OCCUPATIONAL HEALTH AND SAFETY ACT
R.S.N.L. 1990, c. O-3

Section 2 Definitions

2. In this Act

(a) "assistant deputy minister" means an assistant deputy minister appointed under section 9 of the Executive Council Act for the proper conduct of this Act;

(b) "board" means the Labour Relations Board referred to in the Labour Relations Act;

(c) "committee" means an occupational health and safety committee referred to in this Act;

(d) "council" means the Occupational Health and Safety Council referred to in this Act;

(e) "division" means the Occupational Health and Safety Division;

(f) "employer" means a person who employs 1 or more workers;

(g) "minister" means the minister appointed under the Executive Council Act to administer this Act;

(h) "occupation" means employment prescribed by the regulations as an occupation;

(i) "officer" means an occupational health and safety officer appointed under this Act and includes a medical practitioner providing services under section 20 while he or she is providing those services;

(j) "principal contractor" means the person primarily responsible for the carrying out of a project and includes the person who owns the thing in respect of which the project is being carried out;

(k) "self-employed person" means a person who is engaged in an occupation on his or her own behalf;

(k.1) "supervisor" means a person authorized or designated by an employer to exercise direction and control over workers of the employer;

(l) "supplier" means a person who rents or leases tools, appliances or equipment to be used by a worker;

(m) "worker" means a person engaged in an occupation; and

(n) "workplace" means a place where a worker or self-employed person is engaged in an occupation and includes a vehicle or mobile equipment used by a worker in an occupation.

[S.N.L. 1999, c. 28, s. 1; 2006, c. 16, s. 1; 2009, c. 19, s. 1]

Section 5 Specific duties of employers

5. Without limiting the generality of section 4, an employer

(a) shall, where it is reasonably practicable, provide and maintain a workplace and the necessary equipment, systems and tools that are safe and without risk to the health of his or her workers;

(b) shall, where it is reasonably practicable, provide the information, instruction, training and supervision and facilities that are necessary to ensure the health, safety and welfare of his or her workers;

(c) shall ensure that his or her workers, and particularly his or her supervisors, are made familiar with health or safety hazards that may be met by them in the workplace;

(d) shall, where it is reasonably practicable, conduct his or her undertaking so that persons not in his or her employ are not exposed to health or safety hazards as a result of the undertaking;

(e) shall ensure that his or her workers are given operating instruction in the use of devices and equipment provided for their protection;

(f) shall consult and co-operate with the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate, where the employer is not the workplace health and safety designate, on all matters respecting occupational health and safety at the workplace;

(f.1) shall respond in writing within 30 days to a recommendation of

(i) the occupational health and safety committee at the workplace,

(ii) the worker health and safety representative at the workplace, or

(iii) where the employer is not the workplace health and safety designate, the workplace health and safety designate at the workplace

indicating that the recommendation has been accepted or that it has been rejected, with a reason for the rejection;

(f.2) shall provide periodic written updates to

(i) the occupational health and safety committee at the workplace,

(ii) the worker health and safety representative at the workplace, or

(iii) where the employer is not the workplace health and safety designate, the workplace health and safety designate at the workplace

on the implementation of a recommendation accepted by the employer until the implementation is complete;

(f.3) shall consult with

(i) the occupational health and safety committee at the workplace,

(ii) the worker health and safety representative at the workplace, or

(iii) where the employer is not the workplace health and safety designate, the workplace health and safety designate at the workplace

about the scheduling of workplace inspections that are required by the regulations, and ensure that the committee, the worker health and safety representative or the workplace health and safety designate participates in the inspection; and

(g) shall co-operate with a person exercising a duty imposed by this Act or regulations.

[S.N.L. 1999, c. 28, s. 2; 2001, c. 10, s. 25; 2004, c. 52, s. 1]

Section 5.1 Supervisors' general duty

5.1 A supervisor shall ensure, where it is reasonably practicable, the health, safety and welfare of all workers under his or her supervision.

[S.N.L. 2009, c. 19, s. 2]

Section 5.2 Specific duties of supervisors

5.2 A supervisor shall

(a) advise workers under his or her supervision of the health or safety hazards that may be met by them in the workplace;

(b) provide proper written or oral instructions regarding precautions to be taken for the protection of all workers under his or her supervision; and

(c) ensure that a worker under his or her supervision uses or wears protective equipment, devices or other apparel that this Act, the regulations or the worker's employer requires to be used or worn.

[S.N.L. 2009, c. 19, s. 2]

Section 6 Workers' general duty

6. A worker, while at work, shall take reasonable care to protect his or her own health and safety and that of workers and other persons at or near the workplace.

