Bill 45 — Third Session, 17Th Legislature, 23 Elizabeth Ii the Legislative Assembly of Alberta Bill 4S the Coal Mines Safety Act Th.E Minister of Mines and Minerals (Legislature 17, Session 3)

L17 S3 5311

Alberta — Bills

1974 Bill 45 Third Session, 17th Legislature, 23 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 4S The Coal Mines Safety Act TH.E MINISTER OF MINES AND MINERALS First Reading .............................. . Second Reading ............................ . Third Reading ............................. . Printed by L. S. WALL, Queen's Printer for the Province of Alberta, EDMONTON

Bill 45 BILL 45 1974 THE COAL MINES SAFETY ACT (Assented to , 1974) HER MAJESTY, by and with the advice and consent of the Legislative Assembly 'Of Alberta, enacts as follows: 1. In this Act, 1. "agent" means a person appointed by the owner of a mine site, mine or coal processing plant to act as a representative of the owner; 2. "assistant manager" means the person who has con trol and daily supervision of a mine or part thereof under the direction of the manager; 3. "blaster" means a person who has charge of explo sives and their use in a surface mine; 4.

"Board" means the Energy Resources Conservation Board under The Energy Resources Conservation Act; 5. "certificate" means a certificate granted under this Act or The Coal Mines Regulation Act entitling the holder to perform the duties of the occupation or office in respect of which the certificate is granted, but does not include a miner's· certificate or miner's permit; - 6. "combined operation" means surface and under ground mining activity at, the same mine site, whether or not the coal is being extracted from one or more connected or unconnected seams; 7.

"detonator" means a device for electrically detonat ing explosives; 8. "discard" means presently unuseable solid or liquid materials removed or rejected during mining or processing operations; 9. "foreman" means a person who, (

i) in an underground mine, aside from such other duties he mig-ht have~

Explanatory Notes 1.

Definitions.

(

A) inspects all roadways, working places and other acces,sible parts of a mine, and (

B) determines that roadways, approaches and working places are safe before a shift is allowed to enter, or (ii) in a surface mine, is next in authority to the manager or assistant manager; 10. "level" means any substantially horizontal excav ation in the ground or in sitrata of an underground mine used or useable for (

i) drainage or ventilation, or (ii) ,the ingress or egress of men or materialS' to or from a mine or part thereof; 11. "manager" means the chief officer having control and daily supervision of a mine or mine site; 12. "material" means (

i) all rock, coal or other minerals taken from or into a mine, and (ii) supplies and equipment moved into or out of a mine; 13. "mine" means any working, other than a drill hole made while exploring for coal, from which coal is or could be extraeted, whether commercially or other wise; 14. "mine entrance" means, a surface entrance to an underground mine; 15. "mine official" means (

i) a manager, or (ii) an assistant manager, or (iii) a senior foreman, or (iv) a foreman, or (

v) in the case of a processing plant operated in connection with the mine site, a plant super visor; 16. "mine site" means a location at which a facility for extracting coal by underground, strip or open pit operations exists or is to be developed, and includes (

i) any coal processing plant, storage facility or discard disposal facility which exists or is to be developed in connection with the mine, and (ii) all connected access, roads.; 17. "mine surveyor" means a person responsible for (

i) surveying the workings of a mine, and 2

(ii) preparing the plans required under this Act or The Coal Conservation Act; 18. "miner" means a person employed in an under ground mine to cut, shear, break or loosen coal or rock; 19. "miner's helper" means a person employed in an underground mine to work under the supervislion of a miner; 20. "open pit mine" means a mine worked by removal of overlying strata and subsequent excavation of exposed coal in terrain that is not flat or substan tially flat; 21. "outlet" means any shaft, slope, incline, decline, adit, tunnel, level or other means of ingres,s. or egress to or from an underground mine; 22. "owner", when used in relation to a mine site, (

i) means the immediate proprietor, lessee or occupier of the mine site or part thereof, and (ii) includes, but not so as to exempt the owner from liability, a contractor engaged by the owner or his agent to operate the mine or any part thereof, but does not include a person who (iii) merely receives a royalty or rent from the mine site pursuant to a lease, grant or licence for the working thereof, or (iv) is merely the owner of the soil and does not hold an interest in the mine or in the coal; 23. "Panel" means the Panel of Examiners appointed by the Board under this Act to examine candidates for certificates; 24. "plan" means (

i) any map, including any profile or section, of a mine or part of a mine, certified by the mine surveyor to be correct, or (ii) a reproduction of Isuch a map; 25. "plant superintendent" means the person appointed by or on behalf of the owner to be in charge of a processing plant; 26. "processing plant" means any installation for im proving the quality of the coal or producing a marketable solid fuel from it and includes any coal storage or handling facility directly connected with the installation; 27. "senior foreman" means a person who, in an under ~round mine, has daily charge of mine workin~s 3

and is next in authority to the manager or assistant manager; 28. "shaft" means any excavation at an angle of 45 degrees or greater with the plane of the horizon and used or useable for (

i) ventilation or drainage, or (ii) the ingress or egres1s of men or materials to or from the mine or a part thereof; 29. "shot-firer" means a person who has charge of ex plosives and their use in an underground mine; 30. ":slope" means, any excavation at an angle of less than 45 degrees with the plane of the horizon and used or useable for (

i) ventilation or drainage, or (ii) the ingress or egress of men or materials to or from the mine or a part thereof, and includes inclines and declines; 31. "small mine" means (

i) a mine which by normal continuous operation produces coal at a rate of less than 100 tons per day, or (

