Regulation - LGIC
Mines and Mining Plants Regulatory Amendment Proposal
Regulation Number(s):
854
Instrument Type:
Regulation - LGIC
Bill or Act:
Occupational Health and Safety Act
Summary of Decision:
Amendments to various provisions of Regulation 854 (Mines and Mining Plants) under the Occupational Health and Safety Act (OHSA) have been approved that will:
• Harmonize the definition of "non-destructive test" and related requirements with O. Reg. 213/91 (Construction Projects) to improve the clarity, consistency and transparency of these provisions;
• Revoke several provisions that are redundant or duplicative with other requirements, thereby reducing regulatory burden;
• Update various references to recognized industry standards to keep the regulation up-to-date;
• Amend existing requirements regarding the allowable height of working faces at surface mines and regarding oxygen/acetylene containers, providing workplaces with alternate ways of complying with these requirements, thereby increasing flexibility; and
• Amend miscellaneous requirements to update terminology and/or clarify certain requirements.
The amendments come into effect on July 1, 2019.
• Harmonize the definition of "non-destructive test" and related requirements with O. Reg. 213/91 (Construction Projects) to improve the clarity, consistency and transparency of these provisions;
• Revoke several provisions that are redundant or duplicative with other requirements, thereby reducing regulatory burden;
• Update various references to recognized industry standards to keep the regulation up-to-date;
• Amend existing requirements regarding the allowable height of working faces at surface mines and regarding oxygen/acetylene containers, providing workplaces with alternate ways of complying with these requirements, thereby increasing flexibility; and
• Amend miscellaneous requirements to update terminology and/or clarify certain requirements.
The amendments come into effect on July 1, 2019.
Analysis of Regulatory Impact:
All ministries are subject to requirements set out in the Reducing Regulatory Cost for Business Act, 2017 (RRCBA), which came into force January 1, 2018. As part of its obligations under the RRCBA, the Ministry of Labour conducted a Regulatory Impact Analysis (RIA) of these proposed amendments. A RIA is a process of identifying and assessing the incremental benefits and costs of regulations and non-regulatory alternatives.
The ministry does not anticipate there will any additional costs to businesses as a result of the majority of the proposed amendments. While the proposals relating to nondestructive tests and compressed air breathing systems may result in minimal additional upfront operational costs, it is anticipated that these will be offset by longer term savings over time. In addition, the revocation of various proposals is anticipated to result in savings to the affected workplaces.
The ministry does not anticipate there will any additional costs to businesses as a result of the majority of the proposed amendments. While the proposals relating to nondestructive tests and compressed air breathing systems may result in minimal additional upfront operational costs, it is anticipated that these will be offset by longer term savings over time. In addition, the revocation of various proposals is anticipated to result in savings to the affected workplaces.
Further Information:
Regulation 854 (Mines and Mining Plants)
Consultation Paper
(Download Adobe Reader)
Comparison Chart
(Download Adobe Reader)
O. Reg. 187/19
Proposal Number:
19-MOL002
Posting Date:
February 12, 2019
Summary of Proposal:
The Ministry of Labour is proposing various amendments to Regulation 854 (Mines and Mining Plants) under the Occupational Health and Safety Act (OHSA). The regulation applies to all mines and mining plants and to mining development in Ontario and sets out sector-specific requirements that protect the health and safety of Ontarians who work in these workplaces.
The ministry has prepared a consultation paper for public review and comment which highlights the proposed amendments to Regulation 854, which are intended to:
• Harmonize requirements in Regulation 854 with other regulations under the OHSA, including amending the definition of nondestructive test and related requirements to harmonize with O. Reg. 213/91 (Construction Projects), thereby improving the clarity, consistency and transparency of these provisions;
• Revoke several provisions that are redundant or duplicative with other requirements, thereby reducing regulatory burden;
• Update various references to recognized industry standards to keep the regulation up-to-date;
• Amend existing requirements regarding the allowable height of working faces at surface mines and regarding oxygen/acetylene containers, providing workplaces with alternate ways of complying with these requirements, thereby increasing flexibility for mines and mining plants; and/or
• Amend miscellaneous requirements to update terminology and/or clarify certain requirements.
See attachments below for more information on this proposal.
The ministry has prepared a consultation paper for public review and comment which highlights the proposed amendments to Regulation 854, which are intended to:
• Harmonize requirements in Regulation 854 with other regulations under the OHSA, including amending the definition of nondestructive test and related requirements to harmonize with O. Reg. 213/91 (Construction Projects), thereby improving the clarity, consistency and transparency of these provisions;
• Revoke several provisions that are redundant or duplicative with other requirements, thereby reducing regulatory burden;
• Update various references to recognized industry standards to keep the regulation up-to-date;
• Amend existing requirements regarding the allowable height of working faces at surface mines and regarding oxygen/acetylene containers, providing workplaces with alternate ways of complying with these requirements, thereby increasing flexibility for mines and mining plants; and/or
• Amend miscellaneous requirements to update terminology and/or clarify certain requirements.
See attachments below for more information on this proposal.
Contact Address:
Health and Safety Policy Branch
Ministry of Labour
400 University Avenue, 12th Floor
Toronto, ON M7A 1T7
WebHSPolicy@ontario.ca
Ministry of Labour
400 University Avenue, 12th Floor
Toronto, ON M7A 1T7
WebHSPolicy@ontario.ca
Effective Date:
July 1, 2019
Decision:
Approved