Section 7 Specific duties of workers

7. A worker

(a) shall co-operate with his or her employer and with other workers in the workplace to protect

(i) his or her own health and safety,

(ii) the health and safety of other workers engaged in the work of the employer,

(iii) the health and safety of other workers or persons not engaged in the work of the employer but present at or near the workplace;

(a.1) shall use devices and equipment provided for his or her protection in accordance with the instructions for use and training provided with respect to the devices and equipment;

(b) shall consult and co-operate with the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate at the workplace; and

(c) shall co-operate with a person exercising a duty imposed by this Act or regulations.

[S.N.L. 1999, c. 28, s. 3; 2001, c. 10, s. 26; 2004, c. 52, s. 2]

Section 8 Imminent danger

8. A worker shall not

(a) carry out work where there exists an imminent danger to his or her or another worker's health or safety or the health or safety of another person; or

(b) operate a tool, appliance or equipment that will create an imminent danger to his or her or another worker's health or safety or the health or safety of another person.

Occupational Health and Safety Regulations, 2012
N.L.R. 5/12

Part III GENERAL DUTIES

Section 14 General duties of employers

14. (1) An employer shall ensure, so far as is reasonably practicable, that all buildings, structures, whether permanent or temporary, excavation, machinery, workstations, places of employment and equipment are capable of withstanding the stresses likely to be imposed upon them and of safely performing the functions for which they are used or intended.

(2) An employer shall ensure that necessary protective clothing and devices are used for the health and safety of the employer’s workers.

(3) The employer shall ensure that safe work procedures are followed at all workplaces.

(4) An employer shall ensure, so far as is reasonably practicable, that work procedures promote the safe interaction of workers and their work environment to minimize the potential for injury.

[N.L.R. 43/22, s. 3]

Section 17 General duties of workers

17. (1) A worker shall make proper use of all necessary safeguards, protective clothing, safety devices, lifting devices or aids, and appliances

(a) designated and provided for the worker’s protection by the employer; or

(b) required under these regulations to be used or worn by a worker.

(2) A worker shall follow the safe work procedure in which the worker has been instructed.

(3) A worker shall immediately report a hazardous work condition that may come to the worker’s attention to the employer or supervisor.

[N.L.R. 43/22, s. 4]

Section 18 Safety inspections

18. (1) Regular inspections of all buildings, excavations, structures, machinery, equipment, work practices and places of employment shall be made by the employer or the employer’s representative at intervals to ensure that safe working conditions are maintained and that unsafe conditions found as a result of the inspection are remedied without delay.

(2) Where an unsafe condition is discovered by a person, it shall be reported as soon as practicable to a supervisor who shall ensure that appropriate action is taken, without delay, to prevent a worker from being injured.

(3) Where emergency action is required to correct a condition that constitutes an immediate threat to workers, only those qualified and properly instructed workers necessary to correct the unsafe condition shall be exposed to the hazard and every possible effort shall be made to control the hazard while the corrective action is taking place.

[N.L.R. 43/22, s. 5]

Section 19 Co-ordination of work

19. (1) An owner shall ensure that all workers and other persons at the workplace are informed of

(a) the hazards of an owner's operations or site conditions; and

(b) the health and safety activities to be used to address the hazards.

(2) A principal contractor shall ensure work schedules and tasks are organized to provide safe working conditions for workers.

Section 20 Two or more employers

20. Where a construction project involves the work of 2 or more employers or their workers,

(a) the principal contractor shall ensure compliance with the regulations where conditions or activities affect the workers of more than one employer; and

(b) each employer shall notify the principal contractor in advance of an undertaking likely to create a hazard for a worker of another employer.

Section 21 Appointment of qualified co-ordinator

21. Where, at a work location, the overlapping or adjoining work activities of 2 or more employers create a hazard to workers and the combined work force at the workplace is more than 5 persons, the principal contractor shall

(a) ensure that an individual is designated at the work location to coordinate communication for the purpose of ensuring health and safety on the worksite; and

(b) where the principal contractor is not at the work location the principal contractor shall designate a person to assume the duty.

Part V GENERAL HEALTH AND SAFETY REQUIREMENTS

Section 38 Emergency plan risk assessment

38. (1) An employer shall conduct a risk assessment in a workplace in which a need to rescue or evacuate workers may arise.

(2) Where the risk assessment required by subsection (1) shows a need for evacuation or rescue, appropriate written procedures shall be developed and implemented and a worker assigned to coordinate their implementation.

(3) Written rescue and evacuation procedures are required for but not limited to

(a) work at high angles;

(b) work in confined spaces or where there is a risk of entrapment;

(c) work with hazardous substances;

(d) underground work;

(e) work in close proximity to power lines;

(f) work on or over water; and

(g) workplaces where there are persons who require physical assistance to be moved.

(4) Where a workplace is a low risk workplace in the opinion of an employer, the employer shall post information about escape routes and conduct emergency drills the employer considers appropriate.

