S.I. No. 28/2008 - Safety, Health and Welfare at Work (Quarries) Regulations 2008

• (c) is fitted with a suitable safety valve adjusted so as to permit the air to escape as soon as the safe working pressure is exceeded,

• (d) is fitted with an accurate pressure gauge indicating the pressure in the air receiver,

• (e) is fitted with a suitable appliance for draining the air receiver,

• (f) is fitted with a blow-off cock through which any fluid that may have accumulated in the air receiver may be blown off,

• (g) is provided with a suitable manhole, handhole, or other means that will allow the interior of the air receiver to be thoroughly cleaned, and

• (h) in a case where more than one air receiver is in use at the quarry, bears a distinguishing mark that is easily visible.

• (2) The requirement of paragraph (1)(e) shall not apply to an air receiver referred to in Regulation 56(d) or (e) and the requirement of paragraph (1)(g) shall not apply to an air receiver referred to in Regulation 56(c).

• (3) For the purpose of paragraph (1) relating to safety valves and pressure gauges and subject to paragraph (4), any set of 2 or more air receivers supplied with air through a single pipe may be treated as one air receiver.

• (4) In a case where a reducing valve or other suitable appliance to prevent the safe working pressure being exceeded is required to be fitted to a set of air receivers supplied with air through a single pipe, paragraph (3) shall not apply unless the valve or appliance is fitted on the single pipe.

Maintenance and examination.

• (2) The operator shall ensure that every air receiver at a quarry is thoroughly cleaned and examined by a competent person at least once in every period of 2 years, but in the case of an air receiver so constructed that the internal surface cannot be thoroughly examined—

• (a) the person making any such examination may specify in writing a period exceeding 2 years but not exceeding 4 years within which the next examination is to be made, and

• (b) a suitable hydraulic test of the air receiver is carried out in lieu of the internal examination.

• (3) A person carrying out an examination and test under paragraph (2) shall—

• (a) promptly prepare a report containing the particulars as set out in Schedule 4, and

• (b) within 24 hours of completing the examination, provide the report, or a copy thereof, to the person on whose behalf the inspection was carried out.

• (4) Where a report under this Regulation specifies that the safe working pressure of the air receiver to which it relates is to be reduced, or that such air receiver cannot continue to be safely used unless specified repairs are carried out, the operator shall ensure that the air receiver is not used until it is rendered safe, and within 7 days of receiving the report, cause a copy of the report to be sent to the Authority.

• (5) If an inspector is not satisfied as to—

• (i) the competence of the person who carried out an examination under this Regulation, or

• (ii) the thoroughness of the examination carried out

he or she may require the air receiver to be re-examined by a competent person nominated by him or her, and the operator shall make the necessary facilities available for such re-examination.

• (6) If, as a result of any re-examination under paragraph (5) it appears that the report of the examination under paragraph (2) was inadequate or inaccurate in any respect, the cost of the re-examination shall be recoverable by the Authority from the operator as a simple contract debt in any court of competent jurisdiction and in any legal proceedings the report of the re-examination purporting to be signed by the person making it shall be received in evidence of the facts stated therein without further proof unless the contrary is shown.

PART 8 General Health Hazards

Health hazards.

• (2) The preventive measures referred to in paragraph (1) shall include—

• (a) wherever possible, the replacement of a hazardous substance by a harmless or less hazardous substance,

• (b) technical measures applied to the plant, machinery, equipment or process, or

• (c) where it is not possible to comply with subparagraph (a) or (b), other effective measures, including the use of personal protective equipment and protective clothing.

Atmospheric influences.

Disposal of waste.

• (a) destroyed, or

• (b) otherwise disposed of

in a manner liable to be injurious to the safety and health of persons.

Stationary internal combustion engines and exhaust gases.

• (a) no stationary internal combustion engine is used at the quarry in any enclosed or confined place, unless specific provision is made for conducting the exhaust gases from the engine into the open air, or

• (b) any such enclosed or confined place is adequately ventilated so as to prevent danger to health from the exhaust gases.

Health surveillance.

PART 9 Welfare

Shelters and accommodation for clothing and taking meals.

