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

• (a) adequate ventilation is produced, on a constant basis, in all underground parts of the mine where people are working, travelling through, going to or from their place of work, or have cause to enter in connection with their work so that—

• (i) the atmosphere contains a sufficiency of oxygen,

• (ii) any flammable gas is diluted so as to render it harmless,

• (iii) working conditions are reasonable as regards temperature and humidity, and

• (iv) any applicable occupational exposure limit values, within the meaning of the Safety, Health and Welfare at Work (Chemical Agents) Regulations 2001 ( S.I. No. 619 of 2001 ) are, for the purposes of those Regulations, complied with,

• (b) where he or she is temporarily unable to comply with the requirements of paragraph (1) (a) as a result of an interruption to the ventilation in all or a part of the mine—

• (i) access is restricted or prevented to all, as the case may be, or the part of the mine affected by the interruption, other than for the purpose of restoring the ventilation or in case of an emergency, and

• (ii) any persons working in all or, as the case may be, the part of the mine concerned are withdrawn,

• (c) an automatic alarm is provided and maintained that operates in the event of an unscheduled fan stoppage resulting in an interruption to the main ventilation supply,

• (d) harm to the health of persons employed below ground from the adverse effects of extremes of heat or cold is prevented, and where conditions in any place of work are, or are likely to be, hot and humid, that the following are provided and implemented:

• (i) training on measures to be taken to avoid any harmful effects from those conditions;

• (ii) appropriate additional environmental controls relating to places of work (including ventilation) and monitoring;

• (iii) monitoring of the health of employees in their place of work.

• (2) An operator shall not be obliged to comply with paragraph (1) (a) in relation to a part of a mine that is inaccessible.

Main ventilation fans

• (a) where adequate ventilation cannot be provided by wholly natural means, adequate mechanically operated apparatus, in this Part referred to as the “main ventilation fans”, capable of producing an amount of ventilation sufficient to ensure compliance with Regulation 42, are provided and maintained at the mine,

• (b) the main ventilation fans which are provided are designed so that the direction of air flow into or out of the mine may be reversed,

• (c) where necessary, an efficient air-lock separating the main ventilation fans from the connecting shaft or roadway is provided, and

• (d) continuous monitoring of operating parameters of the main ventilation fans, by means of the depression of the fans or other equivalent means, is carried out.

Additional underground fans

• (a) he or she is satisfied, having considered the results of the survey undertaken under subparagraph (b) and the report prepared under subparagraph (c), that the additional underground fan is required to ensure compliance with Regulation 42,

• (b) a survey of the ventilation of every part of the mine which may be affected by the additional underground fan is undertaken, and

• (c) a report is prepared determining the appropriate type, size and location of the additional underground fan.

• (2) The operator shall ensure a record of the survey and report prepared under paragraph (1) is kept.

Auxiliary ventilation

• (2) The operator shall ensure that an auxiliary fan installed at a mine under paragraph (1) shall be—

• (a) earthed so as to prevent the accumulation of an electro-static charge,

• (b) connected to ducting for conducting air to or from the place of work to be ventilated to ensure adequate delivery of air to the furthermost working point,

• (c) installed at a point at a mine not less than 5 metres from the entrance to the place it is to ventilate,

• (d) installed on the intake side of the entrance when forcing ventilation, and

• (e) installed on the return side of the entrance when exhausting ventilation.

• (3) The operator shall ensure that—

• (a) the quantity of air reaching the auxiliary fan is sufficient to ensure that it does not re-circulate air, and

• (b) the air circulated by the auxiliary fan is not at any time contaminated by a substantial quantity of any noxious or flammable gas or dust.

• (4) The operator shall prohibit a worker from entering or remaining in a place in a mine ventilated by an auxiliary fan while the auxiliary fan is not operating, unless the interruption is temporary and work is ongoing to re-start the auxiliary ventilation.

Prevention of leakage

• (a) measures are in place to prevent leakage of ventilation from intake roadways to return roadways other than where such leakage is planned in accordance with the ventilation rules, and

• (b) measures are in place to minimise leakage of ventilation into areas of the mine where mining operations are for the time being suspended or complete.

Ventilation rules

• (2) The ventilation rules shall be available at the commencement of mining operations.

• (3) The ventilation rules shall provide for—

• (a) the minimum quantity of air to be delivered to each working area and place of work,

• (b) the minimum quantity of air in each intake and return roadway,

• (c) the minimum quantity of air to be delivered or exhausted at the end of an air duct attached to an auxiliary fan,

• (d) identification of the points within the mine at which the quantity of air passing shall to be measured and the frequency of these measurements,

• (e) requirements for the construction of ventilation brattices,

• (f) requirements for the construction of air-locks, regulators and air doors,

• (g) information to be provided on the use of materials used for ventilation brattices, and

• (h) the procedures for recording and acting upon the results obtained in the measurements referred to in subparagraph (d).

PART 6 STABILITY AND GROUND SUPPORT

General duty to ensure safety of excavations, tips and lagoons

• (a) excavations, tips and lagoons are designed, operated and maintained, and

• (b) tips and lagoons are constructed

so that, so far as is reasonably practicable, instability or movement likely to give rise to a risk to the safety, health and welfare of any person is avoided.

Operating procedures for excavations, tips and lagoons

• (a) the manner in which such operation is to be carried out,

• (b) the nature and extent of supervision of such operation,

• (c) the protective measures to be taken during such operation to ensure the safety, health and welfare of any person and the safety and stability of the excavation, tip or lagoon, and

• (d) the schedule and content of inspections to be carried out by competent persons to monitor the safety and stability of the excavation, tip or lagoon.

Appraisal and site investigation of excavations, tips and lagoons

• (2) Where an appraisal under paragraph (1) identifies a significant hazard that cannot be rectified immediately in a safe manner, the operator shall comply with paragraph (4).

• (3) Where an appraisal under paragraph (1) identifies a potential significant hazard that cannot be rectified immediately in a safe manner, the operator shall—

• (a) comply with paragraph (4) (a) and (b), and

• (b) require a geotechnical specialist to perform a site investigation to determine—

• (i) whether a geotechnical assessment is required, or

• (ii) if there is a significant hazard.

