MINES, QUARRIES, WORKS AND MACHINERY: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Mines, Quarries, Works and Machinery Regulations

MINES, QUARRIES, WORKS AND MACHINERY REGULATIONS

(under section 11)

(1st November, 1978)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATION

 

 

 

PART I
Citation and Interpretation

 

   1.   Citation

 

   2.   Interpretation

 

 

 

PART II
Management and Control

 

   3.   Duty of holder, owner or agent

 

   4.   Notice required by holder, owner or agent

 

   5.   Approval of manager

 

   6.   Appointment of manager and additional managers for every operating mine, quarry or works

 

   7.   Working more than seven days without a manager

 

   8.   General duties of managers

 

   9.   Appointment of persons to assist manager

 

   10.   Notice of appointment and termination

 

   11.   Manager to enforce Regulations

 

 

 

PART III
Responsibilities and Duties of Officials and Competent Persons

 

   12.   Inspection by officials and competent persons

 

   13.   Appointment of electrical engineer and electricians

 

   14.   Appointment of mechanical engineer and subordinate engineers

 

   15.   Appointment of surveyor, ventilation officer and process engineer

 

   16.   Appointment and responsibility of mine captain or overman

 

   17.   Appointment and responsibility of shift boss or deputy

 

   18.   Appointment of person in charge

 

   19.   Determination of number of persons underground

 

   20.   Deputing of work

 

 

 

PART IV
Duties and Conduct of Persons

 

   21.   Copies of Regulations and rules to be supplied where applicable

 

   22.   Persons observing, knowing or hearing of danger

 

   23.   Illegal acts

 

   24.   Wilful damage prohibited

 

   25.   Complaints of danger

 

   26.   Duty of persons in charge of things

 

   27.   Reckless and negligent acts

 

   28.   Responsibility of contractors

 

   29.   Responsibility of supervisors

 

   30.   Responsibility of employees

 

   31.   No unauthorized person to enter mine, quarry or works

 

   32.   Intoxicating liquor or drugs

 

   33.   Orderly behaviour

 

   34.   Offences

 

 

 

PART V
Accidents

 

   35.   Notification of accidents

 

   36.   Injury resulting in death

 

   37.   Dangerous occurrences which are to be reported

 

   38.   Reporting of accidents

 

 

 

PART VI
First-Aid

 

   39.   Provision of first-aid stations and equipment where more than 150 persons are at work on surface

 

   40.   Provision of first-aid accommodation and equipment where 150 persons or less are at work on surface

 

   41.   First-aid requirements on surface

 

   42.   Provision of first-aid posts and equipment underground

 

   43.   First-aid requirements underground

 

   44.   Appointment of sufficient qualified persons

 

   45.   First-aid and mining first-aid certificates

 

   46.   Antidotes for poisons

 

   47.   Notices for treatment

 

   48.   Injured or sick persons to be treated without delay

 

   49.   Medical attendance and conveyance of injured persons

 

   50.   Offence to misuse or steal first-aid equipment

 

 

 

PART VII
Mine Rescue

 

   51.   Code of procedure

 

   52.   Training to use breathing apparatus

 

   53.   Mine rescue plan

 

   54.   Route to be taken to be marked

 

   55.   Captain not to proceed without plan

 

   56.   Rescue brigades

 

   57.   Brigadesmen to be certified medically fit

 

   58.   Brigadesmen not to be employed underground simultaneously

 

   59.   Captain of brigade to be appointed

 

   60.   Training

 

   61.   Arrangements to summon brigadesmen

 

   62.   Breathing apparatus

 

   63.   Birds and apparatus for testing

 

   64.   Communication to surface

 

 

 

PART VIII
Safety and Protection in Working Places

 

   65.   Fencing of dangerous places underground

 

   66.   Shaft collars to be raised

 

   67.   Advanced boreholes in dangerous ground

 

   68.   Protection at excavations

 

   69.   Protection at main ore and waste passes

 

   70.   Slyping of shafts, raises and winzes

 

   71.   Provisions for platforms

 

   72.   Precautions as to broken material

 

   73.   Hung up passes

 

   74.   Men alone underground

 

   75.   Pinch bars

 

   76.   Falling objects

 

   77.   Protective equipment

 

   78.   Safety belts, chains or ropes

 

   79.   Designated areas for protective equipment

 

   80.   Prevention of flooding

 

   81.   Protection against water

 

   82.   Construction of dams and bulkheads underground

 

   83.   Precautions against vessels, etc.

 

 

 

PART IX
Precautions in Cases of Danger

 

   84.   Withdrawal of employees in case of danger

 

   85.   Precautions against external danger to workings

 

   86.   Thickness of strata

 

   87.   Emergency escape ways

 

   88.   Inspection of escape ways

 

   89.   Emergency warning system

 

   90.   Test of warning system

 

 

 

PART X
Health and Labour

 

   91.   Medical examination

 

   92.   Persons suffering from certain diseases not to enter underground workings

 

   93.   Register of persons employed

 

   94.   Restriction on doing of work by unskilled persons

 

   95.   Intoxicated or drugged persons

 

   96.   Sleeping

 

   97.   Pollution

 

   98.   Stagnant water

 

   99.   Waste timber

 

   100.   Drinking water

 

   101.   Change houses

 

   102.   Sanitary accommodation

 

   103.   Provision of washing and eating facilities where toxic substances are handled

 

 

 

PART XI
Noise, Vibration and Radioactivity

 

   104.   Noise control

 

   105.   Hearing conservation equipment

 

   106.   Protection against vibration

 

   107.   Protection against radioactive substances

 

 

 

PART XII
Ventilation, Dust and Toxic Gases

 

   108.   Provision of adequate ventilation

 

   109.   Engineer to impose maximums

 

   110.   When ventilation ceases to be adequate manager to restore

 

   111.   Persons unknowingly exposed to bad conditions

 

   112.   Persons not to enter where conditions are known to be bad

 

   113.   When respirators are to be worn

 

   114.   Determinations to be made underground

 

   115.   Detection of harmful toxic gases

 

   116.   Recording of determinations taken underground

 

   117.   Notification of inflammable gas

 

   118.   Operation areas of diesel units

 

   119.   Precautions where mechanical failure occurs

 

   120.   Manager to ensure safety underground where diesel units run

 

   121.   Provisions for doors, etc.

 

   122.   Ventilation doors

 

   123.   Provision of mechanical means

 

   124.   Main fans to have automatic alarms

 

   125.   No harmful re-circulation of air permitted

 

   126.   Withdrawal of persons when ventilation is inadequate

 

   127.   Rock machines to be approved

 

   128.   Water pressure for rock drills and rock borers

 

   129.   Suitable water for dust suppression

 

   130.   Installation of water supply at stope grizzlies

 

   131.   Dust on surfaces

 

   132.   Rock to be wetted when lashing

 

   133.   Use of compressed air

 

   134.   Ventilation of dead ends

 

   135.   Water blasts

 

   136.   Primary blasting schedule and re-entry times to be specified

 

   137.   Secondary blasting and re-entry schedule

 

   138.   Removal, control or disposal of dust

 

   139.   Collection and disposal of dust at filtration unit or plant

 

   140.   Surface plant or buildings to be ventilated

 

   141.   Plant and buildings in which toxic substances and dust are removed or evolved

 

   142.   Removal of toxic substances at or near source

 

   143.   Determinations to be made on surface

 

   144.   Recording of determinations on surface

 

   145.   Pits, tanks, etc.

 

   146.   Use of ventilating equipment

 

   147.   Determinations and evaluations to be approved by Engineer

 

   148.   Ventilation plans for underground mine

 

 

 

PART XIII
Fire Precautions

 

   149.   Manager to ensure adequate precautions

 

   150.   Provision of fire-fighting equipment

 

   151.   Inspection and maintenance of fire-fighting equipment

 

   152.   Fire-fighting equipment

 

   153.   Arrangements for fighting fires

 

   154.   Fire hazard areas

 

   155.   Detection of fires

 

   156.   Withdrawal of persons

 

   157.   Auxiliary exits for plant buildings

 

   158.   Fire doors

 

   159.   Transfer of liquid fuels

 

   160.   Storage of liquid fuels

 

   161.   Oils and grease underground

 

   162.   Fire prevention

 

 

 

PART XIV
Lighting and Electricity

 

   163.   Persons to have lighted lamps at all times underground

 

   164.   Only approved carbide lamps

 

