Panel Report

Mine workers, particularly those in underground developments, may be exposed to dangerous working conditions. The work environment at Cigar Lake presents conventional mining hazards as well as risks due to the high radioactivity of the ore being mined. It is essential that safety measures to address all potential risks be identified, and that a monitoring regime be instituted to ensure implementation of all regulations.

8.1 Jurisdictional Ambiguity and Regulatory Overlap

The administration of occupational health and safety in uranium mines comes under federal jurisdiction by virtue of provisions in the Atomic Energy Control Act. The enabling legislation for radiological protection is the Uranium and Thorium Mining Regulations (1988), soon to be revised under the recently passed Nuclear Safety and Control Act. This legislation is implemented by the Atomic Energy Control Board (AECB). Conventional occupational health and safety is governed by the Canada Labour Code, and its regulations under Part II of the Code. The responsibility for its implementation lies with the Labour component of Human Resources Development Canada (HRDC).

Radiological protection is monitored by both federal and provincial regulators, whereas conventional worker health and safety is monitored only by Saskatchewan Labour. The provincial government acquires its authority through requirements attached to the surface lease agreements made with the uranium mines. Specifically, the Saskatchewan Occupational Health and Safety Act, 1993, and The Radiation Health and Safety Act, 1985, and their attendant regulations, are the legislative instruments applied at the uranium mines. [Government of Saskatchewan, Submission to Cigar Lake Public Hearings, Regina, Saskatchewan, September, 1996, pp.19-21.]

The mining industry has voiced concern about excessive mine site inspection and licensing protocols by the various regulatory agencies, finding the current regimes in all areas, including health and safety, to be inefficient, costly and duplicative.

The duplication of regular monthly or bimonthly inspections of uranium mines is inefficient and costly from both the public or taxpayer and industry points of view. The industry recognizes the need for a competent regulatory authority and the public demands assurance that the industry is conducting its business in a safe and environmentally responsible manner. Both the industry and the public could best be served by a single competent regulator.

S. Frost, Regulation of Uranium Mining - An Industry Viewpoint, Presentation to Cigar Lake Public Hearings, Saskatoon, Saskatchewan, September 9, 1996, p. 3.

Extreme regulation, although burdensome to the productive and cost-effective operation of the mines and regulatory agencies, represents one means by which the public and the employees may be given assurance about their safety concerns. Vigilant regulation of the uranium mining industry minimizes the chance that unsafe operating practices would go unnoticed; however, it would be preferable if comparable results could be achieved by some restructuring of the regulatory process to reduce overlap and duplication of effort by federal and provincial regulators.

We wish to reiterate a recommendation made in our report on the McArthur River Project. The provincial Mines and Radiation Safety Branch is the government body most active in providing conventional health and safety inspections at uranium mines. It should therefore be provided with the authority for initiating prosecution and for enforcing compliance of conventional health and safety regulations at uranium mine sites within this province. In May, 1996, an amendment to the Canada Labour Code was enacted to permit provincial administration of nuclear projects, such as uranium mines. The federal and provincial governments have engaged in negotiations, such as the 1994 Efficiency of the Federation Initiative, with one goal being the transfer of administration of conventional workplace health and safety regulation from the federal government to the province. Although the intent to transfer regulatory control existed at the time of the Cigar Lake public hearings, the province still did not have the authority to act as sole enforcement agent of conventional health and safety at uranium mine sites. This matter should be resolved quickly.

There have been no similar negotiations concerning a possible transfer of radiological health and safety administration to the province, with the regulatory control remaining under federal jurisdiction. [Government of Saskatchewan, Opening Presentation to the Cigar Lake Public Hearings, Regina, Saskatchewan, September 4, 1996, p. 17 and pp. 34-45.] Both levels of government assume responsibilities for monitoring radiation risks to workers at uranium mine sites. Again, we wish to reiterate a previous panel recommendation, that a formal arrangement be established between the AECB and provincial regulators to share information and work-site observations on radiation monitoring, with the objectives being to strengthen worker protection, and reduce duplication in testing and reporting activities.

8.2 Conventional Safety Concerns

For the period 1991-1995, CLMC recorded no worker lost-time accidents at its test mine. [The Cigar Lake Project Environmental Impact Statement, Main Document, July, 1995, p. 6-2.] This is not atypical. As noted by Saskatchewan Environment and Resource Management, mine sites are more rigorously controlled than many other industrial work places within the province.