[N.L.R. 43/22, s. 10]

Part VIII MACHINERY AND EQUIPMENT

Section 112 Drilling equipment - general requirements

112. An employer shall ensure that before drilling

(a) the back, face and sides of the work area have been scaled and stabilized;

(b) the working face and surrounding area have been thoroughly washed; and

(c) remnants of holes have been inspected for explosives and distinctively marked.

Section 113 Drilling equipment use

113. (1) An employer shall ensure that

(a) a rock drill is not used unless equipped with a water jet or other device capable of suppressing rock dust; and

(b) adequate restraining devices are installed on hose connections under pressure, where inadvertent disconnection could endanger workers.

(2) Operating controls shall not be installed on the feed side of a top-hammer percussion drill.

Section 115 Rod handling

115. (1) A drill operator shall not manually add or remove drill steel, a drill bit or service drilling equipment while the drill is rotating under power.

(2) A worker assisting the drill operator with drill bit or drill steel handling shall remain clear of rotating parts of the drill system.

(3) Except as provided in subsection (4), a boom-mounted percussion drill being used with multiple lengths of coupled drill steel shall have a rod changer or other effective device installed and used to add or remove drill steel.

(4) Where it is not practicable to fit a rod changer to a boom-mounted percussion drill, adequate written safe work procedures for adding and removing drill steel shall be available and the drill shall be operated in accordance with those procedures.

Section 116 Self-propelled drills

116. (1) An operator or other worker may only ride on a self-propelled drill where the operator or other worker is in a safe position inside a roll over protective structure.

(2) Where there is no roll over protective structure, the drill shall have controls for machine travel located to allow the operator to move the machine from a position off the machine and clear of hazard should the drill roll or slide downhill.

[N.L.R. 43/22, s. 19]

Part XVIII EXCAVATION, UNDERGROUND WORK AND ROCK CRUSHING

Section 413 Air quality

413. (1) An employer shall ensure that

(a) the respirable air in all underground workings is free from hazardous amounts of dusts, vapours and gases, and does not contain less than 20% oxygen; and

(b) appropriate tests for harmful vapour, gases, fumes, mists, dusts or explosive substances and oxygen deficiency are made and recorded

(i) before entry,

(ii) after an interruption in the work procedures, and

(iii) at appropriate intervals.

(2) An employer who employs workers at a mine or quarry where silica is mined or quarried, or where it is present, shall comply with the Silica Code of Practice.

(3) The tests required under paragraph (1)(b) shall be performed by a person who has appropriate training in the proper use of testing and monitoring equipment.

(4) A worker employed in surface rock-excavating workings shall be protected from harmful dust concentrations by

(a) the use of suppression;

(b) dust removal by mechanical means; or

(c) another acceptable engineering control.

(5) Where a worker is exposed to dusting resulting from loading, transporting or conveying rock at surface operations, the dust shall be reduced to non-harmful concentrations by the application of water or by other effective methods.

(6) An employer shall ensure that dust caused by drilling or handling rock at underground rock-excavating workings is effectively suppressed by a means acceptable to the division.

(7) A rock drill, that is, a machine or device for drilling a hole in rock for the purpose of blasting, usually powered by compressed air but in which electricity or steam may be used, shall be equipped with a water jet, spray or other device acceptable to the minister to effectively suppress drilling dust.

(8) Subsection (7) does not apply to hand-drilling procedures.

(9) A water spray shall be used in every development heading unless written permission has been received from the assistant deputy minister to work the heading without a water spray.

(10) Effective dust-control measures shall be employed during the handling and loading of broken rock.

(11) Mechanical ventilation shall be provided to produce a minimum air volume of 15.24 cubic metres a minute a square metre of working face in the work area.

Part XIX GENERAL BLASTING

Section 417 Definitions

417. In this Part

(a) "blaster" means a person who holds a valid blaster's certificate granted by the province;

(b) "blasting activity" includes storing, handling, transporting, preparing and using explosives, and drilling conducted at a blasting area or in relation to the use of explosives;

(c) "blasting area" means the zone extending at least 50 metres in all directions from the place in which explosives are prepared, handled or loaded for firing, or in which misfired explosives exist or are believed to exist and from which hazards shall be excluded to avoid an accidental explosion;

(d) "blasting machine" means an electrical or electro-mechanical device which provides electrical energy for the purpose of energizing electric detonators and electrical circuits for continuity, resistance, stray currents and other pertinent measurements;

(e) "blasting switch" means a device used to permit the firing of electric blasting circuits from power lines and constructed so that the door may be closed and locked with the switch in the "OFF" position;

(f) "danger area" means the zone in which there exists a possibility of hazard to person or property from fly rock, fume, air blast or ground vibrations;

(g) "day box" means a portable unit used for keeping explosives in during the day and which meets the requirements of "Storage Standards for Industrial Explosives" published by the Explosives Division of Natural Resources Canada;