• (a) adequate and suitable enclosed accommodation for taking shelter during interruptions of work owing to bad weather and for depositing clothing not worn during working hours, being accommodation containing, where practicable, adequate and suitable means of enabling such persons to warm themselves and to dry wet clothing,

• (b) adequate and suitable accommodation for the deposit of protective clothing used for work and kept, when not in use, at or in the immediate vicinity of the quarry with such arrangements as are practicable for drying such clothing if it becomes wet,

• (c) adequate and suitable accommodation affording protection from the weather and including sufficient tables with impermeable surfaces and seats with backs for taking meals,

• (d) facilities for boiling water and, where there are more than 5 persons at work at a quarry and heated food is not otherwise available at the quarry, adequate facilities for heating food, and

• (e) an adequate supply of potable drinking water and possibly another suitable non-alcoholic beverage at a convenient point or convenient points.

• (2) For the purposes of paragraph (1), in determining whether accommodation is conveniently accessible, account shall be taken of any transport provided for the persons at work.

• (3) For the purposes of paragraph (1)(c), in determining whether accommodation of any kind provided in pursuance of that subparagraph at any time and place is adequate, account shall be taken of the number of persons at work who appear likely to use such accommodation at that time and place.

• (4) The operator shall ensure that all accommodation provided in accordance with this Regulation is—

• (a) properly ventilated, adequately lighted, kept in a clean, hygienic and orderly condition, and

• (b) not used for the deposit or storage of materials or plant.

Changing rooms and lockers.

• (a) appropriate changing rooms for persons at work if they have to wear special work clothes and if, for reasons of health or propriety, they cannot be expected to change in another area, which are—

• (i) easily accessible,

• (ii) of sufficient capacity, and

• (iii) provided with seating,

• (b) separate changing rooms or separate use of changing rooms for men and women, and

• (c) adequate provision for drying wet or damp work clothes.

• (2) If circumstances so require where work clothes are likely to be contaminated by dangerous substances, atmospheric conditions or the conditions of the place of work, the operator shall provide, or cause to be provided, facilities in changing rooms to enable working clothes to be kept in a place separate from personal clothing and effects.

• (3) If changing rooms are not required as referred to in paragraph (1), the operator shall ensure that every person at work is provided with a place to store his or her own clothes and personal effects.

Washing facilities.

• (a) adequate troughs or washbasins having in every case a smooth impervious internal surface,

• (b) adequate and suitable means of cleaning and drying, being either soap and towels or other means, as the case may require, and

• (c) a sufficient supply of hot and cold or warm running water.

• (2) The operator shall ensure that—

• (a) washing facilities provided are conveniently accessible from the accommodation for taking meals and are adequately lighted, properly ventilated and are kept in a clean and orderly condition,

• (b) provision is made for separate washbasins, or separate use of washbasins for men and women when so required for reasons of propriety,

• (c) suitable showers in sufficient numbers are provided for persons at work, if required by the nature of the work or for health reasons,

• (d) provision is made for separate shower rooms or separate use of shower rooms for men and women,

• (e) the shower rooms are sufficiently large to permit each person to wash without hindrance in conditions of an appropriate standard of hygiene and such showers are equipped with hot and cold running water, and

• (f) where the rooms containing showers or washbasins are separate from changing rooms, there is easy access between the two.

Sanitary conveniences.

• (2) The operator shall ensure that—

• (a) every sanitary convenience, other than a convenience suitable only as a urinal, has a proper door fastening and is partitioned off to secure privacy,

• (b) every sanitary convenience required to be provided is sufficiently ventilated and does not communicate with any workroom or mess room except through the open air or through an intervening ventilated space,

• (c) every sanitary convenience is under cover,

• (d) the sanitary conveniences are so arranged as to be conveniently accessible to persons at work at all times while they are at the quarry and are, where practicable, convenient to the washing facilities,

• (e) provision is made for separate sanitary conveniences or separate use of sanitary conveniences for men and women, and

• (f) every sanitary convenience is maintained in a clean and hygienic condition.

Safe access to places where facilities are provided.

• (a) safe means of access and egress is provided and maintained to and from every place at which any facilities provided in accordance with this Part are situated, and

• (b) every such place is made and kept safe for persons using such facilities.

Pregnant women and nursing mothers.

Persons with disabilities.

Rest rooms.

• (a) where necessary, and in particular, where the number of persons at work requires it, they are provided with an easily accessible rest room,

• (b) rest rooms are large enough and equipped with tables, and with seats with backs, adequate for the number of persons at work, and

• (c) if working hours are regularly and frequently interrupted and there is no specific rest room, other rooms are provided in which persons at work can stay during such interruptions, where this is required for their safety or health.

Regulations 2(3) and 13(c).

