Legislation
General Regulation - Occupational Health and Safety Act
N.B. Reg. 91-191
Part XIV PITS AND QUARRIES
Section 190
190. Where required to do so by the Chief Compliance Officer, an owner of a pit or quarry and an employer shall submit detailed drawings with specifications for the development of the pit or quarry to the Chief Compliance Officer.
Section 191
191. An owner of a pit or quarry and an employer shall each ensure that a haulage road in a pit or quarry is designed, constructed and maintained
- (a) to minimize hazards from the slipping or skidding of vehicles,
- (b) to enable vehicles to pass each other safely, and
- (c) so that grades do not exceed the design capacity of vehicles that are used in the pit or quarry.
Section 192
- 192. (1) Where an employee is required to walk from the working level of a pit or quarry to the surface, an employer shall provide a walkway from the working level to the surface for the employee.
- (2) Where a walkway under subsection (1) is inclined at more than 20 degrees and less than 50 degrees to the horizontal, an employer shall provide stairways or ladderways.
- (3) Where a walkway under subsection (1) is inclined at more than 50 degrees to the horizontal, an employer shall provide ladderways.
Section 193
- 193. (1) An employer shall ensure that material excavated from a pit or quarry is piled at a distance from the edge of the pit or quarry so that the material does not subside into the pit or quarry or cause ground failure.
- (2) Where material excavated from a pit or quarry is dumped from a vehicle to a stockpile, an employer shall ensure that precautions are taken to keep the vehicle at a safe distance from the edge of the stockpile.
Section 194
194. An employer shall ensure that unconsolidated overburden
- (a) is moved from the edge of a pit or quarry a sufficient distance to prevent the overburden from falling into the pit or quarry,
- (b) is at least 7 m from the edge of the pit or quarry, and
- (c) is sloped to its natural angle of repose.
Section 195
195. An employer shall ensure that utility poles, posts and similar structures are supported or removed if they are within 3 m of a pit that is more than 1.2 m deep.
Section 196 Work Procedures for Quarries
196. Where quarrying activities are initially started or where activities are resumed after a cessation of production of four months or more, the owner of the quarry or the employer shall notify the Chief Compliance Officer of the intention to begin or resume operations in the quarry at least two weeks before the operations are to begin or resume.
Section 197
- 197. (1) An employer shall ensure that an examination of all work faces in a quarry is made at the beginning of each operating shift and the results are recorded by the person in charge of the shift in a daily examination and record book together with a daily recording of all areas worked and of all unusual occurrences or hazardous conditions.
- (2) The person in charge of a shift shall read the record in the daily examination and record book made by the person in charge of the previous shift and sign it before assigning work for the shift about to begin.
- (3) An employer shall ensure that the daily examination and record book referred to in subsection (1) is available on request to a committee or health and safety representative, if any, and to an officer on request.
- (4) An employer shall ensure that no employee works close to a face of a quarry until the face has been examined and declared safe before the start of each shift by the person in charge of the shift.
[N.B. Reg. 2022-27, s. 33]
Section 198
- 198. (1) An employer shall ensure that a quarry 20 m or over in depth is worked in benches that are not more than 20 m high.
- (2) Subsection (1) does not apply when the side cast method of stripping is used.
- (3) Where the walls of a quarry under 20 m cannot be excavated safely, an employer shall ensure that the quarry is worked in benches.
Section 199
- 199. (1) An employer shall ensure that a berm or ledge in a quarry is constructed of sufficient width to catch and retain rocks that fall from the bench or face above.
- (2) An employer shall ensure that loose material that may endanger a person on a lower bench in a quarry is not permitted to accumulate on a berm or ledge in the quarry.
Section 200
- 200. (1) An employer shall ensure that there is no undercutting of the working face of a quarry except where a tunnelling method is used to remove rock.
- (2) Where a tunnelling method is used to remove rock in a quarry and the enclosing ground is not secure, an employer shall ensure that
- (a) every tunnel in which work is being carried on or through which persons pass is securely cased, lined, timbered, screened, rockbolted or otherwise made secure, and
- (b) no person is allowed to go beyond a cased, lined, timbered, screened, rockbolted or otherwise secured ground.
Section 201
201. Where the wall of the quarry exceeds 37.5 degrees from the horizontal, an employer shall ensure that all adits, declines and tunnel openings collared within the wall are protected against slides or other runs of material and that such protection is established once the distance of the adits, declines and tunnel openings from the collar have reached 20 m.
Section 202 Work Procedures for Pits
202. Where material in a pit is being removed by means of powered mobile equipment, an employer shall ensure that the working face of the pit is
- (a) sloped at its angle of repose, or
- (b) benched to limit the vertical height to not more than 1.5 m above the maximum reach of the equipment in use.
Section 203
203. Where material in a pit is being removed by means other than powered mobile equipment, an employer shall ensure that the working face of the pit is
- (a) sloped at its angle of repose, or
- (b) benched to limit the vertical height of the working face to not more than 1.2 m.
Section 204
204. An employer shall ensure that undercutting by means of powered mobile equipment at the face of a pit is
- (a) restricted to the depth of the bucket of the powered mobile equipment in use, and
- (b) permitted only when the approach by the operator of the powered mobile equipment is at a 90 degree angle to the face.
Section 205
205. An employer shall ensure that an employee on foot comes no closer to the working face of a pit than 1.3 times the height of the working face unless the working face is sloped at its angle of repose or is benched to limit the vertical height of the working face to not more than 1.2 m.
Section 206
206. An owner of a pit and an employer shall each ensure that the top of a pit is adequately marked to indicate the existence of the pit.
[N.B. Reg. 2001-33, s. 60]
Part XV MATERIALS HANDLING EQUIPMENT AND PERSONNEL CARRYING EQUIPMENT
Section 230.1
- 230.1 (1) In this section,
- "berm" means a mound or pile of material raised above the surrounding surface.
- (2) Where powered mobile equipment is used to push material into a body of water, pit, excavation or other cavity, an employer shall ensure that a berm is created between the equipment and the water, pit, excavation or other cavity to indicate to the operator the safe limit to which the powered mobile equipment may advance, and an operator of powered mobile equipment shall not advance the equipment past the berm.
- (3) Where powered mobile equipment is used to push material into a frozen body of water, an employer and an operator shall each ensure that the ice is broken before any material is pushed into the water.
[N.B. Reg. 2001-33, s. 83]







