Mineral Extracting Industries Regulations, 2003

L.N. 379 of 2003

OCCUPATIONAL HEALTH AND SAFETY AUTHORITY

ACT

(CAP. 424)

Protection of Workers in the Mineral Extracting Industries

through Drilling and Workers in Surface and Underground

Mineral Extracting Industries Regulations, 2003

IN exercise of the powers conferred by article 12 of the

Occupational Health and Safety Authority Act, the Deputy Prime

Minister and Minister for Social Policy, in consultation with the

Occupational Health and Safety Authority, has made the following

regulations>-

(1) The title of these regulations is the Protection of Workers Citation,

in the Mineral Extracting Industries through Drilling and of Workers in commencement

scope.

Surface and Underground Mineral Extracting Industries Regulations,

2003. (2) These regulations, together with their Annexes, shall

come into force>

(a) on the date of publication for all workplaces used for

the first time after date of publication of these regulations< and

(b) on the 1st May, 2004 for all workplaces already in

use before the date of publication of these regulations.

(3) An employer shall ensure that all changes, extensions

and, or conversions carried out after the coming into force of these

regulations satisfy the requirements laid down in the Annexes.

In these regulations, unless the context otherwise requires -

Definitions.

“the Act” means the Occupational Health and Safety Authority Cap. 424.

Act<

“Authority” means the Occupational Health and Safety

Authority established by virtue of article 8 of the Act<

“detonator” means an initiator for explosives that contains a

charge of high explosive fired by means of a flame, spark, electric

current or shock tube<

“excavation” means any place at the quarry where minerals

are or have been extracted and includes the ground, faces or sides

of the quarry and any other incline<

“explosive” shall have the same meaning assigned to it in the

Explosives Ordinance<

“General Provisions’ means the General Provisions for Health

and Safety at Work Places Regulations, 2003<

“mineral-extracting industries through drilling” means any

industry practising extraction, in the strict sense of the term, of

minerals through drilling by boreholes, prospection with a view to

such extraction or preparation of extracted materials for sale, in

the latter case excluding the activities of processing the materials

extracted<

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

where testing before firing reveals broken continuity which cannot

be rectified or when a shot or any part of a shot fails to explode

when an attempt is made to fire it<

“quarrying” shall have the same meaning assigned in these

regulations to surface and underground mineral-extracting

industries and shall exclude any work executed on public roads

and any excavation made for the purpose of, or in connection with

the extraction of such minerals where the exclusive purpose of

that extraction is to enable the minerals so extracted to be used for

the purpose of carrying out any building, civil engineering or

engineering construction work on the site at which the extraction

has taken place<

“surface and underground mineral-extracting industries”

means any industry practising surface or underground extraction,

in the strict sense of the term, of minerals, prospection with a view

to such extraction or preparation of extracted materials for sale, in

the latter case excluding the activities of processing the materials

extracted and in all cases excluding the mineral-extracting

industries through drilling<

“shotfirer” means a person appointed pursuant to regulation

4 (3)(ii), Annex IV, to be responsible for shotfiring operations<

“Workers” Health and Safety Representative” and

“Representative” mean a Workers” Health and Safety

Representative appointed in terms of article 6 (4) of the Act.

The obligations laid down in the Annexes to these regulations Applicability of the

Annexes.

apply whenever required by the features of the workplace, the activity,

the circumstances or a specific risk and are without prejudice to the

general application of the provisions of the Act or the General Provisions.

In the fulfilment of the principles prescribed under section 6 General obligations

of the Act and under regulation 4 of the General Provisions, it shall be

the duty of an employer to take the necessary measures to ensure that>

.

(a) workplaces are designed, constructed, equipped,

commissioned, operated and maintained in such a way that workers

can perform the work assigned to them without endangering their

health and safety and/or the health and safety of other workers<

(b) the operation of work places when workers are present

takes place under the supervision of a person in charge<

(c) work involving a special risk is entrusted only to

competent workers and carried out in accordance with the

instructions given by the employer<

(d) all safety information, instruction, training and

supervision is provided in such a manner that is comprehensible

to all the workers concerned<

(e)

appropriate first-aid facilities are provided<

(f)

safety drills are performed at regular intervals.

(1) The employer shall draw up and keep up to date a Health Health and Safety

Document.

and Safety Document.

(2) It shall be drawn up prior to the commencement of work

and be revised if the workplaces undergoes major changes,

extensions or conversions.

(3) It shall contain>

(a) an assessment of the risks to health and safety incurred

by the workers at the work place<

(b) a description of the protective measures taken<

(c) declarations that the design, use and maintenance of the

workplace and of the equipment are safe<

(d) reports on occupational accidents suffered by the

workers<

(e) any information yielded by protective and preventive

measures and, or provided by the Authority<

(f) any information required by any provision of these

regulations<

(g) details of the management structure and of the authority

and duties of each person in the management structure<

(h) details of the work-permit system specified in regulation

7, Annex 1.

(4) The Health and Safety Document shall be made

accessible to the Workers’ Health and Safety Representative referred

to in article 6 (4) of the Act or to any other person with specific

functions in protecting the health and safety of workers.

(1) Where workers from several companies or enterprises

are present at the same workplace, each employer shall be responsible

for all matters under his control.

(2) The employer responsible for the workplace shall co-

ordinate the implementation of all the measures concerning the health

and safety of the workers and shall state, in the Health and Safety

Document, the aim of that co-ordination and the measures and

procedures for implementing it.

(3) The co-ordination shall not affect the responsibilities

stipulated in the Act for the individual employers.

The employer shall take measures and precautions appropriate

Protection from fire,

to the nature of the operation to avoid, detect and combat the starting

and spread of fires and explosions and to prevent the occurrence of

explosive and, or health-endangering atmospheres.

The employer shall provide and maintain appropriate means

of escape and rescue to ensure that workers have adequate opportunities

for leaving the workplaces promptly and safely in the event of danger.

The employer shall take the requisite measures to provide the Warning

systems.

necessary warning operations to be launched immediately if the need

arises.

(1) Without prejudice to article 6 (3) of the Act, the Keeping workers

informed.

employer shall inform the Workers’ Health and Safety Representative

and the workers of all measures to be taken concerning health and safety

at workplaces, and in particular of those relating to the implementation

of regulations 5 to 11.

(2) The information shall be comprehensible to all the

workers concerned.

(1) Each worker shall undergo, at the expense of the Medical

examinations.

employer, a medical examination before being assigned to duties related

to any of the activities covered by these regulations.

(2) Subsequently, the medical examinations shall be carried

out at regular intervals.

(1) The Workers’ Health and Safety Representative shall The Workers Health

and Safety

be consulted in the manner specified in Article 6 (4) of the Act and in Representative.

regulation 13 of the General Provisions.

(2) The Workers’ Health and Safety Representative shall

have the right to ask the employer to take appropriate measures, and the

right to submit proposals to him to that end, so as to mitigate hazards

for workers and, or remove sources of danger.

(3) The Workers’ Health and Safety Representative shall

not be placed at a disadvantage owing to his activities.

These regulations shall not apply to mineral-extraction by Non-applicability to

mineral extraction

dredging provided that the protection of the workers concerned is by dredging.

ensured in line with the general principles of health and safety of workers

specified in these regulations, taking into account the specific risks

involved in mineral-extraction by dredging.

Annex I

Requirements applicable to>

- the on-shore and off-shore sectors of the mineral-extracting

industries through drilling< and

- the surface and underground mineral-extracting industries<

and

- ancillary surface installations

1. (1) Workplaces shall be so organised as to provide adequate

protection against hazards.

(2) They shall be kept clean, with any hazardous substances

or deposits removed or controlled in order not to endanger the health

and safety of workers.