SCHEDULE 1 QUARRIES SKILLS CERTIFICATION SCHEME

• (a) slinging and signalling;

• (b) telescopic handler operation;

• (c) tractor and dozer operation;

• (d) mobile crane operation;

• (e) crawler crane operation;

• (f) articulated dumper operation;

• (g) site dumper operation;

• (h) 180° excavator operation;

• (i) mini-digger operation — where the person has not been trained in the task referred to at subparagraph (h);

• (j) 360° excavator operation;

• (k) rigid dump truck operation;

• (l) front end loader operation;

• (m) explosives storekeeping;

• (n) shotfiring;

• (o) explosives supervision;

• (p) such other quarrying-related tasks as may be prescribed by the Minister.

• (2) Where it is necessary to gain experience prior to undertaking a programme related to the tasks listed at subparagraph (1) it is permissible for a person to undertake those tasks during the training period required by the programme if—

• (a) the person concerned is at all times under the close personal supervision of a person who is in possession of a current registration card relevant to the task concerned, and

• (b) the person concerned is in possession of an appropriate identification identifying the person as a trainee in the relevant skills and an associated documented log-book recording experience gained in the skill in which the person is undergoing training.

• (a) the relevant FETAC award under the Scheme,

• (b) an equivalent FETAC award, or

• (c) an equivalent award approved by a body in another Member State of the European Communities recognised by FÁS as equivalent to the FETAC award under the Scheme.

Regulation 23(2)(e).

SCHEDULE 2 VEHICLES REQUIRING AUXILIARY DEVICES AND VISUAL AIDS

Machine Type	Reversing and visual aids required
Off-road dump trucks (trailer to rear of driver) — payload greater than 7 tonnes	Reversing alarm and flashing beacon with CCTV or convex mirrors or a combination of both to allow vision from the driver’s seat of all points more than 1 metre high and 1 metre from the machine at each side and at the rear of the driver
Dumpers (front tip) no cab	Reversing alarm and flashing beacon
Dumpers (front tip) with cab	Convex mirrors; reversing alarm and flashing beacon
Wheel loaders (loading shovels), including skid steer loaders	Reversing alarm and flashing beacon with CCTV or convex mirrors or a combination of both to allow vision from the driver’s seat of all points more than 1 metre high and 1 metre from the machine at each side and at the rear of the driver
Backhoe loaders (JCB type machines)	Convex mirrors; reversing alarm and flashing beacon
3600 excavators	Movement alarm and flashing beacon with CCTV or convex mirrors or a combination of both to allow vision from the driver’s seat (without slewing) at all points more than 1 metre high and 1 metre from the machine
Scrapers (bulldozers)	Reversing alarm and flashing beacon with CCTV or convex mirrors or a combination of both to allow vision from the driver’s seat of all points more than 1 metre high and 1 metre from the machine at each side and at the rear of the driver
Tracked type tractors (bulldozers)	Reversing alarm and flashing beacon with CCTV or convex mirrors or a combination of both to allow vision from the driver’s seat (without slewing) at all points more than 1 metre high and 1 metre from the machine at each side and at the rear of the driver
Graders	CCTV, convex mirrors, reversing alarm and flashing beacon
Telescopic handlers	Reversing alarm and flashing beacon with CCTV or convex mirrors or a combination of both to allow vision from the driver’s seat of all points more than 1 metre high and 1 metre from the machine at each side and at the rear of the driver

Regulation 55.

SCHEDULE 3 GEOTECHNICAL ASSESSMENTS

DOCUMENTS AND PARTICULARS TO BE INCLUDED IN GEOTECHNICAL ASSESSMENT

Excavation, tip or lagoon.

Site survey.

• (a) the boundaries of the quarry upon which the excavation, tip or lagoon is or is to be situated,

• (b) the site of the excavation, tip or lagoon,

• (c) any contiguous land or structure that might be affected by the excavation, tip or lagoon,

• (d) buried quarry workings, known cave systems, active or former landslips, springs, artesian wells, watercourses, mine workings (whether in use or not) and other natural or man-made features, including tunnel pipes or culverts that might—

• (i) affect the safety of the excavation, tip or lagoon, or

• (ii) be relevant for the purpose of determining whether quarrying operations can be carried out safely.

This plan shall be contoured, orientated and correlated to the Ordnance Datum Survey National Grid at a vertical interval not greater than 5 metres and marked with squares corresponding to the 100 metre squares shown on Ordnance Survey sheets on the scale of 1:2,500.

