2007 NAALC - Panel III_MOL1 John Vergunst – Mining Engineer – Ontario Ministry of Labour Golden Giant Mine Headframe in Marathon

2007 NAALC - Panel III_MOL2 This presentation will focus on: Code of Professionalism Policy inspections investigations enforcement AJ inspecting bail for 15-ton bucket. Goldcorp #3 Shaft

2007 NAALC - Panel III_MOL3 The Ontario Ministry of Labour has adopted a Code of Professionalism that sets out principles and standards for dealing with clients. Honesty & Integrity – conduct duties in such a manner to inspire confidence & respect Confidentiality Respect – treat clients courteously & with respect Timeliness – conduct & conclude activities in a timely fashion Knowledge & Competencies – Panel V – Inspector Training Objectivity – Perform all duties impartially Compliance & Risk – Consider public interest & management of risk when planning and undertaking compliance activities.

2007 NAALC - Panel III_MOL4 Requires that on initial (First Ever) contact with a client, an inspector, will: Introduce themselves and the ministry / program they represent Identify the statutory authority for the inspection, investigation or audit; Provide contact numbers Provide general information regarding the inspection, audit or enforcement process;

2007 NAALC - Panel III_MOL5 Inspection – a planned visit to monitor compliance & promotes IRS Consultation – to promote IRS, advise workplace parties of rights and responsibilities, advise on MOL policies & procedures, & discuss requirements of legislation Investigation – a response to an event & takes priority & includes: fatal or critical injuries other injuries & occupational disease work refusals reportable incidents – fires, explosions, flooding, failures of a hoist, rope, shaft conveyance, flammable gas, a major failure or equipment or structure, rockbursts, collisions, run-a-way vehicles, etc

2007 NAALC - Panel III_MOL6 Reports & orders are produced using standardized formats on the inspector’s portable lab top & printer before they leave the workplace update data from the field through internet connections improve efficiency by increasing time in the field.

2007 NAALC - Panel III_MOL7 Field Visit Reports are synchronized into a Provincial data base. Field Reports are sent through an intranet (office) or internet (in field) INB Data Base Synchronization INB MIS Data Base Wide Area Network Inspector Notebooks

2007 NAALC - Panel III_MOL8 Stores province-wide information about employers, workplaces, Ministry field visits, orders, and compliance Used for planning, managing, tracking and measuring Ministry health and safety activities Weekly Reports Activity Reports – used to track time Quarterly Reports – tracks number of visits, events, etc Yearly Reports for DEC – visits by program, events, etc Special or customized reports – most frequent orders, type & number of events, etc

2007 NAALC - Panel III_MOL9 Inspectors are NOT to give notification of an inspection. Inspectors may give notice – where a joint proposal (management & labour) has been agreed to by the Director  common in larger mines  remote sites (i.e. fly-in)  worker or management representative (i.e. ventilation technician) may be underground Helicopter to diamond drill site in Red Lake

2007 NAALC - Panel III_MOL10 Inspectors must record their hand-written notes in police-type notebooks Note taking is a critical core skill Accurate notes provide only facts, explain what has happened or is occurring It is difficult for an inspector to go to court will sloppy notes. If you write things down at the time or while fresh in your memory, you can remember and if necessary, testify effectively.

2007 NAALC - Panel III_MOL11 Inspectors to request accompaniment by management & a worker representative If none are available, talk with workers and ask if they have any health & safety concerns.

2007 NAALC - Panel III_MOL12 Conduct a physical inspection Address any concerns expressed by the workers or their representatives

2007 NAALC - Panel III_MOL13 Normally the inspector will only see CONDITIONS. It is normal for workers to stop working underground while the inspector is at their workplace. IRS: Check workplace inspection forms, pre- operational vehicle checks

2007 NAALC - Panel III_MOL14 Example of Typical Form: 5 Point Safety System and Workplace Audit Form. Some jobs like diamond drilling, raise boring, etc, use a detailed check list

2007 NAALC - Panel III_MOL15 Mobile Equipment Operators must: Be qualified on equipment – check training records Note any deficiencies on equipment test all functions prior to use, brakes, remote controls, etc correct any deficiencies – ask & review with operator the pre-operation checklist

2007 NAALC - Panel III_MOL16 WANT TO SEE THIS FOR REMOTES

2007 NAALC - Panel III_MOL17 Inspector documents: Physical conditions of the workplace Locations visited Persons contacted Concerns discussed Contraventions noted with any immediate hazards addressed immediately – stop work

2007 NAALC - Panel III_MOL18 Before leaving the mine site – the inspector must: Confirm all verbal orders in writing Produce a written report using standardized INB formats on the inspector’s portable lab top The report needs to have the following: company name and address name & address of owner, employer names of persons contacted orders issued Narrative – details areas inspected, observations, concerns addressed, advice, comments (left up to inspector)

2007 NAALC - Panel III_MOL19 Front Page of INB Field Visit Report Showing: information required first order & compliance date

2007 NAALC - Panel III_MOL20 First page of narrative in INB Field Visit Report – 11 pages Showing: purpose of visit persons contacted advice on escapeway & fire procedures

2007 NAALC - Panel III_MOL21 Stop Use – immediate machine or process hazard Stop Work – immediate task hazard Both issued with or without a repeat inspection before work may resume Forthwith – requires compliance measures to begin immediately Time Based – specifies the time required to become compliant Plan Based – requires employer to submit a plan on how compliance will be achieved, by what means and when

2007 NAALC - Panel III_MOL22 POLICY: Where a contravention is found an order will be issued except where an inspector is satisfied that DUE DILIGENCE has been exercised or the contravention merely technical. The ACT requires a defendant to prove that it took every reasonable precaution to avoid committing an offence - thereby proving due diligence. Enforcement is to be progressive (starting with orders) The inspector can issue tickets and / or initiate prosecution.

2007 NAALC - Panel III_MOL23 TICKETS typically used for workers will mobile workplaces, such as diamond drilling, contract crushing, contract blasting, etc. Issued typically to workers and supervisors maximum penalty of $500. PROSECUTION POLICY: The purpose of prosecution is deterrence. Prosecutions are initiated when there have been serious contraventions including gross disregard of legislation Individuals can be charged $25,000 per charge Corporations $500,000 / charge

2007 NAALC - Panel III_MOL24 Mines know that the Ministry will seriously consider prosecution for all fatal and serious injuries. Prosecution is a last resort in fixing an employer’s health and safety The purpose of prosecution is deterrence – both to the offender and potential offenders. Regular inspections, orders, deterrence and promotion of the Internal Responsibility System have all had an effect on reducing injuries in the Ontario Mining Industry.

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