S.I. No. 331/1975 - Mines (General) Regulations, 1975.

S.I. No. 331 of 1975.

MINES (GENERAL) REGULATIONS, 1975.

ARRANGEMENT OF REGULATIONS.

PART I.

Preliminary and General.

Regulation

1 Short title

2 Commencement

3 Interpretation

4 Application

5 Exemptions

PART II.

Safety (General Provisions).

6 Means of egress

7-12 Provision of ladders, platforms and stairways

13-16 Provision of guides, keps and cages

17 Shaft sinking

18 Shaft-signals

19 Banksman, onsetter etc.

20-21 Hoistman, winding engineman

22 Water and boreholes

23 Support of roof and sides

24-31 Duties of persons employed

32 Measurement of quantity of ventilation

33 Provision of water gauge etc.

34 Measurement of pressure of ventilation

35 Provision of air lock

36 Provision of stoppings

37 Provision of doors, sheets, etc.

38 Provisions relating to underground fans

39 Provisions relating to auxiliary fans

40 Ventilation surveys

41-43 Ventilating sheets

44-45 Clearances in transport roads

46 Refuge holes

47-49 Provisions relating to man-riding

50 Control of vehicles by hand

51 Apparatus to prevent accidents from runaway vehicles

PART III.

Health and Welfare Provisions.

Regulation

52 Prohibition on employment of young persons

53 Hours of employment

54-57 Medical examinations—general

58 Medical examinations—special

59 Health register

60 First-aid

61 Changing, messing and washing facilities (general)

62 Changing, messing and washing facilities (special)

63-66 Sanitary conveniences

67 Noise control

68 Dust control

69 Gas control

70 Eye protection

71 Respiratory protective equipment

72 Protective clothing

PART IV.

Plant, Machinery and Buildings.

73 Machinery

74 Buildings

75 Winding apparatus etc.

76 Winding rope

77 Capping of winding ropes

78 Head sheaves

79 Reports of examination of winding apparatus

80 Utility hoists

81 Operation of lifting appliances

82 Chains, ropes and lifting tackle

83 Steam boilers

84 Air receivers

85 Exceptions as to air receivers and steam boilers

86 Examination of machinery

87 Guarding of machinery

88 Control devices and maintenance of vehicles etc.

89 Training and qualifications of drivers

90 Hydraulic and pneumatic systems

91 Acids and other dangerous substances

PART V.

Regulation

92 Revocations.

FIRST SCHEDULE.

SECOND SCHEDULE.

THIRD SCHEDULE.

FOURTH SCHEDULE.

FIFTH SCHEDULE.

SIXTH SCHEDULE.

S.I. No. 331 of 1975.

MINES (GENERAL) REGULATIONS, 1975.

I, MICHAEL O'LEARY, Minister for Labour, in exercise of the powers conferred on me by sections 18 , 41 , 46 , 70 , 76 , 77 , 79 , 85 , 90 , 112 , 127 and 146 of the Mines and Quarries Act, 1965 (No. 7 of 1965), and the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1966 ( S.I. No. 164 of 1966 ), after consultation with the Minister for Health and after due compliance with the provisions of the Act relating to the procedure for making general regulations, hereby make the following regulations:

PART I.Preliminary and General.

1. These Regulations may be cited as the Mines (General) Regulations, 1975.

2. These Regulations shall come into operation on the 1st day of February, 1976.

3. (1) In these Regulations,

"the Act" means the Mines and Quarries Act, 1965 ;

"the approved code of signals" has the meaning assigned to it by Regulation 18 (2) of these Regulations;

"auxiliary fan" means a fan used or intended to be used below ground in a mine wholly or mainly for ventilating a heading, drift or blind end;

"banksman (deckman)" has the meaning assigned to it in Regulation 18 (5) of these Regulations;

"capping" means the complete attachment fitted at the end of a rope by means of which the rope is attached to a shaft conveyance;

