John Vergunst – Mining Engineer – Ontario Ministry of Labour

1. Panel III: Inspection Practices 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. Code of Professionalism • 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. 2007 NAALC - Panel III_MOL

4. Code of Professionalism • 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; 2007 NAALC - Panel III_MOL

5. Policies • 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 2007 NAALC - Panel III_MOL

6. INB: Inspector's Note Book • 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. 2007 NAALC - Panel III_MOL

7. Wide Area Network INB Data Base INB Synchronization INB Inspector Notebooks INB INB MIS Data Base INB MIS: Merged Information System Field Visit Reports are synchronized into a Provincial data base. Field Reports are sent through an intranet (office) or internet (in field) 2007 NAALC - Panel III_MOL

8. MIS: Merged Information System • 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 2007 NAALC - Panel III_MOL

9. Notification • 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 underground Helicopter to diamond drill site in Red Lake 2007 NAALC - Panel III_MOL

10. Inspection 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. 2007 NAALC - Panel III_MOL

11. Inspection 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. 2007 NAALC - Panel III_MOL

12. Inspection Conduct a physical inspection Address any concerns expressed by the workers or their representatives 2007 NAALC - Panel III_MOL

13. Inspection 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 2007 NAALC - Panel III_MOL

14. Inspection • 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 2007 NAALC - Panel III_MOL

15. Inspection • 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 2007 NAALC - Panel III_MOL

16. Remote Pre-Op Chestlist WANT TO SEE THIS FOR REMOTES 2007 NAALC - Panel III_MOL

17. Inspection • Inspector documents: • Physical conditions • of the workplace • Locations visited • Persons contacted • Concerns discussed • Contraventions noted • with any immediate • hazards addressed • immediately – stop • work 2007 NAALC - Panel III_MOL

18. Inspection • 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) 2007 NAALC - Panel III_MOL

19. Inspection Reports • Front Page of INB Field Visit Report • Showing: • information • required • first order & • compliance date 2007 NAALC - Panel III_MOL

20. Inspection Reports • First page of narrative in INB Field Visit Report – 11 pages • Showing: • purpose of visit • persons contacted • advice on escapeway • & fire procedures 2007 NAALC - Panel III_MOL

21. Enforcement Orders • 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 2007 NAALC - Panel III_MOL

22. Enforcement 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. 2007 NAALC - Panel III_MOL

23. Enforcement • 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 2007 NAALC - Panel III_MOL

24. Summary 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_MOL

25. Questions ? Comments ? 2007 NAALC - Panel III_MOL