S.I. No. 133/2018 - Safety, Health and Welfare at Work (Mines) Regulations 2018

ARRANGEMENT OF REGULATIONS

PART 1 PRELIMINARY AND GENERAL

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2.

3.

4.

5.

PART 2 SAFETY AND HEALTH MANAGEMENT

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8.

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PART 3 INSPECTION AND SUPERVISION

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PART 4 ROADWAYS AND VEHICLES

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PART 5 VENTILATION

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PART 6 STABILITY AND GROUND SUPPORT

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51.

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57.

PART 7 EXPLOSIVES

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PART 8 ELECTRICITY

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73.

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PART 9 ACCESS, EGRESS AND EMERGENCY PLANNING

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86.

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90.

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98.

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100.

101.

102.

103.

PART 10 PREPARATION OF MINE PLANS

104.

105.

106.

107.

108.

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PART 11 PROVISIONS RELATING TO HOISTING SYSTEMS

110.

111.

112.

113.

PART 12 PROVISION FOR PARTICULAR RISKS AT MINES

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115.

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118.

119.

120.

PART 13 SAFETY PROVISIONS FOR ANCILLARY SURFACE INSTALLATIONS

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125.

126.

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PART 14 HEALTH

129.

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133.

PART 15 WELFARE

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141.

SCHEDULE 1 NOTIFICATIONS TO AUTHORITY

SCHEDULE 2 INSPECTION REPORT FORMS

SCHEDULE 3 GEOTECHNICAL ASSESSMENTS

S.I. No. 133 of 2018

SAFETY, HEALTH AND WELFARE AT WORK (MINES) REGULATIONS 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st May, 2018.

I, Pat Breen, Minister of State at the Department of Business, Enterprise and Innovation, in exercise of the powers conferred on me by section 58 of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005), (as adapted by the Jobs, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2017 ( S.I. No. 364 of 2017 )) and the Business, Enterprise and Innovation (Delegation of Ministerial Functions) Order 2017 ( S.I. No. 569 of 2017 ), and for the purpose of giving further effect to Council Directive 92/104/EEC of 3 December 1992¹ , after consultation with the Health and Safety Authority, hereby make the following regulations:

PART 1 PRELIMINARY AND GENERAL

Citation and commencement

• (2) These Regulations shall come into operation on 30 April 2018.

Interpretation

“Act of 2005” means the Safety, Health and Welfare at Work Act 2005 (No.10 of 2005);

“Act of 1875” means the Explosives Act 1875 (38 & 39 Vict.) c. 17;

“ANBI” means a substance assigned for the time being as ammonium nitrate blasting intermediate in accordance with U N Recommendation 3375 (being one of the UN Recommendations);

“ancillary surface installation” means any surface installation housing a workstation which is essential to the operation of an underground mine and includes facilities for crushing, screening and sizing processes, surface stores and magazines, surface ventilation fan installations and airlocks, tailings management facilities, stockpiles and tips, but excludes facilities for milling of ore, chemical or thermal processing of ore, surface workshops or offices;

“ANFO” means an explosive material consisting of ammonium nitrate and fuel oil;

“appoint” means appoint a person in writing to perform the duties to which the appointment relates;

“Authority” means the Health and Safety Authority;

“auxiliary fan” means a fan used or intended to be used below ground in a mine wholly or mainly for ventilating a heading, drift or blind end;

“blasting explosive” means a mixture intended for blasting consisting substantially of inorganic nitrates and carbonaceous combustibles in which none of the ingredients is an explosive and which, when unconfined is not cap sensitive;

“blind end” means a short roadway in a mine extending no further than 15 metres;

“breathing apparatus” means apparatus of such a character that it supplies all the requirements of respiration by itself and is independent of the surrounding atmosphere;

“cap sensitive” means an explosive which gives a positive result when tested in accordance with the edition for the time being of the test known as the Series 5(a) test of the Manual of Test and Criteria, supporting the UN Recommendations;

“charge” means explosive which may be initiated by a single detonator or a blasting explosive which may be initiated by a combined primer and detonator;

“conductor” means a conductor of electrical energy;

“detonator” means an initiator for explosives that contains a high explosive initiated by means of a flame, spark, electric current or shock tube;

“detonator reserve station” means a suitable place below ground used exclusively for the storage of detonators which shall be a safe distance away from any other store, magazine or reserve station;

“detonator store” means a store used exclusively for the storage, in bulk, of detonators which shall be apart from any other store, magazine or reserve station;

“disused workings” means a place at a mine where extraction of mineral has ceased or been abandoned and in respect of which the mine owner has no immediate plans to recommence the extraction of mineral;

“drift” has the same meaning as “heading”;

“electrical equipment” includes any conductor or electric cable and any part of any machine, apparatus or appliance, intended (in any case) to be used or installed for use for the generation, transformation, conversion, switching, controlling, regulating, rectification, storage, transmission, distribution, provision, measurement or use of electrical energy;

“electrical installation” means an assembly of associated electrical equipment fulfilling a specific purpose or purposes and having coordinated characteristics;

“excavation” means any place at a mine where minerals or their surrounding materials are being or have been extracted and includes the roof, floor, faces or sides of that place;

“exploder” means a device designed for firing detonators;

“explosive” means an explosive within the meaning of the Act of 1875 and includes any explosive article or substance which would—

• (a) if packaged for transport, be classified in accordance with the UN Recommendations as falling within Class 1, or

• (b) be classified in accordance with the UN Recommendations as—

• (i) being unduly sensitive or so reactive as to be subject to spontaneous reaction and accordingly too dangerous to transport, and

• (ii) falling within Class 1;

“explosive substance” means a solid or liquid substance (or a mixture of those substances) that is, by itself, capable by chemical reaction of producing gas at such temperature, pressure and speed as could cause damage to its surroundings;

“explosives vehicle” has the meaning assigned to it by Regulation 60;

