67. (1) A blaster must ensure that no charge is fired until sufficient audible and visual warning signals are given to all persons in or near an area where the blast may create a hazard.

(2) At a surface mine or quarry, an employer must ensure that a warning procedure and a warning signal code are posted in a prominent place in the workplace capable of being easily accessed by the employees.

174. In this Part, "working face" means an area in a surface mine where consolidated or unconsolidated material is worked.

[N.S. Reg. 52/2000, s. 89]

175. An employer shall ensure that a surface mine is

(a) marked and identified in an adequate manner; and

(b) securely protected from inadvertent entry by a person where

(i) the surface mine constitutes a hazard by reason of its depth,

(ii) the approaches to or openings of the surface mine are not readily visible, or

(iii) the hazard caused by the surface mine is greater than the hazard caused by natural topographical features within 600 m of the working face.

176. An employer shall ensure that a roadway at a surface mine used for the purpose of moving material to, from, or within a surface mine is designed, constructed and maintained

(a) to minimize hazards caused by slipping or skidding of vehicles;

(b) to enable vehicles to pass each other safely where the vehicles are required to pass each other, and with sufficient width to accommodate the proposed traffic; and

(c) so that grades do not exceed the design capacity of vehicles that are used on the roadway.

177. Where, at the edge of a regularly used roadway in a surface mine, a drop-off greater than 3 m creates a hazard, an employer shall ensure that an adequate shoulder barrier is designed, constructed and maintained to prevent vehicles from inadvertently going off the road.

[N.S. Reg. 52/2000, s. 90]

178. (1) An employer shall ensure that the grade on roadways in a surface mine does not exceed 12% on any 300 m portion of the roadway unless

(a) a written procedure for handling vehicle runaways has been prepared;

(b) where reasonably practicable, runaway lanes, retardation barriers or vehicle modifications are adequately in place; and

(c) the employer ensures that the vehicle manufacturer's specifications are followed.

(2) Where no manufacturer's specifications are available for a vehicle used on a roadway in a surface mine, an employer shall ensure that the grade on roadways in a surface mine does not exceed 12% on a roadway length that exceeds 300 m.

[N.S. Reg. 52/2000, s. 91]

179. An employer must ensure that every person who is a pedestrian at a surface mine in an area of operating mobile equipment wears high-visibility apparel that is in accordance with all of the following:

(a) for the selection, use and care of the apparel, the latest version of CSA standard CSA Z96.1 , "Guideline on selection, use and care of high-visibility safety apparel";

(b) for the design and performance of the apparel, the latest version of CSA standard CSA Z96 , "High-visibility safety apparel".

[N.S. Reg. 52/2000, s. 92; 53/2013, s. 74]

180. Where material excavated from a surface mine is dumped from a vehicle onto a stockpile, an employer shall ensure that adequate precautions are taken to ensure that the vehicle does not overturn.

181. An employer shall ensure that unconsolidated overburden at a surface mine

(a) is moved a sufficient distance away from the edge of the surface mine to prevent the overburden from falling into the surface mine;

(b) if less than 7 m away from the edge of a surface mine that is greater than 1.2 m deep and in which a person is or may be present, is approved by an engineer to ensure that the distance is adequate to prevent the overburden from falling into the surface mine; and

(c) is sloped to its angle of repose.

[N.S. Reg. 52/2000, s. 93]

182. When activities in a surface mine are initially started, or when activities are resumed after a cessation of operation of 4 months or more, an employer shall

(a) notify the Director in writing of the intention to begin or resume operations in the surface mine at least 2 weeks before the operations are to begin or resume;

(b) specify in the written notice to the Director the geographic location of the surface mine; and

(c) state the estimated start-up date and period of operation.

183. (1) No person shall begin work, other than at a stockpile, at or near a working face in a surface mine at the beginning of each operating shift until a competent person inspects the working face to ensure that the working face is adequate.

(2) The competent person referred to in subsection. (1) shall record the results of the inspection required by subsection. (1) in a daily examination and record book and shall record all unusual occurrences or hazards.

(3) The competent person referred to in subsection. (1) shall read the record in the daily examination and record book made for the previous shift and sign it before work at the face begins on the next shift.

(4) An employer shall make available the daily examination and record book referred to in subsections (2) and (3) on request to the committee or the representative, if any.

[N.S. Reg. 52/2000, s. 94; 53/2013, s. 75]

184. (1) Subject to subsection (3), where a wall or working face of a surface mine is greater than 20 m in height, an employer shall ensure that the surface mine is designed, constructed and maintained with the wall or working face benched and having a vertical rise not in excess of 20 m for every horizontal run not less than 8 m.

(2) Where a wall or working face of a surface mine is 20 m in height or less and the wall or working face cannot be excavated in a safe manner, an employer shall ensure that the wall or working face is adequately benched to ensure the work can be performed in a safe manner.