(h) "detonator" includes electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses, detonating cord, delay connectors and non-electric instantaneous and delay blasting caps which use detonating cord, shock tube, gas tube and another replacement for electric leg wires and another similar device;

(i) "explosive" means a substance, including a detonator or primed explosive, that is manufactured or used to produce an explosion by detonation or deflagration and that is regulated by the Explosives Act (Canada), but does not include ammunition for weapons or fireworks;

(j) "extraneous electricity" means unwanted electrical energy greater than 50 milliamps that is present at the blasting area that could enter an electric blasting circuit including stray current, static electricity, radio frequency energy and time-varying electric and magnetic fields;

(k) "magazine" means a fixed unit used for the unattended storage of explosives overnight and which meets the requirements of the "Storage Standards for Industrial Explosives" published by the Explosives Division of Natural Resources Canada;

(l) "misfired hole" means a charge of explosives in a hole or part of a hole which has failed to fire as planned and "misfire" has a corresponding meaning;

(m) "prime charge" means to position a detonator for use in firing an explosive charge;

(n) "primed explosive" means an explosive containing a detonator; and

(o) "stemming" means clean, crushed angular shaped stone, 12.5% of the borehole diameter in size, which provides confinement for explosive energy.

Section 418 Employer's responsibility

418. Nothing in this Part relieves an employer of the responsibility

(a) to provide adequate direction and instruction of workers and to assign work only to those workers who are qualified;

(b) to ensure that measurement of air volume is taken at the end of the ventilation duct near the working face underground and that records are maintained of all air-volume measurements; and

(c) to ensure that a worker does not return to the scene of a blasting operation until the air contaminants have been reduced to concentrations below their respective threshold limit values and the concentration of oxygen is at a respirable level.

Section 419 Role of certified blaster

419. (1) Blasting shall be performed under the direct supervision of a blaster who is present at the project and who holds a valid blaster's certificate which authorizes the performance of the particular type of work that the blaster is to conduct or supervise.

(2) Direct supervision under subsection (1) includes a requirement that the blaster have a direct line of sight of the work area.

(3) The site supervisor shall consult with a blaster so that both are aware of all work being conducted in a blasting area and no work shall be conducted in a manner which creates risk of an accidental explosion.

(4) Where more than one blaster is involved in a blasting operation, an employer shall

(a) before the commencement of the blasting operation, designate one blaster who shall have principal responsibility for the blast;

(b) ensure that all persons in the blasting area are advised of the identity of the principal blaster; and

(c) ensure that all blasters and supervisors performing or directing the work in a blasting area consult sufficiently to coordinate the safety of the activity.

(5) A person, other than a blaster, shall not

(a) prime a charge;

(b) make a connection which leads or which may lead from the explosive charge to a blasting machine, a blasting switch, safety fuse or a shock tube initiating system including a NONEL;

(c) connect a delay or sequencing device or program the delay or sequence for the blast; or

(d) fire an explosive charge.

(6) An explosive charge shall not be fired until the blaster or principal blaster, where one is designated, has ensured that the placement of the charge and all other features of the blasting activity are adequate to ensure the safety of persons at or near the workplace.

Section 420 Security and report requirements

420. (1) Only a person authorized by the employer shall have access to the explosives.

(2) When explosive materials or initiating systems are brought to the blast site, the employer and a blaster shall

(a) ensure that the blast site is attended and barricaded; and

(b) post warning signs stating "Danger", "Explosives" or "Keep Out" or flag the blast site against unauthorized entry.

(3) A theft or attempted theft of explosives shall be reported by the employer to the minister immediately upon becoming aware of the theft.

(4) An employer shall immediately notify and send written notice within 24 hours to the minister when a blasting accident occurs in which a personal injury is sustained or where there is an unusual occurrence in which explosives are involved, whether or not personal injury is sustained, together with the blaster's certificate of the blaster involved.

(5) A report referred to in subsection (4) shall contain

(a) the names and certificate numbers of all blasters involved;

(b) the names and occupations of injured workers;

(c) the type of explosives, detonators and blasting machines used;

(d) a factual account of the events relating to the accident;

(e) date, time and location of the accident; and

(f) the action taken by the employer.

(6) The minister shall determine from the circumstances of the incident what action shall be taken, including whether the blaster's certificate required under subsection (4) may be returned to the blaster.

Section 421 Examination

421. A thorough examination shall be made after charges have been fired and before drilling recommences to ascertain that no unexploded charges remain.

Section 422 Records

422. (1) A field journal or equivalent record shall be provided at the blasting site and the blaster in charge shall record the results of the blaster’s examination on it.

(2) An employer shall ensure that a blaster keeps an updated field journal or equivalent record.

(3) A blaster shall keep blasting records for 5 years following a blast, and shall keep the records available for inspection by an officer or employer at all reasonable times.