“fresh air base” has the meaning assigned to it by Regulation 100;

“gas” includes fume or vapour;

“General Application Regulations” means the Safety, Health and Welfare at Work (General Application) Regulations 2007 ( S.I. No. 299 of 2007 );

“geotechnical assessment” has the meaning assigned to it by Regulation 51;

“geotechnical specialist” means a professional engineer or geologist who is competent to perform a geotechnical assessment under Part 6;

“heading” means a horizontal or inclined underground opening to facilitate the working of the mine;

“hoistman” has the meaning assigned to it by Regulation 110;

“hoisting rules” has the meaning assigned to it by Regulation 111;

“inspection” means an inspection by a competent person which shall be visual, or more rigorous than visual, as the competent person shall have determined as being appropriate;

“intake airway” means an excavation below ground through which fresh air is drawn or forced into a mine or a section of a mine;

“lagoon” means any natural or artificial pond or tailings management facility pond (including any water-filled excavation) used in connection with mining operations and includes—

• (a) such a pond that treats waste water utilising sunlight, bacterial action and oxygen to purify that water, and

• (b) a place at a mine where waste water, sludge, tailings and liquid waste accumulate or are stored;

“locomotive” means a mechanically propelled vehicle running on rails, constructed or used for hauling other vehicles;

“magazine” means a magazine licensed under section 8 of the Act of 1875;

“mechanically propelled vehicle” means a wheeled or tracked mechanically driven mobile plant (including mobile plant used for the loading, transporting or haulage of minerals or materials or for the carriage of persons) which forms part of the equipment of the mine and does not include a locomotive;

“mine” has the meaning assigned to it by Regulation 3;

“mine manager” means an individual appointed under Regulation 10;

“minerals” means any natural deposit, including stone, slate, clay, gravel and sand, and includes products of minerals, but does not include petroleum within the meaning of Part II of the Petroleum and Other Minerals Development Act 1960 (No. 7 of 1960) or peat;

“mine owner” means, in relation to a mine, the person for the time being entitled to work it;

“misfire” means an occurrence in relation to the firing of shots where—

• (a) testing before firing reveals broken continuity which cannot be rectified, or

• (b) a shot or any part of a shot fails to explode when an attempt is made to fire it;

“operator”, in relation to a mine, means a person who has been appointed under Regulation 6;

“orepass” means a short shaft through which minerals are passed for purposes of loading at a lower level of a mine;

“outlet” means an opening from underground in a mine to the surface;

“place of transfer” means a safe and secure place on the surface, designated by the operator for the transfer of explosives and ANBI from delivery vehicles to explosives vehicles for immediate conveyance to an underground store, magazine, or reserve station or working area for immediate use;

“public road” has the meaning assigned to it by the Roads Act 1993 ;

“raise” means a vertical or inclined shaft which is excavated from below;

“refuge station” has the meaning assigned to it by Regulation 95;

“reserve station” means a suitable place below ground for the issue, return and temporary storage of explosives or ANBI, which is situated at a safe distance away from any other store, magazine or reserve station;

“rescue plan” has the meaning assigned to it by Regulation 101;

“rescue team” has the meaning assigned to it by Regulation 96;

“retraining” means the acquisition of necessary skills in one or more operations concerned with the operation of a mine by a person who has undergone previous training in such operation or operations;

“return airway” means an excavation below ground where the air contained within has passed through one or more working faces;

“roadway” means a road below ground in a mine in which persons travel or in which vehicles, including locomotives, operate and includes part of a road but does not include an unwalkable outlet;

“scheme of transit” has the meaning assigned to it by Regulation 60;

“self rescue respiratory device” means a device which enables a person to withdraw in safety from a place where there is a toxic or irrespirable atmosphere;

“shaft” includes a staple-pit, orepass, raise or any similar excavation (whether sunk or in the course of being sunk);

“shiftboss” means a person who is appointed as a shiftboss at a mine under Regulation 15;

“shot” means a single shot or a series of shots fired as part of one blast;

“shotfirer” means a person appointed under Regulation 59;

“shotfiring operations” includes any of the following:

• (a) checking to ensure that the blast specification is still appropriate for the site conditions at the time the blasting is to take place;

• (b) checking the geometry of shotholes;

• (c) mixing explosives, including the manufacture of blasting explosives by blending ANBI and a sensitiser;

• (d) priming a cartridge;

• (e) charging and stemming a shothole, includes pumping mixed ANFO, ANBI and a sensitiser, into shotholes using underground pumping units;

• (f) linking or connecting a series of shots;

• (g) withdrawing and sheltering of persons;

• (h) inspecting and testing a shotfiring circuit;

• (i) firing a shot;

• (j) checking for misfires;

• (k) destroying surplus explosives;

“shotfiring rules” means rules prepared under Regulation 62;

“staple-pit” means a short shaft used for storage of minerals;

“stope” means an excavation, made in a mine to remove minerals, which has been rendered accessible by the development of shafts and drifts;

“store” means a store licensed under section 15 of the Act of 1875;

“storekeeper” means a person appointed under Regulation 59;

“surveyor” has the meaning assigned to it by Regulation 104;

“tip” means an accumulation or deposit of minerals used in connection with mining operations and includes—

• (a) overburden dumps, backfills, spoil heaps, stockpiles and any wall or structure that retains or confines a tip, and

• (b) a tip that had been used during previous mining operations and from which minerals are being extracted for further use or for sale;

“UN Recommendations” means the recommendations for the time being prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods;

“unwalkable outlet” means an outlet through which, owing to the gradient thereof or of any part thereof, (whether alone or in combination with other circumstances), a person cannot walk with reasonable convenience;

“ventilation plan” means the ventilation plan prepared under Regulation 105 (2);

“ventilation rules” means rules prepared under Regulation 47;

“winding apparatus” means apparatus for lowering and raising loads through a mine shaft;

“working area” means all of the places of work below ground in a mine in which workers in the charge of a shiftboss are deployed by him or her for the performance of their duties (including an area of responsibility or district, where arrangements are in place at the mine to delineate such areas of responsibility or districts) and includes any immediate means of access or egress thereto;

“working face” means a place where mineral is won from a mine;

“working plan” means the working plan prepared under Regulation 105(3);

“workstation” means any location at a mine where work or work-related activities are undertaken.