(3) Workstations shall be designed and constructed

according to ergonomic principles taking into account the need for

workers to follow operations carried out at their workstations.

(4) Areas within which there is a special hazard shall be

delineated and warning signs placed.

(5) Where workstations are occupied by lone workers,

adequate supervision or means of communication shall be provided.

2. (1) At all times whenever workers are present at a workplace,

such a workplace shall be placed under the charge of and be supervised

by either>

(a) a responsible person who has the skills and competence

required for this duty, in accordance with any other laws regulating

such duties, and who has been appointed by the employer< or

(b) the employer if he has the above-mentioned skills and

competence.

(2) Where required by the Health and Safety Document, a

supervisor shall visit occupied workstations at least once during each

3. When workers are present at any workplace, there shall be a Competent workers.

sufficient number of workers with the requisite skills, experience and

training to perform the tasks assigned to them.

4. Workers shall be given the necessary comprehensible Information,

instruction and

information, instructions, training and retraining to ensure their health training.

and safety.

5. Written instructions shall be drawn up for every workplace Written instructions.

specifying rules to be observed to ensure the health and safety of workers

and the safe use of equipment and including information on the use of

emergency equipment and action to be taken in the event of an

emergency at or near the workplace.

6. Safe working methods shall be applied at each workplace or Safe working

methods.

in respect of each activity.

7. (1) Where required by the Health and Safety Document, the Work permits.

employer shall introduce a system of work permits for carrying out>

(a)

hazardous activities< and

(b) usually straightforward activities which may interact

with other activities to cause serious hazards

(2) The work permits shall be issued by a person in charge

prior to the commencement of work and shall specify the conditions to

be fulfilled and the precautions to be taken before, during and after the

work.

8. The employer shall ensure that the measures taken to protect Review

measures.

the health and safety of the workers, including the health and safety

management system, are regularly reviewed to ensure compliance with

these regulations.

9. (1) Selection, installation, commissioning, operation and Mechanical

electrical

maintenance of mechanical and electrical equipment shall take place equipment.

with due regard for the safety and health of workers, taking into

consideration other provisions of these regulations.

(2) If located in an area within which risk of fire or explosion

from ignition of gas, vapour or volatile liquid exists or is likely to exist,

it shall be suitable for use in that area.

(3) Equipment shall, if necessary, be fitted with suitable

protective devices and failsafe systems.

10. (1) Mechanical equipment and plant shall be of adequate

strength and free from patent defect and suitable for the purpose for

which it is intended.

(2) Electrical equipment and plant shall be of sufficient size

and power for the purpose for which it is intended.

11. Mechanical and electrical equipment and installations shall

be so installed and protected as to prevent danger.

12. (1) The employer shall set up a suitable system of

maintenance and, where appropriate, for the testing of mechanical and

electrical equipment and plant.

(2) All maintenance, examination and testing of any part of

the plant and equipment shall be carried out by a competent person.

(3) The employer shall keep records of such examinations

and tests.

13. Adequate safety equipment shall be at all times maintained

ready for use, in good working and with due regard to operations.

(1) Measures shall be taken for assessing the presence of

harmful and#or potentially explosive substances in the atmosphere and

for measuring the concentration of such substances.

(2) Where required by the Health and Safety Document,

monitoring devices measuring gas concentrations at specified places

automatically and continuously, automatic alarms and devices to cut

off power automatically from electrical installations and internal

combustion engines shall be provided.

(3) Where automatic measurements are provided for, the

values measured shall be recorded and kept as stipulated in the Health

and Safety Document.

(1) Where harmful substances accumulate or may

accumulate in the atmosphere, appropriate measures shall be taken to

ensure>

(a)

their suppression at source< or

(b) their extraction and removal at source< or

(c)

the dilution of accumulations of such substances.

(2) The system must be capable of dispersing such harmful

atmosphere in such a way that workers are not at risk.

(1) Without prejudice to the provisions of the Minimum Breathing

equipment.

Requirements for the Use of Personal Protective Equipment at Work

Regulations, 2002, appropriate and sufficient breathing and resuscitation

equipment shall be available in areas where workers are be exposed to

atmospheres which are harmful to health.

(2) In such cases, a sufficient number of workers trained to

use such equipment shall be present at the workplace.

(3) The equipment shall be suitably stored and maintained.

(4) Where hydrogen sulphide or other toxic gases are or

may be present in the atmosphere, a protection plan detailing the

protective equipment available and the preventive measures taken shall

be prepared and made available to the Authority.

(1) All necessary measures shall be taken to prevent the Prevention

of explosion.

occurrence and accumulation of explosive atmospheres.

(2) In areas where there are risks of explosion, all necessary

measures shall be taken to prevent the ignition of explosive atmospheres.

(3) An explosion prevention plan detailing the equipment

and measures required shall be prepared included in the Health and

Safety Document.

(1) Emergency routes and exits shall remain clear and lead Emergency routes

and exits.

by the most direct means to the open air or to a safe area, a safe assembly

point or a safe evacuation point.

(2) The employer shall ensure that, in the event of danger,

it would be possible for workers to evacuate all workstations quickly

and as safely as possible.

(3) The number, distribution and dimensions of the

emergency routes and exits depend on the use, equipment and

dimensions of the workplaces and the maximum number of persons

that may be present.

(4) Accommodation and rest rooms shall have at least two

separate escape routes situated as far apart as possible and leading to a

safe area, a safe assembly point or a safe evacuation point.

(1) Emergency doors shall open outwards or, if this is

impossible, be sliding doors.

(2) They should no be so locked or fastened that they cannot

be easily and immediately opened by any person who may require to

use them in an emergency.

(1) Specific emergency routes and exits shall be indicated

by signs in accordance with the Work Place (Provision of Health and/

or Safety Signs) Regulations, 2002.

(2) Emergency routes and exits requiring illumination must

be provided with emergency lighting of adequate intensity in case the

lighting fails.

(1)

Emergency doors shall not be locked or otherwise

blocked.

(2) The emergency routes and exits, and the traffic routes

and doors giving access to them, must be free from obstruction so that

they can be used at any time without hindrance.

(1) Steps shall be taken to ensure that there is sufficient

fresh air in enclosed workplaces, having regard to the working methods

used and the physical demands placed on the workers.

(2) If a forced ventilation system is used, it shall be

maintained in working order.

(3) Any breakdown shall be indicated by a control system

where this is necessary for workers’ health.

(1) If air-conditioning or mechanical ventilation

installations are used, it shall be ensured that they operate in such a way

that workers are not exposed to draughts which cause discomfort.

(2) Any deposit or dirt likely to create an immediate danger

to the health of workers by polluting the atmosphere shall be removed

without delay.

(1) During working hours, the temperature in rooms

containing workplaces shall be adequate for human beings, having regard

to the working methods being used and the physical demands placed on

the workers.

(2) The temperature in rest areas, rooms for duty staff,

sanitary facilities, canteens and first aid rooms shall be appropriate to

the particular purpose of such areas.

(3) Windows, skylights and glass partitions should allow

excessive effects of sunlight in workplaces to be avoided, having regard

to the nature of the work and of the workplace.

(1) The floors of workplaces shall have no dangerous Floors, walls,

ceilings and roofs.

bumps, holes or slopes and must be fixed, stable and not slippery.

(2) Workplaces containing workstations shall be adequately

insulated against heat, bearing in mind the type of undertaking involved

and the physical activity of the workers.

(3) The surfaces of floors, walls and ceilings in rooms shall

be such that they can be cleaned or refurbished to an appropriate standard

of hygiene.

(4) Transparent or translucent walls, in particular all-glass

partitions, in rooms or in the vicinity of workplaces and traffic routes

shall be clearly indicated and made of safety material or be shielded

from such place or traffic routes to prevent workers from coming into

contact with walls or being injured should the walls shatter.

(5) Access to roofs made of materials of insufficient strength

shall not be permitted unless equipment is provided to ensure that the

work can be carried out in a safe manner.

(1) Every workplace shall be provided throughout with Natural and

artificial lighting.

lighting capable of supplying illumination sufficient to ensure the health

and safety of persons therein.

(2) Workplaces shall as far as possible receive sufficient

natural light and be equipped, taking into account climatological

conditions, with artificial lighting adequate for the protection of workers’

safety and health.

(3) Lighting installations in rooms containing workplaces

and in passageways shall be placed in such a way that the type of lighting

does not present a risk of accident to workers.

(4) Workplaces in which workers are especially exposed to

risks in the event of failure or artificial lighting shall be provided with

emergency lighting of adequate intensity or, in case this is impossible,

the workers shall be provided with personal lamps.

(5) Lighting installations shall be designed to ensure that

operational control areas, escape routes, embarkation areas and

hazardous areas remain illuminated.

(6) Where workplaces are occupied only occasionally, the

obligation referred to in paragraph (5) is limited to the period during

which workers are present.

(1) Windows, skylights and ventilation devices which are

meant to be opened, adjusted or secured shall be designed so that these

operations can be carried out safely.

(2) They shall be positioned so as not to constitute a hazard

to workers when open.

(3) The employer shall ensure that windows and skylights

can be cleaned without risk.

(1) The position, number and dimensions of doors and

gates, and the materials used in their construction, are determined by

the nature and use of the rooms or areas.

(2) Transparent doors shall be appropriately marked at a

conspicuous level.

(3) Swing doors and gates shall be transparent or have see-

through panels.

(4) If transparent or translucent surfaces in doors and gates

are not made of safety material and if there is a danger that workers

may be injured if a door or gate should shatter, the surfaces shall be

protected against breakage.

(5) Sliding doors shall be fitted with a safety device to

prevent them from being derailed and falling over unexpectedly.

(6) Doors and gates opening upwards shall be fitted with a

mechanism to secure them against falling back unexpectedly.

(7) Doors along escape routes shall be appropriately marked

and the employer shall ensure that it is possible to open them from the

inside at any time without special assistance as well as when the

workplaces are occupied.

(1) Doors for pedestrians shall be provided in the immediate

vicinity of any gates intended essentially for vehicle traffic, unless it is

safe for pedestrians to pass through<

(2) Such doors shall be clearly marked and left permanently

unobstructed.

The employer shall ensure that mechanical doors and gates>

(a)

function without risk of accident to workers<

(b) are fitted with easily identifiable and accessible

emergency shut-down devices and, unless they open automatically

in the event of a power failure, they can be also be opened manually.

Where chains or similar devices are used to prevent access Chains, devices to

prevent access.

at any place, these shall be clearly visible and appropriately identified

by signs denoting any prohibition or warning.

(1) It shall be possible to reach workplaces without danger Traffic routes.

and leave them quickly and safely in an emergency.

(2) Traffic routes, including stairs, fixed ladders and loading

bays and ramps, shall be calculated, dimensioned and located to ensure

easy, safe and appropriate access for pedestrians or vehicles in such a

way as not to endanger workers employed in the vicinity of these traffic

routes.

(1) Routes used for pedestrian traffic and/or goods traffic

shall be dimensioned in accordance with the number of potential users

and the type of company or enterprise.

(2) If means of transport are used on traffic routes, a

sufficient safety clearance shall be provided for pedestrians.

Sufficient clearance shall be allowed between vehicle traffic

routes and doors, gates, passages for pedestrians, corridors and staircases.

Traffic and access routes shall be clearly identified for the

protection of workers.

Where vehicles or machines enter workplaces, traffic Traffic regulations.

regulations shall be established as necessary.

If the workplaces contain danger areas in which, owing to Danger areas.

the nature of the work, there are risks including that of the worker or

objects falling, the places shall be equipped, as far as possible, with

devices preventing unauthorized workers from entering those areas.

(1) Appropriate measures shall be taken to protect workers

authorized to enter danger areas.

(2) Dangers areas shall be clearly indicated.

Workrooms shall have sufficient surface area, height and air

space to allow workers to perform their work without risk to their safety,

health or well-being.

The dimensions of the unoccupied area at the workstation

shall allow workers sufficient freedom of movement and enable them

to perform their work safely.

(1) Where the safety or health of workers, in particular

because of the type of activity carried out or the presence of more than

a certain number of employees, so requires, workers shall be provided

with an easily accessible rest room.

(2) Rest rooms shall be large enough and equipped with an

adequate number of tables and seats with backs for the number of

workers.

(3) If working hours are regularly and frequently interrupted

and there is no rest room, other rooms shall be provided in which workers

can stay during such interruptions, wherever this is required for the

safety or health of workers.

(4) In rest rooms or in any other room categorised under

paragraph (3), appropriate measures shall be taken for the protection of

non-smokers against discomfort caused by tobacco smoke.

(5) This regulation does not apply if the workers are

employed in offices or similar workrooms providing equivalent

relaxation during breaks.

(1) Workstations, traffic routes and other areas or

installations outdoors which are used or occupied by the workers in the

course of their activity shall be organized in such a way that pedestrians

and vehicles can circulate safely.

(2) Workplaces outdoors shall be adequately lit by artificial

lighting if daylight is not adequate.

(3) When workers are employed at workstations outdoors,

such workstations shall as far as possible be arranged so that workers>

(a) are protected against inclement weather conditions and

if necessary against falling objects<

(b) are not exposed to harmful noise levels nor to harmful

external influences such as gases, vapours or dust<

(c) are able to leave their workstations swiftly in the event

of danger or are able to be rapidly assisted<

(d) cannot slip or fall.

Pregnant women and nursing mothers shall be provided the Pregnant women.

facilities to lie down to rest in appropriate conditions.

(1) If necessary, workplaces shall be organized to take Access for All-

Design Guidelines.

account of disabled workers in accordance with the Access for All #

Design Guidelines published by the National Commission Persons with

Disability

(2) This provision applies in particular to the doors,

passageways, staircases, showers, washbasins, lavatories and

workstations used or occupied directly by disabled persons.

Annex II

Special requirements applicable to the on-shore sector

1. (1) Workplaces shall be designed, constructed, erected,

operated, supervised and maintained to withstand the environmental

forces anticipated.

(2) They shall have a structure and solidity appropriate to

the nature of their use.

2. (1) Wherever workplaces are designed, constructed,

equipped, commissioned, operated or maintained, adequate measures

shall be taken to prevent fires from starting and spreading from the

sources identified in the Health and Safety Document.

(2)

Provision shall be made for fast and effective fire-

fighting.

3. (1) Workplaces shall be equipped with appropriate fire-

fighting equipment and, as necessary, with fire detectors and alarm

systems.

(2) Non-automatic fire-fighting equipment shall be easily

accessible and simple to use and, where necessary, protected from

damage.

(3) A fire protection plan detailing the precautions to be

taken, in accordance with regulations 5 to 11 of these regulations, to

protect against, detect and combat the outbreak and spread of fires shall

be kept on site.

(4) The fire-fighting equipment must be indicated by long-

lasting signs at appropriate points in accordance with the Work Place

(Provision of Health and/or Safety Signs) Regulations, 2002.

4. (1) Where required by the Health and Safety Document,

certain equipment shall be capable of remote control at suitable locations

in the event of an emergency.

(2) Such equipment shall include systems for the isolation

and blowdown of wells, plant and pipelines.