H) any mine designated as a small mine by the Board; 32. "strip mine" means a mine worked by the removal of overlying strata and 'Subsequent excavatdon of exposed coal in flat or substantially flat terrain; 33. "surface mine" means a mine worked by a strip mining, open pit mining or other Isurface method, including auger mining; 34. "underground mine" means a mine other than a surface mine; 35. "wall" means the exposed face of an excavation in a surface mine from ground level to ,the working level; 36. "working face" means any location in a mine at which coal or rock is being cut or otherwise loosened; 37.

"working place" means any part of a mine worked or actively maintained in connection with a mining program, and includes all working faces. 4

PART 1 PURPOSES AND APPLICATION OF THE ACT 2. This Act applies. to every mine site, mine and proces sing plant in Alberta, to the persons· employed thereat, and to all coal produced in Alberta. 3. The purposes of this Ac,t are (a) ,to secure the observance of safe practices in the exploration for, mining, storage, processing and transporting of coal, (

b) to provide for and ensure rthe safety and preserva tion of health of all persons employed at or other wise authorized to enter a mine site and its various connected facilities, (

c) to establish the technical qualifications for certain persons employed in and about mine sites, and (

d) to secure the provislion and use of safe and proper equipment and installations in and about mine sites. I

2. Application of the Act. 3. Purposes of the Act. 5

PART 2 OVERRRIDING PROVISI'ONS 4.

(1) A provision of (

a) this Act, or (

b) a regulation made pursuant to this Act, or (

c) a declaration, order or direction of the Board pur suant to this Act or in any matter over which the Board has jurisdiction, or (

d) an order of 'the Lieutenant Governor in Council under this Act, overrides the terms and condi,tions of any contract or other arrangement which conflicts wi th 'the provisions of this Act or the regulations or of the declaration, order or direction.

(2) No term or condition of a contract or other arrange ment that conflicts with a provision referred to in sub section (1) is enforceable or gives rise Ito any cause of action by any party against any other party to the contract or arrangement. 6

4. Paramountcy over contract provisions. 6

PART 3 POWERS AND DUTIES OF THE BOARD Orders, Directions and Regulations 5.

(1) Except where otherwise provided, the Board has exclusive jurisdiction to examine, inquire into, hear and determine all matters or ques,tions arising under this Act.

(2) The Board, wHh the approval of the Lieutenant Governor in Council, may make such just and reasonable orders or directions as may be necessary to effect the pur poses of this Act but which are not otherwise specifically authorized by this Act. G. The Board shall, when required by the Lieutenant Governor in Council, or may upon its own motion, inquire into, examine and investigate any matter referred to in

section 3 and publish reports, maps, statistical material and other documents, relating to those matters. 7.

(1) The Lieutenant Governor in Council may make regulations 1. prescribing the qualifications and duties of persons appointed to the Panel; 2. prescribing the qualifications for, and procedures to be followed on applications, for, certificates" miner's certificates and miner's permits; 3. prescribing the qualifications and duties of mine officials; 4. prescribing the qualifications and duties of persons employed in ce~tain mining operations; 5. as to safe standards of design, operation and main tenance of hoisting machinery, conveyors, loco motives and vehicles' used for transport of persons and material; 6. as to design, excavation, operation and maintenance of shafts, outlets and transport and travelling roads in or about a mine; 7. as to support of underground working places, road ways, shafts, surface mine walls and transport and tra veIling roads; 8. as to the storage, transport and use of explosives or equivalents, detonators and shot-firing or blasting devices; 1