• (2) Any diagrams, drawings, instructions, operating procedures, plans, reports, rules or schemes (other than plans, records, reports or other particulars specified in Schedule 3 for the purposes of a geotechnical assessment) required to be prepared under these Regulations, shall be so prepared for the purposes of informing a person working in a mine what is required of them for the proper performance of the work and shall be—

• (a) in writing, and

• (b) made available to the person working in the mine.

• (3) In these Regulations, a reference to diagrams, drawings, instructions, operating procedures, plans, reports, rules or schemes (other than UN Recommendations) being prepared in relation to a mine includes, subject to Regulation 105 (3) in so far as it relates to working plans, a reference to their being reviewed or amended as the development or operation of the mine progresses, or for such other purpose as the person responsible for that preparation considers appropriate.

• (4) A word or expression that is used in these Regulations and is also used in Council Directive 92/104/EEC of 3 December 1992¹ has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Directive.

Mine

• (a) an excavation or system of excavations made for the purpose of or in connection with the underground extraction of minerals;

• (b) ancillary surface installations including the preparation of minerals so extracted for sale, other than the activity of any manufacturing process of those materials;

• (c) any tip or lagoon used in connection with the extraction of minerals from the mine;

• (d) any railway or siding at the mine used in connection with the extraction of minerals from the mine;

• (e) any road on the surface of the mine, other than a public road, used in connection with the extraction of minerals from the mine;

• (f) any conveyor, pipeline or means of conveyance, other than by transport on a public road, used for extraction of minerals or transport of waste materials to a tip, stockpile or lagoon.

Application

• (2) These Regulations shall not apply to a mine in relation to which—

• (a) notice of permanent cessation of mining operations has been given to the Authority under Regulation 8, and

• (b) all work relating and incidental to that cessation has been completed, including work for the purpose of preventing unauthorised entry into the mine and the escape from that mine of water or other substance that flows when wet.

• (3) In relation to a mine, these Regulations apply in addition to, and not in substitution for, the relevant statutory provisions.

Amendment of Safety, Health and Welfare at Work (Extractive Industries) Regulations 1997

“Non-application to mines

3B.Notwithstanding Regulations 2(1) and 3, these Regulations shall not apply to a mine within the meaning of the Safety, Health and Welfare at Work (Mines) Regulations 2018.”.

PART 2 SAFETY AND HEALTH MANAGEMENT

Appointment of operator

• (2) Where the mine owner is an individual who is competent to perform the functions of an operator under these Regulations, he or she may appoint himself or herself to be the operator of the mine.

• (3) Where the mine owner appoints another person to be the operator of the mine under paragraph (1), both parties shall sign the record and the mine owner shall provide a copy of the signed record to the operator.

• (4) The original record and a signed copy of it shall be kept by the mine owner and the operator, respectively, for a period of 6 years from the termination of the operator’s appointment as operator of the mine.

• (5) The mine owner shall provide the operator with any relevant information available to him or her, which might affect the safety, health and welfare of persons at work at the mine.

Appointments before commencement of mining operations

Notifications to Authority

• (a) his or her appointment as an operator;

• (b) the appointment of a mine manager or a temporary mine manager where there is an unplanned absence of the mine manager;

• (c) the commencement of mining operations;

• (d) the permanent cessation of mining operations.

• (2) A notice under paragraph (1) shall be in the Form MR 1 specified in Schedule 1.

• (3) In respect of any of the following dangerous occurrences at a mine, the operator shall, unless paragraph (4) applies, as soon as practicable following the occurrence notify, and in any case not later than 10 working days following that occurrence give notice in writing to, the Authority:

• (a) a gas, other than gas in a safety lamp or other controlled use, or dust is ignited below ground;

• (b) a fire breaks out below ground;

• (c) a person, in consequence of smoke or any other indication that a fire may have broken out below ground, has been caused to leave any working area;

• (d) a fire breaks out on the surface endangering the operation of—

• (i) any winding or haulage apparatus installed either at or in a shaft of the mine or at or in an unwalkable outlet from the mine, or

• (ii) any mechanically operated apparatus for producing ventilation below ground in the mine;

• (e) there is a violent outburst of gas, or solid matter into the mine workings which is not caused intentionally;

• (f) there is an inrush of noxious or flammable gas with the potential to injure;

• (g) there is an inrush of water, unintended release of backfill or the inrush of any material which flows;

• (h) a rope, chain, coupling or other gear of similar kind, by means of which persons are carried through a shaft or unwalkable outlet, breaks;

• (i) a rope, chain, coupling or other gear of similar kind, used for the transport of persons below ground, breaks;

• (j) a cage used for the carriage of persons is overwound while being so used;

• (k) a cage not being used for the carriage of persons is overwound and becomes detached from its winding rope;

• (l) a cage operated by means of the friction of a rope on a winding sheave is brought to rest by the apparatus provided for bringing the cage to rest in the event of its being overwound (such apparatus being sited either in the headframe of the relevant shaft or in the part of such shaft which is below the lowest landing for the time being in use);

• (m) any ventilating apparatus breaks down thereby causing a substantial reduction in the ventilation of the mine causing a risk or potential risk to the safety, health or welfare of a person;

• (n) any headframe, winding engine house, screen house, or tippler house collapses;

• (o) breathing apparatus, a smoke helmet, self-rescuer or other apparatus serving the same purpose, while being used, fails to function safely or develops a defect likely to affect its safe working;

• (p) immediately after using and arising out of the use of apparatus referred to in subparagraph (o) a person receives first aid or medical treatment at the mine for resulting unfitness or suspected resulting unfitness;

• (q) an unintentional ignition or explosion of ANBI;

• (r) a person, as a result of an explosion or discharge of any blasting material or device, suffers bodily injury and receives first aid or medical treatment at the mine;

• (s) there is any movement of material, a fire or any other event indicating either that an accumulation or deposit of refuse, or that a settling pond forming part of the mine, is unstable or is likely shortly to become unstable;

• (t) the uncontrolled movement, collision or runaway of any vehicle;

• (u) any accidental collision between a locomotive or a train or other vehicle;

• (v) a fall of ground causing a risk or potential risk to the safety, health or welfare of a person.