Site investigation.

Cross-sections based on site investigation.

• (a) any variation in the thickness, level or character of the superficial deposits and bedrock materials based on the site investigation; and

• (b) the position of any surface, whether natural or man-made, that may affect the safety of the excavation, tip or lagoon.

Plans based on site investigation.

Assumptions made before analysis.

Findings of analysis.

Design coming out of analysis.

• (a) in relation to an excavation, the design of the excavation, including the height or proposed height of the slope, the position and width of any benches and representative contours of the excavation at vertical intervals of not more than 5 metres, and

• (b) in relation to a tip or lagoon, the design of the tip or lagoon, including the area of land covered or to be covered, the gradients of that land, the designed contours at vertical intervals of not more than 2 metres, the side slopes and boundaries of the tip or lagoon and the designed position and nature of construction of any wall or other structure retaining or confining the tip, or lagoon.

Requirements during and after quarrying operations.

Regulation 58.

SCHEDULE 4 AIR RECEIVERS

PARTICULARS TO BE INCLUDED IN REPORT OF EXAMINATION OF AIR RECEIVER

• (a) inaccessible parts (if any) at the time of examination,

• (b) the examination and test made,

• (c) its condition, including particulars of any defect materially affecting the safe working pressure.

• (a) repairs (if any) required,

• (b) the period within which the repairs should be carried out, and

• (c) any other requirements that the person making the examination considers necessary.

• (a) before the expiration of the period specified in paragraph 9(b),

• (b) after the expiration of such period, if the required repairs have not been completed, and

• (c) after the completion of the required repairs.

GIVEN under my hand,

14 February 2008

BILLY KELLEHER.

Minister of State at the Department of Enterprise, Trade and Employment.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations set out requirements with respect to safety, health and welfare in quarries, as defined in Regulation 3, and replace a range of provisions formerly applied in the Mines and Quarries Act, 1965 and in various Regulations made under that Act.

The Regulations also retranspose, in relation to quarries, the relevant provisions of Council Directive 92/104/EEC of 3 December 1992 on the minimum requirements for improving the safety and health protection of workers in surface and underground mineral extracting industries (OJ L404, 31.12.1992, p. 10).

The Regulations come into operation on 1 May 2008, other than Regulations 13(c), 16(b) and Schedule 1, which come into operation on 1 November 2009.

The Regulations apply to all quarries where persons work and set out duties on the owner, operator, manager and employees at a quarry with respect to persons at or in the area immediately surrounding a quarry.

The Regulations—

• (a) in Part 1, which relates to preliminary and general provisions, provide for the commencement of the Regulations, set out various definitions, set out conditions relating to the making of written instructions, rules, operating procedures and schemes, provide for the application of the Regulations and provide that the Safety, Health and Welfare at Work (Extractive Industries) Regulations 1997 ( S.I. No. 467 of 1997 ) do not apply to a quarry as defined in Regulation 3 of these Regulations (Regulations 1 to 5 and Schedule 1),

• (b) in Part 2, which relates to safety and health management—

• (i) set out requirements relating to the appointment of quarry operators, notifications to the Health and Safety Authority and set out general duties on the operator to take the measures necessary to ensure, so far as is reasonably practicable, that the quarry can be worked without risks to safety, health and welfare (Regulations 6, 7, 8 and 9),

• (ii) apply duties on the operator with respect to establishing a management structure and preparing a safety statement (Regulations 10 and 11),

• (iii) set out the co-ordination role of a common operator appointed under Regulation 6, require the operator to ensure that workers are competent (including Quarries Skills Certification) and that instructions, rules and operating procedures designed to secure safety, health and welfare are in place (Regulations 12, 13 (and Schedule 1) and 14),

• (iv) set out requirements regarding permits to work, duties of persons at work, consultation with safety representatives and employees and record keeping (Regulations 15, 16, 17 and 18),

• (c) in Part 3, which relates to general safety provisions, require the operator to—

• (i) prepare a written scheme for the systematic inspection maintenance and, where appropriate, testing, of the quarry, buildings and plant and equipment (Regulation 19),

• (ii) take specified measures with regard to safety equipment, benches and haul roads, safeguarding edges of excavations and lagoons, vehicles and traffic rules, danger areas, traffic routes, outdoor workstations, protection from falling objects and provision of safety helmets and prevention of drowning (Regulations 20, 21, 22, 23 (and Schedule 2), 24, 25, 26, 27 and 28),