• (4) Where paragraph (2) applies, or if a significant hazard has been identified under paragraph (3)(b), the operator shall ensure that—

• (a) appropriate protective measures are taken, including informing all persons affected by the significant hazard,

• (b) work that can safely be undertaken at the excavation, tip or lagoon is carried out, and

• (c) a geotechnical assessment is carried out.

• (5) The operator shall ensure that—

• (a) any significant findings made, and

• (b) any conclusions reached and the reasons for those conclusions,

arising from an appraisal or a site investigation under this Regulation, are recorded by the competent person or the geotechnical specialist, as the case may be and acted upon as necessary.

Geotechnical assessments

• (a) preparation, by or under the supervision of the geotechnical specialist of any of the plans, records, reports and particulars specified in Schedule 3 or, as appropriate, consideration by the geotechnical specialist of those plans, records, reports and particulars,

• (b) the conclusions of the geotechnical specialist as to—

• (i) the safety and stability of the existing or proposed excavation, tip or lagoon being assessed, including his or her conclusions as to whether the excavation, tip or lagoon represents a significant hazard by way of instability or movement,

• (ii) whether any remedial works are required in relation to the excavation, tip or lagoon being assessed and the date by which such works should be completed,

• (iii) the date by which the next geotechnical assessment should take place, and

• (iv) where appropriate, any required changes to the operating procedures under Regulation 49 in respect of the excavation, tip or lagoon.

• (2) The operator shall ensure that—

• (a) any significant findings made during a geotechnical assessment, in particular any conclusions under paragraph (1) (b), and the reasons for those conclusions are recorded by the geotechnical specialist carrying out the assessment,

• (b) the geotechnical specialist signs and dates any record under subparagraph (a) and records his or her professional qualifications thereon,

• (c) any available information that may be relevant for the purposes of a geotechnical assessment is provided to the geotechnical specialist undertaking that assessment,

• (d) sufficient records of the nature, physical properties and location of all strata or accumulated substances or deposits at an excavation, tip or lagoon are kept to enable an accurate geological assessment of the stability of that excavation, tip or lagoon to be made,

• (e) any remedial works identified under paragraph (1)(b)(ii) during the geotechnical assessment are completed by the date specified in the assessment or before mining operations are commenced or re-commenced,

• (f) copies of all geotechnical assessments are retained at the mine for inspection, and

• (g) where the conclusion reached under paragraph (1)(b)(ii) is that there is no significant hazard, the frequency with which an appraisal under Regulation 50 is to be conducted in the future in order to ensure the continued safety and stability of the excavation, tip or lagoon is specified by the geotechnical specialist and recorded and acted upon as necessary.

Stability of roadways and places of work

• (a) any steps to secure the stability of roofs, floors and sides of every travelling roadway, outlet and place of work in a mine are taken, and a person shall not, unless engaged in repairing or investigating the safety of the workings, travel on or work in any travelling roadway or place of work which is not made secure,

• (b) adequate steps are taken by way of controlling movement of the strata in the mine and, where necessary, implementing systems for supporting the roof and sides of every roadway or place of work to keep them secure, and

• (c) those affected are provided with all information relevant to the support of roadways and places of work in the mine.

• (2) In this Regulation, “travelling roadway” means a length of roadway in a mine, used for the purpose of walking or driving to or from a place of work.

Duty to inspect place of work

• (a) where necessary and it is safe for them to do so, take appropriate action to make the place safe or, if necessary, prevent access to that place, or

• (b) where the person cannot take appropriate action to make the place safe, remove himself or herself to a place of safety and inform or cause to have the shiftboss informed as soon as is reasonably practicable of any hazards observed and any actions taken by him or her.

Scaling of roof and sides

• (a) appropriate equipment and tools are provided to enable, where necessary, removal of loose material that may fall from the roof or sides, in this Part referred to as “scaling and dressing” of all roadways and places of work,

• (b) where practicable, primary scaling and dressing is carried out by mechanical means by persons operating from a position of safety, and

• (c) procedures are in place so that any manual scaling and dressing of roadways and places of work is carried out by persons from a position of safety.

Working at or near unsupported stopes

• (a) any work at or near any unsupported stope is carried out in such a way that a person is not placed at risk of being struck by falls, slips or movement of ground,

• (b) when work is not being carried out, unintentional entry to an unsupported stope is prevented by means of a suitable barrier.

Use of backfill as a means of support

• (a) areas are identified and backfilled as soon as is reasonably practicable,

• (b) backfill material is transported and placed in a safe manner,

• (c) backfill material is placed as tightly as is reasonably practicable to the roof and sides of the area being filled,

• (d) adequate measures are taken to prevent backfill material from migrating from the area being backfilled, and

• (e) where applicable, the solidity of backfill material is determined.

Ground support rules

• (2) The ground support rules shall be available at the commencement of mining operations.

• (3) The ground support rules shall provide for—

• (a) mine design criteria and the geotechnical properties of strata in the mine,

• (b) design criteria for support systems used in the mine,

• (c) requirements for, and information and instruction to be provided regarding, securing the roof and sides of roadways and places of work,

• (d) a scheme for the inspection of support at all roadways and places of work,

• (e) procedures for mechanical and manual scaling and dressing of roadways and places of work,

• (f) measures taken to monitor the movement of strata or backfill material within the mine, and

• (g) procedures for the evaluation and review of the ground support rules following incidents of falls, slips or movement of strata or backfill material in the mine.

PART 7 EXPLOSIVES

Application of Part 7

• (2) In this Part “Regulations of 2009” means the European Communities (System for the Identification and Traceability of Explosives for Civil Uses) Regulations 2009 ( S.I. No. 133 of 2009 ).

Shotfirers and storekeepers

• (a) without prejudice to the generality of Regulation 10, appoint one or more competent persons to be—

• (i) shotfirers who shall be responsible for shotfiring operations at the mine, and

• (ii) trainee shotfirers.

