Regulation - LGIC
Mining Health and Safety Regulatory Amendment Proposal
Regulation Number(s):
Regulation 854
Instrument Type:
Regulation - LGIC
Bill or Act:
Occupational Health and Safety Act
Summary of Decision:
Amendments to the following provisions of Regulation 854 (Mines and Mining Plants) under the Occupational Health and Safety Act (OHSA) have been approved:
• Add, amend and/or clarify requirements related to ventilation, independently powered conveyances, equipment related to mine hoists, explosives security and storage, ladderways on surface, eye wash facilities and emergency showers, and the use of electronic devices to conduct examinations in a raise where drilling and blasting is taking place;
• Implement several recommendations from the Mining Health, Safety and Prevention Review and Coroner's Juries, including those relating to management of change, airborne hazard management, ground control and seismic monitoring, the recording of unremedied dangers by supervisors, visual switch indicators on rail tracks, and dissipating stored energy before work is done on machines, and;
• Continue to modernize regulatory requirements by revoking redundant or duplicative requirements, updating references to industry standards, and amending provisions to update terminology and/or clarify requirements.
Some amendments will come into force July 1, 2023. Other requirements, including those relating to management of change, ventilation, diesel-powered equipment, explosives, seismic risk management and airborne hazard management will come into force on September 1, 2023, to provide stakeholders with additional time to comply with the changes.
• Add, amend and/or clarify requirements related to ventilation, independently powered conveyances, equipment related to mine hoists, explosives security and storage, ladderways on surface, eye wash facilities and emergency showers, and the use of electronic devices to conduct examinations in a raise where drilling and blasting is taking place;
• Implement several recommendations from the Mining Health, Safety and Prevention Review and Coroner's Juries, including those relating to management of change, airborne hazard management, ground control and seismic monitoring, the recording of unremedied dangers by supervisors, visual switch indicators on rail tracks, and dissipating stored energy before work is done on machines, and;
• Continue to modernize regulatory requirements by revoking redundant or duplicative requirements, updating references to industry standards, and amending provisions to update terminology and/or clarify requirements.
Some amendments will come into force July 1, 2023. Other requirements, including those relating to management of change, ventilation, diesel-powered equipment, explosives, seismic risk management and airborne hazard management will come into force on September 1, 2023, to provide stakeholders with additional time to comply with the changes.
Analysis of Regulatory Impact:
All ministries are subject to requirements set out in the Reducing Regulatory Costs for Business Act, 2017 (RRCBA), which came into force January 1, 2018. As part of its obligations under the RRCBA, the Ministry of Labour, Training and Skills Development is conducting a Regulatory Impact Analysis (RIA) of these proposed amendments. A RIA is a process of identifying and assessing the potential benefits and costs of proposed regulations.
It is anticipated that most of the proposed amendments outlined above would not result in any additional costs to workplaces.
There will be some additional administrative costs associated with developing and maintaining programs and procedures relating to management of change, seismic risk, airborne hazards, storage and security of explosives, and vehicles operating on rails. In addition, some mines and mining plants will have minor operational costs relating to the potential purchase of new or modification of existing equipment (such as fuel containers, visual indictors for rail tracks) or certain antidotes, eye wash solutions and other treatments.
However, despite these additional costs, it is estimated that the package would result in average annual cost savings to the Ontario mining sector of over $100,000,000, mainly derived from electricity cost savings related to changes to ventilation requirements.
It is anticipated that most of the proposed amendments outlined above would not result in any additional costs to workplaces.
There will be some additional administrative costs associated with developing and maintaining programs and procedures relating to management of change, seismic risk, airborne hazards, storage and security of explosives, and vehicles operating on rails. In addition, some mines and mining plants will have minor operational costs relating to the potential purchase of new or modification of existing equipment (such as fuel containers, visual indictors for rail tracks) or certain antidotes, eye wash solutions and other treatments.
However, despite these additional costs, it is estimated that the package would result in average annual cost savings to the Ontario mining sector of over $100,000,000, mainly derived from electricity cost savings related to changes to ventilation requirements.
Further Information:
Mining Health and Safety Regulatory Amendment Proposal
Regulation 854
Proposal Number:
21-MLTSD 012
Posting Date:
July 28, 2021
Summary of Proposal:
The proposed changes to Regulation 854 (Mines and Mining Plants) would increase flexibility, better reflect current technology, and reduce regulatory burden, while maintaining or improving worker health and safety. If approved, the proposed amendments would:
• Add, amend and/or clarify requirements related to ventilation, independently powered conveyances, equipment related to mine hoists, explosives security and storage, ladderways on surface, eye wash facilities and emergency showers, and the use of electronic devices to conduct examinations in a raise where drilling and blasting is taking place;
• Implement several recommendations from the Mining Health, Safety and Prevention Review and Coroner's Juries, including those relating to management of change, airborne hazard management, ground control and seismic monitoring, the recording of unremedied dangers by supervisors, visual switch indicators on rail tracks, and dissipating stored energy before work is done on machines, and;
• Continue to modernize regulatory requirements by revoking redundant or duplicative requirements, updating references to industry standards, and amending provisions to update terminology and/or clarify requirements.
• Add, amend and/or clarify requirements related to ventilation, independently powered conveyances, equipment related to mine hoists, explosives security and storage, ladderways on surface, eye wash facilities and emergency showers, and the use of electronic devices to conduct examinations in a raise where drilling and blasting is taking place;
• Implement several recommendations from the Mining Health, Safety and Prevention Review and Coroner's Juries, including those relating to management of change, airborne hazard management, ground control and seismic monitoring, the recording of unremedied dangers by supervisors, visual switch indicators on rail tracks, and dissipating stored energy before work is done on machines, and;
• Continue to modernize regulatory requirements by revoking redundant or duplicative requirements, updating references to industry standards, and amending provisions to update terminology and/or clarify requirements.
Contact Address:
Ministry of Labour, Training and Skills Development
Health, Safety and Insurance Policy Branch
400 University Avenue, 14th Floor
Toronto ON M7A 1T7
Health, Safety and Insurance Policy Branch
400 University Avenue, 14th Floor
Toronto ON M7A 1T7
Effective Date:
September 1, 2023
Decision:
Approved