   165.   Provisions for permanent lighting: underground

 

   166.   Provisions for permanent lighting: surface

 

   167.   Lighting by electricity

 

   168.   Individual circuits

 

   169.   Stand-by lighting

 

   170.   Portable electric lights

 

   171.   Provisions for lamp room

 

   172.   Notice of introduction of electricity

 

   173.   Installation

 

   174.   Installation of electrical equipment containing inflammable liquid

 

   175.   Standard of apparatus

 

   176.   Maintenance and fire precautions

 

   177.   Plans and diagrams required to be kept

 

   178.   Main switchgear for controlling supply of electricity underground

 

   179.   Other means for cutting off electricity

 

   180.   Remote control by electricity

 

   181.   Housing of apparatus

 

   182.   Fencing off to prohibit unauthorized persons

 

   183.   Only apparatus of sufficient power to be used

 

   184.   Risk of ignition

 

   185.   Protection of persons and apparatus

 

   186.   Inspection, examination and testing of apparatus

 

   187.   Examination and testing

 

   188.   No person to wilfully damage apparatus

 

   189.   Insulation

 

   190.   Earthing

 

   191.   Provisions relating to conductors

 

   192.   Electric cables

 

   193.   Trailing cables

 

   194.   Flexible cables

 

   195.   Blasting cables

 

   196.   Switchgear and electrical joints and connections

 

   197.   Portable hand tools

 

   198.   Telephone and signalling apparatus underground

 

   199.   Notices to be exhibited

 

   200.   Locomotive systems and trolley lines

 

   201.   Charging stations

 

   202.   Precautions and offences

 

   203.   Competent person to be available

 

   204.   Conditions for overhead lines

 

   205.   Anti-climbing device

 

 

 

PART XV
Surface Protection: Abandoned Shafts

 

   206.   Fencing of shafts

 

   207.   Protection of surface excavation

 

   208.   Protection of mine, quarry, works and surface

 

   209.   Surface subsidence

 

   210.   Underground boundary pillars

 

   211.   Slimes dams and slimes stores

 

   212.   Danger from carbonaceous materials

 

   213.   Protection of abandoned excavations and shafts

 

   214.   Damage to abandoned excavations and shafts

 

   215.   Duties on lapse of mineral concession

 

 

 

PART XVI
Outlets, Ladderways and Travelling Ways Underground

 

   216.   Two separate and independent shafts or outlets to be provided

 

   217.   Two separate and independent means of ingress and egress to be provided

 

   218.   Responsibility when the shaft or outlet and means of ingress and egress are situated in another mine

 

   219.   Ingress and egress only by authorized ways

 

   220.   Ladderways and travelling ways for leaving parts of the mine

 

   221.   When separate ladderway compartment is required

 

   222.   Requirements for ladderways

 

   223.   Other ladders

 

   224.   Vertical ladders

 

   225.   Sinking operations

 

   226.   Objects carried on ladderways

 

   227.   Shaft inspection

 

   228.   Shaft log book

 

 

 

PART XVII
Dumps

 

   229.   Drainage of dumps

 

   230.   Dumping over mine areas

 

   231.   Appointment of competent person to supervise

 

   232.   Abnormalities

 

   233.   Dumping procedures

 

   234.   Notification of dumps

 

   235.   Engineer may deem dump to be a classified dump

 

   236.   Plans and report

 

   237.   Reporting on security

 

   238.   Notification of cessation of dumping

 

   239.   Inspection of active classified dumps

 

   240.   Inspection of closed classified dumps

 

   241.   Reports on active classified dumps

 

   242.   Reports on closed classified dumps

 

   243.   Record to be kept

 

   244.   Abandonment

 

   245.   Duties of manager

 

   246.   Directions

 

   247.   Exemptions

 

   248.   Appeals

 

 

 

PART XVIII
Excavations, Buildings, Construction and Demolition

 

   249.   Excavations

 

   250.   Competent person in charge of building and construction

 

   251.   Safety hats

 

   252.   Standard of construction

 

   253.   Scaffolds inspection and erection

 

   254.   Frequency of inspection

 

   255.   Skips, buckets, boatswain's chair, etc.

 

   256.   Trestle scaffolds

 

   257.   Ladder scaffolds

 

   258.   No overloading of scaffolds

 

   259.   Provisions for platforms

 

   260.   Planking, guard-rails and toe boards on platforms

 

   261.   Openings left in roofs or floors

 

   262.   Working on sloping surfaces

 

   263.   Protection for persons on roofs

 

   264.   Gangways and runs

 

   265.   Guard-rails for gangways, etc.

 

   266.   Platforms, etc. to be unobstructed

 

   267.   When any working place becomes permanent, provisions for safety

 

   268.   Builder's hoist

 

   269.   Safe procedure

 

   270.   Competent person in charge of demolition

 

   271.   Precautions to be taken during demolition work

 

   272.   Glass and sash removal

 

   273.   Walls

 

   274.   Overloading of floors

 

   275.   Demolishing walls

 

   276.   Housekeeping

 

   277.   Throwing material from upper floors

 

   278.   Steel structures

 

   279.   Controlled lowering of structural members

 

   280.   Provision of chutes

 

   281.   Elevation restrictions

 

   282.   Warning signs

 

   283.   Scaffolds, lifelines, safety belts, nets

 

   284.   Shed and tool boxes

 

 

 

PART XIX
Diesel Units and Fuel Storage Underground

 

   285.   Use of engines underground

 

   286.   Exhaust gas scrubbers or exhaust purifiers

 

   287.   Provisions relating to diesel engines

 

   288.   Control of gases in diesel unit underground

 

   289.   Portable fire extinguisher on a diesel unit

 

   290.   Driver to ensure that fire extinguisher is affixed

 

   291.   Diesel unit to have speed indicator

 

   292.   Drivers to have unobstructed view

 

   293.   Examination of diesel unit

 

   294.   Diesel units to be replenished at filling stations only

 

   295.   Filling in initial stage of development

 

   296.   Manager to ensure safety of filling station

 

   297.   Removal of contaminated material

 

   298.   Wiping oil off diesel engine

 

   299.   No removal of oil from filling station while engine is running

 

   300.   No smoking or use of naked lights at filling stations

 

   301.   Adequate and suitable lighting to be provided

 

   302.   Oil to be conveyed only in suitable containers

 

   303.   No delivery of oil in pipes

 

   304.   Flash point and sulphur content of oil to be used underground

 

   305.   Manner of keeping suitable container or tank

 

   306.   No transfer or filling to take place within 3 m of conductor

 

   307.   No riding on units unless there is adequate accommodation

 

   308.   Engine of diesel unit underground to be off when stationary

 

 

 

PART XX
Haulage-Surface and Underground

 

   309.   Provisions relating to use of ropeways and vehicles running on rails

 

   310.   Inspection of vehicular roads

 

   311.   Provisions relating to trains

 

   312.   Clearance and refuge holes

 

   313.   Brakes, lighting and other requirements for locomotives

 

   314.   Clearance for trackless vehicles and provisions for refuge holes

 

   315.   Dimensions of refuge holes

 

   316.   When no movement of persons is permitted

 

   317.   Isolation of live trolley line

 

   318.   Specifications for self-propelled trackless vehicles

 

   319.   Driver to ensure that vehicle has necessary safety requirements

 

   320.   Fire extinguisher for vehicles

 

   321.   Speed indicator for vehicles

 

   322.   Manager to ensure that vehicle has unobstructed view

 

   323.   Vehicle not to be left unattended

 

   324.   Manager to establish a scheme for inspection, examination and testing of vehicles

 

   325.   Vehicles to be examined at suitable workshop

 

   326.   Offences in connection with any vehicle

 

   327.   Safety provisions in respect of tipping vehicles

 

   328.   Safety devices for trucks or cars attached to a rope or chain

 

   329.   Restriction on riding in vehicles

 

 

 

PART XXI
Conveyors

 

   330.   Standard of construction

 

   331.   Guards

 

   332.   Anchoring

 

   333.   Warning device before starting

 

   334.   Emergency stop device

 

   335.   Cleaning

 

   336.   Riding of persons

 

   337.   Walkways

 

   338.   Crossing places

 

   339.   Spillage from conveyors

 

   340.   Installation

 

   341.   Overheating

 

   342.   Inspection of rollers and bearings

 

   343.   Lubricants

 

   344.   Clearing and dust

 