5. Jurisdiction of the Board. 6. Board inquiries and reports. 7. Regulations. 7

9. as to mine ventilation, maximum concentration and control of dust and noxious gases, prevention of gas and dust ignitions, noise levels, use of measur ing, recording or monitoring devices, lighting, and other matters related to the work environment; 10. prescribing miscellaneous safety provisions with respec't to coal barriers, accumulations of water and gas, use of gas detectors and safety lamps, com bined operations, machinery and installations, act ions of and communications between persons, pre vention of fires and accidents, use of protective clothing, standards and erection of buildings, signs and barricades; 11. requIrIng the establishment of mine rescue stations, rescue training and rescue practices, fire precautions, and provision of first aid or hospital facilities; 12. governing the appointment, qualifications and duties of mine rescue teams; 13. governing the appointment, qualifications, duties and removal of persons appointed to safety com mittees; 14. governing working conditions in mines; 15. as to discard disposal facilities; 16. as to the use of electricity in mines; 17. as to the use of novel equipment, materials and methods; 18. as to small mines; 19. as· to processing plants; 20. prescribing the manner in which an application under this Act or the regulations is to be made; 21. prescribing the information that is to be included in or is to accompany any application under this Act or the regulations; 22. as to the forms to be used, reports to be made and records to be kept; 23. establishing a

schedule of fees (

i) pertaining to applications or proceedings under this Act or the regulations, and (ii) for any other service by ,the Board; 24. generally prescribing measures for safe operation of mines.

(2) Notwithstanding any regulations under subsection (1) ~ clause 21, the Board may act upon an application that 8

does not contain all such information, or may require ad ditional information.

(3) Where no form has been prescribed pursuant ,to sub section (1), clause 22 for use under thi,s Act or the reg ulations, the Board may accept such form or format of sub mission as it considers adequate. Inspections 8.

(1) A member of the Board or a person authorized by the Board (

a) shall have unres,tricted access to mine sites, mines, processing plants and all roads and other works connected with them, (

b) may enter upon any lands that must be crossed to reach a mine site, mine, processing plant or con nected works, (

c) may make inspections, investigations or tests at any mine site, mine, processing plant or connected works and take samples; there, and (

d) may examine and make copies of all books, records and documents pertaining to a mine si,te, mine, processing plant or connected works, when acting in the execution of his duties under this Act.

(2) Where a Board member or a person authorized by the Board considers the circumstances to warrant i,t, he may, upon issuing a receipt therefor, take pos!session of any book, record or document referred to in subsection (1), clause (

d) for a reasonable time.

(3) Every owner, agent and mine official, and every person at a mine site shall afford a Board member or a per son authorized by ,the Board all such reasonable assistance as he may require for the proper exercise of powers confer red by subsection (1). 9.

(1) Where it appears to the Board or a person author ized by the Board that at a mine or processing plant there has occurred or is occurring a contravention of, or failure to comply with, any provision of this Act, the regulations or an order of the Board and that as, a result thereof there is; or may be a danger to persons or property, or that a method or practice employed or any equipment or installation at the mine or processing plant is. improper, hazardous, inadequate or defective, the Board or the person authorized by the Board may (

a) order the withdrawal of persons from the mine or any part thereof or from the processing plant or any part thereof, or (

b) order the closure of ,the mine or any part thereof or of the processing plant or any part thereof, or 9

8. Inspections and investigations. 9. Stop orders. 9

(

c) require that approved methods be adopted or that remedial measures be taken before any operation proceeds, or (

d) take such other action as it considers necessary.

(2) Where a person authorized by the Board exercises any of the powers granted to him by subsection (1) he shall, as soon as practicable, advise the Board and notify the manager or assistant manager in writing setting out the reasons for his action.

(3) Where the Board or a person authorized by the Board has exercised any of the powers granted by sub section (1), the Board on its own initiative may, or at the request of any person directly affected thereby shall, hold an inquiry within 15 days of the action having been taken under subsection (1) or of the request, as the case may be, to investigate the circumstances leading to the action under subsection (1).

(4) After an inquiry under subsection (3), the Board may (

a) vacate the action taken under subsection (1), or (

b) continue the action taken under subsection (1), or (

c) take any ac,tion or make any order not inconsistent with this Act as it considers i,s warranted by the circumstances. Examinations for Certification of Mine Officials 10.

(1) The Board shall appoint a Panel of Examiners of not more than seven members, one of whom it shall desig nate as Chairman.

(2) The Chairman and any three members. shall consti tute a quorum of the Panel.

(3) The appointment of a person to the Panel shall be for such term as the Board may determine lin each case.

(4) The fees and expenses payable to persons serving on the Panel shall be in such amounts as ,the Board may from time to time determine. 11. Subject to the regulations, the Panel shall (

a) conduct annual examinations of candidates seeking certification under this Act, and (

b) recommend to the Board the persons to whom cer tificates in the various catego~ies may be issued. 12.

(1) Subject to subsection (2), upon receiving the recommendations of the Panel the Board may issue cer tificates in accordance with the recommendations. 10

10. Membership of Panel. II. Duties of Panel. 12. Decisions of and appeals to the Board. 10

(2) Notwithstanding any recommendation of the Panel, the Board may refuse to issue a certificate to a person who, in its opinion, is not fit to hold the office or perform the duties which the certificate would entitle him ,to hold or perform, but shall in such a case afford the person whom it has refused certification a hearing at which he can appeal the Board's refusal.

(3) A decision of the Board after a hearing under sub section (2) is final.

