Acts and Regulations

2010-130 - Occupational Health and Safety Act

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NEW BRUNSWICK
REGULATION 2010-130
under the
Occupational Health and Safety Act
(O.C. 2010-449)
Filed August 31, 2010
1Subsection 13(1) of New Brunswick Regulation 96-105 under the Occupational Health and Safety Act is repealed and the following is substituted:
13(1)An employer shall ensure that an employee who works underground is adequately trained in the recognition of unsafe ground conditions and the precautions to be taken concerning unsafe ground conditions and shall keep a record in respect to the training.
2Section 22 of the Regulation is amended by adding after subsection (1) the following:
22(1.1)An employer shall, at least once a year, ensure that a hoist is tested using the alternate source of electrical power referred to in subsection (1) to determine if the alternate source of electrical power is capable of providing sufficient power to operate and maintain services essential to the safe evacuation of the underground mine.
3Section 23 of the Regulation is amended by adding after subsection (2) the following:
23(3)If the level of ambient noise in an area renders the audible warning signal of the system referred to in subsection (1) inaudible, the system shall be equipped with a visual warning signal.
4Subsection 39(1) of the Regulation is repealed and the following is substituted:
39(1)An employer shall ensure that an opening into which a person, equipment or material may fall is adequately barricaded and that signs are posted on the barricade with the wording “Danger - Keep Out - Défense d’entrer” and with any other wording that indicates the specific nature of the hazard.
5Section 46 of the Regulation is amended
(a) by adding after subsection (1) the following:
46(1.1)An employer shall ensure that the plans for the mechanical ventilation system referred to in subsection (1) are approved by a competent person.
(b) by adding after subsection (5) the following:
46(5.1)An employer shall ensure that all of the main mine ventilation fans, both supply and exhaust, that are located on the surface are equipped with an alarm that notifies the control room operators or other appropriate persons that a fan has slowed or stopped.
6The Regulation is amended by adding after section 46 the following:
Certification of ventilation equipment
46.1An employer shall ensure that the ventilation equipment and equipment used to test the air quality of an underground mine are certified by a recognized certifying agency for safety and performance.
7Subsection 51(2) of the Regulation is amended by striking out “concentration” and substituting “concentration at the operator’s position”.
8Paragraph 53(5)(b) of the Regulation is repealed and the following is substituted:
(b) details the method and frequency of measurement of the air contaminants from diesel engines referred to in subsections 51(1) and (2) and, where practicable, the respirable combustible dust concentration from diesel engines,
9The Regulation is amended by adding after section 63 the following:
Testing and calibration of equipment
63.1An employer shall ensure that
(a) before any measurements are taken or tests are performed under this Part, the instruments used to take these measurements or perform these tests have been calibrated and tested in accordance with the manufacturer’s specifications,
(b) the ventilation equipment and equipment used to test the air quality of an underground mine under this Part are calibrated and tested in accordance with the manufacturer’s specifications, and
(c) a person who takes the measurements, performs the tests and calibrates and tests the instruments and equipment under this Part is competent or is supervised by a competent person.
10Section 89 of the Regulation is repealed and the following is substituted:
89An employer shall ensure that the fuel oil used in a diesel engine underground has a closed cup flashpoint of not less than 52 °C.
11The Regulation is amended by adding after section 89 the following:
89.1(1)An employer shall ensure that diesel fuel complies with the applicable standards of the Canadian General Standards Board and that the standards are readily available for use by employees.
89.1(2)Despite subsection (1), if the ambient temperature in the area in which diesel fuel is used, transported or stored exceeds 30 °C, an employer shall ensure that the flashpoint of the diesel fuel is at least 10 °C higher than the ambient temperature.
89.2(1)An employer shall develop a program to monitor and record the flashpoint of diesel fuel and the ambient temperature in the areas in which diesel fuel is used, transported or stored and ensure the program is followed.
89.2(2)An employer shall ensure that a record book of the data referred to in subsection (1) is kept for a period of one year after the last entry in the record book and the record book is made available to an officer on request.