• (4) No notice of a dangerous occurrence referred to in paragraph (3) is required under that paragraph where there is a requirement under the General Application Regulations to furnish a report to the Authority of the dangerous occurrence by reason of a death or injury having occurred.

• (5) A notice under paragraph (3) shall be in the Form MR2 specified in Part 2 of Schedule 1.

General duties of operator

(a)(i) the mine is designed, constructed, equipped, commissioned, operated and maintained, and

• (ii) any machinery, tool or other article used at work there is, as appropriate, selected, designed, constructed, installed, equipped, commissioned, protected, operated and maintained,

in such a way that persons at work can perform the work assigned to them without endangering the safety, health and welfare of themselves or others,

• (b) if any of the articles referred to in subparagraph (a) (ii) is located in an area of the mine within which risk of fire or explosion from ignition of gas, vapour or volatile liquid exists, or is likely to exist, that article is—

• (i) suitable for use in that particular area, and

• (ii) if necessary, fitted with suitable protective devices and fail-safe systems,

• (c) mechanical equipment and plant at the mine are of adequate strength and free from patent defect and suitable for the purpose for which they are intended, and

• (d) electrical equipment and plant at the mine are of sufficient capacity for the purpose for which they are intended.

• (2) The operator shall ensure that—

• (a) all work is planned and carried out taking into account the elements of the safety statement that concern the risks of falls, movements or slips of ground and, in particular, that—

• (i) the mine, including working faces, excavations and other areas, is designed and laid out as appropriate to the nature and stability of the ground and the methods of working,

• (ii) mine workings, pillars, and haul roads are stable enough for the plant used and are constructed and maintained in such a way that plant can be moved safely,

• (iii) before the start or restart of work, that the roofs, floors and sides of work areas and haul roads are checked for loose ground or rocks and scaling is carried out where necessary, and

• (iv) excavations and tips are not worked in such a way that instability is created,

• (b) all activities at the mine are organised so—

• (i) as to provide adequate protection against hazards, and

• (ii) as not to endanger the safety and health of persons at work,

• (c) workstations are designed and constructed according to ergonomic principles taking into account the need for persons at work to perform their work safely and without risk to health at their workstations,

• (d) a sufficient number of persons with the requisite competence to perform the tasks assigned to them are present,

• (e) where a workstation is occupied by a person on his or her own, the necessary supervision or means of communication is provided, and

• (f) in the event of the permanent cessation of mining operations, the mine is left, so far as is reasonably practicable, in a safe condition.

• (3) The operator shall ensure that adequate safety equipment is maintained in good working order and ready for use at all times and shall require that such maintenance is undertaken with due regard to ongoing activities.

• (4) In this Regulation “haul road” means a road designed and built to carry heavily loaded trucks or equipment.

Management structure

• (a) shall appoint

• (i) a person who is competent to perform the functions of a mine manager to be the mine manager, or

• (ii) where he or she is competent to perform the functions of a mine manager, himself or herself to be the mine manager, and

• (b) shall appoint a person (including, where he or she is competent to perform the functions of a mine manager, himself or herself) who is competent to perform the functions of the mine manager to be the temporary mine manager where there is an unplanned absence of the mine manager.

• (2) The operator shall appoint shotfirers and trainee shotfirers.

• (3) The operator shall appoint an adequate number of shiftbosses, supervisors, officials, engineers, technicians and other competent persons—

• (a) to enable the mine to be inspected, operated and managed safely and in accordance with the safety statement,

• (b) to supervise persons under their control at work at the mine,

• (c) to supervise persons engaged in work activities involving serious risk to safety and health as identified in the safety statement, and

• (d) to visit workstations occupied by persons under their control at the mine at least twice during an 8 hour working period or such other frequency specified in the safety statement.

• (4) A mine manager shall—

• (a) manage the operation of the mine at all times when persons are working in the mine,

• (b) other than where the mine manager is the operator, advise the operator as to compliance with the requirements of the relevant statutory provisions, and

• (c) exercise a general supervision of the compliance with those requirements and the promotion of the safe conduct of work generally.

• (5) The operator shall ensure that the management structure is regularly reviewed and shall where necessary, particularly if the mine undergoes significant changes (including natural changes), extensions or conversions, revise the management structure.

• (6) The operator shall ensure that each person who is part of the management structure at the mine is provided with the part or parts of the safety statement that describes the person’s authority and function.

General duties of mine manager

• (a) manage and control all work activities at the mine, either directly or through his or her appointed shiftbosses, supervisors and other officials,

• (b) discharge any duties given to him or her by the operator,

• (c) ensure compliance with all instructions, rules and operating procedures relating to the mine prepared by the operator,

• (d) ensure that self-rescue respiratory devices are provided where necessary to each person employed below ground,

• (e) ensure compliance with the systems of workforce accounting referred to in Regulation 90, and

• (f) appoint a competent person or persons to act, as necessary, as substitute manager for any planned periods of his or her absence from the mine.

• (2) In performing his or her functions under these Regulations, the mine manager shall comply with, and shall require all other persons working at the mine to comply with all instructions, rules and operating procedures at the mine prepared by the operator.