 

 

PART XXII
Lifts

 

   345.   Certificate of permission

 

   346.   When persons forbidden to ride

 

   347.   Suitability of lift installations

 

   348.   Construction of conveyance

 

   349.   Brakes

 

   350.   Overrun devices

 

   351.   Underrun and overrun clear space

 

   352.   Buffers

 

   353.   Ropes and attachments

 

   354.   Failure of rope

 

   355.   Fixing of ropes to drums

 

   356.   Provision of gates

 

   357.   Notices to be exhibited

 

   358.   Not to be used during repairs

 

   359.   Competent person to examine

 

   360.   Lift record book

 

 

 

PART XXIII
Winding Plant, Attachments, Ropes and Examinations

 

   361.   Inspector to test winding plant

 

   362.   No modifications to winding plant

 

   363.   Provisions for shafts

 

   364.   Provisions for headgear

 

   365.   Provisions for winding

 

   366.   Further provisions for winding engines

 

   367.   Safety devices for man winding in vertical shafts

 

   368.   Attachments between rope and conveyance

 

   369.   Suspension gear

 

   370.   Hoisting ropes

 

   371.   Provisions for hoisting ropes

 

   372.   Capping or cutting of hoisting ropes

 

   373.   Special tests

 

   374.   Safety factor for hoisting rope

 

   375.   Safety factor for ropes

 

   376.   Removal of rope

 

   377.   Use of old rope

 

   378.   Examination of winding plant

 

   379.   Provisions for sinking

 

   380.   Driver's log book

 

   381.   Offence to deface driver's log book

 

   382.   Books open to inspection

 

   383.   Cages

 

   384.   Other conveyance

 

   385.   Roof or cover

 

   386.   Examination platform

 

   387.   Trailers

 

   388.   Manually operated or remote controlled winding plant

 

   389.   Stop blocks

 

 

 

PART XXIV
Shaft Signals

 

   390.   Banksmen, onsetters and cagetenders

 

   391.   Persons authorized to give signals

 

   392.   Effective signals between driver, bank and stations

 

   393.   Signalling arrangements in main winding compartments

 

   394.   Code of signals

 

   395.   Signals for shaft examinations

 

   396.   Signalling system for vertical shaft sinking

 

   397.   Signalling system for inclined shaft sinking

 

 

 

PART XXV
Winding, Engine Drivers and Certificates

 

   398.   Windlasses and ropes

 

   399.   Instructions on onsetter, etc., to be obeyed

 

   400.   Restrictions on entering winding compartment

 

   401.   Winding prohibited during repairs

 

   402.   Protection for sinkers

 

   403.   Crossheads, filling and cleaning of conveyances

 

   404.   Stopping of conveyance 5 m from bottom

 

   405.   Securing of projecting materials

 

   406.   Drivers not to be distracted and only authorized person in winding room

 

   407.   Driver not to work more than 10 hours

 

   408.   Persons not to travel with material

 

   409.   Persons not to ride outside conveyance

 

   410.   Persons to enter only when conveyance properly positioned

 

   411.   No smoking in cage, kibble or skip

 

   412.   Medical certificates for persons in charge of winding engine

 

   413.   Driver to be certificated

 

   414.   Duties of driver

 

   415.   Manager to check validity of certificate

 

   416.   Qualifications of driver

 

   417.   Board of examiners

 

   418.   When board to meet

 

   419.   Qualifications of members of board

 

   420.   Rules for the conduct of the board

 

   421.   Recommendation for issue of certificate

 

   422.   Validity of certificate

 

   423.   Suspension of certificate

 

   424.   Fee

 

   425.   Non-certified person to drive in emergency

 

   426.   Issue of certificates of test

 

   427.   Regulations applicable to certificate

 

 

 

PART XXVI
Machinery, Lifting Appliances and Welding

 

   428.   Safe use

 

   429.   Suitability of machines

 

   430.   Provision of guards

 

   431.   Admittance to place where machinery used

 

   432.   Charge of machinery

 

   433.   Repairing and oiling

 

   434.   Precautions for belt driven machinery

 

   435.   No loose clothing or long hair near machinery

 

   436.   Means of access to machinery

 

   437.   Starting machinery

 

   438.   Inspection of machinery

 

   439.   Provision of goggles and screens when using machinery

 

   440.   Guards for grinding wheels

 

   441.   Audible warning device for lifting appliance

 

   442.   Stability of lifting appliance

 

   443.   Ballasting diagram for lifting appliance

 

   444.   Passageway to be maintained

 

   445.   Use of lifting appliance near power lines

 

   446.   Erection and testing of lifting appliance

 

   447.   Safe loads and identification marks

 

   448.   Automatic indicator or tables for variable lifting device

 

   449.   Provision for chain or wire rope

 

   450.   Securing of chain or wire rope

 

   451.   No suspension of load from unattended appliance

 

   452.   Warning to oncoming craneman

 

   453.   Leaving crane cab

 

   454.   Efficient brakes to hold load

 

   455.   Suitable controls

 

   456.   Persons not to ride except on platform of lifting appliance

 

   457.   Safety factor for lifting appliance

 

   458.   No appliance to be loaded beyond safe load

 

   459.   Inspection before use

 

   460.   Competent person only to operate lifting appliance

 

   461.   Distinct signals to be given

 

   462.   Provisions for platforms of lifting appliance

 

   463.   Suitability of track upon which lifting appliance moves

 

   464.   Travelling brakes on lifting appliance

 

   465.   Overwind and overrunning devices

 

   466.   No person to work on lifting appliance

 

   467.   Load to be secured

 

   468.   Containers to be designed to prevent spillage

 

   469.   Record to be kept

 

   470.   Provisions for all lifting gear

 

   471.   Repairs to lifting appliances

 

   472.   Provisions for hooks

 

   473.   Annealing of chains and lifting gear

 

   474.   Testing of chains and examinations of wire rope slings

 

   475.   Use of impaired rope prohibited

 

   476.   Platforms, etc., becoming slippery

 

   477.   Welding or cutting by electric arc or gas flame

 

   478.   Ventilation during welding or cutting

 

   479.   Precautions whilst welding or cutting

 

   480.   Gas cylinders

 

   481.   Transport of cylinders

 

 

 

PART XXVII
Steam Boilers, Steam Containers and Steam and Air Receivers

 

   482.   Standard of construction

 

   483.   Boilers underground

 

   484.   Requirements for boilers

 

   485.   Safety valves for boilers

 

   486.   Provision of stop valves

 

   487.   Pressure gauges for boilers

 

   488.   Feed water

 

   489.   Water levels

 

   490.   Blow down valve

 

   491.   Pipes, fittings not to be screwed into shell

 

   492.   Steam receiver modification

 

   493.   Blowing down of boilers

 

   494.   Conditions before cleaning boilers

 

   495.   Examination of boilers not to exceed 14 months

 

   496.   Examination by hydraulic pressure

 

   497.   Reduction of maximum working pressure

 

   498.   Record of particulars and information on boilers

 

   499.   Safety valves for evaporators

 

   500.   Regulations not applicable to evaporators

 

   501.   Air receivers

 

   502.   Examination and testing of air receivers

 

   503.   Mounting of air receivers

 

   504.   Safety valves for air receivers

 

   505.   Pressure gauges for air receivers

 

   506.   Drain valves

 

   507.   Pipes, plugs, fittings

 

   508.   Examination of air receivers

 

   509.   Record of examination and test

 

   510.   Fitting of thermometers and pyrometers

 

   511.   Exemption for gas cylinders

 

 

 

PART XXVIII
Processing Plants and Metallurgical Works

 

   512.   Working in storage bins

 

   513.   Inspection of stock pile

 

   514.   Transfer of liquids by compressed air

 

   515.   Storage of acids and poisons

 

   516.   Cleaning screw conveyors

 

   517.   Poisonous vapours

 

   518.   Life lines when noxious gases present

 

   519.   Rescue apparatus

 

   520.   Only authorized persons to enter

 

   521.   Shields for protection against burning

 

   522.   Supervision of hazardous work

 

   523.   Work inside furnace

 

   524.   Persons to be warned whilst charging furnace

 

   525.   Clearing blockages

 

   526.   Coal dust spillages

 

   527.   Examination of moulds

 

   528.   Overfilling ladles not permitted

 

   529.   Transportation of molten material

 

   530.   Slag or matte launders

 

   531.   Precautions by trains conveying slag

 

 

 

PART XXIX
Special Provisions for Fiery and Coal Mines

 

   532.   Application of Part

 

   533.   Surface protection at coal mines

 

   534.   Danger from carbonaceous materials

 

   535.   Inflammable gas in intake airways

 

   536.   Determinations of firedamp content

 

   537.   Measurements of quantity of air

 

   538.   Firedamp detectors

 

   539.   Ventilation

 

   540.   Doors, regulators, stoppings

 

   541.   Examination of safety-lamps

 

   542.   Contraband

 

   543.   Searching of persons

 

   544.   Inspections

 

   545.   Persons not to be employed in coal-getting without experience

 

   546.   Riding on haulage

 

   547.   Electrical installations and equipment

 

   548.   Main fans

 

   549.   Underground fans

 

   550.   Stone dusting

 

   551.   Specification of stone dust

 

   552.   Sampling of roadway dust

 

   553.   Coal spillage

 

   554.   Stone dust barriers

 

   555.   Support

 

   556.   Withdrawal of support

 

 

 

PART XXX
Opencast Workings and Quarries

 

   557.   Undermining prohibited

 

   558.   Height of working face

 

   559.   Benches

 

   560.   Use of mechanical equipment

 

   561.   Use of internal combustion engines

 

   562.   Height of face in consolidated material

 

   563.   Fencing

 

   564.   Stripping overburden

 

   565.   Property boundaries

 

   566.   Inspections

 

   567.   Log book

 

   568.   Precaution when stock-piling

 

   569.   Backfilling

 

   570.   Life lines

 

   571.   Hoisting

 

   572.   Hoisting signals

 

   573.   Unattended equipment

 

   574.   Travelling ways

 

   575.   Lighting

 

   576.   Hard hats, safety shoes

 

   577.   Restriction on working

 

 

 

PART XXXI
Survey Plans

 

   578.   Responsibility of manager

 

   579.   Plans to be kept-surface and underground

 

   580.   Requirements for plans

 

   581.   Tracings or transparencies

 

   582.   Disposition of records on closing down

 

   583.   Responsibility for accuracy of plans

 

   584.   Secure storage

 

   585.   Returns treated in confidence

 

   586.   No modification of Land Survey Regulations

 

 

 

PART XXXII
Miscellaneous

 

   587.   Power of Minister to exempt

 

   588.   Power of Engineer to exempt

 

   589.   Regulation of construction of dams and reservoirs for water supplies

 

   590.   Water effluent

 

   591.   Storage of inflammable materials and calcium carbide

 

   592.   Hydrocarbon fuels and lubricants forbidden underground

 

   593.   Safe access and egress

 

   594.   Surface drilling platforms

 

   595.   Employment register

 

   596.   Labour and wages returns

 

   597.   Health and mortality returns

 

   598.   Mineral returns

 

   599.   Obtaining of forms

 

   600.   Ventilation returns

 

   601.   Yearly and other returns

 

   602.   Balance sheet: liquidator's report

 

   603.   Oath as to accuracy

 

   604.   Application to prospecting and exploration operations

 

   605.   Regulations not to apply to townships

 

 

 

      Schedule - Permissable Noise Exposures

 

 

S.I. 127, 1978,
S.I. 33, 2005.

PART I
Citation and Interpretation
(regs 1-2)

 

1.   Citation

   These Regulations may be cited as the Mines, Quarries, Works and Machinery Regulations.

 

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "abandoned place" means any place in which work has ceased and which is no longer in use;

   "active dump" means any dump on which dumping operations are currently proceeding and, if a classified dump, has not been recorded by the Engineer as a closed classified dump;

   "agent" means a person having, on behalf of the owner, the care or direction of a mine, quarry or plant or a part thereof;

   "air receiver" means-

 

   (a)   any vessel, other than a pipe coil or an accessory, fitting or part of a compressor, for containing compressed air and connected to an air compressing plant;

 

   (b)   any vessel for containing compressed air or compressed exhaust gases and used for the purpose of starting an internal combustion engine;

 

   (c)   any vessel in which any liquid is stored and from which it is forced by compressed air; and

 

   (d)   any fixed or portable vessel not being part of a spraying pistol used for the purpose of spraying by means of compressed air any paint, varnish, lacquer or similar material;

   "approved" means approved in writing by the Chief Government Mining Engineer;

   "authorized safe working pressure" means, in the case of pressure vessels and steam containers, that pressure specified by an inspector or approved inspecting authority which is entered in the record maintained for such pressure vessels and steam containers;

   "auxiliary fan" means any fan temporarily installed in any part of a mine to provide adequate ventilation in that part of the mine;

   "banksman" means any person authorized by the manager to be stationed at a shaft bank to supervise the loading and unloading of persons or material at the bank and to give the necessary signals;

   "blasting cable" means any cable or conductor used at a mine, quarry or works to supply current from a blasting box or other device for electric blasting;

   "booster fan" means any fan installed in a mine to assist a main fan to provide a primary ventilating current in any part of a mine;

   "builder's hoist" means an appliance used in connection with building work for raising or lowering material by means of a platform, skip, cage or other receptacle on a fixed guide or guides;

   "cage tender" means a person authorized by the manager to be in charge of and supervise the loading and unloading of persons or material at a bank and all stations in use in the shaft and to give the necessary signals;

   "circuit" means an electrical circuit forming a system or branch of a system;

   "circuit breaker" means a device for making and breaking an electrical circuit and fitted with some suitable means for automatically breaking the circuit under abnormal conditions;

   "classified dump" means a dump of any of the following classes-

 

   (a)   a dump consisting of material accumulated or deposited wholly or mainly in a solid state and not in solution or suspension where-

 

      (i)   the superficial area of the land covered by the material exceeds 10 000 m2 and the height of the dump exceeds 2 m;

 

      (ii)   the height of the dump exceeds 15 m; or

 

      (iii)   the average gradient of the land covered by the material exceeds 1 in 12;

 

   (b)   a dump consisting of material accumulated or deposited wholly or mainly in solution or suspension where-

 

      (i)   the dump is at any point of a greater height than 4 m above the level of any part of the neighbouring land within 50 m of the perimeter of the dump; or

 

      (ii)   the volume of the dump (including any liquid in it) exceeds 10 000 m3:

 

            Provided that for the purposes of determining whether material has been accumulated or deposited wholly or mainly in a solid state or wholly or mainly in solution or suspension any wall or other structure retaining or confining the dump shall be excluded, but for all other purposes the term "dump" shall include the wall or any other retaining structure;

   "closed dump" means any dump on which dumping operations have ceased and, in the case of a classified dump, has been recorded by the Engineer as a closed classified dump;

   "colliery" means a fiery or non-fiery coal mine;

   "competent person" means a person who is at least 18 years old and who, in relation to any duty or function holds a certificate of competence issued in accordance with the Act, or other competency certificate that the Minister may require;

   "conductor" means an electrical conductor arranged to be electrically connected to a system;

   "conveyance", when used in connection with winding plant, means a cage, skip, bucket, bale, kibble, material trailer, counter-weight or any other receptacle or structure attached to or suspended from a winding rope and intended to serve as a means of transport or counter balance;

   "covered with insulating material" means adequately covered with insulating material of such quality and thickness that there is no danger of an electrical short circuit or leakage;

   "danger" means danger to health or danger to life or limb from shock, burn or other injury to persons, or from fire attendant upon the generation, transformation, distribution or use of electrical energy;

   "dangerous occurrence", in relation to a dump, means any occurrence in which any movement of material, fire or any other event indicates that a dump is, or is likely to become, insecure;

   "dead" means zero electrical potential and disconnected from any live electrical system;

   "diesel engine" means an internal combustion engine powered by fuel oil;

   "diesel unit" means any machine, static or mobile, powered by a diesel engine;

   "earthed" means connected to the general mass of earth in such manner as will ensure at all times an immediate discharge of electrical energy without danger;

   "electrical apparatus" includes electrical cables and conductors and any part of any machinery, apparatus or appliance in which conductors are used, but excludes blasting and signalling apparatus or a telephone;

   "electrical power" does not include electricity used in a portable safety lamp, shot-firing apparatus, signalling apparatus or a telephone;

   "Engineer" means the Chief Government Mining Engineer;

   "excavation work" includes loosening, taking out and removing stone, soil and other material in connection with the making, repairing, re-opening or closing of any trench or similar excavation which is not a working within the meaning of the Act;

