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This Client Alert is being sent to TDS contacts in the mining industry regarding the updated Operations of Mines Regulation (the “Regulation”) announced by the Province of Manitoba on December 14, 2011.

The Regulation, under The Workplace Safety and Health Act, C.C.S.M. c. W210 (the “WSHA”), follows comprehensive changes to the WSHA in 2002 and a new Workplace Safety and Health Regulation in 2007. It was developed following an extensive review and consultation process which included participation from employer and employee representatives from the mining industry.

Taking effect on April 1, 2012, the Regulation includes:

  • stronger limitations on tethering workers to remote controlled equipment (workers are not to be tethered to remote controlled equipment unless for the purpose of fall protection);
  • specific instruction for inspection and maintenance of raise climbers and the location of underground refuge stations (including more stringent brake testing by a competent worker at the beginning of each operating shift, visual inspections before start-up, and weekly inspections to identify any defects or unsafe conditions along with certain critical parts inspection requirements under the supervision of a professional engineer);
  • stronger requirements to ventilate vehicle emissions from mobile equipment underground; and
  • updated technical standards for roll-over and falling-object protection on vehicles.

The Province is developing resources to better understand the new Regulation, including mines regulations summary sheets covering the entire Regulation in parts. Safe Manitoba expects to have these and other resource materials available in January.

This article is presented for informational purposes only. The content does not constitute legal advice or solicitation and does not create a solicitor client relationship. The views expressed are solely the authors’ and should not be attributed to any other party, including Thompson Dorfman Sweatman LLP (TDS), its affiliate companies or its clients. The authors make no guarantees regarding the accuracy or adequacy of the information contained herein or linked to via this article. The authors are not able to provide free legal advice. If you are seeking advice on specific matters, please contact Keith LaBossiere, CEO & Managing Partner at kdl@tdslaw.com, or 204.934.2587. Please be aware that any unsolicited information sent to the author(s) cannot be considered to be solicitor-client privileged.

While care is taken to ensure the accuracy for the purposes stated, before relying upon these articles, you should seek and be guided by legal advice based on your specific circumstances. We would be pleased to provide you with our assistance on any of the issues raised in these articles.