MINES, QUARRIES, WORKS AND MACHINERY: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
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 unauthorised 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 unauthorised 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 authorised 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 authorised 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 authorised 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 authorised 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 - Permissible Noise Exposures
S.I. 127, 1978,
S.I. 33, 2005.
PART I
Citation and Interpretation (regs 1-2)
These Regulations may be cited as the Mines, Quarries, Works and Machinery Regulations.
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;
"authorised 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 authorised 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 authorised 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 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 m
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 specialises 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 authorised 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.
(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.
(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 electrical 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.
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.
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.
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.
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 unauthorised person to enter mine, quarry or works
No unauthorised 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.
Every person, whether on surface, in open cast workings or underground, shall behave in an orderly manner.
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)
(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.
(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 writing 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 writing.
(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;
(m) the bursting of any revolving vessel, wheel or grinding wheel moved by mechanical power, but excluding rubber tyres; and
(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.
(1) A person who is injured in an accident shall report as soon as possible, if he is able to do so, such accident to his immediate superior who shall ensure that the relevant procedure for any accident, as laid down by the manager, is complied with.
PART VI
First-Aid (regs 39-50)
39. Provision of first-aid stations and equipment where more than 150 persons are at work on surface
Where at any one time there are more than 150 persons at work on the surface the manager shall ensure that there is provided on the surface—
(a) an adequate number of accessible first-aid stations suitably situated to the satisfaction of the Engineer after consultation with the Director of Medical Services;
(b) first-aid stations which shall be—
(i) used only for work connected with first-aid and have a red cross clearly marked on the door;
(ii) equipped with a self-draining sink, soap, towels, nail-brush, and a constant supply of drinking water and hot and cold running water;
(iii) equipped with an operative communication system and have adequate lighting and ventilation;
(iv) kept clean and properly maintained and all interior surfaces shall be so constructed as to facilitate this requirement;
(v) provided with stretchers, with at least two blankets per stretcher, a suitable table, benches, chairs, and suitable clothes for use by first-aid attendants; and
(vi) provided with a supply of dressings, bandages, splints, tourniquets and other surgical accessories for the first-aid treatment of all accidents, burns and other injuries likely to occur, together with an efficient antidote, with instructions for the use of same, for the treatment of cases of gassing; dressings and other accessories shall be maintained in good condition and kept complete in a container which shall be available at all times for use, and which shall be capable of being transported to the scene of any accident or to any place where any injured person lies;
(c) instructions of action to be taken in the event of a serious accident, including the name and telephone number of the nearest medical practitioner, which shall be predominantly displayed in all first-aid stations; and
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