Safety statement

• (a) management structure and appointments referred to in Regulation 10 setting out the duties and responsibilities of each person in the management structure,

• (b) mines training scheme required under Regulation 14,

• (c) operating procedures and instructions required under Regulation 17(a), relating to the safety and health of persons at work at the mine in both normal and critical situations there,

• (d) system of permits to work, if required under Regulation 18,

• (e) inspection, maintenance and testing schemes prepared under Regulation 23,

• (f) vehicles and traffic rules prepared under Regulation 35,

• (g) operating procedures for excavations, tips and lagoons prepared under Regulation 49,

• (h) conclusions of any appraisal, site investigation or geotechnical assessment of an excavation, tip or lagoon under Regulation 50 or 51,

• (i) ground support rules prepared under Regulation 57,

• (j) shotfiring rules,

• (k) instructions concerning use of emergency equipment prepared under Regulation 83(c),

• (l) details of a fire protection plan including the means of escape referred to in Regulation 83 and communications and warnings referred to in Regulation 84,

• (m) hoisting rules, and

• (n) arrangements for health surveillance under Regulation 131.

• (2) In addition to the matters referred to in paragraph (1), the safety statement shall, where appropriate, also include—

• (a) a plan detailing the equipment and measures required to protect persons at work at the mine from the risk of explosion or fire in accordance with Regulations 85 and 86(1),

• (b) where toxic gases are or may be present in the atmosphere at the mine in such concentration that the atmosphere may be harmful to the health of persons at work, a plan detailing the protective equipment and measures required to protect persons at work at the mine from the harmful atmosphere in accordance with Regulation 86(2), and

• (c) a diagram of the mine indicating those areas in respect of which plans referred to in subparagraph (a) or (b) apply.

• (3) The operator shall ensure that—

• (a) all measures required under the safety statement to be taken are taken,

• (b) any plans included in the safety statement are followed, and

• (c) each person in the management structure referred to in Regulation 10 shall perform the duties assigned to him or her in the safety statement so as to protect the safety, health and welfare of persons at work at the mine.

Co-ordinated measures

• (2) Every employer of persons at work at a mine and every person at work at a mine shall co-operate with the mine operator to the extent necessary to enable the mine operator to comply with the relevant statutory provisions.

Mines training scheme, safety induction instruction and competence

• (a) a training scheme is prepared for the mine, in this Regulation referred to as a “mines training scheme”,

• (b) a training officer is appointed to oversee the implementation of the mines training scheme,

• (c) a record is kept by the training officer, in accordance with Regulation 22, of the implementation of the mines training scheme, training, any re-training given and the issue of each certificate of appointment to each person employed at the mine,

• (d) any person undertaking work at the mine—

• (i) has received appropriate site-specific safety induction instruction,

• (ii) is either competent to do that work, or does it under the instruction and supervision of some other person who is competent to give instruction in, and supervise the doing of, that work for the purpose of training that person,

• (iii) has been given the necessary training or re-training in accordance with the mines training scheme, and

• (iv) shall be entitled at all reasonable times to inspect his or her personal training record.

Appointment of shiftboss

• (a) has not less than three years appropriate practical underground experience in one or more mines,

• (b) is an occupational first aider (within the meaning of Regulation 163 of the General Application Regulations),

• (c) has received training in shotfiring operations, and

• (d) is competent to perform his or her duties.

• (2) The operator shall not assign additional duties to a shiftboss that would prevent him or her from carrying out his or her duties under Regulation 16.

Duties of shiftboss

• (a) manage and control all workers and all work activities within his or her working area or assigned area of responsibility,

• (b) discharge any duties given to him or her by the operator,

• (c) comply with all instructions, rules and operating procedures relating to the mine prepared by the operator,

• (d) within 2 hours immediately before the commencement of work in any part of his or her working area, perform or have performed by a competent person an inspection of the working area to ascertain—

• (i) the adequacy of ventilation,

• (ii) the presence of toxic gases,

• (iii) the stability of roofs, floors and sides, and

• (iv) general safety,

• (e) ensure, where there is or there has been continuous working in any part of their working area, that an inspection required under subparagraph (d) shall be made at intervals not exceeding twelve hours,

• (f) immediately following any inspection required under subparagraph (d), make a written record of that inspection,

• (g) visit or cause to have visited all working areas where persons under his or her immediate charge and direct supervision are carrying out work at intervals not exceeding four hours,

• (h) accurately ascertain, during the working period of persons under his or her immediate charge and direct supervision—

• (i) the presence of noxious gases at every place of work within his or her working area which is required to be ventilated, and

• (ii) the condition of the ventilation to determine if it is safe and without risk to persons employed thereat;

• (i) where a place of work is found to be for the time being hazardous by reason of the presence of gas, instability of roofs, floors or sides or from any other hazard—

• (i) fence off or cause the place of work to be fenced off at each approach as to prevent any person from accidentally entering it,,

• (ii) clearly mark or cause each fence to be clearly marked with an appropriate sign, and,

• (iii) give details of the observed hazards in the general inspection report,

• (j) where not less than two means of egress from a working area or from any place of work therein are required, forthwith make himself or herself, all persons entering there and all persons assigned to him or her acquainted with each means of egress,

• (k) instruct that the use of machinery, apparatus or equipment which is found by him or her or reported to him or her to be in an unsafe condition is stopped,

• (l) ensure that at the end of his or her working period, all places of work where persons in his or her immediate charge are or have been working are left in a safe condition or fenced off so as to prevent inadvertent access and included in the general inspection report if required under subparagraph (i),

• (m) make, within one hour after the conclusion of their working period a written record of the work carried out by all persons under his or her immediate charge and the times of inspection or visits to them on a general inspection report,

• (n) on the conclusion of his or her working period, provide the oncoming shiftboss with all relevant information necessary for the safety and health of persons who will be employed in any working area that he or she has inspected during the course of that period,

• (o) provide, in an appropriate manner and by appropriate means all relevant information necessary for the safety and health of the persons who will be employed in any working area referred to in the inspection reports he or she prepares under these Regulations, and

• (p) prior to the commencement of any work, acquire from the vacating shiftboss all relevant information necessary for the safety and health of persons who will be employed in any place of work under his or her control and read the vacating shiftboss’s inspection reports prepared under these Regulations that relate to places of work where persons in his or her immediate charge may be carrying out work.