   "fiery mine" means a mine in which inflammable gas of dangerous limits has been found, or any mine which an inspector has, by notice in writing addressed to the owner of such mine, declared to be subject to the regulations applicable to fiery mines:

Provided that, at any mine in which inflammable gas is only occasionally found, the inspector may in his discretion exempt any ventilating district from all or any of the regulations for fiery mines;

   "flexible cable" means any cable or cord which is designed to be movable while in use;

   "height", in relation to a dump, means the vertical distance between the horizontal planes passing through the lowest and highest points of the dump;

   "holder" means the holder of a prospecting licence or a mining lease;

   "inspecting authority" means such insurance company, society, body or individual which specializes in the examination, inspection, testing or surveying of machinery;

   "isolator" means a device suitable for disconnecting a circuit, only where there is no load current;

   "ladder scaffold" means a scaffold with a working platform which is supported directly or by means of a crutch or bracket on a rung or rungs of a ladder;

   "ladderway" means any shaft, raise or winze in which permanent ladders are installed for the use of any person ascending and descending thereon;

   "lifting appliance" means a crab, winch, pulley block or gin wheel used for raising or lowering, and a hoist, crane, sheet legs, excavator, drag line, pile driver, aerial cableway or overhead runway;

   "lifting gear" means a chain sling, rope sling, pulley block or similar gear and a ring, link, hook, plate clamp, swivel or eye-bolt;

   "live" means electrically charged;

   "locked-bell" means a system of bells used for signalling to a winding engine driver, and which cannot be operated unless a special key, to be known as the "key to the locked-bell", remains inserted in the system switch in use at the time;

   "main substation" means a substation in which any system voltage exceeds medium voltage;

   "man winding" means the conveyance of persons for any purpose by means of a winding plant;

   "manager" means the person appointed by the holder to be responsible for the control, management and direction of a mine, quarry or works, in accordance with regulation 6;

   "material" means whatever may be conveyed by means of a winding plant, except persons and minerals;

   "metallic covering", in relation to any electric cable or conductor, means any metallic covering, armouring, sheath or pipe through which any conductor passes;

   "mobile apparatus" means any electrical apparatus which is designed to be moved whilst working, and includes locomotives, cranes, bucket shovels, welding machines and similar apparatus;

   "mobile container" means any container mounted on wheels, tracks or skids, whether self-propelled or otherwise, used for the conveyance of fuel oil;

   "mobile diesel unit" means any diesel unit mounted on wheels, tracks or skids, whether self-propelled or otherwise;

   "onsetter" means a person authorized by the manager to be in charge of and supervise the loading and unloading of persons or material at any station below the bank where for the time being he is on duty and to give the necessary signals;

   "open cast working" means any workings below the original surface of the ground, excluding underground and not including any trench, pit or any other such working;

   "person in charge" means the person appointed in accordance with regulation 18;

   "portable apparatus" means any electrical apparatus which is designed to be hand-held whilst working, and includes power drills, inspection lamps, testing equipment, welding electrode holders and similar apparatus;

   "portable container" means any container which when filled with fuel oil can be easily carried;

   "portable fire extinguisher" means an efficient and suitable fire extinguisher of such size and weight that can be readily handled by an individual;

   "pressure vessel" means any vessel in the interior or jacket of which a pressure of more than 35 kPa may obtain, but shall not include-

 

   (a)   a boiler;

 

   (b)   a vessel in which the pressure is exerted by a liquid harmless to the vessel, the temperature of which does not exceed the boiling point of the liquid at atmospheric pressure and provided that a cushion of gas or vapour cannot form above the liquid;

 

   (c)   the working cylinder or chamber of a steam, heat or air engine, nor any transmitting column or pipe line;

 

   (d)   a portable gas container;

 

   (e)   a vessel in which the maximum working gauge pressure exceeds 35 kPa but in which the product of the working gauge pressure in kilopascals and the capacity in cubic metres does not exceed 10;

   "raise" means every tunnel at any mine at an inclination of more than 10° above the horizontal which is not included under the definition of "ramp" or "shaft";

   "ramp" means every excavation at any mine at an inclination of more than 5° above the horizontal in which self-propelled trackless vehicles move;

   "re-entry period" means the period of time caused to be fixed by the manager during which no person may enter any place after any primary or secondary blast has occurred;

   "scaffold" means any temporary structure on or from which persons perform work in connection with any construction work, and any temporary structure which enables persons to obtain access to or which enables materials to be taken to any place at which such work is performed;

   "shaft" means an excavation of limited area compared with its depth, made for finding or mining ore or coal, raising water, ore, rock, or coal, hoisting and lowering men and material, or ventilating underground workings;

   "signalling apparatus" means any apparatus or equipment installed to ensure compliance with regulation 400;

   "steam container" means any vessel other than a steam pipe or coil constructed with a permanent outlet into the atmosphere or into a space where the pressure is not greater than that of the atmosphere and through which steam is passed at or approximately at or below atmospheric pressure for the purposes of heating, boiling, drying, evaporating or other similar purpose;

   "steam receiver" means any vessel or apparatus other than a steam boiler, steam container, steam pipe or coil, or any part of a prime mover used for containing steam under pressure greater than that of the atmosphere;

   "steeply inclined", in connection with shafts, raises, winzes or other ground excavation, means an inclination to the horizontal of more than 35°;

   "subordinate" means a person under the direction, supervision or control of another person;

   "substation" means an assemblage of electrical switchgear including any necessary housing, for the control of electrical power, in which any system voltage does not exceed medium voltage;

   "suspended scaffold" means a scaffold suspended by means of ropes or chains which is capable of being lowered or raised by such ropes or chains, but does not include a boatswain's chair or such similar appliance;

   "system" means an electrical system in which all the conductors and apparatus are electrically connected to a common course of electromotive force;

   "toxic" means any substance in such concentration as is capable of causing injury to or harmful pathological change in any part of a person by absorption or inhalation;

   "trackless vehicle" means any vehicle having wheels, tracks or skids, self-propelled or otherwise, which does not run on a track of rails, excluding winding plant;

   "trestle scaffold" means a scaffold in which the supports for the platform are stepladders, tripods or similar movable contrivances;

   "underground" means all workings beneath the surface of the ground by which access thereto is by means of an adit, raise, shaft or winze, but does not include open cast workings;

   "voltage" means a difference of electrical potential between any two conductors, or between a conductor and earth, and is classified as follows-

 

   (a)   "extra high voltage" means a voltage normally exceeding 6600 volts;

 

   (b)   "high voltage" means a voltage normally exceeding 650 volts but not exceeding 6600 volts;

 

   (c)   "medium voltage" means a voltage normally exceeding 250 volts but not exceeding 650 volts;

 

   (d)   "low voltage" means a voltage normally not exceeding 250 volts;

   "winze" means every inclined tunnel at any mine at an inclination of more than 5° below the horizontal which is not included under the definition of "ramp" or "shaft";

   "working platform" means that part of a scaffold or cradle upon which persons stand or sit for the purpose of work.

PART II
Management and Control
(regs 3-11)

 

3.   Duty of holder, owner or agent

   It shall be the duty of every holder, owner or agent to make such financial and other provisions, and take such other steps as may be necessary, to ensure-

 

   (a)   that every operating mine, quarry or works is managed and worked in accordance with the provisions of the Act or any other written law;

 

   (b)   that all other provisions of these Regulations and all requirements imposed thereunder are, so far as applicable to the mine, quarry or works, duly complied with.

 

4.   Notice required by holder, owner or agent

   The holder, owner or agent when commencing, recommencing or abandoning work shall give written notice thereof to the Engineer within seven days of such commencing, recommencing or abandoning and at the same time give his address.

 

5.   Approval of manager

   (1) The holder, owner or agent shall not appoint any person to be manager of any mine, quarry or works unless such person holds suitable qualifications or has had adequate experience, or both.

   (2) Details of such qualifications or experience shall be submitted to the Engineer for written approval prior to appointment.

 

6.   Appointment of manager and additional managers for every operating mine, quarry or works

   (1) The holder, owner or agent shall, for each and every operating mine, quarry or works, appoint in writing a manager, who shall at all times be responsible for the control, management and direction of such mine, quarry or works:

   Provided that, where the scale of operations is of such magnitude and complexity that in order to effect proper control of operations it is desirable to appoint one or more additional managers, the holder, owner or agent shall apply in writing to the Engineer, who may at his discretion grant permission and then only if he is satisfied that the responsibilities of each such manager is clearly defined in his respective letter of appointment.