(4) The Board shall keep a complete and up to date register of the persons to whom certificates have been granted. Certification of Miners 1.3. No person shall work (

a) as a miner unless he holds a subsisting miner's cer tificate or provisional miner's certificate, or (

b) as a miner's helper unless he holdsl a sUbsisting miner',s permit. 1.4.

(1) In conformity with the regulations. miners' cer tificates shall be issued by a regional committee composed of (

a) the district Board representative, who shall be the chairman of the committee, and (

b) two members, appointed by the Board.

(2) In conformity with the regulations, miners' permits shall be issued by the district Board representative.

(3) A decision by the regional committee respecting the granting of a miner's certificate, or by the district Board representative respecting the granting of a miner's permit, may be appealed to the Board whose disposition of the mat ter is final. 11

13. Prohibition against unauthorized persons. 14. Regional committee. 11

PART 4 GENERAL DUTIES O,F MINE OWNERS 15.

(1) An owner, agent or manager of a mine site or mine shall be responsible for conducting all operations in or about the mine site or mine in accordance wilth this Act, the regulations and any orders or directions, made under this Act or the regulations.

(2) The appointment of an agent, mine official or any contractor does not relieve the owner of any responsibility under subsection (1). 16.

(1) Every owner of a mine site or major part there of shall make such financial and other provisions and take such steps as may be necessary to ensure that the mine sdte and its various component paflts are managed and operated in accordance with the provisions of this Act and the reg ulations and planned, developed, operated and reclaimed to enable the mine site to be so managed and operated.

(2) Immediately upon appoinrtJing a person to be a mine official under this Act, the owner, his agent or manager shall advise t1).e Board in writing of the name, qualifications and address of the person appointed and send a copy of the notification to the Board district office for the area in which the mine site is ·situated.

(3) No owner or agent shall take

part in the technical management of a mine site unless he holds the appropriate certificate. 17. An owner of a mine site shall cause to be kept at an office located at or near the site a complete, up to date register containing the names, qualifications, dates of birth and residence addresses of the mine officials, mine electric ians, moine mechanics, mine surveyors, shot-firers and blast ers appointed by him or on his behalf, and notify the Board in writing of any change in that register within two weeks of the change. 12

15. Responsibility of owners. 16. Nature of responsibility. 17. Maintenance of register. 12

PART 5 MINE OFFICIALS AND CERTAIN OTHER MINE EMPLOYEES 1'8.

(1) The 'Owner 'Or agent shall apP'Oint himself 'Or another person as manager of the mine site and shall not permit a mine to be worked except under the direction of a manager.

(2) No person shall be appointed or act as manager (

a) for an underground mine, unless he holds a sub sisting manager's certificate in underground min ing, or (

b) for a surface mine, unless he holds a subsisting manager's. certificate in surface mining.

(3) Notwithstanding subsection (2), a small mine may, with the Board's approval in writing, be managed by the holder of a lesser certificate.

(4) The manager is responsible f'Or the control, manage ment, direction and operation of all works connected with the mine site. 19.

(1) Where one or more seams are being worked from separate outlets, whether or not there is a common system of ventilation, or where more than one separate underground mine is being worked at a mine site, the owner, agent or manager may, or at the Board's· direction shall, appoint one or more assistant managers· to be in charge of the different workings.

(2) Except where the Board approves. the appointmeIllt of a holder of a foreman's certificate, no person shall be ap pointed an assistant manager under subsection (1) unless he holds a subsisting manager's certificate or as'sistant manager's certificate in underground mining.

(3) An assistant manager shall be under the direction of the manager but, with respect to the workings and operations under his control, has the same responsibilities as the manager. 20.

(1) Where more than one surface mine is being worked at a mine site, the owner, agent 'Or manager may, or at the Board's direction shall, appoint one or more assistant managers to be in eharge of the different workings.

(2) Except where the Board approves the appointment of the holder of a foreman's certificate, no pers'On shall be appointed under subsection (1) or act as an assistant man ager unless he holds a subsisting manager's certif.icate or assistant manager's certificate in surface mining. 13

18. Appointment of mine manager. 19. Appointment of assistant manager for underground mine. 20. Appointment of assistant manager for surface mining. 13

(3) An assistant manager shall be under the direction of the manager but, wi th respect to the workings and operations under his control, has the same responsibilities as the manager. 21.

(1) In a combined operation where the manager (

a) holds a subsisting manager's certincate in under ground and surface mining he may, or at the Board's direction shall, appoint one or more assist ant managers to be in charge of the different work ings, or (

b) holds a subsisting manager's certificate in under ground mining he shall appoint an assistant man ager for the surface workings, or (

c) holds a subsisting manager's certificate in surface mining he shall appoint an assistant manager for the underground workings.