• (2) In performing his or her functions the shiftboss shall comply with, and shall require all other persons working at the mine to comply with all instructions, rules and operating procedures relating to the mine prepared by the operator.

(3)(a) The information required under paragraph (1)(f) shall be recorded in the Form MR3 specified in Part 1 of Schedule 2.

• (b) In this Regulation, a “general inspection report” means a report which shall contain information required under subparagraph (i)(iii), (l) or (m) of paragraph (1) and which shall be recorded in the Form MR4 specified in Part 2 of Schedule 2.

Instructions, rules and operating procedures

• (a) written instructions specifying rules to be observed and operating procedures are in place at the mine with a view to securing the safety and health of persons at work and the safe use of work equipment,

• (b) all instructions, rules and operating procedures required under these Regulations relating to the mine are kept at the mine and given to any person at work at the mine to whom they apply, and

• (c) all reasonable measures are taken in order that each person at work at the mine understands the instructions, rules and operating procedures required under these Regulations relating to the mine that apply to that person.

Permits to work

• (a) where necessary, based on an assessment of the risks, a system of permits to work is in place at the mine for the carrying out of—

• (i) hazardous activities, and

• (ii) activities which, when carried out in conjunction with other activities, may cause serious risks to the safety, health and welfare of persons at work,

and

• (b) issue, or cause a permit to work referred to in paragraph (a) to be issued by a competent person before the particular activity concerned commences, which specifies the conditions to be fulfilled and protective measures to be taken before, during and after the carrying out of the activity.

Duties of persons at work at a mine

• (a) comply with instructions, rules, schemes, plans and operating procedures prepared under these Regulations, and

• (b) keep any self-rescue respiratory device provided to him or her within his or her reach at all times when below ground.

Mine safety representative

• (2) The operator shall ensure that a mine safety representative, for the purposes of performing functions relating to safety, health and welfare at a mine, is provided with access to—

• (a) risk assessments carried out under section 19 of the Act of 2005,

• (b) any information relating to accidents and dangerous occurrences required to be reported under the relevant statutory provisions, and

• (c) any information, arising from protective and preventive measures taken under the relevant statutory provisions, or provided by—

• (i) the Authority,

• (ii) a person prescribed under section 33 of the Act of 2005, or

• (iii) a person referred to in section 34(2) of the Act of 2005.

Consultation

• (a) the operator and employers,

• (b) employees and other persons at work, and

• (c) the safety representatives,

in order to promote and develop measures for protecting the safety, health and welfare of persons at work at the mine and to monitor the effectiveness of such measures.

Record keeping

• (a) every diagram, drawing, instruction, operating procedure, plan, report, rule or scheme required to be prepared under a provision of these Regulations, is kept in an appropriate form, at the mine or other suitable place, and

• (b) a copy of the written statement of duties of all persons appointed at the mine under these Regulations is kept at the mine or other suitable place for at least one year from the date of termination of the person’s employment.

• (2) Where, under these Regulations a document referred to in paragraph (1)(a) is required to be prepared, it is sufficient compliance with the requirement if the operator and, where appropriate, other persons concerned—

• (a) prepare the document by electronic means,

• (b) duly authenticate it as soon as is practicable after it is made, and

• (c) maintain the document by electronic means.

• (3) The operator shall ensure that when mining operations have permanently ceased at the mine the records referred to at paragraph (1)(a) are kept for a period of 6 years, unless otherwise required by these Regulations relating to a particular class of record—

• (a) at the address (or principal address) at which the person carries on business or (if there is no such address) the address at which the person ordinarily resides, or

• (b) if—

• (i) a company (formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act) at its registered office, or

• (ii) another body corporate or unincorporated body, at its business or principal place of business.

PART 3 INSPECTION AND SUPERVISION

Inspection, maintenance and testing schemes

• (a) that suitable schemes are prepared, for the systematic inspection, maintenance and, where appropriate, testing of—

• (i) all parts of the mine,

• (ii) all travelling routes, airways or roadways that are not normally places of work,

• (iii) all shafts and hoisting systems,

• (iv) all buildings (whether temporary or permanent) at the mine,

• (v) all electrical installations and circuits at the mine,

• (vi) any vehicle, plant and work equipment at the mine, and

• (vii) all equipment provided for fire-fighting at or within the mine,

and

• (b) that suitable records are made of inspections, maintenance and tests carried out under subparagraph (a) and that each such record lists any significant defects and the steps taken, or to be taken by a specified time, to remedy them and is—

• (i) signed by the person making it, and

• (ii) read and countersigned by a person appointed under Regulation 10.

• (2) Without prejudice to the generality of paragraph (1), the schemes referred to in that paragraph shall specify that—

• (a) on every working day the roofs, floors and sides at every workstation at the mine and every roadway used by persons at work at the mine for the purpose of their work or of getting to or from their place of work are inspected for loose ground or loose rocks, and

• (b) where, during an inspection under subparagraph (a), conditions are observed that constitute a significant hazard or a potential significant hazard at an excavation, tip or lagoon, the requirements of Regulation 50 are complied with.

• (3) The operator shall ensure that appropriate remedial measures are taken following an inspection under this Regulation.

• (4) The operator shall ensure that a record of each inspection carried out under paragraph (2) and, where necessary, the appropriate remedial measures taken under paragraph (3), is made.