• (b) appoint, where necessary, one or more competent persons as storekeepers who shall be responsible for safe storage and transport of explosives and ANBI at the mine.

• (2) The operator shall ensure that a record of the appointment at the mine of any shotfirer, trainee shotfirer or storekeeper is kept at the mine or some other suitable place.

• (3) A person appointed to be a trainee shotfirer under paragraph (1)(a)(ii) shall only perform shotfiring operations under the close personal supervision of a shotfirer.

Scheme of transit

• (a) a store, magazine or place of transfer and—

• (i) one or more than one store or magazine,

• (ii) one or more than one underground reserve station, or

• (iii) a place of work for immediate use,

or

• (b) a reserve station and a place of work for immediate use.

• (2) A scheme of transit shall be available at the commencement of mining operations at a mine where explosives are in use or planned to be used.

• (3) A scheme of transit shall, where necessary, include provision for the conveyance of ANBI from a store, magazine or place of transfer, to or from an ANBI reserve station or a place of work for immediate use.

• (4) The operator at a mine shall ensure compliance with a scheme of transit prepared in relation to the mine.

• (5) Every scheme of transit shall contain rules which provide for each of the following matters:

• (a) the location, construction and marking of each store, magazine, reserve station and place of transfer and the custody of any keys thereof;

• (b) the type, design and construction of every explosives vehicle and fire-fighting equipment to be provided on any such vehicle conveying explosives or ANBI;

• (c) the supervision and precautions to be taken during the loading, transit and unloading of explosives or ANBI vehicles;

• (d) the supervision of explosives or ANBI at their stores, magazines or respective reserve stations;

• (e) the manner of conveying explosives and ANBI to any place of work;

• (f) the maximum quantity of—

• (i) explosives, excluding detonators, permitted to be at a reserve station,

• (ii) detonators permitted to be at a detonator reserve station, and

• (iii) ANBI to be in an ANBI reserve station,

which at any time shall not exceed the limit, specified in the licence granted under section 8 or 15 of the Act of 1875 relating to the mine;

• (g) the control and issue of explosives or ANBI from a store, magazine or reserve station, requiring that those issued for use are those that have been there the longest;

• (h) the return of unused explosive or ANBI to their respective reserve stations or such other places specified in the scheme of transit.

• (6) Every scheme of transit shall require that the quantity of explosive and ANBI in the mine which is conveyed in bulk under the scheme and is unused at the mine is kept to the minimum necessary, consistent with the minimum quantity required for immediate use and for the safe operation of the mine and that such quantity shall not at any time, when aggregated with the quantity stored in a store or magazine, exceed the total quantity of explosive so licensed to be stored at the mine.

• (7) Subject to paragraphs (5)(f) and (6), the person in charge of the explosive or ANBI at a reserve station shall, at the end of his or her period of duty—

• (a) in the case where the mine is not to be worked during the period of 14 days next following the end of that period of duty, return any explosive or ANBI in the reserve station to the appropriate store or magazine,

• (b) in the case where the mine is to be worked during the period of 14 days next following the end of that period of duty—

• (i) deliver any explosive or ANBI in a reserve station to a person appointed to have charge of it, during the shift immediately following his period of duty,

• (ii) forthwith return any explosive or ANBI in a reserve station to the magazine or store, or

• (iii) securely lock any explosive or ANBI into a reserve station, and either deliver the key of the reserve station to a person appointed to have charge of the explosive and ANBI during the shift immediately following his or her period of duty, or deposit the key in the store or magazine.

• (8) The operator shall ensure that a copy of the scheme of transit is readily available at the mine in such form as may be easily seen and read by persons employed in the mine and shall supply a copy of the scheme of transit to each shot-firer, trainee shot-firer and person in charge of any explosive or ANBI at any store or magazine, or their respective reserve stations.

• (9) In this Regulation, “ANBI reserve station” means a suitable place below ground, exclusively for the issue and return and temporary storage of ANBI, which shall be a safe distance away from any other store, magazine or reserve station.

Storage, transport, use and disposal of explosives or ANBI

• (a) only suitable explosives, ANBI mixing and pumping apparatus, ANFO pumping apparatus, and shot-firing apparatus are used at the mine,

• (b) all explosives or ANBI are stored in a suitable store or magazine licensed under the Act of 1875, or, subject to paragraphs (4) and (5) of Regulation 60, in a suitable reserve station,

• (c) the Regulations of 2009 are complied with,

• (d) all explosives and ANBI are received and issued at the mine under the control of a storekeeper,

• (e) so far as is reasonably practicable, all explosives and ANBI are stored, transported, used and disposed of safely and securely,

• (f) operations involving the storage and transport of explosives or ANBI are at all times carried out by, or under the close personal supervision of, a storekeeper,

• (g) operations involving the use or disposal of explosives or ANBI are at all times carried out by, or under the close personal supervision of, a shotfirer,

• (h) facilities and equipment are provided as necessary to enable shotfiring operations to be carried out safely and securely,

• (i) for the purpose of shotfiring operations, explosives vehicles are marked during use so as to be readily identifiable from a distance,

• (j) when detonators are being transported they are kept separate from other explosives and ANBI such that any accidental initiation of the detonators cannot transmit to the explosives or ANBI,

• (k) explosives are kept at all times in a locked store or magazine, locked reserve station, or in a locked receptacle identified in the scheme of transit, or under the close supervision of a competent person, and

• (l) the security requirements of the Garda Síochána, for the storage, (including at reserve stations), transport, use or disposal of explosives or ANBI are complied with at all times.

Shotfiring rules

• (2) Shotfiring rules shall be available at the commencement of mining operations.

• (3) The shotfiring rules shall provide for the following:

• (a) procedures for all shotfiring operations at the mine;

• (b) the type and length of shotfiring cable to be used and procedures to protect the cable from sources of extraneous electricity;

• (c) the initiating devices to be used and the arrangements for the inspection, testing, maintenance and storage of initiating devices;

• (d) procedures for appointment of shotfirers, trainee shotfirers and storekeepers;

• (e) procedures for the authorisation of persons, who will be involved with the storage, transport, use or disposal of explosives or ANBI;

• (f) procedures for dealing with and recording of misfires;

• (g) procedures for disposal of surplus explosives, ANBI, accessories and packaging.

Blast specification

• (a) adequate written blast specifications are prepared by a competent person—

• (i) that include the identification of the danger zone, based on an assessment of the risks, for each type of shotfiring operation at the mine, and

• (ii) so that where shotfiring operations identified by the competent person as being necessary occur, they will not, in so far as is reasonably practicable, place persons at undue risk, and

• (b) a copy of any relevant information contained in blast specifications referred to in paragraph (a) is provided to any person upon whom it imposes duties.

Shotfiring operations

• (a) in so far as is reasonably practicable each shotfiring operation is carried out safely and in accordance with the shotfiring rules and blast specification,

• (b) all shotfiring operations are carried out under the close personal supervision of the shotfirer,

• (c) a trainee shotfirer shall not fire shots, except where he or she is under the close personal supervision of a shotfirer,

• (d) records are kept of all shotfiring operations carried out at the mine.

Duties of mine manager and shotfirer

• (a) keep the operator informed regarding compliance with the relevant statutory provisions in relation to their application to storage, transport, use and disposal of explosives or ANBI at the mine,

• (b) organise and manage all work involving the storage, transport, use and disposal of explosives or ANBI at the mine,

• (c) based on an assessment of the risks, ensure that competent persons prepare blast specifications for each type of shotfiring operation or specific shotfiring operation in order that, so far as is reasonably practicable, when shotfiring occurs, it will not give rise to danger,

• (d) ensure that a person shall not carry out any work in relation to explosives or ANBI unless they are competent, adequately supervised and instructed to do so, and

• (e) ensure that all equipment used in shotfiring operations is suitable, safe and adequately maintained.

• (2) The shotfirer and any other person involved in shotfiring operations at a mine shall only perform shotfiring operations in accordance with the shotfiring rules and blast specifications.

• (3) The shotfirer at a mine shall ensure that—

• (a) other than for cutting external binding material, implements of copper, wood, fibre or other suitable material are used when opening cases, cartons or packaging containing explosives,

• (b) the exposed face is cleaned and examined for misfires or any indication of misfires, and any old sockets and cut off holes are identified and marked, before drilling is commenced at a place of work in a mine,

• (c) drilling and charging operations are not carried on simultaneously at the same place of work in a mine,

• (d) shot holes are not charged until they have been thoroughly cleaned out,

• (e) drill holes are not used where the diameter cannot reasonably accommodate the largest explosive cartridge or booster,

• (f) explosives cartridges are not pressed into a shot hole in a violent or forced manner,

• (g) shot holes are not overcharged,

• (h) where necessary to prevent the explosives being blown out, shot holes are suitably stemmed,

• (i) no part of a detonator is forcibly removed from any charged shothole,

• (j) persons do not pass any sentry or barrier erected to prevent access to a danger zone other than for the purpose of investigating a misfire, and

• (k) centralised blasting, where a number of blasts can be initiated simultaneously, is not undertaken unless a risk assessment has been carried out that indicates that it is safe to do so.

• (4) Before a shot is fired, a shotfirer shall ensure that—

• (a) all unused explosives and ANBI are removed from the area to be blasted,

• (b) persons are prevented from being within, or entering within, the danger zone specified in the blast specification when the shot is being fired,

• (c) the shotfiring system or circuit is checked to determine that it has been connected correctly,

• (d) any electrical or electronic detonators are correctly connected to the shotfiring system and tested with an instrument suitable for the purpose,

• (e) where appropriate, checks are carried out on the electrical integrity of the shotfiring system or circuit, such as to make a misfire unlikely, and

• (f) any shot is fired from a place of safety.

• (5) After a shot is fired, a shotfirer or competent person shall ensure that—

• (a) persons are prevented from entering within the danger zone specified in the blast specification until it is safe to do so,

• (b) the blast site is inspected to check the result of the blast, and for the presence of any excessive sockets,

• (c) the muck pile is checked for unexploded explosives and to establish whether any misfire has occurred,

• (d) any hazardous conditions or misfires are reported immediately to the shiftboss, and

• (e) normal working only resumes when he, she or the shiftboss is satisfied that it is safe to do so.

Misfires

• (a) prevent any person other than himself or herself, the shotfirer, any trainee shotfirer or any other person authorised by him or her to enter the danger zone and only allow such entry, after any shotfiring apparatus has been disconnected from the shot and a period of 5 minutes has elapsed,

• (b) ensure appropriate steps are taken to determine the cause of the misfire and to deal with it, and

• (c) ensure that a suitable record is kept of the misfire and any action taken.

Prohibited activities

• (a) only the following persons handle explosives or ANBI at a mine:

• (i) a person authorised for the transport of explosives or ANBI to or from a store, magazine, or their respective reserve stations, a place of work or place of transfer;

• (ii) a shiftboss;

• (iii) a shotfirer or trainee shotfirer;

• (iv) a storekeeper;

• (v) any other competent person authorised by the operator to do so,

• (b) persons are prevented from—

• (i) drilling a drill hole within 150 millimetres of any old sockets, cut off holes or shothole remnants,

• (ii) drilling a drill hole within 1.5 metres of a hole containing any explosives or ANBI, and

• (iii) carrying out any drilling and charging operations simultaneously in any working area in a mine within 10 metres of each other,

• (c) persons are prevented from bringing any substance or article (other than explosives) likely to cause an unintended explosion or fire within 100 metres of any explosives or ANBI or take any naked flame within 100 metres of any explosives or ANBI at a mine,

• (d) persons are prevented from forcibly removing any detonator, or part thereof, or other system for initiating shots from a shothole at a mine after the shothole has been charged and primed,

• (e) a shothole in which a shot has previously been fired is not charged or fired unless the person charging or firing the shothole is dealing with a misfire under Regulation 66,

• (f) a shot at a mine is only fired by—

• (i) a shotfirer or trainee shotfirer, and

• (ii) by means of a suitable exploder that is kept at a secure place at the mine, or other suitable means provided by the operator,

and

• (g) procedures are in place preventing a person, other than a shotfirer or trainee shotfirer, from disposing of surplus or misfired explosives, ANBI, accessories or packaging remaining following shotfiring operations at a mine.

Records of explosives and ANBI

• (a) in accordance with Regulation 9 of the Regulations of 2009, all explosives used or disposed of at the mine, and

• (b) all ANBI used or disposed of at the mine.

PART 8 ELECTRICITY

General

• (2) In this Part—

“circuit” means part of an electrical installation supplied from the same origin, which may be protected against overcurrent by the same protective device;

“danger” means risk of death or personal injury or risk to health from electric shock, electric burn, electrical explosion or arcing, or from fire or explosion caused by the use of electricity or from mechanical movement of electrically driven equipment;

“higher voltage” means any voltage exceeding—

(a)1,000 volts alternating current, or

(b)1,500 volts direct current;

“live” means electrically energised;

“portable equipment” means equipment, including hand-held portable equipment, which—

• (a) because of the manner in which it is to be used, requires to be moved while it is working,

• (b) is designed so that it can be moved while it is working, or

• (c) is moved from time to time between the periods during which it is working.

Protection of cables and use of portable equipment

• (a) all cables conducting electrical energy at potentially dangerous voltages are suitably protected by armouring and positioning them as appropriate to reduce to as low as reasonably practicable, the possibility of inadvertent contact with a live conductor,

• (b) the use of portable equipment, other than portable transformers and portable generators, that is supplied at a voltage exceeding 125 volts alternating current is prohibited, unless its rating exceeds 2 kilovolt amperes, and

• (c) the use of portable hand lamps supplied at a voltage exceeding 25 volts alternating current or 50 volts direct current is prohibited.

Introduction of electrical equipment

Restriction of certain categories of electrical equipment in certain zones below ground

• (a) at every mine containing zones in which flammable gasses or flammable dusts are potentially present in quantities sufficient to indicate danger, a suitable plan is prepared identifying such zones, and

• (b) electrical equipment is not used in zones referred to in paragraph (a) unless—

• (i) it is equipment of a kind suitable for that purpose categorised as Group I, equipment category M1 or M2 as appropriate for the purposes of conformity assessment procedures under the European Union (Equipment and Protective Systems Intended For Use in Potentially Explosive Atmospheres) Regulations 2017 ( S.I. No. 230 of 2017 ) and,

• (ii) it complies with the Regulations referred to in subparagraph (i).

Cutting off electricity or making safe where flammable gasses are found

• (a) the supply of electricity to any electrical equipment situated at the place where the said concentration was detected is disconnected, and

• (b) all reasonably practicable steps are taken so that equipment at the place is made safe.

• (2) The system in place under paragraph (1) is not required to comply with paragraph (1)(a) if the operator is satisfied that the electrical equipment situated at the place concerned is suitable for the purpose of remaining live in the circumstances referred to in paragraph (1).

• (3) If the supply of electricity to electrical equipment is disconnected or the equipment is made safe under paragraph (1) it shall remain in that condition until a competent person on duty at the mine, having determined that it is safe to do so, directs that such precautions are no longer necessary.

• (4) The operator shall ensure that details of the time, duration and location of any disconnection or making safe of the supply of electricity to electrical equipment under paragraph (1) are recorded.

Means of cutting off electricity to circuits below ground

Schematic diagrams

• (a) schematic diagrams and layout drawings are prepared of all electrical distribution systems intended to be operated at the mine (other than those operating at a voltage not exceeding 250 volts or installations of a temporary nature),

• (b) the diagrams and drawings referred to in paragraph (a) are kept readily available at an accessible location at the mine,

• (c) the planned settings of any circuit’s electrical protective devices are recorded, and kept readily available at an accessible location at the mine,

• (d) such portions of the schematic diagrams prepared under paragraph (a) are displayed—

• (i) as are necessary to prevent danger, and

• (ii) which show at least those parts of the electrical system which are served by switchgear operating at a voltage in excess of 250 volts at each place where such switchgear is installed,

and

• (e) plans, on a suitable scale, are kept readily available at an accessible location at the mine showing, so far as is reasonably practicable, the position of all permanently installed electrical equipment at the mine.

Electric shock notices

Storage, charging and transfer of electrical storage batteries

Leakage protection

• (a) in relation to every circuit in which higher voltage is used, that effective means for automatically cutting off the supply of electricity from that circuit is provided, with the leakage trip level set as low as is reasonably practicable, and

• (b) in relation to all circuits not operating at higher voltage, that a risk assessment is carried out by a competent person and on the basis of that assessment, provide or cause to be provided, so far as is reasonably practicable, effective means to prevent danger arising from leakage currents to earth.

Reportable incidents

PART 9 ACCESS, EGRESS AND EMERGENCY PLANNING

Outlets and workings

• (a) access to the surface is provided by at least two separate outlets which are soundly constructed and readily accessible to underground workers,

• (b) mechanical man-winding facilities, man-riding facilities or other means of transport for the outlets referred to in subparagraph (a) are made available where considerable physical effort is required to negotiate the outlets,

• (c) mechanical man-winding or man-riding facilities referred to in paragraph (b) are properly installed and used in accordance with written instructions, and

• (d) roadways are marked or signposted in accordance with Regulations 158 to 162 of and Schedule 9 to the General Application Regulations so as to enable workers to find their way, as necessary, from areas of the mine where extraction is taking place to a place of safety or to the surface.

Ladderways between working levels

Entrances to shafts, stopes and other openings

• (a) so protected so as to prevent inadvertent access, and

• (b) marked with warning signs.