   (2) No holder, owner or agent working a mine, quarry or works, on his own account or in partnership with any other person, shall manage such mine, quarry or works except with the prior permission in writing of the Engineer.

   (3) No person may be appointed manager of more than one mine except with the prior permission in writing of the Engineer.

 

7.   Working more than seven days without a manager

   When any mine, quarry or works or part of a mine, quarry or works is worked for more than seven days except under the control and supervision of a manager, the holder, owner or agent shall be liable to a penalty not exceeding P100 and to a further penalty not exceeding P50 for each day that such mine, quarry or works is so worked.

 

8.   General duties of managers

   (1) The occurrence of any breach of these Regulations which comes to the knowledge of the manager shall be reported by him in writing to an inspector, whether that breach has been committed by a person employed in or about the mine, quarry or works or by a contractor working therein or any employee of such a contractor or by any other person.

   (2) For so long as a mine, quarry or works is worked without a manager, or in the absence of the manager, the duties, obligations and responsibilities of the manager shall devolve on-

 

   (a)   any person appointed in writing to assist the manager in the daily supervision of the mine, quarry or works; or

 

   (b)   if there is no such person, the holder, owner or agent of the mine, quarry or works,

and each person on whom those duties, obligations and responsibilities devolve under this regulation is accountable for all matters arising in connection with the mine, quarry or works as if he were the manager thereof.

   (3) A person having authority or control over the manager or over a person for the time being having the duties of a manager shall not exercise that authority or control in any way to obstruct the manager or that other person in the exercise of his functions under these Regulations.

   (4) It shall be deemed to be a term of any agreement pursuant to which a contractor is working that the manager thereof shall have supervision and control of all the work carried out therein by the contractor.

 

9.   Appointment of persons to assist manager

   (1) A manager may appoint in writing one competent person to assist him in the control, management and direction of the mine, quarry or works and such person shall have the same responsibilities as the manager, but such appointment shall not be taken to relieve the manager of his personal responsibility under these Regulations.

   (2) When a manager temporarily relinquishes his responsibilities the person appointed under subregulation (1) shall immediately assume all the responsibilities of the manager, who shall then be relieved of his personal responsibility under these Regulations:

   Provided that when the manager is absent such person shall not carry out the duties of manager for more than three consecutive months.

   (3) Where no person is appointed under subregulation (1) and the manager temporarily relinquishes his responsibilities such manager shall appoint a competent person to act as manager during his absence and thereupon all responsibilities of the manager shall devolve upon such temporary manager.

   (4) A manager may appoint in writing, in addition to any person appointed by him under subregulation (1), such other competent persons as may be necessary to assist him in the control, management and direction of portions of the mine, quarry or works.

   (5) Each such person shall, to an extent to be clearly defined in his letter of appointment, have the same responsibilities under these Regulations for his portion of the mine, quarry or works as the manager, but any such appointment shall not be taken to relieve the manager of his personal responsibility under these Regulations.

   (6) The Engineer may require the appointment of one or more such competent persons when, in his opinion, this is necessary.

 

10.   Notice of appointment and termination

   (1) A holder, owner, agent or manager shall notify the Engineer in writing without delay of the appointment or termination of appointment of a manager and enclose a copy of the letter of appointment or termination of appointment.

   (2) A copy of every appointment or termination of appointment made in accordance with these Regulations shall be kept at the office of the manager.

   (3) Every letter of appointment issued in accordance with these Regulations shall be countersigned by the person so appointed.

   (4) The Engineer shall maintain a record of the names and addresses of all managers whose appointments and terminations as such are notified to him under this regulation.

 

11.   Manager to enforce Regulations

   (1) A manager shall take all reasonable means to ensure that the provisions of these Regulations are observed and enforced on the mine, quarry or works or such part thereof which comes under his control and any manager who fails to do so shall be guilty of an offence.

   (2) Every holder shall provide the necessary means for enforcing these Regulations, and any holder who refuses or fails to provide such means at his manager's request shall be guilty of an offence.

PART III
Responsibilities and Duties of Officials and Competent Persons
(regs 12-20)

 

12.   Inspection by officials and competent persons

   (1) Each part of a mine, quarry or works and all the machinery used in or about a mine, quarry or works shall be inspected by the manager or by some person appointed under these Regulations to assist the manager in the supervision thereof.

   (2) A person making an inspection for the purposes of subregulation (1) shall certify in a log book kept for the purpose that the inspection has been made, and in such entry shall specify his findings, including the precautions, repairs or alterations which, in his opinion, are required to ensure greater safety in the working of the mine, quarry or works.

   (3) Where such an entry as is referred to in subregulation (2) is made by a person other than the manager of a mine, quarry or works, the manager or any person appointed under regulation 9 shall within seven days of the making of the entry peruse and countersign it.

 

13.   Appointment of electricial engineer and electricians

   (1) At every mine, quarry or works at which electricity is used and at which the total rating of all the electrical apparatus installed thereat exceeds 750 kW there shall be appointed by the manager in writing a competent person to be the electrical engineer.

   (2) Such electrical engineer may appoint as many competent persons to be subordinate engineers, electricians in charge or electricians as may be required to supervise or effect the proper installation, examination, testing and maintenance of all electrical apparatus in accordance with the following provisions-

 

   (a)   all electrical apparatus shall be under the general charge of the electrical engineer;

 

   (b)   each subordinate engineer shall, to the extent which shall be clearly defined in his letter of appointment, have the same responsibility under these Regulations as the electrical engineer in general charge:

 

         Provided that the appointment of such persons shall not be taken to relieve the electrical engineer appointed in accordance with subregulation (1) of any personal responsibility under these Regulations;

 

   (c)   the manager shall not appoint himself as a competent person under the terms of subregulation (1) except with the written permission of the Engineer.

   (3) For every mine, quarry or works at which electricity is used and at which the total rating of all the electrical apparatus installed thereat does not exceed 750 kW there shall be appointed by the manager in writing a competent person to be in general charge of all such electrical apparatus, except that the manager shall not appoint himself as such competent person except with the written permission of the Engineer.

   (4) The engineer and any subordinate engineer appointed to assist him shall be technically qualified and suitably experienced.

   (5) An electrician in charge, an electrician or a mechanic electrician shall be a competent person.

 

14.   Appointment of mechanical engineer and subordinate engineers

   (1) At every mine, quarry or works at which mechanical apparatus is used and at which the total rating of all the mechanical apparatus installed thereat exceeds 750 kW there shall be appointed by the manager in writing a competent person to be the mechanical engineer.

   (2) Such mechanical engineer may appoint as many competent persons to be subordinate engineers, mechanics in charge or mechanics as may be required to supervise or effect the proper installation, examination, testing and maintenance of all mechanical apparatus in accordance with the following provisions-

 

   (a)   all mechanical apparatus shall be under the general charge of the mechanical engineer;

 

   (b)   each subordinate engineer shall, to the extent which shall be clearly defined in his letter of appointment, have the same responsibility under these Regulations as the mechanical engineer in general charge:

 

         Provided that the appointment of such persons shall not be taken to relieve the mechanical engineer appointed in accordance with subregulation (1) of any personal responsibility under these Regulations;

 

   (c)   the manager shall not appoint himself as a competent person under the terms of subregulation (1) except with the written permission of the Engineer.

   (3) For every mine, quarry or works at which mechanical apparatus is used and at which the total rating of all the mechanical apparatus installed thereat does not exceed 750 kW there shall be appointed by the manager in writing a competent person to be in general charge of all such mechanical apparatus, except that the manager shall not appoint himself as such competent person except with the written permission of the Engineer.

   (4) A mechanical engineer and any subordinate engineer appointed to assist him shall be technically qualified and suitably experienced.

   (5) A mechanic in charge or mechanic shall be a competent person.

 

15.   Appointment of surveyor, ventilation officer and process engineer

   (1) Every manager shall appoint a surveyor, a ventilation officer and a process engineer to carry out the provisions of Parts XXXI, XII and XXVII respectively.

   (2) Where less than 100 persons are employed, the duties of a surveyor, a ventilation officer and a process engineer may be assumed by the manager.

 

16.   Appointment and responsibility of mine captain or overman

   (1) Where the duties of the competent person appointed in accordance with regulation 9(4) are primarily concerned with rock drilling and blasting operations such competent person shall be termed a mine captain or overman.