(2) The Board's decision that an operation is a com bined operation is final. 22. Where, with respect to an underground operation, the regulations require that the manager appoint one or more senior foremen for sl,lpervision of a shift being worked, no person shall be appointed a senior foreman unless he holds a subsis,ting manager's, assistant manager's or foreman's certificate in underground mining. 23. Where with respect to an underground operation the regulations require that the manager appoint one or more foremen to (

a) inspect, immediately before each shift commences, all working places and other parts of the mine about to be used or worked with regard to general safety, ventilation, and the conditions of roofs, floors and sides, and (

b) maintain surveillance over safety in the various parts of the mine while they are being worked or used, no person shall be appointed a foreman unless he holds a subsisting manager's, assistant manager's or foreman's certificate in underground mining. 24. Where, with respect to a surface mining operation, the regulations require that the manager appoint one or more foremen for supervision of a shift being worked, no person shall be appointed a foreman unless he holds a sub sisting manager's, assistant manager's or foreman's cer tificate in surface mining. 14

'21. Management of combined mining operations. 22. Appointment of senior foremen. 23. Appointment of foremen for underground mines. 24. Appointment of foremen. 14

(1) Where a proceslsing plant is operated at a mine, the owner, agent or manager may, or at the Board's direc tion shall, appoint a suitably qualified plant superintendent to be in charge of all operations directly connected with the plant.

(2) A plant superintendent may be under the direction of (

a) the manager, or (

b) the owner or agent, but in the latter case the owner or agent shall immediately upon making the appointment advise the Board of the plant superintendent's full name, qualifications and address and send a copy of that notification to the Board's district office. 26.

(1) Where explosives are used, the manager shall appoint (

a) in an underground mine, a sufficient number of shot-firers, and (

b) in a surface mine, a sufficient number of blasters, to be in personal charge of deltona tors and explosives and their use.

(2) No person shall be appointed under subsection (1) until he satisfies the Board that he is qualified in accord ance with the regulations. 27.

(1) The manager shall appoint a mine 'Surveyor to be responsible for making all surveys and plans required under this Act or the regulations.

(2) No person shall be appointed under subsection (1) unless he holds a :subsisting mine surveyor's certificate. 28.

(1) The manager of a mine which has an electrical demand in excess of 500 kilovolt amperes and a general distribution voltage in excess of 230 volts 3 phase 60 hertz shall appoint an electrical superintendent who shall have charge of all electrical machinery in or about the mine.

(2) Except where the Board approves the appointment of a hclder of a foreman electrician's certificate or a mine electrician's certificate, no person shall be appointed under subsection (1) unless he holds a subsisting eleetrical super intendent' s certificate. 29. (1) 'The manager may, or at the direction of the Board shall, appoint a mechanical superintendent who shall have charge of all mechanical machinery in or about the mine. 15

25. Appointment of plant superintendent. 26. Appointment of shot-firers or blasters. 27. Appointment of mine surveyor. 28. Appointment of electrical superintendent. 29. Appointment of mechanical superintendent. 15

(2) Except where the Board approves the appointment of a holder of a foreman mechanic'ls certificate or a mine mechanic's certificate, no person shall be appointed under subsection (1) unless he holds a subsisting mechanical superintendent's certificate. 30. The manager shall, unless exempted therefrom by the Board in writing, establish a rescue organization which 'shall be submitted to the Board for approval and that shall include (

a) a mine rescue station, (

b) a qualified mine rescue training officer, (

c) one or more rescue teams, and (

d) all prescribed equipment for emergency operations. 16

30. Appointment of mine rescue organization. 16

PART 6 PERSONS APPOINTED BY EMPLOYEES 31.

(1) Persons employed at a mine site other than mine officials and the members of a mine rescue organization re ferred to in

section 30 may appoint an inspection committee of three persons whose duty it shall be to inspect the mine with regard to safety.

(2) Any two members of an inspection committee shall constitute a quorum to conduct an inspection under sub section (1).

(3) Compensation of the members of an inspection com mittee .shall be in such amounts and on such terms as may be agreed upon between the owner and the employees en titled to appoint them.

(4) No person shall be appointed to an inspection com mittee serving an underground mine unless he (

a) has had at least five years' experience in under ground mining, and (

b) holds a subsisting miner's certificate.

(5) No person shall be appointed to an inspection com mittee serving a surface mine unless he has had (

a) at least two years' experience in surface mining, and (

b) if the mine is classed as an open pit mine, at least one year's experience in open pit mini:r;tg. 32. Where, at a mine other than a small mine, the em ployees entitled to appoint an inspection committee fail to do so, the Board may, if it considers it appropriate, appoint the committee from a list of eligible persons and make an order respecting the amount and manner of compensation to be paid to them. 33.