Escape and rescue facilities

• (a) adequate means of escape and rescue are provided and maintained, so as to enable persons to leave the mine promptly and safely or go to a place of safety in the event of danger,

• (b) adequate means of communication and warning are provided to enable assistance, escape and rescue operations to be initiated as soon as is reasonably practicable,

• (c) instructions are prepared and displayed at the mine concerning the use of emergency equipment and the action to be taken in the event of an emergency,

• (d) persons at work at the mine receive adequate training on the appropriate action to be taken in the event of an emergency,

• (e) rescue equipment is provided and maintained in good working condition and kept ready for use at readily accessible, appropriately sited and clearly sign-posted places,

• (f) emergency routes and exits are provided that are kept clear of obstructions and lead by the most direct means to the open air, a safe area or a safe assembly or evacuation point,

• (g) suitable emergency routes and exits are provided that are appropriate to the use, equipment and dimensions of the mine and the maximum number of persons who may be present at the mine,

• (h) emergency doors open outwards and are not so locked or fastened that they cannot be easily and immediately opened by any person who may require to use them in an emergency,

• (i) doors are provided giving access to emergency routes and exits which are kept free from obstruction so that they can be used at any time without hindrance,

• (j) emergency lighting of adequate intensity is provided at all emergency routes and exits that require illumination, and

• (k) signs indicating specific emergency routes and exits are provided in accordance with Regulations 158 to 162 of and Schedule 9 to the General Application Regulations.

Safety drills

• (a) training those persons in the appropriate actions to be taken in an emergency including, where appropriate, the correct use, handling and operation of emergency equipment, and

• (b) training and assessing the skills of rescue teams and such other persons to whom specific duties involving the use, handling and operation of emergency equipment have been assigned in the event of an emergency.

Fire and explosion hazards

• (2) The operator, depending on the features of the mine, the dimensions and use of rooms, the on-site equipment, the physical and chemical properties of the substances present and the maximum potential number of persons present at work, shall ensure that an adequate number of the following are provided at the mine:

• (a) appropriate fire-fighting devices;

• (b) where required, fire detectors and alarm systems.

• (3) The operator shall ensure that—

• (a) regular checks and proper maintenance on fire-fighting devices, fire detectors and alarm systems are carried out,

• (b) appropriate tests and fire drills are carried out at regular intervals,

• (c) non-automatic fire-fighting equipment which is easily accessible, easy to use and, where necessary, protected from potential damage is provided, and

• (d) signs are provided that indicate the location of fire-fighting equipment in accordance with Regulations 158 to 162 of and Schedule 9 to the General Application Regulations.

Explosive or harmful atmospheres

• (a) adequate steps are taken in order to determine the presence and concentration of potentially harmful or explosive substances in the atmosphere and, where such substances are present require a competent person to perform a risk assessment and determine the concentration of such substances in the atmosphere at all relevant locations in the mine,

• (b) automatic devices are provided that are designed to—

• (i) monitor continuously the concentration of explosive or flammable gases or dusts in the atmosphere,

• (ii) activate an alarm if such concentration reaches a dangerous level, and

• (iii) disconnect power to any equipment that, because of the concentration of such gases in the atmosphere and the nature of the plant, gives rise to a risk to the safety and health of any person,

• (c) where devices are provided under subparagraph (b)(i), a competent person shall record the levels of concentration of such gases in the atmosphere at such intervals as the competent person considers to be necessary or as specified in the safety statement,

• (d) at any place in the mine where there is a risk of the occurrence or accumulation of an explosive atmosphere, all necessary measures are taken in order—

• (i) to prevent such occurrence and accumulation, or

• (ii) where prevention under clause (i) is not practicable, to prevent the ignition of such an atmosphere,

and

• (e) at any place in the mine where there is a risk of the occurrence or accumulation in the atmosphere of a substance harmful to health, appropriate measures are taken in order—

• (i) to prevent such occurrence and accumulation or,

• (ii) where prevention under clause (i) is not practicable, to extract or disperse the harmful substance in such a way that persons are not placed at risk.

• (2) When persons at work are present in a particular place in the mine where they may be exposed to a substance in the atmosphere that is, or may be, harmful to health, the operator shall ensure that—

• (a) appropriate and sufficient breathing and resuscitation equipment is suitably stored and maintained and readily available for use,

• (b) a sufficient number of persons are trained in the use of equipment referred to at subparagraph (a), and

• (c) appropriate measures are taken to—

• (i) suppress harmful substances at source,

• (ii) extract harmful substances at source,

• (iii) remove harmful substances, or

• (iv) dilute accumulations of harmful substances, in such a way that persons are not at risk.

Lighting

• (a) at the mine, where appropriate, lighting capable of supplying illumination sufficient to ensure the safety and health of persons in the mine is provided,

• (b) workstations provided, including outdoor workstations, as far as possible—

• (i) receive sufficient natural light, and

• (ii) having regard to climactic conditions, are equipped with artificial lighting adequate for the protection of the safety and health of persons at work,

• (c) lighting installations in rooms containing workstations and in passageways are placed in such a way that the type of lighting provided does not present a risk of accident to persons at work, and

• (d) at every part of the mine in which a person is likely to be exposed to risks in the event of the failure of artificial lighting—

• (i) emergency lighting of adequate intensity is provided, or

• (ii) all persons at work in that place are provided with an appropriate personal lamp.

Prevention of unauthorised entry

• (a) mine boundaries are clearly visible, identifiable and appropriately signposted, and

• (b) adequate precautions are taken to prevent unauthorised entry to the mine including, where appropriate, the provision of barriers and fencing.

Means of evacuation

Underground workforce accounting

• (2) For the purposes of paragraph (1), the operator shall ensure that a system is in place to operate, monitor and record check-in of persons going underground and to monitor check-out of persons who have returned to the surface.

Precautions for withdrawal of employees

• (a) all persons employed underground have received training—

• (i) in the use of a self-rescue respiratory device, and

• (ii) in maintaining a self-rescue respiratory device within their reach at all times when below ground,

and

• (b) a sufficient number of self-rescue respiratory devices are kept and maintained in good condition at the mine.