• (iii) ensure that there are adequate escape and rescue facilities at a quarry (Regulation 29),

• (iv) ensure that regular safety drills are held (Regulation 30),

• (v) control the risk of fires or explosions and take specified safety measures regarding danger areas and explosive or harmful atmospheres and ensure that adequate emergency lighting is provided (Regulations 31, 32 and 33),

• (vi) apply precautions towards the prevention of unauthorised entry to a quarry including, where appropriate, the provision of barriers (Regulation 34),

• (d) in Part 4, which relates to safety provisions for ancillary activities and installations, as regards places of work as defined in Regulation 35, intended to house workstations at a quarry, set out requirements relating to stability and solidity, floors, walls and ceilings of rooms, room dimensions, air space in rooms and freedom of movement at workstations, windows and skylights, doors and gates, ventilation of enclosed places of work and temperature in rooms (Regulations 36, 37, 38, 39, 40, 41 and 42),

• (e) in Part 5, which applies to the storage, transport and use of explosives—

• (i) require the operator to appoint a competent explosives supervisor and competent shotfirers and storekeepers (Regulation 44),

• (ii) require the operator to ensure the safe storage, transport, use and disposal of explosives (Regulation 45),

• (iii) require the operator to ensure that suitable shotfiring rules are drawn up and followed (Regulation 46),

• (iv) require the operator to ensure that an adequate written blast specification is prepared for each shotfiring operation at a quarry and to ensure that shotfiring operations and trainee shotfirers are closely supervised and that records of shotfiring operations at a quarry are made and kept available for inspection (Regulations 47 and 48),

• (v) apply duties on the explosives supervisor and the shotfirer (Regulation 49),

• (vi) require the operator to take specified steps in relation to misfires (Regulation 50),

• (vii) prohibit persons at a quarry from doing specified activities in relation to explosives (Regulation 51),

• (f) in Part 6, which relates to excavations, including quarry faces, tips and lagoons, require the operator to—

• (i) ensure that excavations, tips and lagoons are designed, constructed, operated and maintained so as to ensure safety and health and that safe operating procedures are in place in respect of excavations, tips and lagoons (Regulations 52 and 53),

• (ii) ensure that all proposed or existing excavations, tips or lagoons are appraised by a competent person and, where required, subjected to a geotechnical assessment; that specified records are made and that remedial work is undertaken and that excavations, tips and lagoons are subject to further geotechnical assessments at specified intervals and in specified circumstances (Regulations 54 and 55 and Schedule 3),

• (g) in Part 7, set out requirements relating to safety precautions, safe working pressures and the maintenance and examination of air receivers (Regulations 56, 57 and 58 and Schedule 4),

• (h) in Part 8, which relates to general health hazards—

• (i) require the operator to ensure that appropriate preventive measures are taken to prevent the exposure of persons at work to harmful chemical, physical or biological hazards at a quarry and that persons working outdoors at a quarry are protected against adverse atmospheric conditions (Regulations 59 and 60),

• (ii) require the operator to ensure that waste in respect of the quarry is not destroyed, or otherwise disposed of in a manner liable to be injurious to safety and health and that appropriate measures are in place at a quarry to prevent danger to health from the exhaust gases from stationary internal combustion engines (Regulations 61 and 62),

• (iii) where an employer at a quarry makes health surveillance available to persons at work in accordance with section 22 of the Safety, Health and Welfare at Work Act 2005 , requires the employer to ensure that such health surveillance is made available before those persons are assigned to particular work activities in the quarry (Regulation 63).

• (i) in Part 9, concerning welfare matters, apply duties on the operator with respect to shelters and accommodation for clothing and taking meals, changing rooms and lockers, washing facilities, sanitary conveniences, safe access to places where facilities are provided, pregnant women and nursing mothers, persons with disabilities and rest rooms (Regulations 64, 65, 66, 67, 68, 69, 70 and 71).

A separate Order — the Safety, Health and Welfare at Work Act 2005 (Quarries) (Repeals and Revocations) (Commencement) Order 2008 — from 1 May 2008 activates the repeal or revocation of certain provisions of the Mines and Quarries Act, 1965 and Statutory Instruments made under that Act, as provided for in sections 1(2) and 4(2) of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005), so as to avoid overlapping or duplication between those provisions and provisions of these Regulations.

Footnotes