(3) Where a wall or working face of a surface mine is greater than 20 m in height and it is not benched in accordance with subsection. (1), an employer shall ensure that

(a) an engineer has certified the wall or working face height as adequate;

(b) subject to subsection (4), material extracted is removed by means of equipment located at the top of the wall or working face; or

(c) when work is required to be performed within a radius of 1.3 times the height of the wall or working face, a procedure is established to ensure the work is performed safely.

(4) An employer shall ensure that no material is removed in accordance with clause (3)(b) where a person is present in a surface mine in an area where they could be struck by an object dislodged by the equipment.

[N.S. Reg. 52/2000, ss. 95, 96; 53/2013, s. 76]

185. Where unconsolidated material is being worked or removed, an employer shall ensure that the vertical height of the unconsolidated material is not more than 1.5 m above the maximum reach of the equipment being used to work or remove the unconsolidated material, unless the work is done in accordance with written specifications and a written safe work procedure certified by an engineer, following consultation with the committee or representative, if any.

(a) - (b) Repealed. [N.S. Reg. 53/2013, s. 77]

[N.S. Reg. 52/2000, s. 97; 53/2013, s. 77]

186. (1) Where material in a surface mine is being worked by means of powered mobile equipment, an employer shall ensure that the working face is sloped to a maximum grade of one unit of vertical rise for every equal unit of horizontal run during periods of inactivity that exceed a period of 4 months.

(2) Where material in a surface mine is being worked by means of powered mobile equipment, an employer shall ensure that

(a) the working face extends not more than 1.5 m above the maximum reach of the equipment in use; or

(b) the work is performed in accordance with written specifications and a written safe work procedure certified by an engineer, following consultation with the committee or representative, if any.

(i) - (ii) Repealed. [N.S. Reg. 53/2013, s. 78]

[N.S. Reg. 52/2000, s. 98]

187. Where undercutting or undermining is performed at the working face of a surface mine by means of powered mobile equipment, an employer shall ensure that the undercutting or undermining is

(a) restricted to the depth of the bucket of the powered mobile equipment; and

(b) permitted only when

(i) the approach by the operator of the powered mobile equipment is at a 90^o angle to the working face; and

(ii) the work is performed in accordance with specifications and a written safe work procedure certified by a competent person in consultation with the committee, or representative, if any.

[N.S. Reg. 52/2000, s. 99]

188. Where unconsolidated material in a surface mine is being worked by means other than powered mobile equipment, an employer shall ensure that

(a) the working face is sloped at its angle of repose;

(b) the vertical portion of the working face does not exceed a maximum grade of one unit of vertical rise for every equal unit of horizontal run; or

(c) the work is performed in accordance with written specifications and a written safe work procedure certified by an engineer, following consultation with the committee or representative, if any.

(i) - (ii) Repealed. [N.S. Reg. 53/2013, s. 79]

[N.S. Reg. 52/2000, s. 100; 53/2013, s. 79]

189. Where unconsolidated material is being worked at a working face, an employer shall ensure that no person comes closer to the working face than 1.3 times the height of the working face, unless

(a) the working face is sloped at its angle of repose;

(b) the working face is benched to limit the vertical height of the working face to not more than 1.2 m and the grade above the horizontal portion does not exceed one unit of vertical rise for every equal unit of horizontal run; or

(c) the work is performed in accordance with written specifications and a written safe work procedure certified as adequate by an engineer, following consultation with the committee or representative, if any.

(i) - (ii) Repealed. [N.S. Reg. 53/2013, s. 78]

[N.S. Reg. 52/2000, s. 101; 53/2013, s. 80]

21.2 (1) Except as provided in subsections (3) to (5), fall protection is required if a person is at risk of falling from a work area where the fall distance is

(a) 3 m or more above the nearest safe surface or water;

(b) less than 3 m and the work area is above 1 of the following:

(i) a surface or thing that could cause injury to the person on contact that is worse than an injury from landing on a solid, flat surface,

(ii) exposed hazardous material, such as in an open tank, pit or vat.

(2) If fall protection is required, an employer must ensure that at least 1 of the following means of fall protection is used, as appropriate in the circumstances:

(a) a guardrail;

(b) temporary flooring;

(c) a personnel safety net;

(d) a travel restraint system;

(e) a fall-arrest system.

(3) Fall protection is not required for a person who is entering or exiting a work area by a safe means of access and egress.

(4) Fall protection is required only where reasonably practicable and to the extent reasonably practicable in any of the following circumstances:

(a) if work must be performed on or from a vehicle, rail car or other mobile equipment;

(b) if it is not reasonably practicable to perform work other than from a ladder and it is not reasonably practicable for the person performing the work to maintain adequate contact with the ladder while performing the work;

(c) if the density of tree branches prevents an arborist from crotching.

(5) If it is not reasonably practicable to use fall protection in the circumstances described in subsection (4), an employer must ensure that an alternate control measure is used to reduce, to the extent reasonably practicable, the risk of a fall.