Supervision of work

• (a) that a person shall not pass beyond a meeting station established by the mine manager or enter any working area unless instructed to do so by the shiftboss or supervisor to whom he or she is assigned unless the person does so in pursuance of an arrangement made by the operator,

• (b) that a shiftboss or supervisor shall not instruct any person to enter a working area or go to a place of work unless the shiftboss, supervisor or a competent person appointed by the operator is satisfied that it is safe to do so, having regard to any instruction given to the person relating to safety,

• (c) that a shiftboss shall be assigned to each working area in which a place of work to which a worker is to go to carry out work is situated (other than pump-minders, mechanics, electricians, surveyors, engineers or persons performing duties of a specialised nature),

• (d) where a person performing duties of a specialised nature referred to in subparagraph (c) is working below ground, they shall be—

• (i) accompanied at all times during the working period by a competent person appointed by the operator,

• (ii) visited at intervals not exceeding four hours during the working period by an assigned shiftboss or a competent person appointed by the operator,

• (iii) in telephonic communication at least once in every two hours during the working period, with a competent person appointed by the operator, or

• (iv) monitored electronically as to their exact location.

Carrying out and recording of inspections required by Regulation 16

• (a) under Regulation 16 (1) (d) is carried out in accordance with that Regulation and that information in relation to the inspection is recorded in the Form MR3 specified in Part 1 of Schedule 2.

• (b) under Regulation 16 (1) (l) is carried out in accordance with that Regulation and that information in relation to the inspection is recorded in the Form MR4 specified in Part 2 of Schedule 2.

• (2) The operator, so far as is reasonably practicable, shall ensure that—

• (a) records of inspections required under Regulation 16 are read and countersigned by a person appointed under Regulation 10,

• (b) any details of the dangers recorded in the general inspection report are appropriately acted upon, and

• (c) remedial action is recorded in the general inspection report.

Other inspections

• (2) The operator shall ensure that on completion of an inspection under paragraph (1), the competent person, engineer or technician concerned shall complete a report giving the findings of the person on the inspection, and his or her name, in the Form MR5 specified in Part 3 of Schedule 2.

PART 4 ROADWAYS AND VEHICLES

Construction and equipment of vehicles

• (a) every mechanically propelled vehicle where the motive power is generated by an internal combustion engine is constructed and maintained so that air entering the engine is cleaned and where necessary the exhaust gases are cooled and diluted and the emission of flame or sparks from such vehicles is prevented,

• (b) every mechanically propelled vehicle where the motive power is generated by an electric motor supplied from a storage battery is adequately constructed, maintained and ventilated and the battery housing is securely affixed to the vehicle,

• (c) every mechanically propelled vehicle where the motive power is generated by an electric motor supplied from an electrical supply other than a storage battery is adequately constructed, maintained and ventilated,

• (d) every mechanically propelled vehicle is provided with the following:

• (i) efficient braking systems;

• (ii) suitable instrumentation, including adequate warning systems, placed so that they can be clearly seen by the driver of the vehicle;

• (iii) an audible warning device;

• (iv) an efficient lighting system including a head and tail light;

• (v) where practicable, a cab provided with falling object protection (FOPS) and roll over protection (ROPS);

• (vi) where practicable, an automatic or semi-automatic fire fighting system;

• (vii) suitable and sufficient portable fire extinguishers;

• (viii) as appropriate, an isolation switch;

• (ix) as appropriate, auxiliary devices installed to improve the drivers all round visibility,

and

• (e) the items provided under subparagraph (d) are adequately maintained.

• (2) In this Regulation—

“falling object protection (FOPS)” means a structure on mobile equipment designed to protect the person operating the equipment from the danger of injuries caused by objects falling on the equipment from above;

“isolation” in relation to an external electrical isolation switch, means the disconnection and separation of electrical equipment from every source of electricity in such a way that the disconnection is secure;

“roll over protection (ROPS)” means a structure on mobile equipment intended to protect the person operating the equipment from the danger of injuries caused by the equipment overturning or rolling over.

Inspection and maintenance of vehicles

• (a) ensure a system of driver pre-start checking for each mechanically propelled vehicle, including an inspection of the vehicles external parts, is operated and maintained to ascertain that it is safe for use,

• (b) appoint a competent person to inspect and internally examine once in every 24 hours each mechanically propelled vehicle to ascertain that it is safe for use,

• (c) appoint a competent person to inspect and examine at least once in every seven days each mechanically propelled vehicle at the mine, including examination and testing of the braking system, for the purposes of ascertaining that the vehicle is in all respects properly maintained and in good working order, and

• (d) cause to have all defects identified under subparagraph (a), (b) or (c) on any mechanically propelled vehicle, which may be prejudicial to the safety of persons at work remedied by a competent person before that vehicle is put into or returned to service.

• (2) The operator shall ensure that suitable written reports are made of inspections, maintenance and tests carried out under paragraph (1) and that each report records the date and time of the inspection, maintenance or test, any significant defects and the steps taken, or to be taken, to remedy them, and that each report under this paragraph—

• (a) is signed by the person making it, and

• (b) is read and countersigned by a person appointed under Regulation 10.

• (3) The operator shall appoint a sufficient number of competent persons to undertake the activities referred to in paragraphs (1) and (2).

Appointment of drivers

• (a) appoint competent persons to be in control of mechanically propelled vehicles stating the types or classes of vehicles for which the appointment is valid, and

• (b) prohibit any person who has not attained the age of eighteen years from being in control of any mechanically propelled vehicle underground at the mine.

Carrying of passengers

• (a) the vehicle is designed for the carrying of passengers,

• (b) a person providing instruction or training requires the vehicle to be moved for the purposes of such instruction and training, or

• (c) a person repairing or testing the vehicle requires the vehicle to be moved for the purposes of such repair or testing.