   (2) Every mine captain or overman appointed by the manager shall take charge of a section of the mine during a shift or shall be on call for such section of the mine.

   (3) Such section shall be clearly defined in writing to the mine captain or overman by the manager, and, where a mine captain or overman is absent from such section and no other mine captain or overman is appointed to replace him, his responsibilities shall be assumed by his immediate more senior official.

   (4) The section allocated to any mine captain or overman shall be such that he can carry out an inspection at intervals not exceeding six days of every place in which men work in such section.

 

17.   Appointment and responsibility of shift boss or deputy

   (1) Where more than 50 persons are employed at any one time there shall be employed a sufficient number of competent shift bosses or deputies to enable the provisions of these Regulations to be carried out.

   (2) Every section shall be under the charge of a shift boss or deputy and such section shall be clearly defined in writing to the shift boss or deputy by the manager or person appointed under regulation 9 in the book provided in accordance with subregulation (8).

   (3) Every shift boss or deputy shall, except in an emergency relating to safety and health which prevents him from so doing, at least once during his shift examine every place in the section of the mine assigned to him in which any person is working, and at intervals not exceeding six days shall examine every place in such section through which any person may have occasion to pass.

   (4) The section allocated to any shift boss or deputy shall be such that he can without undue exertion examine every working place in it within a period of five hours.

   (5) Every shift boss or deputy shall be responsible for ensuring the proper observance of the requirements of these Regulations by any person working in his section whether such person is under his direct supervision or not.

   (6) Every shift boss or deputy shall enter in a book to be provided for the purpose details of any breach of these Regulations which he has had occasion to observe in respect of which he has taken action or in respect of which he considers action should be taken.

   (7) Every shift boss or deputy shall ensure that at any time in any working place where drilling and blasting operations or lashing operations are being carried out there is only one person in charge at such working place.

   (8) The manager shall ensure that a book is provided and kept at places specified by him in which every shift boss or deputy shall, at the completion of his shift, record in ink the particulars of-

 

   (a)   such instructions for the purpose of securing the safety and health of persons which he may have given during the shift;

 

   (b)   such matter requiring the attention of the relieving shift boss or deputy with regard to the safety and health of any person;

 

   (c)   any place in which any person is at work in the section under his charge which has not been visited and the reasons therefor:

 

         Provided that in the case of any shift boss or deputy concerned with surface work the requirements of this subregulation may be modified in a form determined by the manager.

   (9) Records made under subregulation (8) shall be examined and countersigned by the relieving shift boss or deputy and by the mine captain or overman in charge of the section for which the shift boss or deputy is responsible or other immediate superior, and in the case of surface workings an immediate superior.

   (10) Such records shall be open to inspection at all times by an inspector.

   (11) No person appointed to act as a shift boss or deputy shall take immediate charge of any workman in addition to his normal duties except in an emergency.

 

18.   Appointment of person in charge

   (1) In every mine, quarry or works the following provisions shall apply-

 

   (a)   every workman whilst at work shall be under the personal supervision of a competent person who for the purposes of these Regulations shall be referred to as the "person in charge";

 

   (b)   persons employed underground or on the surface where rock drilling and blasting operations are being carried out or are employed in any other operation where danger may arise from the presence of any explosive shall be under the personal supervision of a competent person who for the purposes of these Regulations shall be referred to as the "person in charge";

 

   (c)   the person in charge shall be the holder of a Botswana blasting licence valid for the operation for which he is responsible.

   (2) Subject to subregulation (3), the person in charge shall enter any working place assigned to him and the immediate approaches thereto before any other person and he shall examine and make safe or cause to be made safe each such working place and the immediate approaches thereto before permitting any work to take place, and shall ensure that the provisions of these Regulations are observed by any person in such working place and the immediate approaches thereto whether such person is under his personal supervision or not.

   (3) A shift boss or deputy or more senior official being the holder of a valid Botswana blasting licence may, in the execution of his duty, enter any working place before the person in charge:

   Provided that where he observes anything which is unsafe he shall immediately take such precautions as may be necessary to prevent any person entering until such time as he has either made safe or he has informed the person in charge of the unsafe condition.

   (4) Whilst making safe the working places and the approaches thereto the person in charge shall be responsible for the safe disposition of his subordinates in suitable and safe places until he has made such working places and approaches thereto safe.

   (5) Notwithstanding the provisions of subregulation (4) the person in charge may be accompanied by one or more persons to assist him in making such places safe.

   (6) The examination for making any place safe in accordance with subregulation (2) by the person in charge shall be such that-

 

   (a)   he shall satisfy himself that there is adequate ventilation;

 

   (b)   he shall ensure by physical examination that any hanging wall, foot wall, sides and faces to the working place and approaches thereto are free from any loose rock which may cause danger;

 

   (c)   he shall ensure the adequacy of any supports, barricades and platforms within the working place and approaches thereto; and

 

   (d)   he shall take such other measures as may be necessary to ensure the safety and health of any person who may work therein or pass there through.

   (7) The person in charge having made any place referred to in the preceding provisions of this regulation safe in accordance with subregulation (6) shall, during the time that persons are working in any working place under his charge, take all reasonable precautions for the safety of any person present in such working places, and such precautions as he may take shall continue for as long as he allows any person to remain in the working place or until he is relieved of responsibility by another person in charge.

   (8) A person in charge shall, on taking over responsibility for any working place, re-examine and take any necessary action in accordance with subregulation (6).

   (9) No person except the person in charge, shift boss or deputy or more senior official shall enter a working place until such person has received definite instructions or permission to do so from the person in charge or more senior official for the time being responsible for the safety of such working place.

   (10) No person shall be in charge of more working places or persons than he can supervise efficiently or be in charge of working places so scattered that he cannot examine them all within a period of one hour without undue exertion.

 

19.   Determination of number of persons underground

   (1) A manager shall ensure that there is in force a system to enable a determination to be made of the number of persons underground.

   (2) Any person who knowingly fails to conform to any system in force in accordance with subregulation (1) shall be guilty of an offence.

 

20.   Deputing of work

   Except with the express sanction of his lawful superior no person shall depute another person to do his duties, or voluntarily cease to supervise persons under his charge.

PART IV
Duties and Conduct of Persons
(regs 21-34)

 

21.   Copies of Regulations and rules to be supplied where applicable

   A copy of these Regulations and any special rules made under section 12 of the Act shall be issued free of charge to each employee who, in the opinion of the manager, is required by virtue of his employment to have specific knowledge of these Regulations and such special rules, and the employee shall sign a receipt for such issue and such receipt shall be retained by the mine, quarry or works.

 

22.   Persons observing, knowing or hearing of danger

   Any person who observes, knows or hears of any danger or any thing which is dangerous or likely to be or become dangerous or cause danger of any kind to any person or thing shall remove, remedy or repair such danger or thing immediately if he has the knowledge and the means to do so, or, if he is unable to do so because he lacks either such knowledge or such means, he shall forthwith report the matter to a person in authority who shall take immediate steps to rectify the matter.

 

23.   Illegal acts

   No person shall-

 

   (a)   omit to do any act which it is his duty to do in accordance with these Regulations;

 

   (b)   omit to do any act the omission of which endangers or is likely to endanger the safety or health of any person or which results in bodily injury to himself or to any other person;

 

   (c)   negligently commit any act which endangers or is likely to endanger the safety of any person or which results in bodily injury to himself or to any other person;

 

   (d)   fail to observe any lawful order given to him personally in accordance with or for the proper observance of these Regulations or any order whatsoever given in the interest of safety or health; or

 

   (e)   ignore, damage, deface or remove any sign, notice, barricade or other measure provided for the safety of any person, unless they are legally removed for the purpose of maintenance or repair and then only after suitable precautions have been taken.

 

24.   Wilful damage prohibited

   No person shall wilfully or through negligence damage, or, without proper authority, use, remove, or render useless, any timber, fencing, casing, guide, lining, means of signalling, signal cover, chain, rope, flange, horn, brake, indicator, ladder, platform, pressure gauge, safety valve, ventilating apparatus, or other appliance or thing provided or furnished in a mine, quarry or works.

 

25.   Complaints of danger

   If any person complains to his person in charge or any other official that his working place is dangerous such person in charge or other such official shall take immediate steps consistent with safety to confirm such danger and then, if it is so confirmed, he shall take immediate steps to rectify such danger or prevent access to such place.