No other industry in Saskatchewan receives as much attention as the mining industry when it comes to health and safety. The ratio of mines inspectors to mine workplaces is considerably higher than the corresponding ratio of occupational health officers to non-mine workplaces. [Government of Saskatchewan (SERM), Submission to the Cigar Lake Public Hearings, Regina, Saskatchewan, September 4, 1996, pp. 30-31.]

There is significant arsenic and nickel mineralization within the Cigar Lake ore body, but not within the surrounding host rock. Because freeze and production drift development would be done in the host rock, workers would not be at risk from the arsenic and nickel mineralization.

During ore recovery, the use of the non-entry mining methods described in Chapter 5 would protect workers from contact with the toxic heavy metals contained in the ore. With the use of jet boring to cut the ore, all materials would be recovered in slurry form, thereby decreasing the likelihood of worker exposure to dust containing toxic contaminants. However, in instances where dry drilling (boxhole boring) would be used to recover ore, greater precautions against airborne contaminants would be required. This added protection would be obtained from the implementation of an exhaust ventilation system, similar to the one described in the EIS. [The Cigar Lake Project Environmental Impact Statement, Main Document, Cigar Lake Mining Corporation, July, 1995, pp. 3-46 to 3-50.] It will be the responsibility of the regulators to ensure that this system is functioning properly before providing the proponent with a licence to initiate ore recovery by boxhole boring.

8.3 Radiological Safety Concerns

In addition to the conventional health and safety concerns found at all mines, uranium mines carry the additional risks associated with the potential exposure of workers to radiation. These risks would be intensified at Cigar Lake, where the ore grade is very high.

Assurance of worker protection under these conditions is further compromised by continuing uncertainty with respect to the assessment of radiological risks, the selection of appropriate, conservative standards for dose limits and the length of time required to implement new standards. The AECB sets public and occupational radiation dose limits, based upon recommendations of the International Commission for Radiological Protection (ICRP). Existing federal standards, based on the 1977 ICRP-26 recommendations, are under revision, with the proposed AECB Radiation Protection Regulations calling for a considerable reduction in dose limits. The current AECB limit for workers is 50 mSv/yr and, for the public, 5 mSv/yr. The new occupational dose proposed by the AECB (based on ICRP-60 and ICRP-65) is 20 mSv/yr averaged over a defined period of 5 years, with an additional proviso that the effective dose should not exceed 50 mSv in any single year. The dose limit proposed for the public is 1 mSv/yr. Current Saskatchewan radiation dose standards are also based upon ICRP-26, although the province has amended surface lease agreements to incorporate ICRP-60 radiation protection standards, and has reached agreement with the uranium mining industry on the implementation of these standards. [E. Becker, Saskatchewan Labour, Transcript of Supplementary Public Hearings for Midwest and Cigar Lake, La Ronge, Saskatchewan, August 27, 1997, p. 49.] We urge prompt implementation of the more stringent standards; both governments should take actions to remove the existing uncertainty and confusion by expeditiously adopting the intent of ICRP-60 and ICRP-65 into regulation, and continuing to amend dose limits in line with subsequent recommendations of the International Commission of Radiological Protection.

Cigar Lake's mining methods, described in Section 5.1, have been designed specifically to prevent direct exposure of miners to the ore. Worker safety will be dependent on the proponent's ability to implement the proposed non-entry ore recovery methods and on the successful containment of the ore during transport and milling, as well as during deposition of the tailings.

Despite the protection offered by mine design, there are several areas of mine operation where special care would be necessary to avoid radiation problems. These include ventilation control, ground water containment and ore-handling during upset conditions. The proponents presented modelling studies that assessed upset conditions, such as the spill of ore slurry, and concluded that the additional exposure of workers to radioactivity would be within acceptable limits. [The Cigar Lake Project Environmental Impact Statement, Main Document, Cigar Lake Mining Corporation, July, 1995, pp. 6-12 to 6-21; Response to Request for Additional Information, March, 1996, pp. 3-5 to 3-38; Additional Information II, July, 1996, pp. 4-7 to 4 - 13; Addendum, September, 1996, pp. 11-2 to 11-5; Tailings Management Additional Information, April, 1997, pp. 9-1 to 9-5.] Although these results are somewhat reassuring, the fact that ore of this grade has not been mined previously suggests that modelling might not provide an accurate prediction of reality. Until more practical experience with ores of this grade is available, careful monitoring and unfailing vigilance by the safety officers will be required.