5. (1) Suitable well control equipment shall be provided for Protection

blowouts.

use during borehole operations to protect against blowouts.

(2) Deployment of such equipment shall take into account

the prevailing well and operational conditions.

6. Where required by the Health and Safety Document, every General and

emergency

workplace at which workers are present shall be provided with>

communication.

(a) an acoustic and optical system capable of transmitting

an alarm indication to every manned part of the workplace as

necessary<

(b) an acoustic system capable of being heard distinctly at

all parts of the installation where workers are frequently present.

7. Facilities for raising the alarm shall be provided at suitable

locations.

8. When workers are present at workplaces which are not

normally manned, appropriate communication systems must be placed

at their disposal.

9. Where required by the Health and Safety Document, safe Assembly points.

assembly points shall be specified, muster lists shall be maintained and

the necessary action shall be taken.

10. Workers shall be trained in the appropriate actions to be taken Emergency training

for workers.

in emergencies.

11. Rescue equipment must be provided at readily accessible and Rescue equipment.

appropriately sited places and kept ready for use.

12. Where escape routes are difficult and where irrespirable

atmospheres are or may be present, self-contained escape apparatus

must be provided for immediate use at the workstation.

13. (1) Safety drills shall be held at regular intervals at all Safety drills.

workplaces at which workers are usually present.

(2) These shall be directed towards the training and checking

of the skills of workers to whom specific duties have been assigned in

the event of emergency involving the use, handling or operation of

emergency equipment, taking into account the criteria laid down in the

Health and Safety Document referred to in paragraph 2 (1) of Annex

(3) Where appropriate, workers who have been so assigned,

shall also be drilled in the correct use, handling or operation of that

equipment.

14. (1) Appropriate changing rooms shall be provided for

workers if they have to wear special work clothes and where, for reasons

of health or propriety, they cannot be expected to change in another

(2) Changing rooms shall be>

(a)

easily accessible<

(b) of sufficient capacity <

(c)

provided with seating<

(d) provided with facilities to enable each worker to lock

his clothes during working hours< and

(e) provided with facilities to enable wet clothes to be dried.

(3) If circumstances such as dangerous substances, humidity

and dirt so require, lockers for work clothes shall be separate from those

for ordinary clothes.

(4) Men and women shall have separate changing rooms or

separate use of changing rooms.

(5) If changing rooms are not required under paragraph (1),

each worker shall be provided with a place to store his clothes.

15. (1) Adequate and suitable showers shall be provided for

workers if required by the nature of the work or for health reasons.

(2) The shower rooms shall be sufficiently large to permit

each worker to wash without hindrance in conditions of an appropriate

standard of hygiene.

(3) They shall be equipped with hot and cold running water.

(4) Where showers are not required under paragraph (1),

adequate and suitable washbasins with running hot and cold water shall

be provided in the vicinity of the workstations and the changing rooms.

(5) Men and women shall have separate shower rooms or

separate use of shower rooms or, where the preceding paragraph applies

and where so required for reasons of propriety, separate washbasins or

separate use of washbasins.

(6) Where the rooms housing the showers or washbasins

are separate from the changing rooms, there shall be easy communication

between the two.

16. (1) Separate facilities shall be provided in the vicinity of Lavatory and

washbasins.

workstations, rest rooms, changing rooms and rooms housing showers

or washbasins, with an adequate number of lavatories and washbasins.

(2) Men and women shall have separate lavatories or

separate use of lavatories.

17. (1) First aid equipment shall be appropriate to the type of First-aid equipment

and rooms.

activity carried out.

(2) One or more first aid rooms shall be provided.

(3) Clearly visible first aid instruction in the event of

accidents shall be displayed in these rooms.

(4) They shall be fitted with essential first aid installations,

be easily accessible to stretchers and be signposted in accordance with

the Work Place (Provision of Heath and, or Safety Signs) Regulations,

2002. (5) Without prejudice to the above, suitable marked and

easily accessible first aid equipment shall be available in all places where

working conditions require it.

(6) A sufficient number of workers shall be trained in the

use of the first aid equipment provided.

Annex III

Special requirements applicable to the off-shore sector

1. (1) Workplaces shall be designed, constructed, erected,

operated, supervised and maintained to withstand the environmental

forces anticipated.

(2) They shall have a structure and solidity appropriate to

the nature of their use.

2. (1) Without prejudice to regulation 6, the employer

responsible for the workplace covered by this Annex shall ensure that

the Health and Safety Document shows that all relevant measures have

been taken to protect the safety and health of workers in both normal

and critical situations, particularly that>

(a) the special sources of hazard associated with the

workplace have been identified, including any concomitant activity

which could cause accidents likely to have serious consequences

for the health and safety of the workers concerned<

(b) the risks involved in the special sources of hazard

referred to paragraph (a) have been assessed<

(c) adequate precautions have been taken to avoid the

accidents referred to in paragraph (a), to limit the spread of

accidents and to allow efficient and controlled evacuation of the

workplace in emergency situations< and

(d) the management system is adequate to comply with the

provisions of the Act and of these regulations in both normal and

critical situations.

(2) The employer shall observe the procedures and

arrangements laid down in the Health and Safety Document during the

planning and implementation of all the relevant stages covered by these

Regulations.

(3) Different employers who are responsible for different

workplaces shall cooperate, where appropriate, in preparing Health and

Safety Documents and in measures necessary to ensure the health and

safety of workers.

3. (1) Suitable well control equipment shall be provided for Borehole

operations,

use during borehole operations to protect against blowouts.

blowouts.

(2) Deployment of such equipment shall take into account

the prevailing well and operational conditions.

4. (1) Appropriate precautions, as identified by the Health and Fire detection and

Fire-fighting.

Safety Document, shall be undertaken to protect against, detect and

combat the outbreak and spread of fires.

(2) Where appropriate, fire walls shall be provided for the

purpose of segregating fire risk areas.

5. (1) Adequate fire detection and protection systems, fire- Fire detection and

protection systems.

fighting systems and alarms shall be provided at all workplaces in

accordance with the risks identified in the Health and Safety Document,

including>

(a)

fire detection systems<

(b) fire alarms<

(c)

fire water mains<

(d) fire hydrants and hoses<

(e)

water deluge systems and water monitors<

(f)

automatic sprinkler systems<

(g) gas extinguishing systems<

(h) foam systems<

(i) portable fire extinguishers<

(j) fireman’s equipment.

(2) Non-automatic fire-fighting equipment shall be easily

accessible, simple to use and, where necessary, protected from damage.

(3) A fire protection plan detailing the precautions to protect

against, detect and combat the outbreak and spread of fires shall be

kept at the workplace.

6. (1) Emergency systems shall be segregated or otherwise

emergency systems.

afforded protection from accidents to the extent necessary to ensure

that the emergency functions remain operational in an emergency.

(2) Such systems shall be duplicated where appropriate.

(3) The equipment shall be indicated by long-lasting signs

in appropriate points, in accordance with the Work Places (Provision

of Health and#or Safety Signs) Regulations, 2002.

7. (1) Where required by the Health and Safety Document, a

remote control system in the event of an emergency shall be set up.

(2) The system shall incorporate monitoring stations at

suitable locations which may be used in the event of an emergency

including, if necessary, monitoring stations at safe assembly points and

evacuations stations.

(3) Equipment capable of remote control as referred to in

paragraph (1) shall at least include systems for ventilation, emergency

shutdown of equipment which could give rise to ignition, the prevention

of the escape of flammable liquids and gas, fire protection and well

control.

8. (1) Where required by the Health and Safety Document,

every workplace at which workers are present shall be provided with>

(a) an acoustic and optical system capable of transmitting

an alarm to every manned part of the workplace as necessary<

(b) an acoustic system capable of being heard distinctly in

all parts of the installation where workers are frequently present<

(c) a system capable of maintaining communication with

the shore and rescue services.

