2007 NAALC - Panel III_MOL 1
John Vergunst – Mining Engineer – Ontario Ministry of Labour
Golden Giant Mine Headframe in Marathon
2007 NAALC - Panel III_MOL 2
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_MOL 3
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.
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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;
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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
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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.
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Field Visit Reports are synchronized into a Provincial data base.
Field Reports are sent through an intranet (office) or internet (in field)
INB Data INB Data BaseBase
Synchronization
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INB
INB
MIS Data MIS Data BaseBase
Wide Area Wide Area NetworkNetwork
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• 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
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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 undergroundHelicopter to diamond drill site in Red Lake
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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.
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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.
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Conduct a physical inspection
Address any concerns expressed by the workers or their representatives
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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
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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
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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
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Inspector documents:
• Physical conditions of the workplace
• Locations visited
• Persons contacted
• Concerns discussed
• Contraventions noted with any immediate hazards addressed immediately – stop work
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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)
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Front Page of INB Field Visit Report
Showing:
• information required
• first order & compliance date
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First page of narrative in INB Field Visit Report – 11 pages
Showing:
• purpose of visit• persons contacted• advice on escapeway & fire procedures
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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
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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.
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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
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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.