(1) The inspection committee, accompanied by a mine official, shall (a) (

b) inspect all working places at least once in every month, and when a serious accident or an emergency condition has occurred, enter the mine as soon as a mine of ficial becomes available to accompany it, examine the place of the accident and, without disturbing what it may find there, seek to establish the cause of the accident. 17

31. Appointment of inspection committee. 32. Board appointment of inspection committee. 33. Investigations by inspection committee. 17

(2) The official who accompanies the dnspection commit tee in accordance with subsection (1) shall hold a subsisting manager's, assistant manager's or foreman's certificate.

(3) After completing an inspection, the committee shall (

a) make and sign a full and accurate report thereof in a book kept for the purpose at the mine, and (

b) send copies of the report to the manager and the Board's district office.

(4) The owner, agent or manager shall afford the com mittee all reasonable assistance for the inspection. 18

PART 1 REGISTERS AND RECORDS 34.

(1) The owner, agent or manager shall (

a) provide books prescribed or approved by the Board for the entry of records and reports required by this Act and the regulations, (

b) ensure that all such records and reports are prop erly entered therein, and (

c) make provis!ion for keeping each of the books or a current copy thereof at the mine office or another place at the mine site in which it can be properly kept.

(2) Every record or report which is required by this Act or the regulations to be kept at the mine site shall be countersigned by the manager within three days. following the date upon which it is made.

(3) A Board member or a person authorized by the Board may at all reasonable times inspect and take extracts or copies from such books. 3!5.

(1) The manager shall keep at the mine office (

a) a complete, up to date register showing the full name, date of birth, residence address, next of kin and date of first employment of each person em ployed at or about the mine site, together with de tails of any certificate, miner's certificate or permit held by him, and (

b) with respect to an underground operation, a daily record of (

i) the times at which each person checked in and out, and (ii) the name of each person remaining in the mine beyond the end of the regular shift or anticip ated time of return, together with an estimate by the person under whose direction those persons remaining work, of the time at which each of those persons is expected to return to the mine office.

(2) Whenever any person, including a mine official, fails to check out within half an hour of (

a) the end of his regular shift, or (

b) the time esti.mated under subsection (1), clause (b), :su bela use (ii), the delay and reason therefor shall be reported to the man ager, assistant manager or foreman and entered in the daily record. 19

34. Maintenance of records. 35. Employee register. 19

3G.

(1) No person under 17 years of age shall be em ployed at a mine site except in the mine office on the sur face.

(2) No owner, agent or manager shall be liable to a penalty for employing a person under 17 year:s of age if (

a) the underaged person was employed upon presen tation of a statutory declaration that he was of the full age of 17 years, and (

b) the owner, agent or manager believed in good faith that the underaged person was of the age repre sented. 20

36. Employment of persons under 17 years of age forbidden. 20

PART 8 MINE SITE BUILDINGS 37.

(1) The owner of a mine site shall provide and suitably equip a sufficient number of building,s. at the :site to afford, in accordance with this Act and the regulations l, (

a) a mine office, (

b) places for the safe storage and distribution of ex plosives and detonators, (

c) in connection with underground mining operations, a lamp house, (

d) facilities for emergency fir,g,t aid and treatment, and (

e) one or more wash houses.

(2) The manager shall appoint a sufficient number of persons to have charge of the buildings required under subsection (1) and to carry out and enforce the relevant provisions of this Act and the regulations.

(3) The Board may vary the requirements of subsections (1) and (2) in the case of ,small mines. 38.

(1) Every processing plant or facility at a mine site shall be kept as free as practicable of dust and cleaned suf ficiently often to prevent it from becoming a health or safety hazard.

(2) The manager may, or at the Board's direction shall, by pos,ted notice ban all smoking in or about buildings at a mine site and impose :such other health and safety rules as he considers necessary if, in his opinion, (

a) air-borne coal dust at a processing plant, storage facility or other building is or appears to him to be of such quantity and quality as to be hazardous, or (

b) flammable gas in the atmosphere in silos or other confined areas used for handling or storage of coal is or may be present in dangerous concentration. 39. No open coal stockpile shall be cons,tructed (

a) in a manner or in a location likely to cause sliding or to generate excessive dust, or (

b) in a manner likely to promote autogenous heating and eventual ignition of the pile. 21

37. Buildings required at mine site. 38. Safety of mine site buildings. 39. Safety at open coal stockpiles. 21

PART 9 GENERAL 40. Where (

a) an owner, agent or manager, or (

b) an inspection committee appointed under

section 31 or 32, disputes a decision, order or direevion of the district Board representative, the Board representative shall immediately refer the matter to the Board which shall decide the matter in dispute as soon as practicable but in any event within 30 days. 41. Pending a decision by the Board under

section 40, and unless otherwise directed by the Board, the decision, order or direction of the district Board representative in the matter or dispute remains in force. Records, Returns and Notices 42.

(1) Each record, book or copy required by this Act or the regulations to be kept shall be retained at the place and by the person specified in the Act or regulations for a period of one year from the time the record, book or copy is made.