Precautions against external dangers to workings

• (a) all persons employed below ground are provided with all information as is necessary to indicate the presence of—

• (i) any disused workings, openings or cavities (whether a place of work in the mine or not),

• (ii) any rock or stratum likely to contain water (whether dispersed or in natural cavities),

• (iii) any peat, moss, sand, gravel, silt or other material likely to flow when wet or any body of surface water, and

• (iv) any natural feature or disused workings that may contain noxious or flammable gas in such quantity and volume as to be a danger to persons employed below ground,

• (b) procedures are put are in place, as may be necessary to verify any information referred to in paragraph (a), including the determination of the vertical and horizontal distances from an area of the mine where extraction has taken or is taking place, to any place or thing referred to in subparagraphs (i) to (iv) of paragraph (a), and

• (c) procedures are in place to ensure the safety, health and welfare of persons carrying out work adjacent to, approaching or near any place or thing referred to in subparagraphs (i) to (iv) of paragraph (a).

Precautions against the outbreak of fire

• (a) the quantity of flammable materials taken into the mine is restricted so that it is no more than is necessary for the efficient operation of the mine,

• (b) where cylinders of compressed gas are used below ground—

• (i) they are installed and maintained with a suitable safety valve,

• (ii) they are stored in a safe condition, and

• (iii) procedures are in place to minimise the risk of the outbreak of fire from the use and storage of them,

• (c) necessary measures are taken to prevent the formation, accumulation and ignition of explosive atmospheres,

• (d) procedures are in place to prevent fires from starting and spreading,

• (e) procedures are in place for fast and effective fire-fighting, and

• (g) in addition to compliance with Regulation 85(3)(c), appropriate fire-fighting equipment is provided at all places of work at or within the mine including, as necessary, fire detection and alarm systems.

Warning of emergencies

• (a) suitable and efficient means are provided for the purpose of warning and communicating, to those employed below ground, any emergency necessitating a speedy evacuation of their place of work and to enable assistance, escape and rescue operations to be immediately activated, and

• (b) at least once a year a test of the effectiveness of the actions to be taken in an emergency and the warning systems is carried out and, within 30 days of the carrying out of the test, a report of the effectiveness of the test and of any necessary remedial action required to be taken is forwarded to the Authority.

Refuge stations

• (2) A refuge station shall be—

• (a) designed to prevent the entry of any gases, fumes, or products of combustion,

• (b) of suitable size and dimensions for the number of persons that may be required to enter it,

• (c) where possible, constructed from fire resistant materials, and

• (d) provided with—

• (i) a supply of drinking water,

• (ii) equipment for maintaining a respirable atmosphere, and

• (iii) where practicable, a means of communication.

Rescue teams

• (a) where the number of persons employed below ground in the mine does not exceed 100, at least 1;

• (b) where the number of persons employed below ground in the mine exceeds 100 but does not exceed 350, at least 2;

• (c) where the total number of persons employed in the mine exceeds 350, at least 3.

• (2) Where the number of persons employed below ground in the mine does not exceed 100—

• (a) the operator shall have a risk assessment carried out and the requirement in paragraph (1)(a) shall not apply where the risk assessment indicates that the provision of a rescue team is unnecessary,

• (b) the requirement in paragraph (1)(a) shall not apply where a written agreement is entered into between the operator of the mine and the operator of another mine whereby a rescue team from the other mine will promptly be made available if needed.

• (3) Where a number of mines operate within a ten kilometre radius, they may, upon the entry by each of their respective operators into a written agreement to that effect, be treated together as a single mine for the purposes of this Regulation and Regulations 97 to 104 and shall comply accordingly with this Regulation and Regulations 97 to 104.

• (4) Where an agreement referred to in paragraph (3) is entered into, this Regulation and Regulations 97 to 104 shall apply to the mines concerned subject to the modification that any reference to a mine in this Regulation and Regulations 97 to 104 shall include a reference to the mines concerned and to any other necessary modifications.

Composition of rescue teams

• (a) is comprised of persons who have completed a scheme of training for rescue work approved by the operator,

• (b) comprises not less than five persons employed at the mine or familiar with the mine, who are fully trained in rescue work,

• (c) has a competent person appointed to be its captain,

• (d) is comprised of persons who have undergone a thorough medical examination by a registered medical practitioner to ensure that they are fit to undertake strenuous rescue work,

• (e) is comprised of persons with two years or more underground mining experience in operations at that mine or a mine using similar working methods, and

• (f) is provided with communication devices so that they can be summoned to the mine in an emergency at times when they are not employed at the mine.

Training of rescue workers

• (a) has been certified by an instructor as being trained and competent in the use of breathing apparatus for rescue work,

• (b) is trained and qualified in occupational first-aid, and

• (c) without prejudice to Regulation 131, has been certified, within the 12 months prior to his or her appointment as a member of the rescue team and at least every 12 months thereafter, by a registered medical practitioner following a thorough medical examination to be fit to undertake strenuous rescue work.

Equipment to be provided for rescue work

• (a) complete sets of breathing apparatus;

• (b) equipment for charging and re-charging of the breathing apparatus;

• (c) smoke helmets and ancillary equipment;

• (d) reviving apparatus;

• (e) first–aid equipment for rescue work;

• (f) lamps;

• (g) devices for making immediate determinations of the atmosphere and the presence and concentrations of noxious or toxic gases;

• (h) communication and signalling devices.

• (2) The equipment provided under paragraph (1) shall be kept at the mine at a place not used for any other purpose.

• (3) The operator shall ensure that adequately heated, lit and properly maintained accommodation for persons engaged in rescue work or training for rescue work is provided near to shafts or outlets.

• (4) The requirements of paragraphs (1) and (2) shall not apply to mines to which paragraph (2) or (3) of Regulation 96 applies.

Fresh air base

• (a) the captain of a rescue team may establish, in a place within a mine that is determined by a competent person to be—

• (i) in a breathable atmosphere, and

• (ii) suitable for use as a base for rescue work during rescue operations where there is, or may be, an irrespirable atmosphere,

a base, in this Regulation referred to as a “fresh air base”, being a place where breathing apparatus can be donned or removed and other operations undertaken in a safe-air environment before rescue work or training for rescue work is undertaken,

• (b) the captain of a rescue team shall not proceed beyond the fresh air base without a plan of the relevant part of the mine and having communicated and agreed with the incident controller on the route to be taken and the time estimated to reach the incident area or search area,

• (c) the captain of a rescue team engaged in rescue work or training for rescue work in any mine shall devote himself to directing the rescue team and securing, as far as reasonably practicable, its safety, and

• (d) during rescue work and training for rescue work an effective system of communication is established between—

• (i) the incident controller and the fresh air base,

• (ii) members of the rescue team itself, and

• (iii) all rescue teams engaged in the rescue work and rescue work training and the fresh air base.