(4) An employer shall ensure that the employee in charge of explosive magazines maintains an inventory record, available to an officer, that records, for each magazine, the amount of detonators and other explosives stored in the magazine for at least the 3 previous years and a copy of the inventory record shall be kept at a place other than in the magazine.

(5) The inventory record referred to in subsection (4) shall include the following information:

(a) for the detonators, the period, leg wire length and series; and

(b) for other explosives, the type of explosives.

[N.L.R. 43/22, s. 32]

Section 423 Suspension or seizure of certificate

423. (1) Where the holder of a blaster's certificate has failed to comply with

(a) a blasting requirement of these regulations;

(b) the manufacturer's recommendations; or

(c) recognized safe blasting practices,

the employer shall immediately investigate the incident and may suspend the blaster from performing the duties of a blaster.

(2) The employer shall submit a report of the investigation carried out under subsection (1) to the minister.

(3) The minister may seize a blaster's certificate where the minister has reason to believe that the safety of a person has been or may be endangered by the blaster and the seizure of the certificate shall continue until the minister determines the action to be taken.

[N.L.R. 43/22, s. 33]

Section 424 Custody of certificates

424. A blaster shall

(a) retain the blaster's certificate and keep it in a safe place at the workplace while carrying out the blaster's duties; and

(b) upon the request of an officer, produce the blaster's certificate.

[N.L.R. 43/22, s. 34]

Section 425 Day box or magazine

425. (1) A day box or magazine shall be licensed according to applicable legislation.

(2) A day box shall have "Explosives" marked conspicuously on it where required by an officer.

(3) The ground within at least 10 metres of a magazine or day box shall be kept clear of long grass, brush and other readily combustible or flammable materials.

(4) A magazine or unattended day box containing a detonator shall not be placed within 50 metres of a magazine or day box containing another explosive except where an officer authorizes a lesser distance.

(5) A detonator shall not be placed in

(a) a magazine or day box with other types of explosives; or

(b) a compartment of a vehicle with another explosive unless they are separated by use of a day box and unless there is compliance with all applicable legislation respecting the transportation of explosives.

(6) An explosive shall be attended at all times by a person authorized by the employer unless it is placed in a locked day box or locked magazine.

Section 426 Prohibitions

426. (1) A person shall not smoke, and an open flame or article liable to spontaneously ignite or likely to cause an explosion or fire is not permitted within 10 metres of an explosive, magazine, day box or blasting area.

(2) Tools or other implements used to open containers of explosives shall be made of non-sparking material.

(3) A person shall not prime a charge in an area where explosives are stored.

(4) A person shall not carry an explosive in the person’s clothing.

[N.L.R. 43/22, s. 35]

Section 427 Storage and handling

427. (1) The handling and transport of explosives shall be conducted in accordance with the applicable provisions of the Explosives Act (Canada), the Fire Prevention Act, 1991 and the Dangerous Goods Transportation Act and regulations under those Acts.

(2) Explosives shall be stored, handled and used in the manner recommended by the manufacturer.

Section 428 Transportation

428. (1) A passenger, other than a person assigned to assist in handling explosives, shall not be permitted in a vehicle which is transporting explosives.

(2) A vehicle used to transport explosives shall

(a) be in sound mechanical condition;

(b) be suitable for and capable of safely transporting explosives;

(c) be appropriately placarded; and

(d) transport explosives only in containers that are lined with non-sparking material and that are secured against inadvertent movement.

(3) Reasonable quantities of flammable or combustible materials may be carried by a conveyance transporting explosives provided that those materials are contained in a manner which does not cause or transmit fire in an explosion and are adequately separated from explosives containers on the conveyance.

(4) Where equipment, including a drilling rig, is located in a blasting area, sufficient precautions, including ensuring adequate traction and stability, shall be taken to prevent toppling, sliding, or other unplanned movement of the equipment.

Section 429 Drilling

429. (1) A drill hole shall be of a sufficient size to admit the free insertion of explosives to the bottom of the hole without ramming, pounding or undue pressure.

(2) Drilling shall not be done in a previously blasted area until the surface to be drilled is carefully examined for remnants of explosives or holes containing explosive materials.

(3) Where a remnant or a hole containing explosives is found, this explosive shall be dealt with as a misfire before drilling commences.

(4) Drilling shall not be done closer to a part of a hole containing an explosive than the distance equal to half the total depth of the hole being drilled and in no instance closer than 6 metres from a part of a hole containing an explosive.