(2) Where the use of a report book has been discontinued it shall not be used again for entries under this Act or the regulations. . 43. An owner, agent or manager shall, when required by the Board, provide such information about the operation of the mine site and its various connected works as may be required. 44.

(1) Any notice or document which this Act or the regulations require to be served on or sent to the Board or to a district Board office may be (

a) delivered personally, or (

b) sent by prepaid regisltered letter addressed (

i) if to the Board, to its office in Calgary, or (ii) if to a district Board office, to its address.

(2) Any notice or document which this Act or the regu lations require to be sent by the Board or a district Board office may be (

a) served personally upon the person to whom it is to be ,sent, or 22

40. Appeal from Board representatives. 41. Appeal does not stay order. 42. Maintenance of records. 43. Provision of other information. 44. Service of notices and docwnents. 22

(

b) sent by prepaid registered letter t,o such pers,on at his last kn,own address. Information for Perso·ns 45.

(1) The manager ,shall P,ost and maintain in a c,on spicuous and convenient place at the mine site (

a) a notice showing the names ,of the ,owner, agent and manager, and (

b) the name, address and teleph,one number ,of the district Board representative for the district in which the mine site lies.

(2) The manager shall pr,ovide a place in the mine build ings convenient t,o pers,ons empl,oyed at the mine at which he shall make available t,o such persons (

a) a C,oPy ,of this Act and ,of the regulati,ons, and (

b) copies ,of all orders and rules affecting the mine site made pursuant t,o this Act ,or the regulati,ons.

(3) A n,otice or C,oPy referred t,o in subsecti,on (1) ,or (2) which is defaced, ,obliterated ,or destr,oyed shall be immed ia tely replaced. 46. Each book, return, notice, rep,ort, f,orm ,or copy there,of which this Act ,or the regulati,ons require t,o be kept, P,osted ,or forwarded shall be in a f,orm satisfact,ory t,o or appr,oved by the Board. Evidence 47.

(1) A statement by the Board as t,o whether ,or not the person named therein is the holder ,of a certificate, miner's certificate ,or permit in acc,ordance with this Act, whether at the date ,of the statement ,or at a time specified therein, is admis,sible in evidence as prima facie pr,o,of ,of the facts s.tated therein.

(2) A statement purp,orting t,o be signed by a Board member ,or an agent ,of the Board shall be admitted in evidence without any pr,o,of ,of the apP,ointment ,of the person S,o sagning ,or the authenticity ,of his signature. Accident Reports 48.

(1) Whenever a seri,ous pers,onal InjUry ,or fatal accident ,occurs in ,or about a mine :site, the manager shall (

a) immediately n,otify the B,oard ,or the district Board ,office and the inspecti,on committee by the quickest available means, and (

b) within 24 h,ours, send a n,otice t,o the B,oard and the district Board ,office in the prescribed f,orm. 23

45. Posting of documents. 46. Form of documents. 47. Board statements as evidence. 48. Reporting of accidents. 23

(2) When in or about a mine site a personal injury occurs that is caused by (

a) the breaking of a hoi,s:bing rope, or (

b) an explosion or an explosive, the manager shall, within 24 hours, send to the Board and the district Board office a notice in the prescribed form.

(3) When an inj ury of which notice is required under subsection (1) or (2) results in the death of the injured person, the owner, agent or manager, upon learning of the death, shall immediately notify the Board and the district Board office.

(4) When, at a mine site, (

a) an explosion of gas or coal dust occurs, or (

b) an explosive explodes prematurely, or (

c) a fire occurs, or (

d) any gas ignites, or (

e) an accident occurs that could have injured a person, although no injury in fact resulted, the manager shall immediately notify the Board or the dis trict Board office. 49. Where a fatal injury occurs at a mine site, the place of the accident shall be left in the condition in which it was found at the time of the accident, unles'S leaving it so would tend to increase or continue a danger, or prevent action to save life or relieve human suffering. 50.

(1) If a person who has suffered personal injury in or about a mine site is able to do so he shall, before leaving the mine :site, report the accident to the manager, assistant manager, foreman or other appropriate mine official.

(2) Each accident occurring in or about a mine site sh~ll be fully recorded, in a special book kept at the mine office for that purpose, by the mine official who first learned the details of the accident and shall be countersigned by the manager. Special Powers 51. In the event of an emergency, the Lieutenant Gover nor in Council may suspend particular provisions of this Act in respect of either all mines: or any class of mines, and for such period as he may order. 52. (1) 'The Board, with the approval of the Lieutenant Governor in Council and subject to ensuring the safety of persons in or about a mine site, may: 24

49. Preservation of accident sites. 50. Recording accidents. 5 I. Suspension of provisions of the Act. 24

(

a) if suspension is thought necessary for the conduct of experimental operations llikely to lead to safer, more effective or more economical operations in mines, suspend any provision of this Act or of the regulations for such periods and Isubject to such conditions as it may prescribe; (

b) make regulations to provide for any method of coal mining not contemplated lin this Act or vary the provisions of this Act so far as may be necessary for such a method; (

c) make regulations not inconsistent with this Act in order to ensure that operations. in and about mines are conducive to the greatest possible safety of the mine site and all persons working thereat.