Rescue plans

• (a) areas of the mine where extraction has taken, or is taking, place;

• (b) the airways that the surveyor considers in consultation with the operator, to be principal airways;

• (c) the direction of the air current in each roadway;

• (d) principal ventilation doors between intake and return airways;

• (e) stoppings;

• (f) air-crossings, where intake and return airways are required to cross each other;

• (g) regulators of airflow;

• (h) refuge stations;

• (i) first-aid points;

• (j) fire-fighting points;

• (k) electrical installations;

• (l) communication points.

• (2) In paragraph (1)(e), “stoppings” means barriers, walls, dams or bulkheads constructed to prevent access to disused or abandoned areas of the mine or to restrict airflow into those areas.

Incident controller

• (2) A person appointed under paragraph (1) shall be referred to as an “incident controller”.

Emergency rules and procedures

• (a) the identification of circumstances where the emergency rules and procedures may require to be followed,

• (b) procedures for declaring when the emergency rules and procedures are required to be invoked,

• (c) procedures to be followed by persons employed below ground when the emergency rules and procedures are activated,

• (d) means for communicating an emergency situation to persons employed below ground,

• (e) procedures for notifying and assembling rescue teams,

• (f) procedures for accounting for persons within the mine,

• (g) restrictions on entry of persons into the mine, or parts of the mine, during an emergency,

• (h) duties of incident controllers and other persons having duties in an emergency, not directly related to rescue work,

• (i) duties of rescue team captains to their team,

• (j) duties of rescue workers,

• (k) procedures for notifying the relevant authorities, and

• (l) procedures for declaring that the emergency is over.

PART 10 PREPARATION OF MINE PLANS

Appointment and qualifications of mine surveyor

Duties of the mine surveyor

• (a) prepare or cause to be prepared and in which case supervise the preparation of—

• (i) all plans for the mine, including, in accordance with paragraph (2), ventilation plans and, in accordance with paragraph (3), working plans and rescue plans, and

• (ii) drawings of the mine and sections of the mine,

• (b) ensure the accuracy of any plans or drawings prepared under paragraph (a),

• (c) ensure that all working papers, recording all observations and calculations which were necessary for the preparation or checking of any plans or drawings prepared under paragraph (a) are kept at the mine,

• (d) ensure that all plans or drawings prepared under paragraph (a) are reviewed at least every three months and, if necessary following such review, revised,

• (e) on cessation of his or her appointment as surveyor, provide or cause to be provided to the operator accurate plans for the mine including associated drawings and working papers, and

• (f) on cessation of mining operations or the permanent abandonment of a mine, provide or cause to be provided to the operator accurate plans for the mine including associated drawings and working papers showing the final position of the mine workings.

(2)(a) The surveyor shall prepare a ventilation plan showing the system of ventilation in the mine which shall in particular show—

• (i) the general direction of the flow of the ventilation,

• (ii) the points at which the quantity of air passing is measured, and

• (iii) the principal devices for regulating the flow of the ventilation.

• (b) Every intake airway shall be coloured blue and every return airway shall be coloured red on a ventilation plan.

(3)(a) The surveyor shall, subject to paragraph (b), prepare a working plan showing clearly and accurately the workings in a seam, vein or orebody and all shafts, outlets or drifts driven from or to it.

• (b) A working plan shall be revised—

• (i) 3months after its first being prepared and at least every 3 months thereafter, or

• (ii) if any workings are extended more than 100 metres from the position shown on the working plan before the expiry of a period referred to in subparagraph (i), on or before the date that the workings are so extended.

Scale, datum and other details required on plans

• (a) is to a scale of not less than 1/2500,

• (b) is oriented to and correlated with the national grid maintained by Ordnance Survey Ireland,

• (c) indicates variations in level from an assumed datum below ordnance datum—

• (i) on every intake and return airway,

• (ii) in so far as can be ascertained, on the position and outline of any disused workings, and

• (iii) at horizontal intervals not exceeding 100 metres,

• (d) indicates the position of—

• (i) any peat, moss, sand, gravel, silt or other material that is likely to flow when wet,

• (ii) any rock or stratum likely to contain water,

• (iii) any workings of other mines, whether working or abandoned that may contain water, and

• (iv) any disused workings that may contain water,

that is or are within 40 metres vertically or 100 metres horizontally in any plane from any place of work shown on the plan that may be dangerous to persons working in the mine to which the working plan, ventilation plan or rescue plan relates,

• (e) indicates the position, direction, extent and vertical throw, so far as they can be ascertained, of any known fault, washout, roll, igneous intrusion or other displacement in the strata,

• (f) where more than one seam, vein or level is being mined, includes a plan prepared for each seam, vein or level showing clearly and accurately the places of work and the position of all shafts or outlets at that level or within 40 metres above or below that level,

• (g) shows the direction of north in accordance with the national grid maintained by Ordnance Survey Ireland, and

• (h) states the date and by whom it was prepared.

Additional plans

• (a) a sketch plan of the mine showing the main roadways and means of access and egress from each part of the mine to the surface,

• (b) a geological map showing the boundaries of the places of work at the mine, the geology of strata and occurrence of any superficial and drift deposits,

• (c) a plan showing a section of the geological strata passed through by any shaft or drift.

• (2) The surveyor shall—

• (a) on cessation of his or her appointment as surveyor, provide or cause to be provided to the operator accurate plans for the mine including associated drawings and working papers, and

• (b) on cessation of mining operations, including the permanent abandonment of the mine, provide or cause to be provided to the operator accurate plans for the mine including associated drawings and working papers showing the final position of the mine workings.

Keeping of plans

Defective Plans

PART 11 PROVISIONS RELATING TO HOISTING SYSTEMS

Appointment of hoistman