(2) Such a system shall be capable of remaining operational

in the event of an emergency

(3) The acoustic system shall be supplemented by

communication systems which are not reliant on vulnerable power

suppliers.

9. Facilities for raising the alarm shall be installed at suitable

Facilities for raising

locations.

10. When workers are present at workplaces, which are not

normally manned, communications systems appropriate to the

circumstances shall be provided.

11. (1) Adequate measures shall be taken to protect evacuation Safe assembly

points.

points and safe assembly points from heat, smoke and, as far as possible,

the effects of explosion, and to ensure that escape routes to and from

evacuation points and safe assembly points remain passable.

(2) These measures shall be such as to provide protection

to workers for a sufficient period to enable safe evacuation, escape and

rescue to be organized and carried out where necessary.

12. Where required by the Health and Safety Document, one of

the protected locations specified in the preceding paragraph 11 (1) shall

provide appropriate facilities to enable the equipment specified in

regulation 7 of this Annex to be remote-controlled and the shore and

emergency services to be communicated with.

13. (1) Safe assembly points and evacuation points shall be Access to assembly

points from

readily accessible from accommodation and work areas.

accommodation and

work areas.

(2) For each individual safe assembly point, a list containing

the names of workers assigned to that safe assembly point shall be kept

up to date and displayed.

(3) A list of persons assigned special duties in the event of

an emergency shall be provided and displayed at suitable locations at

the workplace.

(4) Their names must be noted in the written instructions

referred to in regulation 5, Annex I.

14. (1) Workers shall be trained in the appropriate actions to Emergency training

for workers.

be taken in emergencies.

(2) In addition to general emergency training, workers shall

receive training specific to the workplace which should be specified in

the Health and Safety Document concerning that workplace.

(3) Workers shall also be given suitable training in survival

techniques, taking into account the criteria laid down in the Health and

Safety Document .

15. Suitable and sufficient means of evacuation in an emergency

and means of escape direct to the sea shall be provided at every

workplace.

16. (1) An emergency plan for sea rescue and workplace

evacuation situations shall be drawn up.

(2) The plan, which shall be based on the Health and Safety

Document, shall provide for the use of standby vessels and helicopters

and include criteria concerning the capacity and response time of standby

vessels and helicopters.

(3) The required response time shall be given in the Health

and Safety Document for each installation.

(4) Standby vessels shall be designed and equipped to meet

evacuation and rescue requirements.

17. All survival craft, life-rafts, life-buoys and life-jackets

provided by the employer shall be>

(a)

suitable and equipped to maintain life for a sufficient

time<

(b)

in sufficient number of all the workers likely to be

present<

(c)

of a type suitable for the workplace<

(d) properly constructed of suitable materials having regard

to their life-saving function and the circumstances in which they

may be used and kept ready for use< and

(e) of such colour as will make them conspicuous when in

use, and equipped with devices such that the user can use them to

attract the attention of rescuers.

18. Adequate life-saving appliances shall be available for

immediate use.

19. (1) At workplaces at which workers are usually present,

safety drills shall be held at regular intervals where>

(a) all workers to whom specific duties have been assigned

involving the use, handling or operation of emergency equipment

are trained and examined in the execution of such duties, taking

into account the criteria laid down in the Health and Safety

Document and, where appropriate, workers shall also be drilled in

the correct use, handling or operation of that equipment<

(b) all emergency equipment used in the drill is examined,

cleaned and, where appropriate, recharged or replaced and all

portable equipment so used is returned to the place where it is

ordinarily kept< and

(c)

survival craft are verified for operation.

20. (1) Appropriate changing rooms shall be provided for Changing rooms.

workers if they have to wear special work clothes and where, for reasons

of health or propriety, they cannot be expected to change in another

room.

(2) Changing rooms shall be>

(a)

easily accessible

(b) of sufficient capacity

(c)

provided with seating

(d) provided with facilities to enable each worker to lock

his clothes during working hours

(e)

provided with facilities to enable wet clothes to be dried

(3) If circumstances such as dangerous substances, humidity

and dirt so require, lockers for work clothes shall be separate from those

for ordinary clothes.

(4) Men and women shall have separate changing rooms or

separate use of changing rooms.

(5) If changing rooms are not required under paragraph (1),

each worker shall be provided with a place to store his clothes.

21. (1) In addition to those facilities provided in any Lavatories and

accommodation area, lavatories, washbasins and, if necessary, suitable washbasins.

showers and washing facilities shall be provided in the vicinity of

workstations.

(2) Provision shall be made for separate lavatories and,

where applicable, showers, or for separate use thereof for men and

22. (1) One or more first-aid rooms shall be provided according

to the size of the installation and the type of activity being carried out.

(2) The first-aid rooms shall have suitable equipment,

facilities and medicines and a sufficient number of specialized workers,

as required by the circumstances, for giving first-aid or, where necessary,

treatment under the direction of a registered medical practitioner who

may or may not be present.

(3) They shall be signposted in accordance with the Work

Place (Provision of Health and, or Safety Signs) Regulations.

(4) Suitably signposted and easily accessible first-aid

equipment shall also be available in all places where working conditions

require it.

23. (1) If the nature, scale and duration of operations so require,

the employer shall also provide employees with accommodation.

(2) Such accommodation shall>

(a) be suitably protected against the effects of explosion,

the infiltration of smoke and gas and the outbreak and spread of

fire as identified in the Health and Safety Document<

(b) be suitably equipped with ventilation, heating and

lighting facilities<

(c) be provided at each level with at least two independent

exits leading to escape routes<

(d) be protected against noise, smells and fumes likely to

be hazardous to health from other areas, and against inclement

weather<

(e) be separate from any workstation and located away from

dangerous areas<

(f) contain sufficient beds or bunks for the number of

persons expected to sleep on the installation<

(g) include a sufficient number of showers and washing

facilities equipped with hot and cold running water< and

(h) be equipped with a sufficient number of lavatories and

washbasins.

(3) Any room designated as sleeping accommodation shall

contain adequate space for the occupants to store their clothes.

(4) Separate sleeping rooms, showers and washing facilities

and lavatories and washbasins for men and women shall be provided.

(5) The accommodation and its equipment shall be

maintained to adequate standards of hygiene.

24. (1) Helicopter decks at workplaces shall be of sufficient Helicopter decks.

size and located so as to provide a clear approach to enable the largest

helicopter using the deck to operate under the most severe conditions

anticipated for helicopter operations.

(2) The helicopter deck shall be of a design and construction

adequate for the intended service.

(3) There shall be provided, and stored in the immediate

vicinity of the helicopter landing area, equipment needed for use in the

event of an accident involving a helicopter.

(4) On installations with a resident workforce, a sufficient

number of emergency response trained personnel for the purpose shall

be available on the helicopter deck during helicopter movements.

25. (1) All the necessary measures shall be taken to ensure the Positioning of

health and safety of workers in the mineral-extracting industries through installations at sea.

drilling while off-shore installations are being positioned at sea.

(2) Operations in preparation for the positioning of off-shore

installations shall be carried out in such a way as to ensure their stability

and safety.

(3) Equipment used and procedures followed for the

activities referred to in paragraph 25(1) shall be such as to reduce any

risk to workers in the mineral-extracting industries through drilling,

having regard to both normal and critical conditions.

Annex IV

Special requirements applicable to surface and underground

mineral-extracting industries and to ancillary surface

installations

1. (1) Smoking is forbidden in areas subject to particular fire

or explosion hazards.

(2) The use of any open flame and the execution of any

work that may give rise to an ignition hazard is prohibited, unless

adequate safety precautions are taken to prevent the occurrence of fires

or explosions.

2. (1) Wherever workplaces are designed, constructed,

equipped, commissioned, operated or maintained, adequate measures

shall be taken to prevent fires from starting and spreading from the

sources identified in the Health and Safety Document.

(2) The employer shall ensure that provision is made for

fast and effective fire-fighting.

(3) Workplaces shall be equipped with appropriate fire-

fighting equipment and, as necessary, with fire detectors and alarm

systems.

(4) Non-automatic fire-fighting equipment shall be easily

accessible and simple to use and, where necessary, protected from

damage.

(5) A fire protection plan detailing the precautions to be

taken, in accordance with regulations 5 to 11, to protect against, detect

and combat the outbreak and spread of fires shall be kept on site.

3. (1) The fire-fighting equipment shall be indicated by long-

lasting signs in appropriate places, in accordance with the Work Place

(Provision of Health and#or Safety Signs) Regulations, 2002.

4. (1) Without prejudice to the Explosives Ordinance,

operations involving the storage, transport and use of explosives and

initiating devices shall be carried out by duly authorized and competent

persons.

(2) Such operations shall be organized and performed in

such a way that there is no risk to workers.

(3) The employer shall ensure that>

(a) suitable and sufficient rules are made which lay down

in writing procedures for>

i.

shotfiring operations at the quarry<

ii. appointing shotfirers, trainee shotfirers and

storekeepers<

iii. authorising other persons who will be involved

with the storage, transport or use of explosives<

iv.

dealing with misfires< and

v. ensuring, so far as is reasonably practicable, that

such rules are complied with.

(b) an adequate written specification is prepared for each

shotfiring operation to ensure, so far as is reasonable practicable,

that when such firing occurs it will not give rise to danger<

(c) a copy of the specification referred to in paragraph

(b) is given to any person upon whom it imposes duties<

(d) such facilities and equipment as are necessary to enable

shotfiring operations to be carried out safely are provided<

(e) any vehicle which is provided for use in relation to

shotfiring operations is so marked as to be readily identifiable from

a distance<

(f) detonators are stored in separate containers from other

explosives<

(g) explosives are kept at all times either in a locked

explosives store or under the constant supervision of a suitable

person<

(h) each shotfiring operation is carried out safely and in

accordance with the rules and specifications specified in paragraphs

(a) and (b) thereof respectively.

(4) Before a shot is fired, the shotfirer shall>

(a) check the shotfiring system or circuit to ensure that it

has been connected correctly<

(b) where electrical detonators are used, ensure that they

have been correctly connected to the shotfiring system or circuit

and that the shotfiring system or circuit is tested with an instrument

suitable for the purpose from a position of safety<

(c) where appropriate, ensure that the electrical integrity of

the shotfiring system or circuit is such as to make a misfire unlikely<

and

(d) ensure that the shot is fired from a safe place.

5. (1) No person other than a person engaged in the transport

of explosives to or from the workplace, a shotfirer, a person authorised

to handle explosives at the workplace or a person appointed to be in

charge of the explosives store shall handle explosives.

(2) No person shall bring any substance or article, other

than explosives, likely to cause an unintended explosion or fire within

10 metres of any explosives or, except for the purpose of lighting igniter

cord or safety fuse, take any naked flame within 10 metres of any

explosives.

(3) No person shall forcible remove any detonator lead,

safety fuse or other system for initiating shots from a shothole after the

shothole has been charged and primed.

(4) No person shall charge or fire a shot>

(a) unless there is sufficient visibility to ensure that work

preparatory to shotfiring, the shotfiring operation and any site

inspection after the shot is fired can be carried out safely<

(b) in a shothole which has been previously been fired,

unless he is dealing with a misfire in accordance with action taken

under regulation 6 (b) below< or

(c) in any tunnel or other excavation in the face or side of

the quarry for the purpose of extracting minerals or products of

minerals.

6. (1) The employer shall ensure that a suitable and sufficient Appraisal

proposed or existing

appraisal of all proposed or existing excavations is undertaken by a excavations.

competent person in order to determine whether any such excavation

is a significant hazard.

(2) The operator shall ensure that>

(a) any significant findings made during an appraisal, any

conclusions reached in accordance with subregulation (1) and

the reasons for those conclusions are recorded by the competent

person undertaking the appraisal<

(b) the said competent person signs and dates any such

record< and

(c) the record made in accordance with paragraph (a) is

made available to each employer of persons at work at the

workplace and to all workers.

(3) Where the conclusion reached by the competent person Appraisal of

proposed or existing

following an appraisal made pursuant to subregulation (1) is that the excavations.

excavation presents no significant hazard, the employer shall ensure

that a competent person carries out further such appraisals>

(a)

at appropriate intervals<

(b) whenever there is any reason to suspect that there has

been or will be a significant change to>

i.

the matters to which the appraisal relates< or

ii. any neighbouring land which may be affected by

movement by or instability of the excavation to which the

appraisal relates< and

iii. whenever there is any reason to doubt the validity

of the conclusion of the current appraisal.

(4) Where the conclusion reached by the competent person

following an appraisal made pursuant to subregulation (1) is that the

excavation represents a significant hazard, the operator shall ensure

that a geotechnical assessment is carried out in accordance with the

requirements of the next regulation as soon as is reasonably practicable.

7. (1) For the purposes of these regulations, a “geotechnical

assessment” means an assessment carried out by a geotechnical specialist

identifying and assessing all factors liable to affect the stability and

safety of a proposed or existing excavation and shall include>

(a) preparation by or under the supervision of the said

geotechnical specialist or, as appropriate, consideration by the said

geotechnical specialist of the documents and particulars specified

at Schedule 1<

(b) the conclusion of the said geotechnical specialist as to

the safety and stability of the proposed or existing excavation being

assessed, including his conclusions as to whether the said

excavation represents a significant hazard by way of instability or

movement<

(c) where appropriate, the conclusion of the said

geotechnical specialist as to whether any remedial work is required

in relation to the excavation being assessed and the date by which

such work should be completed.

(d) where appropriate, the conclusion of the said

geotechnical specialist as to the date by which the next geotechnical

assessment should take place.

(2) The employer shall ensure that>

(a) any significant findings made during a geotechnical

assessment and any conclusions reached in accordance with

paragraphs (1)(b), (c) or (d) and the reasons for those

conclusions are recorded by the geotechnical specialist undertaking

the assessment< and

(b) the said geotechnical specialist signs and dates any such

record and records his professional qualifications thereon.

(3) The employer shall ensure that any information available

to him which may be relevant for the purposes of a geotechnical

assessment is made available to the geotechnical specialist undertaking

that assessment.

(4) The operator shall ensure that any remedial works

identified during the geotechnical assessment in accordance with

paragraph (1)(c) are undertaken by the date specified.

8. (1) Where the conclusion recorded by a geotechnical

specialist following a geotechnical assessment of a proposed or existing

excavation is that the excavation represents a significant hazard by

way of instability or movement, the employer shall ensure, subject to

sub-paragraph (1)(d) of the preceding regulation, that the said

excavation is subject to a further geotechnical assessment at least every

two years.

(2) Without prejudice to subregulation (1), where, in relation

to an excavation which falls within subregulation (1) there is any

reason>

(a) to suspect that there has been or will be a significant

change to>

i. the matters to which the geotechnical assessment

relates< or

ii. any neighbouring land which may be affected by

movement by or instability of the excavation < or

(b) to doubt the validity of the conclusion of the current

assessment, the employer shall ensure that a further geotechnical

assessment is undertaken as soon as is reasonably practicable.

9. Where the conclusion reached by a geotechnical specialist Excavation not

representing any

following a geotechnical assessment of a proposed or existing excavation hazard.

is that it presents no significant hazard, the operator shall ensure that>

(a) the said geotechnical specialist specifies the frequency

with which appraisals pursuant to the preceding regulation 6 are

to be conducted in order to ensure the continued safety and stability

of the excavation < and

(b) a record of that specification is made.

10. In the event of a misfire, the employer shall consult the Action taken in case

of misfires.

competent persons referred to in regulation 4 (1) of this Annex and

shall ensure, so far is reasonably practicable, that>

(a)

access to the danger area as is strictly necessary<

(b) appropriate steps are taken to determine the cause of

and to deal with the misfire< and

(c)

a suitable record is kept of the misfire

11. (1) Workers shall be trained in the appropriate actions to Emergency training

for workers.

be taken in emergencies.

(2) Rescue equipment shall be provided at readily accessible

and appropriately sited places and kept ready for use and shall be

indicated by signs in accordance with the Work Place (Provision of

Health and/or Safety Signs) Regulations, 2002.

12. (1) Safety drills shall be held at regular intervals at all

workplaces at which workers are usually present.

(2) These shall be directed towards the training and checking

of the skills of workers to whom specific duties have been assigned in

the event of emergency involving the use, handling or operation of

emergency equipment, taking into account the criteria laid down in the

Health and Safety Document.

(3) Where appropriate, workers who have been so assigned,

shall also be drilled in the correct use, handling or operation of that

equipment.

13. (1) First aid equipment shall be available in all places where

working conditions require it and must be appropriate to the operation.

(2) This equipment must be indicated by suitable signs and

easily accessible.

14. One or more first aid rooms, wherein clearly visible first-aid

instruction in the event of accidents shall be displayed, shall be provided

where the size of the premises, type of activity being carried out and

frequency of accidents so dictate.

15. (1) First-aid rooms shall be fitted with essential first-aid

installations and equipment and be easily accessible to stretchers.

(2) They shall be signposted in accordance with the Work

Place (Provision of Health and/or Safety Signs) Regulations, 2002.

16. (1) In addition to the above, first aid equipment shall be

available in all places where working conditions require it.

(2)

This equipment shall be suitably marked and easily

accessible.

First aid training for

17. A sufficient number of workers shall be trained in the use of

the first-aid equipment provided.

18. (1) Appropriate changing rooms shall be provided for

workers if they have to wear special work clothes and where, for reasons

of health or propriety, they cannot be expected to change in another

room.

(2) Changing rooms shall be>

(a)

easily accessible

(b) of sufficient capacity

(c)

provided with seating

(d) provided with facilities to enable each worker to lock

his clothes during working hours

(e)

provided with facilities to enable wet clothes to be dried

(3) If circumstances such as dangerous substances, humidity

and dirt so require, lockers for work clothes shall be separate from those

for ordinary clothes.

(4) Men and women shall have separate changing rooms or

separate use of changing rooms.

(5) If changing rooms are not required under subregulation

(1), each worker shall be provided with a place to store his clothes.

19. (1) Adequate and suitable showers shall be provided for Showers.

workers if required by the nature of the work or for health reasons.

(2) The shower rooms shall be sufficiently large to permit

each worker to wash without hindrance in conditions of an appropriate

standard of hygiene.

(3) They shall be equipped with hot and cold running water.

(4) Where showers are not required under subregulation (1),

adequate and suitable washbasins with running hot and cold water shall

be provided in the vicinity of the workstations and the changing rooms.

(5) Men and women shall have separate shower rooms or

separate use of shower rooms or, where the preceding paragraph applies

and where so required for reasons of propriety, separate washbasins or

separate use of washbasins.

20. (1) Separate facilities shall be provided in the vicinity of

workstations, rest rooms, changing rooms and rooms housing showers

or washbasins, with an adequate number of lavatories and washbasins.

(2) Men and women shall have separate lavatories or

separate use of lavatories.

21. Overburden dumps, spoil heaps and other tips, as well as

settling lagoons, shall be designed, constructed, operated and maintained

in such a way as to ensure their stability, as well as the health and safety

of workers.

The employer shall ensure that

22. (a) benches and haul roads are designed, constructed and

maintained so as to allow vehicles and plant to be used and moved

upon them safely<

(b) effective precautions are taken, by the installation of

barriers or otherwise, to prevent vehicles or plant accidentally

leaving any bench or haul road< and

(c) a barrier suitable for the purpose of discouraging trespass

is places around the boundary of the quarry and is properly

maintained.

Annex V

Special requirements applicable to Surface Mineral-extracting

Industries

1. (1) Work shall be planned taking into account the elements The Health and

Safety Document.

of the Health and Safety Document which concern the risks of falls or

slips of ground.

(2) The height and slope of overburden-stripping and

extraction faces shall be appropriate to the nature and stability of the

ground and the methods of working.

2. (1) Benches and haul roads shall be stable enough for the Stability of benches

and haul roads.

plant used.

(2) They must be constructed and maintained in such a way

that the plant can be moved safely.

3. (1) Before the start or restart of work, stripping and extraction Checking for loose

ground or rocks,

faces above work areas or haul roads shall be checked for loose ground scaling.

or rocks.

(2) Scaling shall be carried out where necessary.

4. Faces and tips shall not be worked in such a way that instability Prevention of

instability in faces

is created.

and tips.

Annex VI

Special requirements applicable to Underground Mineral-

extracting Industries

1. (1) Without prejudice to regulation 6, the employer

responsible for the workplace covered by this Annex shall ensure that

the Health and Safety Document shows that all relevant measures have

been taken to protect the health and safety of all workers in normal and

critical situations.

(2) The Health and Safety Document shall be brought up to

date regularly and be available for inspection at the workplace.

(3) The employer shall ensure that all work is carried our in

accordance with the Health and Safety Document.

2. (1) The employer shall prepare plans of underground

workings, drawn to a scale which provides a clear representation and

which>

(a)

show roadways and winning areas<

(b)

show known features which may influence working

safety<

(c)

shall be readily accessible< and

(d) shall be kept for as long as is necessary for safety

purposes.

(2) Plans of underground workings shall be brought up to

date periodically and held available at the workplace.

3. (1) All underground workings shall have access to the surface

by means of at least two separate outlets which are soundly constructed

and readily accessible to underground workers.

(2) Mechanical manwinding or manriding facilities shall be

available for these outlets if considerable physical effort is involved in

negotiating them.

4. Workings where underground work is carried out shall be

constructed, operated, equipped and maintained so that workers can

work and move in them with a minimum of risk.

5. Roadways shall be signposted to help workers to find their

way about the workings.

6. Transport facilities shall be installed, operated and maintained Transport facilities.

in such a way as to ensure the health and safety of drivers, users and

other persons in the vicinity.

7. Mechanical manwinding or manriding facilities must be Mechanical

manwinding or

properly installed and used in accordance with written instructions.

manriding facilities.

8. (1) Support shall be provided as soon as possible after Provision of support

excavation, except where the stability of the ground makes it unnecessary after excavation.

for the safety of workers.

(2) It shall be installed in accordance with plans and written

instructions

9. Workings accessible to workers shall be inspected regularly

for ground stability and all support shall be maintained accordingly.

10. (1) All underground workings to which access is permitted Adequate

ventilation.

shall be ventilated in an appropriate manner.

(2) Continuous ventilation shall be provided to maintain>

(a)

a healthy atmosphere<

(b) an atmosphere in which the risks of explosion and

respirable dust are kept under control<

(c) an atmosphere in which working conditions are adequate

while work is in progress, having regards to the working methods

being used and the physical demands placed on the workers.

