2007 naalc - panel iii_mol1 john vergunst – mining engineer – ontario ministry of labour golden...

2007 NAALC - Panel III_MOL 1

John Vergunst – Mining Engineer – Ontario Ministry of Labour

Golden Giant Mine Headframe in Marathon


This presentation will focus on:

• Code of Professionalism•

• Policy

• inspections

• investigations

• enforcement

AJ inspecting bail for 15-ton bucket. Goldcorp #3 Shaft


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.


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;


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


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.


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

MIS Data MIS Data BaseBase

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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


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


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.


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.


Conduct a physical inspection

Address any concerns expressed by the workers or their representatives


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


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


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


WANT TO SEE THIS FOR REMOTES


Inspector documents:

• Physical conditions of the workplace

• Locations visited

• Persons contacted

• Concerns discussed

• Contraventions noted with any immediate hazards addressed immediately – stop work


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)


Front Page of INB Field Visit Report

Showing:

• information required

• first order & compliance date


First page of narrative in INB Field Visit Report – 11 pages

Showing:

• purpose of visit• persons contacted• advice on escapeway & fire procedures


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


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.


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


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.

2007 naalc - panel iii_mol1 john vergunst – mining engineer – ontario ministry of labour golden...

Documents

naalc panel

field reports

shaft slide

marathon slide

ministry field visits

customized reports

yearly reports

mol7 field visit reports