Marginal note:Coal mines
125.3 (1) Every employer of employees employed in a coal mine shall
(a) comply with every condition imposed on the employer pursuant to paragraph 137.2(2)(b) or (3)(a);
(b) comply with every provision substituted for a provision of the regulations, in respect of the employer, pursuant to paragraph 137.2(3)(b);
(c) permit inspections and tests to be carried out on behalf of the employees, in any part of the mine and on any machinery or equipment therein, in the prescribed manner and at intervals not greater than the prescribed interval; and
(d) as a condition of carrying out any activity for which the submission of plans and procedures is prescribed, submit to the Coal Mining Safety Commission for approval, in the form and manner and at the time prescribed, plans and procedures relating to that activity and carry out the activity in conformity with plans and procedures as approved.
Marginal note:Methods, machinery and equipment
(2) No employer shall require or permit the use in a coal mine of any mining method, machinery or equipment in respect of which no prescribed safety standards are applicable unless the use thereof has been approved pursuant to paragraph 137.2(2)(a).
(3) Every employer of employees employed in a coal mine shall, at intervals not greater than the prescribed interval, for the purpose of preventing alcohol, articles for use in smoking and drugs, other than drugs exempted by the regulations, from being brought into the mine,
(a) require every person entering an underground portion of the mine who is not employed there to submit to a personal search conducted in the prescribed manner; and
(b) require a proportion, not less than the prescribed proportion, of employees employed in the underground portions of the mine to submit to personal searches conducted in the prescribed manner.
Definition of “coal mine”
(4) For the purposes of this section and section 137.2, “coal mine” includes any work place above ground that is used in the operation of the mine and is under the control of the employer of employees employed in the mine.
- R.S., 1985, c. 26 (4th Supp.), s. 1.
Duties of Employees
Marginal note:Health and safety matters
126. (1) While at work, every employee shall
(a) use any safety materials, equipment, devices and clothing that are intended for the employee’s protection and furnished to the employee by the employer or that are prescribed;
(b) follow prescribed procedures with respect to the health and safety of employees;
(c) take all reasonable and necessary precautions to ensure the health and safety of the employee, the other employees and any person likely to be affected by the employee’s acts or omissions;
(d) comply with all instructions from the employer concerning the health and safety of employees;
(e) cooperate with any person carrying out a duty imposed under this Part;
(f) cooperate with the policy and work place committees or the health and safety representative;
(g) report to the employer any thing or circumstance in a work place that is likely to be hazardous to the health or safety of the employee, or that of the other employees or other persons granted access to the work place by the employer;
(h) report in the prescribed manner every accident or other occurrence arising in the course of or in connection with the employee’s work that has caused injury to the employee or to any other person;
(i) comply with every oral or written direction of a health and safety officer or an appeals officer concerning the health and safety of employees; and
(j) report to the employer any situation that the employee believes to be a contravention of this Part by the employer, another employee or any other person.
Marginal note:No relief of employer’s duties
(2) Nothing in subsection (1) relieves an employer from any duty imposed on the employer under this Part.
Marginal note:Limitation of liability
(3) No employee is personally liable for anything done or omitted to be done in good faith by the employee when the employee is assisting the employer, as requested by the employer, in providing first-aid or in carrying out any other emergency measures.
- R.S., 1985, c. L-2, s. 126;
- R.S., 1985, c. 9 (1st Supp.), s. 4;
- 1993, c. 42, s. 6(F);
- 2000, c. 20, s. 8.
- Date modified: