PROTECTION OF WORKERS IN THE MINERAL EXTRACTING INDUSTRIES THROUGH DRILLING AND WORKERS IN SURFACE AND

SUBSIDIARY LEGISLATION 424.26

PROTECTION OF WORKERS IN THE MINERAL

EXTRACTING INDUSTRIES THROUGH DRILLING

AND WORKERS IN SURFACE AND

UNDERGROUND MINERAL EXTRACTING

INDUSTRIES REGULATIONS *

28th November, 2003;

1st May, 2004

LEGAL NOTICE 379 of 2003, as amended by Act XXXIII of 2024.

(1) The title of these regulations is the Protection of

Workers in the Mineral Extracting Industries through Drilling and

Workers in Surface and Underground Mineral Extracting Industries

Regulations.

(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 -

"the Act" means the Health and Safety at Work Act;

"Authority" means the Occupational Health and Safety Authority

established by article 4 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;

"mineral-extracting industries through drilling" means any

*These regulations have been transferred to Cap. 646. Vide S.L. 646.18 and Act

XXXIII of 2024.

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

r e g ul a t io ns t o su rf a c e and un de rg r ou nd mi n e r a l -e xt r a c t in g

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

p u r p o s e o f c a r r y i n g o u t an y b u i l d i n g , c i v i l e n g i n e e r i n g o r

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)(a)(ii), Annex IV, to be responsible for shotfiring operations;

"workers’ health and safety representative" means a person, elected,

chosen or designated, as prescribed in regulations, to represent

workers on all matters relating to the promotion and protection of their

health or safety at work.

The obligations laid down in the Annexes to these

regulations 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 article 12

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 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 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 work pla ce, each e mployer shall be

responsible for all matters under his control.

(2) The employer responsible for the workplace shall

coordinate 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 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 necessary warning operations to be launched immediately if the

need arises.

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

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

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 be

consulted in the manner specified in article 6(4) of the Act and in

regulation 13 of the General Provisions.

(2) The 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 representative shall not be placed at a disadvantage

owing to his activities.

These regulations shall not apply to mineral extraction by

dredging provided that the protection of the workers concerned is

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 shift.

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

a 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, instructions, training and retraining to ensure their

health and safety.

5. Written instructions shall be drawn up for every workplace

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 in respect of each activity.

7. (1) Where required by the health and safety document, the

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 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

maintenance of mechanical and electrical equipment shall take

place 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

Requirements for the Use of Personal Protective Equipment at

Work Regulations, 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

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

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.

(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

wa y th at wo rk ers are no t exp osed t o drau gh ts wh ich c ause

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

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

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 subregulation (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

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

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

regulations shall be established as necessary.

If the workplaces contain danger areas in which, owing to

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

subregulation (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

facilities to lie down to rest in appropriate conditions.

(1) If necessary, workplaces shall be organized to take

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.

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

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

workplace at which workers are present shall be provided with

(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 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 in emergencies.

11. Rescue equipment must be provided at readily accessible

and 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

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 regulation 2(1) of this

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 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; 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 subregulation (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 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 subregulation

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

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

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

t h e Wo r k P l a c e ( P r o v i s i o n o f H e a t h a n d , o r S a f e t y S i g n s )

Regulations.

(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 in 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

use during borehole operations to protect against 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

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-

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

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.

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

subregulation (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

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 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 regulation 11(1) shall provide

a p p r op r i a t e f a c i l it i e s t o en a b l e t h e e q u i pm e n t s p e c i f i e d 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

readily accessible from 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

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. 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

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.

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

accommodation area, lavatories, washbasins and, if necessary,

suitable 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

women.

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

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 av ai lab le on the helicop ter deck duri ng helicopter

movements.

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

health and safety of workers in the mineral-extracting industries

through 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 subregulation (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. 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.

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) 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 forcibly 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; 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 of all proposed or existing excavations is undertaken by a

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

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

the 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 I;

(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 subregulation (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

subregulation (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 regulation 7(1)(d), 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

following a geotechnical assessment of a proposed or existing

excavation 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 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

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

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.

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.

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.

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

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 subregulation

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.

22. The employer shall ensure that -

(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

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

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 faces above work areas or haul roads shall be checked

for loose ground or rocks.

(2)

Scaling shall be carried out where necessary.

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

instability is created.

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 out 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 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

properly installed and used in accordance with written instructions.

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

excavation, except where the stability of the ground makes it

unnecessary 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

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

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

by 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 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 subregulation (2) shall be

included in the health and safety document.

16. Only explosives and initiating

devices

intended

specifically 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 subregulation (2) shall be

included in the health and safety document.

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

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 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 subregulation (1)

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 above-mentioned explosion barriers

shall be located in the health and safety document.

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

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

employer 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

identify risk zones, protect workers in workings approaching or

traversing these zones, and control the risks.

(2) The measures taken in accordance with subregulation (1)

shall be included in the health and safety document.

23. The employer shall ensure the prevention and, where

appropriate, early detection of spontaneous combustion.

24. Flammable materials taken into underground workings

shall be limited to the quantities which are strictly necessary.

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 subregulation (2) 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.

27. Workers shall be provided with a suitable personal lamp.

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

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.

32. Sanitary installations may be located on the surface.

PROTECTION OF WORKERS IN THE MINERAL EXTRACTING

INDUSTRIES THROUGH DRILLING AND WORKERS IN SURFACE

AND UNDERGROUND MINERAL EXTRACTING INDUSTRIES

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 inform ation 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

PROTECTION OF WORKERS IN THE MINERAL EXTRACTING

INDUSTRIES THROUGH DRILLING AND WORKERS IN SURFACE

AND UNDERGROUND MINERAL EXTRACTING INDUSTRIES

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.