11. (1) Where the requirements of the preceding point cannot Mechanical

be met by natural ventilation, the main ventilation shall be provided by ventilation.

means of one or more mechanical fans.

(2) The employer shall take the necessary steps to ensure

stable and continuous ventilation.

(3) The depression of the main fans shall be monitored

continuously with an automatic alarm indicating unscheduled stoppages.

12. (1) The ventilation parameters shall be measured and

recorded periodically.

(2) A ventilation plan containing the relevant details of the

ventilation system shall be prepared, brought up to date periodically

and held available at the workplace.

13. (1) An underground working shall be deemed to be gassy

if firedamp is likely to be released in such a quantity that the risk of

formation of an explosive atmosphere cannot be excluded.

(2) The main ventilation shall be provided by one or more

mechanical fans.

14. (1) Notwithstanding that working must proceed taking into

account firedamp emission, the employer shall take all the steps

necessary to eliminate as far as possible the risks arising from firedamp.

(2) The ventilation measurement referred to in the preceding

regulation 12 shall be supplemented by firedamp determinations.

(3) Where required by the Health and Safety Document,

firedamp levels shall also be continuously monitored in return airways

from production units using mechanized extraction or underwinning

and at the head ends of mechanized blind end workings.

15. (1) Auxiliary ventilation shall be limited to development

and salvage work and to places with a direct connection to the main

ventilation current.

(2) Production workings may be ventilated by auxiliary

systems only if the employer takes all the appropriate additional

measures to ensure the health and safety of workers.

(3) Any measures taken under the preceding paragraph shall

be included in the Health and Safety Document.

16. Only explosives and initiating devices intended specifically

Limitation on use of

explosives for gassy

for gassy mines shall be used.

17. (1) Smoking, carrying tobacco for smoking and any objects

which may be used to produce a flame are prohibited.

(2) Flame cutting, welding and other similar operations are

permitted only in exceptional circumstances and subject to the

introduction by the employer of specific measures ensuring the health

and safety of the workers.

(3) Any measures taken under the preceding paragraph shall

be included in the Health and Safety Document.

18. (1) Coal mines shall be deemed to be susceptible to Mines containing

flammable dusts.

flammable dusts, except in cases where the Health and Safety Document

shows that none of the seams being worked contains dust liable to

propagate an explosion.

(2) In mines with flammable dusts regulations 16 and 17 of

this Annex shall apply mutatis mutandis.

19. (1) The employer shall take the necessary steps to reduce

flammable dust deposits and to remove, neutralise or bind the same.

(2) The measures taken in accordance with the preceding

paragraph shall be included in the Health and Safety Document.

20. (1) The employer shall install a system of explosion barriers

to limit the propagation of flammable dust and/or firedamp explosions

which are liable to trigger further flammable dust explosions.

(2) The locations of the abovementioned explosion barriers

shall be located in the Health and Safety Document.

21. In zones susceptible to gas outbursts with or without the Gas outbursts.

projection of minerals or rock, rockbursts or water inrushes, the employer rockbursts

water inrushes.

shall draw up and implement an operating plan to ensure, as far as

possible, a safe system of work and the protection of workers.

22. (1) The employer shall take all necessary measures to Identification of risk

identify risk zones, protect workers in workings approaching or zones.

traversing these zones, and control the risks.

(2) The measures taken in accordance with the preceding

paragraph shall be included in the Health and Safety Document.

23. The employer shall ensure the prevention and, where Fires, combustion

and heatings.

appropriate, early detection of spontaneous combustion.

24. Flammable materials taken into underground workings shall Limitation on

quantities of

be limited to the quantities which are strictly necessary.

flammable materials

underground.

25. (1) In cases where it is necessary to use hydraulic fluids,

fluids which are difficult to ignite shall, as far as possible, be used in

order to avoid the risk of fire and its spread.

(2) The hydraulic fluids shall satisfy specifications and test

conditions relating to fire resistance and hygiene criteria.

(3) Where hydraulic fluids not satisfying the specifications,

criteria and conditions referred to in the preceding paragraph are used,

additional precautions to avoid the increased risk of fire and its spread

shall be used.

26. (1) Workers shall, where necessary, be provided with self-

rescue respiratory protection devices to enable their withdrawal in safety.

(2) The workers shall always keep these devices within their

reach.

(3) The employer shall provide the workers with training

in the use of these devices.

Workers shall be provided with a suitable personal lamp.

27.

28. Workstations shall, as far as possible, be equipped with

artificial lighting adequate for the protection of the health and safety of

workers.

29. Lighting installations shall be placed in such a way that there

is no risk of accident to workers as a result of the type of lighting fitted.

30. (1) The employer shall introduce measures to ensure that

position of workers.

it is possible to know exactly who is underground at any time.

(2) Any such measure shall be included in the Health and

Safety Document.

31. (1) The employer shall establish an adequate rescue

organization to enable suitable action to be taken rapidly and effectively

in the event of a major accident.

(2) The rescue organization shall have a sufficient number

of trained workers and adequate rescue equipment at its disposal to

enable it to act at any site where underground extraction or exploratory

workings are in progress.

Sanitary installations may be located on the surface.

32. Schedule I

Content of Geotechnical Assessments

Site survey

1. An accurate plan which should be prepared on a scale not less detailed than

1> 2500 showing -

(a) the boundaries of the quarry or premises upon which the excavation or

proposed excavation is or is to be situated<

(b) the site of the excavation or proposed excavation<

(c) any contiguous land or structures which might be affected by the

excavation or proposed excavation< and

(d) all mine workings (whether abandoned or not), buried quarry workings,

known cave systems, active or former landslips, springs, artesian wells,

watercourses and other natural or man-made features including tunnel pipes or

culverts which might affect the safety of the excavation or proposed excavation

or which might be relevant for the purpose of determining whether excavation

ping operations can be carried out safely.

Site investigation

2. A record of all relevant site investigation information including surveys, tests,

boreholes and groundwater measurements made for the purpose of the geotechnical

assessment together with the results of any testing including the strength of materials

within and beneath the tip or within the excavated slope. The record shall include

any known historical information relevant to the site investigation.

Cross-sections based on site investigation

3. Sufficient accurate cross-sections on a scale not less detailed than 1>1250 of

the site of the excavation or proposed excavation showing the existing ground surface

and all relevant superficial materials and bedrock underlying the said site and -

(a) any variation in the thickness, level or character of the superficial

deposits and bedrock materials based on the site investigation< and

(b) the position of any surface whether natural or manmade which may

affect the safety of the excavation or proposed excavation.

Plans based on site investigation

4. Plans showing the position of all boreholes, wells and trial pits used in the

site investigation and the location and levels of all materials and surfaces which may

affect the safety of the excavation or proposed excavation.

Assumptions made before analysis

5. A record of any assumptions relevant to the assessment of ground conditions

relating to the safety of the excavation made by the geotechnical specialist including a

record of any relevant information which was not available when undertaking the

assessment.

Findings of analysis

6. A record of the calculations carried out in order to determine the safety of the

excavation, including any variables or parameters used in those calculations and the

reasons for using them and the findings of those calculations expressed as the factor of

safety or the probability of failure or other recognised basis of assessing stability.

Design coming out of analysis

7. An accurate plan on a scale not less detailed than 1>2500 recording, in relation

to excavations or proposed excavations, the design of the excavation, including the

height or proposed height of the slope, the position and width of any benches and

representative contours of the excavation at vertical intervals of not more than 5 metres.

Requirements during and after construction

8. A record of the nature and extent of inspection, supervision and safety

measures necessary to ensure the safety of the excavation and a specification of

necessary engineering works and safety measures. A record of the action to be taken

regarding defects specified in the report.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press