 

26.   Duty of persons in charge of things

   It shall be the duty of every person who has in his charge or under his control any thing, whether moving or stationary, of such a nature that, in the absence of care or precaution in its use or management, the life, safety or health of any person may be endangered, to use reasonable care and take reasonable precautions to avoid such danger; and he shall be deemed to have caused any consequences which adversely affect the safety or health of any person by reason of any omission to perform that duty.

 

27.   Reckless and negligent acts

   Any person who in a manner so rash or through neglect so as to endanger human life or to be likely to cause harm to any other person-

 

   (a)   does any act with fire or any combustible matter, or omits to take precautions against any probable danger from any fire or any combustible matter in his possession;

 

   (b)   dispenses, supplies, sells, administers or gives away any medicine or dangerous substance; or

 

   (c)   does any act with respect to, or omits to take proper precautions against any probable danger from, the machinery of which he is solely or partly in charge,

shall be guilty of an offence.

 

28.   Responsibility of contractors

   (1) A contractor shall report to the manager as soon as possible every accident or occurrence arising in the course of the work for which he is contracting to which regulation 35 applies in such manner as the manager shall specify.

   (2) Every contractor shall submit to the manager, on or before the third day of every month, a return providing the information required under regulation 596.

 

29.   Responsibility of supervisors

   The supervisor at a mine, quarry or works shall-

 

   (a)   have a thorough knowledge and understanding of these Regulations as they apply to the mine, quarry or works or part thereof wherein he has authority;

 

   (b)   enforce these Regulations, and ensure the safety and health of employees during the course of their employment;

 

   (c)   ensure that, with respect to the work in which every workman under his authority is engaged, the workman-

 

      (i)   is acquainted with the regulations which apply;

 

      (ii)   is instructed of hazards which may be involved; and

 

      (iii)   uses the safety devices and equipment required for the protection of persons performing such work.

 

30.   Responsibility of employees

   Every person at or in a mine, quarry or works shall-

 

   (a)   be familiar with the regulations which apply to the work in which he is engaged;

 

   (b)   examine his working place and equipment to ensure that they are safe for any work required to be done and are in compliance with these Regulations;

 

   (c)   take precautions to ensure his own safety and the safety of his fellow workmen, during the course of his employment; and

 

   (d)   at all times when the nature of his work requires use all devices and wear all articles of clothing designated for his protection or required to be used and worn by him under these Regulations.

 

31.   No unauthorized person to enter mine, quarry or works

   No unauthorized person shall enter any part of a mining or quarrying area in the immediate vicinity of, or within a fence enclosing, any shaft or other mine or quarry working or any plant or machinery.

 

32.   Intoxicating liquor or drugs

   No person shall take, consume or have in his possession any intoxicating liquor or narcotic drug while he is in or on any part of any mine, quarry or works.

 

33.   Orderly behaviour

   Every person, whether on surface, in open cast workings or underground, shall behave in an orderly manner.

 

34.   Offences

   Any person who-

 

   (a)   forges or counterfeits any certificate required by, under or for the purposes of these Regulations;

 

   (b)   gives or signs any such certificate knowing it to be false;

 

   (c)   knowingly utters or makes use of any such certificate so forged, counterfeited or falsified;

 

   (d)   knowingly utters or makes use of, as applying to any person, any such certificate which does not so apply;

 

   (e)   personates any person named in any certificate;

 

   (f)   falsely pretends to be an inspector;

 

   (g)   wilfully connives at any such forging, counterfeiting, giving, signing, uttering, making use of, personating or pretending as aforesaid;

 

   (h)   wilfully makes a false entry in any register, book, notice, certificate or document required by, under or for the purposes of these Regulations, to be kept, served or sent;

 

   (i)   wilfully makes or signs a false declaration required by, under or for the purposes of these Regulations; or

 

   (j)   knowingly makes use of any false entry or declaration as aforesaid,

shall be guilty of an offence.

PART V
Accidents
(regs 35-38)

 

35.   Notification of accidents

   (1) A manager shall ensure that the Chief Government Mining Engineer and the district inspector are notified immediately and in writing of any accident specified in subregulation (2).

   (2) The accidents which are to be notified pursuant to subregulation (1) are those-

 

   (a)   involving the death of a person;

 

   (b)   in which a person becomes unconscious or is incapacitated for 48 hours from heatstroke, heat exhaustion, electric shock or burns, the inhalation of blasting fumes or the inhalation of any poisonous gas or fumes; or

 

   (c)   in which the injuries sustained by a person are so serious that it is possible they may prove fatal:

         Provided that, in addition to the foregoing, the manager shall ensure that, in the case of death, the police are notified immediately and the District Commissioner informed forthwith in writing of such death.

   (3) A manger shall ensure that notice is given of any accident in which any person sustains serious bodily injury or is incapacitated for more than three days, excluding the day of the accident but including weekends or official holidays.

   (4) The notice required to be given under subregulations (1) and (3) shall be in the form approved by the Engineer.

   (5) Such completed form shall be despatched so as to arrive at the offices of the Department of Mines within 10 days of the accident.

 

36.   Injury resulting in death

   (1) When any injury results in the death of any injured person after notice has been given in accordance with regulation 35, or when any slight injury of which no notice was given results in the death of the injured person, the manager shall immediately notify the Chief Government Mining Engineer, the district inspector and the police of such death and shall notify the District Commissioner in writting of such death.

   (2) When any injury immediately results in the death of any person injured, the place where the accident occurred shall not be disturbed or altered before the arrival of, or without the consent of, an inspector, unless such interference in unavoidable to prevent further accidents, to remove dead bodies or to rescue persons from danger:

   Provided that such regulation shall not apply to any place where any delay would seriously affect safe working or if the inspector fails to visit the place within three days after the notice of the accident has been despatched.

 

37.   Dangerous occurrences which are to be reported

   (1) Whether or not personal injury is caused by any occurrence specified in subregulation (2), the manager shall ensure that any such occurrence is reported to the Engineer and the district inspector within 24 hours and forthwith confirmed in writting.

   (2) The occurrences which are required to be reported are-

 

   (a)   the fracture or failure of any part of any machinery, other than machinery referred to in paragraph (b), whereby the safety of any person has been or may be endangered;

 

   (b)   any occurrence in connection with winding plant and lift installations involving-

 

      (i)   the fracture or failure to work efficiently of any essential part, including a winding rope and all its attachments to the conveyance or drum, sheaves, shafts, axles or bearings, brakes, gearing, depth indicators or drums;

 

      (ii)   the jamming or overloading of any part of the winding plant or the derailment of any conveyance which results in the possible overstrain of the rope;

 

      (iii)   the failure of any overwind prevention device or safety catch to act when required, or the action of such device or catch when not required;

 

      (iv)   any conveyance accidentally leaving its guides in a vertical shaft; or

 

      (V)   any accidental overwind on a certificate winding engine;

 

   (c)   the accidents ignition or detonation of explosives and any accident due to explosives;

 

   (d)   the flooding of any considerable portion of the working or the failure of any dam or reservoir used for conserving water or slimes;

 

   (e)   the collapse, mechanical failure of overturning of any vehicle, crane, derrick, winch, hoist or similar lifting appliance;

 

   (f)   any accidental explosion or fire due to the ignition of dust, gas, oil or vapour;

 

   (g)   any accidental fire underground or any accidental large fire on the surface;

 

   (h)   the explosion or bursting of any receiver or container used for the storage at a pressure greater than atmospheric pressure of any gas or mixture of gases, or of any liquid or solid resulting from the compression of gas;

 

   (i)   the explosion or bursting of any steam boiler or steam receiver;

 

   (j)   any electrical short circuit or failure of electrical machinery resulting from the malfunction of any protective device and attended by explosion or fire;

 

   (k)   the caving of any underground working or any subsidence of the ground which is not normal for the method of mining in practice;

 

   (l)   any failure of the main ventilation system; and

 

   (m)   the bursting of any revolving vessel, wheel or grinding wheel moved by mechanical power, but excluding rubber tyres.

 

   (n)   the release or discharge of harmful hazardous substances or effluents.

   (3) No material or apparatus shall be disturbed or destroyed or the scene of any of the accidents specified in subregulation (2) otherwise altered without the consent of the district inspector unless such interference is unavoidable to prevent further accidents or to rescue persons.

 

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