It was found that the maximum increase in the predicted radiation exposure due to any one of these upset conditions is 0.06 per cent of the current regulatory limit.

L. Nel, Radiation and Community Safety, Presentation of the Cigar Lake Mining Corporation, Transcript of the Cigar Lake Public Hearings, La Ronge, Saskatchewan, October 4, 1996, p. 6.

The Cigar Lake EIS predicts that the maximum exposure for any mine worker during underground mining operations would be approximately 19 per cent of the annual exposure limits in effect at the time of EIS preparation. For the average mine worker, the EIS predicts an exposure equal to 8.2 per cent of the previous allowable limit. With the introduction of the more stringent exposure limits recommended in this report, it is predicted that the maximum and average exposures for mine workers would reach 46.5 percent and 20.5 per cent, respectively, of permissible levels. During milling operations, it predicted that the workers who would receive the greatest radiation exposure would reach 11.5 mSv/yr, or 58 per cent of the new more stringent occupational exposure limits. The average exposure predicted for any McClean Lake mill worker is 6 per cent and 15 per cent, respectively, of former and amended annual exposure limits.

An exposure of approximately 50 per cent of the permitted maximum leaves little room for error and emphasizes the potential for significant worker exposure at this mine. Despite these concerns, Saskatchewan Labour has noted its agreement with the protective measures proposed:

We have thoroughly reviewed the Cigar Lake EIS, and believe that the technical challenges of mining the high grade ore at Cigar Lake can be overcome. The use of innovative mining methods, and the design of the McClean Lake Mill provide for a considerable increase in the degree of radiation control that can be exercised. [Saskatchewan Environment and Resource Management, Submission to the Cigar Lake Public Hearings, Regina, Saskatchewan, September 4, 1996, p. 39.]

However, extreme vigilance by the operator and the regulators will be required. Predicted exposures cannot be allowed to become a substitute for careful monitoring and effective mitigation measures.

8.4 The ALARA Principle

In addition to complying with regulatory limits, the proponent is required to adhere to the "as low as reasonably achievable" (ALARA) principle. It is not permissible to use a particular approach if a comparable, but safer, approach exists. Unnecessary exposure is unacceptable, even if regulatory limits are not exceeded.

Because of the highly radioactive nature of the Cigar Lake ore, extraordinary measures will be required to maintain radiological doses below regulatory limits. Developing a mine and constructing a mill that allows production to proceed without exposing workers to unacceptable doses would be a substantial engineering achievement. Once this challenge has been met, there may be a natural inclination to decrease vigilance and allow the project to operate without further consideration of additional safety innovations. It is at this point that the ALARA principle must be applied by both the operators and the regulators. All concerned must continue to seek ways to improve worker protection even if regulatory limits are being met. It is not morally, or legally, acceptable to use a particular procedure if a comparable one that will offer greater worker protection is available.

ALARA is an important concept and it is essential that it be complied with as scrupulously as any of the regulations.

8.5 Conclusions and Recommendations

Mine workers, particularly those in underground developments, depend on mine regulators to ensure safe workplaces. It is, therefore, essential that legislation and regulations provide adequate protection for both contract and non-contract workers; that mine sites be inspected frequently; and that due care be exercised to ensure that safe work practices are being followed.

The proponents have attempted to assess worker radiological risks and have planned appropriate monitoring and mitigation measures to control source releases. However, it cannot be overlooked that uranium ore of such high grade has not previously been mined in an underground operation. Very careful monitoring and vigilant regulation will be required to ensure adequate protection for the Cigar Lake mine and McClean Lake mill workers.

It is recommended that both federal and provincial governments move expeditiously to adopt the intent of ICRP-60 and ICRP-65 into regulations. In addition, the proponent must also observe the ALARA principle in all phases of the Cigar Lake project as scrupulously as its legislated and regulated standards.

Jurisdictional overlap and ambiguities between the federal and provincial governments have the potential to decrease the level of worker protection as well as to introduce certain inefficiencies into the system. Because the province plays the preeminent role in performing workplace inspections and monitoring, it is recommended that Saskatchewan be given the legislated authority and responsibility for conventional health and safety at uranium mines. For radiological health protection, it is recommended that a formal arrangement be established between the AECB and the provincial regulators to share information and site inspection observations, with the objectives of strengthening worker protection and reducing duplication.