENDIX

Occupational Health
and Safety Act

OCCUPATIONAL HEALTH AND SAFETY
AMENDMENT REGULATION, 2013

1   The Occupational Health and Safety Regulation (AR 62/2003) is amended by this Regulation.

 

2   Section 1 is amended

                              (a)   in clause (d) by striking out “referred to in section 17” and substituting “for non‑mining operations referred to in section 17(1)”;

                             (b)   in clause (i) by adding “, instruments” after “machinery”;

                              (c)   in clause (o) by striking out “Part 2” and substituting “Part 3”;

                             (d)   by adding the following after clause (o):

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

                              (e)   by repealing clause (p);

                              (f)   in clause (q) by striking out “, cristobalite, tridymite and tripoli” and substituting “and cristobalite”;

                             (g)   by adding the following after clause (s):

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

 

3   Section 5 is amended by striking out “restricted area and a blasting area” and substituting “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”.

 

4   Section 6 is amended

                              (a)   by adding the following after clause (e):

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

                             (b)   by repealing clause (h) and substituting the following:

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

 

5   Section 8 is repealed and the following is substituted:

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.

 

6   The following is added after section 11:

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.

 

7   Section 12(2) is amended by adding “, the regulations or the adopted code” after “Act”.

 

8   Section 13 is amended

                              (a)   in subsection (3) by adding “personal” before “protective”;

                             (b)   by adding the following after subsection (3):

(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.

 

9   Section 14 is amended by adding the following after subsection (2):

(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.

 

10   Section 16 is amended by striking out “representative of each of the 4” and substituting “selected from among the”.

 

11   The headings Permits and Certificates and Blaster’s Permitsat the beginning of Part 2 are repealed and the following is substituted:

Non‑mining Blasting Operations
and Blasters’ Permits

Application of Part 2

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

 

12   Sections 18 and 19 are repealed and the following is substituted:

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.

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.

 

13   Section 20 is amended

                              (a)   by adding “or an officer” after “Director of Inspection”;

                             (b)   by striking out “the Director”, wherever it occurs, and substituting “that person”.

 

14   The following is added after section 23:

Part 3
Mining Operations
and Mining Certificates

 

15   Section 24 is amended

                              (a)   by repealing subsections (1) and (2) and substituting the following:

Board of Examiners

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

                             (b)   in subsection (3) by striking out “a term” and substituting “the fixed term”;

                              (c)   by repealing subsection (5) and substituting the following:

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

 

16   Section 25 is repealed and the following is substituted:

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. 

 

17   Sections 26(3)(a) and 27(3)(a) are amended

                              (a)   in subclause (i) by striking out “not less than” and substituting “at least”;

                             (b)   in subclause (iii) by adding “of Inspection” after “Director”.

 

18   Sections 28 and 29 are repealed.

 

19   Section 30(2) to (5) are repealed and the following is substituted:

(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.

 

20   Section 31 is amended

                              (a)   in subsection (2)

                                       (i)   in clause (a)

                                             (A)   by striking out “not less than” and substituting “at least”;

                                             (B)   by adding “at least” after “including”;

                                      (ii)   in clause (b) by adding “and underground rescue procedures” after “procedures”;

                                     (iii)   in clause (c) by striking out “aider certificate from a training agency” and substituting “aid certificate”;

                                     (iv)   by repealing clause (d) and substituting the following:

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

                             (b)   by repealing subsection (3).

 

21   Section 32(2) is amended

                              (a)   by repealing clause (a) and substituting the following:

                                     (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)   in clause (b)

                                       (i)   by striking out “and has” and substituting “, 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”;

                                      (ii)   in subclause (ii) by adding “at least” after “including”;

                              (c)   in clause (c) by striking out “the Board of Examiners” and substituting “a Director of Inspection”.

 

22   The following is added after section 32:

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.

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.

23   Section 33 is repealed.

24   Section 34 is amended

                              (a)   in subsection (1)(c) by striking out “regulations and adopted codes” and substituting “the regulations and the relevant portions of the adopted code”;

                             (b)   in subsection (2) by adding “and” at the end of clause (a) and by repealing clause (b).

25   The heading Feespreceding section 35 is repealed and the following is substituted:

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.

26   Section 36 is amended

                              (a)   by repealing subsections (1) and (2);

                             (b)   in subsection (3) by striking out “this section” and substituting “subsection (4)”;

                              (c)   in subsection (4) by striking out “application is accepted” and substituting “examination is required”.

27   The headings Part 3and Transitional, Coming into Force and Expiryfollowing section 36 are repealed.

28   Sections 37, 38 and 39 are repealed.

29   Section 40 is amended by striking out “September 30, 2013” and substituting “September 30, 2022”.

30   This Regulation, except section 29, comes into force on October 1, 2013.