89.3An employer shall ensure that the areas in which diesel fuel is used, transported or stored are protected against unsafe ignition sources and are designed, constructed, maintained and ventilated to prevent the accumulation and ignition of diesel vapors.
12Section 94 of the Regulation is amended
(a) in subsection (1) in the portion preceding paragraph (a) by striking out “twenty” and substituting “fifty”;
(b) by repealing subsection (2) and substituting the following:
94(2)An employer shall ensure that each engine using hydraulic fluid with a tank capacity of less than fifty litres and each piece of mobile equipment containing diesel fuel is equipped and maintained with an adequate fire suppression system.
13Section 136 of the Regulation is amended
(a) by repealing subsection (3) and substituting the following:
136(3)An employer shall ensure that non-sparking tools and materials are used to wash and examine holes and remnants of holes for misfires and bootlegs.
(b) in subsection (4) by striking out “a working face” and substituting “a hole or remnant of a hole for misfires and bootlegs”.
14Section 137 of the Regulation is amended
(a) by adding after subsection (6) the following:
137(6.1)An employer shall ensure that drilling that may advance to breakthrough into an existing working is performed in a safe manner and shall not endanger anyone in or about an underground mine.
(b) by adding after subsection (8) the following:
137(9)An employer shall establish codes of practice for the drilling referred to in subsections (3), (5), (6) and (6.1), ensure that the codes of practice are followed and make copies of the codes of practice available to an officer and the committee on request.
15The Regulation is amended by adding after section 142 the following:
142.1(1)If an underground blasting operation takes place in an area that does not contain sulphides, an employer shall ensure that the blasting operation avoids endangering anyone in or about the underground mine.
142.1(2)An employer shall establish a code of practice for the blasting operation referred to in subsection (1), ensure that the code of practice is followed and make a copy of the code of practice available to an officer and the committee on request.
142.2If an underground blasting operation takes places in an area that contains sulphides or in an area where there is a risk of sulphide dust ignition, an employer shall ensure that the area is blasted from a common electrical source on the surface.
142.3(1)Despite section 142.2, a minor blast to dislodge a single rock or unclog a chute may occur without evacuating the underground mine providing that all employees are located in a safe area and the employer ensures that the blast avoids endangering anyone in or about the mine.
142.3(2)An employer shall establish a code of practice for the blasting operation referred to in subsection (1), ensure that the code of practice is followed and make a copy of the code of practice available to an officer and the committee on request.
16Section 143 of the Regulation is amended by adding after subsection (2) the following:
143(3)An employer shall establish a code of practice for the blasting operation referred to in subsection (1), ensure that the code of practice is followed and make a copy of the code of practice available to an officer and the committee on request.
17The Regulation is amended by adding after section 143 the following:
143.1(1)If a blast could cause the release of gases into areas where employees are working, the person who conducts an underground blasting operation shall, before blasting, cause all entrances to the area and all areas where the health or safety of employees may be endangered by the blasting to be guarded so as to prevent access to the areas during blasting.
143.1(2)An employer shall establish a code of practice for the blasting operation referred to in subsection (1), ensure that the code of practice is followed and make a copy of the code of practice available to an officer and the committee on request.
18The Regulation is amended by adding after section 152 the following:
152.1An employer shall ensure that each end of a blasting cable is protected or, if that is not practicable, the blasting cable is kept at least 2 m away from a source of electrical current.
19Subsection 154(1) of the Regulation is repealed and the following is substituted:
154(1)In this section, “extraneous electricity” means unwanted external energy that creates an electric current greater than 50 mA in an electric blasting circuit and includes stray electrical current, static electricity, radio frequency energy and time-varying electric magnetic fields.
20Paragraph 214(1)(b) of the Regulation is repealed and the following is substituted:
(b) overhead protection that has been designed and certified by an engineer; and
Commencement
21This Regulation comes into force on October 1, 2010.