Roadway surfaces

Roadway clearances

• (a) any mechanically propelled vehicle is only used in any roadway where, after allowing for the swing of the vehicle, the clearances are adequate for the safety of the driver, and

• (b) where other vehicles or pedestrians pass, the clearances are adequate for the safety of other vehicle drivers and pedestrians.

Gradients

Safety of pedestrians in roadways

• (a) unless preventive measures are taken to minimise the risks to pedestrians travelling that roadway, and

• (b) in a case where a mechanically propelled vehicle is being operated remotely by the driver, unless the driver—

• (i) operates the remote control mechanism from a position of safety outside of the expected area of movement of the vehicle, and

• (ii) has a clear and unobstructed view, including by means of video surveillance, of the operations being carried out remotely.

Vehicle and traffic rules

• (2) The operator shall prohibit the operation of transport vehicles, earth-moving machinery, materials-handling machinery and locomotives, including those operated by another employer at the mine unless the operator is satisfied that the vehicles, machinery and locomotives are—

• (a) of good design and construction taking into account as far as possible ergonomic principles,

• (b) maintained in good working order,

• (c) used in an appropriate manner,

• (d) not operated otherwise than by—

• (i) a competent person who has attained the age of 18 years, or

• (ii) a person who has attained the age of 18 years, and is under the close personal supervision of a competent person for the purpose of his or her training, and

• (e) provided with appropriate auxiliary devices to improve the all round visibility of the driver.

Safeguarding edges of excavations and lagoons

• (a) prohibit the placing or stacking of material at the mine near the edge of any excavation or lagoon, where it is likely to endanger persons at work,

• (b) prohibit the movement or placement of any load, vehicle, plant or equipment near the edge of any excavation or lagoon where it is likely to enter the excavation or lagoon or cause a collapse of the side of the excavation or lagoon and thereby endanger any person at work, and

• (c) where necessary, ensure the provision and erection of appropriate barriers at any edge of an excavation or at a lagoon.

Danger areas

• (a) that danger areas are clearly marked,

• (b) that equipment or barriers are installed at all access points of any danger area to restrict inadvertent entry to that area by persons at work not authorised to enter, and

• (c) where a person at work is authorised to enter a danger area, that appropriate measures are taken to protect the person’s safety, health and welfare.

• (2) In this Regulation “danger area” means an area of the mine at which there is a significant risk to the safety, health or welfare of persons working there, due to the nature of the work being carried out there (including a risk of a person falling a distance likely to cause personal injury) or for any other reason.

Pedestrian and Vehicle Traffic routes

• (a) traffic routes, including stairs, fixed ladders, loading bays and ramps, for the purpose of easy, safe and appropriate access, are designed, located, laid out and negotiable so as not to endanger persons working in the vicinity of these traffic routes,

• (b) routes provided for use by pedestrian or goods traffic, or both, including those used for loading and unloading are of adequate size having regard to the need to accommodate the number of potential users and the type of activity concerned,

• (c) where means of transport are used on traffic routes, there is a sufficient safety clearance or adequate protective devices for other users, and that routes are clearly marked, regularly checked and properly maintained,

• (d) that sufficient clearance between vehicle traffic routes and doors, gates, passages for pedestrians, corridors and staircases is provided, and

• (e) that, for the protection of persons at work, all traffic routes are clearly identified.

Outdoor workstations

• (a) workstations, traffic routes and other areas or installations outdoors that are occupied or used by persons at work in the course of their activities are organised in such a way that pedestrians and vehicles can circulate safely, and

• (b) when persons at work are deployed at outdoor workstations, they are, where possible—

• (i) protected against inclement weather conditions,

• (ii) not exposed to harmful noise levels or to harmful external influences such as gases, vapours or dust, and

• (iii) protected against slips or falls.

Protection from falling objects and provision of safety helmets

• (a) ensure that adequate measures are taken to prevent persons at work from being struck by any falling object,

• (b) where feasible, protect or cause persons to be protected by collective methods against falling objects, and

• (c) take or cause to be taken adequate measures to lay out or stack materials, equipment and other articles in such a way as to prevent their collapsing or overturning.

• (2) The operator shall ensure, unless there is no foreseeable risk of injury to a person’s head, that every person at work at the mine is provided with—

• (a) a suitable safety helmet, or

• (b) other appropriate head protection.

• (3) A person shall not, at a mine, throw, drop or allow to be shot or ejected downwards any material or object, including waste material, from a height where it is liable to cause injury.

• (4) A person who moves materials or objects, including waste materials at a mine shall not do so at a height where they are liable to cause injury.

Prevention of drowning

• (a) an edge adjacent to water,

• (b) a structure adjacent to or above water, or

• (c) a floating platform.

• (2) To the extent necessary for the access of persons or movement of materials, paragraph (1) shall not apply if appropriate precautions are taken, so far as is reasonably practicable, to ensure the safety and health of persons at work.

• (3) Without prejudice to paragraph (1), where, in or adjacent to the mine, there is water into which a person in the course of his or her work is liable to fall with risk of drowning, the operator shall ensure that—

• (a) appropriate personal flotation devices are provided which are worn at all times by persons while exposed to that risk,

• (b) suitable rescue equipment is provided and it is properly maintained and ready for use, and

• (c) arrangements are in place for the prompt rescue of any person who is in danger of drowning

• (4) The operator shall ensure that procedures are in place and carried out in relation to personal flotation devices referred to in paragraph (3) as regards-

• (a) properly maintaining them,

• (b) having them checked before each use,

• (c) having them inspected in accordance with the manufacturer’s instructions, and

• (d) having them subjected to a thorough examination by a competent person every 12 months.

• (5) On the day of an inspection or examination under paragraph (4), the person who carries it out shall—

• (a) make a report of his or her findings in a form approved by the operator,

• (b) sign and date the report, and

• (c) give a copy of the report to the operator.

PART 5 VENTILATION

Duty to provide adequate ventilation