(5) Notwithstanding subsection (4), where

(a) a blaster determines that a particular misfire cannot be more safely treated by another means and it is necessary to drill an adjacent hole in a manner inconsistent with subsection (4);

(b) the nature of the ground being drilled makes it necessary to load a hole immediately after it is drilled and to subsequently drill an adjacent hole in a manner inconsistent with subsection (4);

(c) a loaded hole caves in and a blaster determines that the unexploded hole cannot be reprimed or otherwise more safely treated, and it is necessary to drill an adjacent hole in a manner inconsistent with subsection (4); or

(d) it is necessary to use a drill to remove obstacles from a previously drilled hole which does not contain explosives and to do so would be inconsistent with subsection (4)

a written safe work procedure, developed in consultation with a blaster, shall be followed where the employer has notified the minister in writing that the safe work procedure is being implemented, including the reason for its implementation.

(6) The safe work procedure referred to in subsection (5) shall be authorized in writing by the minister before the commencement of the work.

(7) Where a safe work procedure referred to in subsection (5) is implemented, the details of the procedure and the reasons for its implementation shall be communicated to persons remaining in the blasting area who shall adhere strictly to its terms.

Section 430 Handling in special circumstances

430. (1) Explosives affected by cold temperatures shall only be used as recommended by the manufacturer.

(2) Waste and deteriorated, damaged or time-expired explosives shall be destroyed promptly by

(a) a blaster;

(b) a representative of the explosive manufacturer; or

(c) a qualified member of the Royal Canadian Mounted Police, the Department of National Defence, the Explosives Division of Natural Resources Canada or the Royal Newfoundland Constabulary using methods approved by the manufacturer.

Section 431 Preparing the blast loading

431. (1) A detonator shall be kept and handled separately from other types of explosives until the last practicable moment when the blaster primes the charge.

(2) A hole shall not be loaded with an explosive before it is necessary before firing.

(3) A nitroglycerine-based product shall not be unwrapped.

(4) A non nitroglycerine-based product shall remain in its original wrapping until the last practicable moment before use.

(5) An electric detonator shall be kept shunted or short circuited until it is used, except during the testing of the detonator.

(6) An employer shall ensure that tamping rods and other similar devices are made of wood or other non-sparking materials.

(7) Primed explosives shall not be slit or tamped.

(8) Undue pressure or pounding shall not occur during tamping.

(9) Where pneumatic loading of ammonium nitrate and fuel oil occurs, only a semi-conductive hose shall be used and the loader shall be effectively grounded and the bottom priming of drill holes shall be done with non-electrical initiation.

(10) A blaster, using a blasting meter, shall personally test the continuity of a loaded hole containing an electric detonator before the hole is stemmed with a suitable material.

(11) An explosive charge shall not be connected to another or by a means of initiation, including detonating cords, until the last practicable moment before firing.

Section 432 Safety fuse

432. (1) Only a federally authorized safety fuse assembly shall be used and fuse capping is not permitted.

(2) A safety fuse assembly shorter than one metre shall not be used.

(3) Where it is necessary to fire more than one safety fuse assembly at a time, only one igniter cord or approved equivalent shall be lit.

Section 433 Loaded holes

433. (1) The location of a loaded hole shall be visually identified by either placing individual markers at the hole or marking off the perimeter of the area containing loaded hole by a display of warning tape or other highly visible indicator.

(2) A hole which has been loaded, but not fired by the end of the working day, shall not be left unattended, whether primed or not.

(3) A worker shall be posted to ensure that a hole is not tampered with when the work crew is absent from the site.

(4) Security procedures shall be used to prevent access to a loaded hole by a person who has not been authorized by the blaster.

Section 434 Restrictions

434. (1) A vehicle or other mechanical equipment shall not be driven or moved over an explosive, a blasting accessory or a hole containing an explosive.

(2) A blaster shall ensure that unused explosives and detonators are returned to the day box or magazine before the blast is initiated.

(3) Drill cuttings shall not be used for stemming material.

Section 435 Electrical initiation

435. (1) Where there is danger from extraneous electricity, a blasting operation shall be fully non-electric.

(2) A blasting operation or handling of an explosive shall not be carried out on the approach of or during an electrical storm and persons shall remain outside the danger area at that time.

(3) To minimize hazards from radio frequency energy, electrical blasting shall not be carried out at a distance from a transmitter less than shown in Table 1 or Table 2, whichever is applicable:

Recommended Safe Distances for Commercial AM Broadcast Transmitters 0.535 to 1.705 MHz1

Recommended Safe Distances for Mobile Transmitters and Cellular Telephones2

(4) An employer shall ensure that during the commencement of a blasting operation and while it is in progress

(a) where it is an electric blasting operation, a sign bearing the words "Blasting Operations, Turn Off Radio Transmitter" is posted on all public roads leading to a blasting area and is visible to persons entering the area; or

(b) where it is a fully non-electric blasting operation, a sign bearing the words "Blasting Operations" is posted on all public roads leading to a blasting area and is visible to persons entering the area; and

(c) a sign bearing the words "End of Blasting" is posted on all public roads leading from a blasting area and is visible to persons leaving the area.

