43(1)Where mobile equipment is used underground to load unconsolidated material, an employer shall, in order to ensure the safety of the operator and employees in the area, ensure that the material is kept at a suitable angle and that no working face of the material has a vertical height greater than 1.5 m above the reach of the equipment being used.

43(2)An employer is not required to comply with subsection (1) if there are no employees in the area and the mobile equipment is operated by remote control with the operator in a safe place.