(2) The Lieutenant Governor in Council may authorize payment from the General Revenue Fund of any costs, ex penses and remuneration of and incidental to the imple mentation of the provisions of this Act and the regulations. 53. Any person who knowingly makes a false statement in a report or entry required by this. Act or the regulations is guilty of an offence. 54.

(1) Any person who contravenes. a provision of this Act, the regulations or an order or direction made under this Act or the regulations is guilty of an offence and, unless another penalty is expressly provided by this Act, is liable on

summary conviction (

a) if a corporation, to a fine of not less than $250 nor more than $5,000 for the first day upon which the offence occurs, and of not less than $500 for each subsequent day during which the offence continues, or (

b) if the person is an owner other than a corporation, or is an agent or manager, to a fine of not less than $50 and not more than $500 for the first day upon which the offence occurs, and of not less than $25 nor more than $250 for each subsequent day during which the offence continues, or (

c) if the person is neither a corporation nor an owner, agent or manager, (

i) for a first offence, to a fine not exceeding $50, or (ii) for a second and subsequent offence, to a fine of nO't less than $10 nO'r mO're than $100.

(2) Any persO'n O'ther than a cO'rpO'ratiO'n whO' defaults in payment O'f a fine impO'sed for an O'ffence is liable to a term O'f imprisonment nO't exceeding six mO'nths, 25

53. False reports. 54. General offence. 25

55. Where an owner, agent, manager or any other per son in or about a mine site or mine is guilty of an offence that, in the opinion of the court hearing and determining the complaint, is one that (

a) could rea'sonably be considered as likely (

i) to endanger the safety of persons employed in or about the mine site or mine, or (ii) to cause personal injury to any such person, or (iii) to cause a dangerous accident, and (

b) was committed wilfully by the personal act, default or negligence of the guilty person, that person is liable, if the court considers a pecuniary penalty to be inappropriate, to imprisonment for a period not exceeding six months. 56. No proceedings taken under any other Act in respect of any matter which constitutes a contravention of any pro vision of this Act or the regulations, or of orders or direc tions made under this Act or the regulations" are a bar to a pros,ecution under this Act for such contravention. 57.

A person instituting a prosecution for a contra vention of this Act or the regulations or of an order or direction made under this Act or the regulations shall report the result of the prosecution to the Board within 15 days after the decision of the court is given. 5'8. A prosecution for an offence under this Act or the regulations or an order or direction made under this Act or the regulations may be commenced within 18 months from the time when the matter of such a prosecution arose, but not thereafter. 59.

(1) The words "The Coal Mines Regulation Act" are struck out wherever they appear in the following pro visions and the words "The Coal Mines Safety Act" are substituted therefor: The Clay and Marl Crown Leases Act,

section 5, subsection (2); The Coal Conservation Act,

section 1, subsection (1), clause 10; The Electrical Protection Act,

section 12; The Land Surface Conservation and Reclamation Act,

section 1, clause (j); 26

S5. Imprisonment. 56. Other proceedings not a bar to prosecutions. 57. Report of result of prosecution. 58. Time limit for prosecutions. 59. Consequential amendments. 26

The Land Surveyors Act,

section 53, subsection (2), clause (b); The Mines and Minerals Act,

section 4, subsection (2) and

section 25; The Quarries Regulation Act,

section 2, clause (b), subclause (ii); The Surface Reclamation Act,

section 2, subsection (1), clause (e); The Tradesmen's Qualification Act,

section 5.

(2) The Coal Conservation Act is amended as to

section 1, subsection (1), clause 10 by adding after the words "The Coal Mines Regulation Act" the words "or The Coal Mines Safety Act".

(3) The Alberta Labour Act, 1973 is amended by strik ing out

section 29 and by substituting therefor the following section: 29. Where there is any conflict between the provisions of this Division or of orders of the Board under this Divis ion and any provisions of The Coal Mines Safety Act or the regulations thereunder, the provisions of The Coal Mines Safety Act or the regulations prevail. 60. The Coal Mines Regulation Act is repealed. 61.. This Act comes into force on a date to be fixed by Proclamation. 27

Chapter '52 of the Revised Statutes of Alberta 1970 is re pealed. 27 Title: 1974 (17th, 3rd) Bill 45, The Coal Mines Safety Act

Document details

Collection	Alberta — Bills
Citation	L17 S3 5311
Type	bill
Volume / chapter	L17 S3 5311
Language	en
Format	json
Source	PROVINCIAL
Identifier	196776ff9ac59e3968db93dbe7d1d9e489c137c5

Source file is stored in the law ingest library (json).