(5) A sign required under subsection (4) shall have letters not less than 15 centimetres high on a contrasting background and shall be 90 centimetres wide and 120 centimetres tall.

(6) Where a sign referred to in this section is required to be visible to persons entering a blasting area, it shall be located at a distance from the blasting area of

(a) 100 metres where the speed limit on the road is 50 kilometres an hour or less; or

(b) 300 metres where the speed limit on the road is greater than 50 kilometres an hour.

(7) An employer shall ensure that a sign required under this section is removed or covered when the blasting operation is completed.

(8) In addition to the other requirements of this section, the following precautions shall be adopted to reduce the potential hazards of electrical blasting near radio frequency energy sources:

(a) mobile transmitters shall be kept away from the blasting area and where absolute control cannot be exercised, warning signs shall be posted to remind vehicle operators to turn off transmitters and, where necessary as determined by the blaster, flagmen shall be posted to instruct operators accordingly; and

(b) blasting circuits shall be kept on the ground and bare connections shall be elevated sufficiently to prevent current leakage.

Section 436 Pre-firing

436. (1) An electric blasting circuit shall be tested personally by a blaster with a blasting meter to ensure that readings are consistent with the values calculated for the blast before the lead wire is connected to the blasting machine or blasting switch.

(2) The connection of the lead wires to the blasting machine or blasting switch shall be the last connection made before the blast.

(3) Only a blasting machine or blasting switch shall be used to fire an electric circuit.

(4) A blaster shall ensure that the capacity of the blasting machine as designated by the manufacturer is not exceeded.

(5) An employer shall ensure that a blasting machine is maintained in good working order and is inspected at least once every 12 months by a service representative authorized to work on the machine by its manufacturer or approved by the minister.

(6) Records verifying the condition of the blasting machine at the time of the annual inspection shall be kept by an employer until the next annual inspection.

Section 437 Protection

437. (1) An employer shall take precautions to ensure that persons and property at or near the workplace are protected and that hazards of flying material, airblast, ground vibration or fumes from the blast are minimized.

(2) Where there is a danger to the safety of persons or property, a blasting mat of adequate size and strength or adequate cover shall be used.

Section 438 Firing

438. (1) A blasting machine shall not be used to fire an explosive charge unless it is designated and approved by the manufacturer for the sole purpose of energizing electric detonators.

(2) After blasting by electricity, a blaster shall not allow another person to enter a place where charges have been fired until the blaster has

(a) disconnected the firing cables from the blasting machine;

(b) short-circuited the lead wires; and

(c) personally examined the blasting area and given permission for work to proceed.

(3) A blasting meter shall not be used to take measurements pertinent to blasting unless it is approved and designed by the manufacturer for that sole purpose.

(4) Electric blasting circuits shall not be fired from a power transmission line unless a blasting operation is conducted in underground tunnelling and a blasting switch is used.

(5) A blasting switch shall not be used for firing electric blasting circuits from a power line unless it is approved and designed by the manufacturer as suitable for that purpose and constructed so that the door may be closed and locked with the switches in the "OFF" position.

(6) A blaster shall ensure that the blasting switch is kept locked and inaccessible until it is required to fire the explosive charge.

(7) Where an electrical power transmission line is present and electric blasting initiation is to be used, a cable used to fire the blast shall be anchored securely to avoid being thrown into contact with the power lines.

(8) An employer shall ensure that empty explosive cartons and boxes are

(a) collected from the site before blasting; and

(b) appropriately disposed after the blasting is completed.

(9) Before firing, a blaster shall ensure that

(a) sufficient audible and visual warning is given to persons in or near the danger area;

(b) roads and approaches to the danger area are guarded or barricaded in order to prevent anyone from entering; and

(c) persons and equipment are at a safe distance and under sufficient protective cover.

[N.L.R. 43/22, s. 36]

Section 439 Post-firing

439. (1) Immediately after firing electrically, a blaster shall disconnect and shunt or short circuit the lead wires from the blasting machine or the blasting switch and pull out and lock a blasting switch.

(2) After firing the blast, a blaster shall make a thorough inspection of the site, and after ascertaining that no unexploded charges remain, shall permit other employees to return to work or allow traffic to proceed.

(3) An employer shall ensure that loose rocks are scaled off the faces of excavations and removed from the crest after completion of the blasting operation and before work is resumed.

Section 440 Unique blasting operation

440. (1) An employer shall ensure that, in addition to the requirements of these regulations, a safe work procedure is developed for the use and handling of explosives in the following circumstances:

(a) in a confined space other than underground;

(b) underwater;

(c) for demolition of above-ground buildings, stacks, or other structures including beaver dams;

(d) for ice control;

(e) in theatrical applications where the special effects are explosives other than fireworks;

(f) for oil and gas well control;

(g) where black powder is used; or

(h) at the request of an officer who concludes that a procedure involves an unusual use of explosives in the operation.

(2) In the case of a conflict between the safe work procedure referred to in subsection (1) and these regulations, these regulations shall apply.

Section 441 Seismic blasting

441. (1) Where seismic blasting is carried out in an isolated location, loaded holes may be left unattended only where the blaster has first ensured that

(a) leg wires are shunted together;

(b) drill cuttings are spread out and levelled;

(c) leg wires are coiled as close to the ground as possible while not exceeding 15 centimetres above the ground level; and

(d) holes are suitably user identified, recorded in the blasting log and blasted within 30 days.

(2) In a seismic blasting operation the firing line may be left connected to the firing switch and disconnected at the hole where a recorder can confirm complete detonation.

(3) A misfired or unfired charge in a seismic blasting operation, may be left unfired only where

(a) it cannot be conventionally and safely detonated;

(b)it is in an isolated location and at least 6 metres deep; and

(c)its location is effectively marked.

(4) A seismic water tank truck with open flame water heaters shall not be used to transport explosives unless

(a) the distance between the heat tube and the outside of the tank is at least 35 centimetres;

(b) the heater, where woodburning, has a fire box of a type that fully contains the fuel and 2 dampers mounted in the heat tube, one at the vent end and the other at the fire box, so the flame may be shut in instantaneously in the event of an accident; and

(c) the detonator storage is located on the opposite side of the vehicle from the explosive magazine and both are built to type 6 magazine standard.

(5) In a seismic operation where there is no alternate route, a vehicle may be driven over a loaded hole where

(a) bypassing the hole is not practicable;

(b) operational planning minimizes the requirement to travel through a loaded area;

(c) safe work procedures are developed and communicated to workers before work is started;

(d) loaded holes comply with subsection (1);

(e) explosive charges are at a minimum depth of 6 metres;

(f) radio transmission equipment is turned off or transmission capability is disabled by disconnecting the microphone; and

(g) electrical equipment, including cellular phones and other types of mobile telephone equipment which continuously transmit a radio signal when turned on shall be turned off when driving over a loaded hole.

Section 442 Misfire

442. (1) Where a charge has misfired or is suspected of having misfired, a person shall not move about the danger area until the expiry of the required waiting time in subsection (2).

(2) Where a charge has misfired or is suspected of having misfired, a blaster shall

(a) where using a safety fuse, wait 30 minutes after the last charge was due to explode before entering the blasting area;

(b) where using a means of initiation other than a safety fuse, wait 10 minutes after the last charge was due to explode before entering the blasting area; and

(c) where using an electric detonator, immediately disconnect the firing cable from the blasting machine or blasting switch and shunt the lead line

and at the end of the required waiting time, approach the misfired hole to assess the potential hazard.

(3) Where there is a misfire or a suspected misfire, a person shall not use metallic equipment in a blasting area until a blaster has inspected the site and authorized the use of the equipment and the following procedure shall be used:

(a) the site shall be fully illuminated;

(b) the work shall be directly and constantly supervised by a blaster; and

(c) precautions shall be taken to prevent injury from accidental explosion.

(4) An employer shall ensure that a misfire is treated at a safe and suitable time under the direction of a blaster in order to ensure the removal of hazards from the misfire in a manner that complies with these regulations.

(5) A blaster, in consultation with a supervisor, shall determine the safest and most practicable means of treating a misfire, either by reblasting or otherwise, and shall ensure compliance with these regulations.

(6) An employer shall, where practicable, ensure that the cause of a misfire is established and that corrective action is taken to prevent recurrence.

Part XX FIRE PREVENTION AND CONTROL

Section 443 Fire protection

443. (1) The design and occupancy of structures and the provision of fire alarm and detection equipment and fire protection equipment, in places of employment, shall comply with the Fire Prevention Act, 1991 and an employer shall ensure that work is carried out according to the applicable provisions of that Act and the National Fire Code.

(2) Fire alarm and detection equipment and fire protection equipment shall be maintained according to the manufacturer's instructions and any other requirements of provincial legislation.

(3) An employer that has

(a) controlled products as defined in the Workplace Hazardous Materials Information System (WHMIS) Regulations, 2018 ;

(b) explosives;

(c) pesticides;

(d) radioactive material;

(e) consumer products; or

(f) hazardous waste

in quantities which may endanger fire-fighters at a workplace shall ensure that the local fire department is notified of the nature and location of the hazardous materials or substances and methods to be used in their safe handling.

(4) Subsection (3) does not apply to a workplace:

(a) where materials are kept on site for less than 5 days, where the employer ensures that an alternate and effective means of notification of the fire department, appropriate to the hazard, is in place in the event of a fire or other emergency; or

(b) which is not within the service area of a fire department.

[S.N.L. 2019, c. 8, s. 20]