"deputy" means a person appointed as a deputy (shift boss) for the purposes of Regulation 13 of the Mines (managers and Officials) Regulations, 1970 ( S.I. No. 74 of 1970 );

"engineman (hoistman)" means the person operating winding (hoisting) apparatus in a mine;

"inspector" means an inspector appointed under section 130 of the Act;

"lifting appliance" means a crab, winch, pulley block or gin wheel used for raising or lowering, and also a crane, sheer legs, excavator, dragline, piling frame, aerial cableway, aerial ropeway or overhead runway but does not include a winding engine (hoist) or a utility hoist;

"lifting gear" means a chain sling, rope sling or similar gear, and a ring, hook, plate clamp, shackle, swivel, link or eye-bolt, but includes neither a rope used in a shaft, staplepit, winze or unwalkable outlet nor any apparatus used for attaching to a rope a shaft conveyance in a shaft, staplepit, winze or unwalkable outlet;

"main intake airway" means either a length of intake airway which begins at a shaft or at an outlet and ends at a working face or a length of airway in which, at the inner end, the current of air in the airway is split and which as regards two or more working faces is an intake airway;

"main return airway" means either a length of return airway which begins at a working face and ends at a shaft or at an outlet, or a length of airway in which, at the inner end, there is a junction of two or more currents of air and which as regards two or more working faces is a return airway;

"manager" means a person appointed under section 13 of the Act;

"Minister" means the Minister for Labour;

"onsetter (cage tender)" has the meaning assigned to it by Regulation 18 (5) of these Regulations;

"owner" has the meaning assigned to it by section 4 of the Act;

"travelling onsetter (travelling cage tender)" has the meaning assigned to it by Regulation 18 (5) of these Regulations.

(2) Where a shaft or winze in a mine is divided throughout by a substantial partition so as to form compartments having separate winding installations, each compartment shall for the purposes of these Regulations be regarded as being a separate shaft, or a separate winze, as may be appropriate.

(3) In Regulations 58, 62, 71 and 72 of these Regulations, a "designated area" has the meaning assigned to it by Regulation 58 (1).

4. Subject to Regulation 5 hereof, these Regulations shall apply to every mine.

5. Subject to Regulation 85 of these Regulations, the Minister or an inspector may by notice served on the owner, exempt any mine from the application of any provision of these Regulations if he is satisfied that the safety of persons employed at the mine will not be prejudiced in consequence of the granting of the exemption.

PART II.Safety (General Provisions).

6. (1) Where a vertical or inclined shaft has been sunk or an adit has been driven and stoping commenced in a mine other than a mine of coal or other stratified mineral, a second outlet (in this regulation referred to as the escape outlet) to allow free means of egress in case of emergency, shall be provided.

The escape outlet shall not be at any place less than 13.72 metres (45 feet) from the main shaft or main outlet and the escape outlet shall be connected by at least one escape travelway from that place to the lowest level on which the stoping operations are being carried on. An escape travelway provided pursuant to this regulation shall be of sufficient height and width to afford an easy passageway, and where necessary shall be provided with good substantial ladders from the deepest workings to the surface.

(2) In every mine sufficient and suitable signs shall be posted in prominent positions below ground showing the way to the escape outlet and all workmen shall be instructed as to the whereabouts of such escape outlet and of the escape travelway, and in case there is more than one escape travelway, the escape travelway nearest to their workplace.

(3) In case the Minister or an inspector exempts a mine from the provisions of this regulation the following provisions shall apply—

( a ) the notice shall, in lieu of being served on the owner, be served on the manager,

( b ) the exemption shall only apply for such period as is specified in the notice,

( c ) the exemption shall be subject to the following conditions, which shall be specified in the notice, namely—

(i) a ladder ordinarily used by persons in an escape travelway shall not be inclined at more than 80 degrees from the horizontal,

(ii) in case the means of ingress and egress available to the persons employed in the mine consists only of a single shaft, a condition that such shaft shall be divided throughout its length by a substantial partition so as to provide a section separate from that part of the shaft in which persons are ordinarily lowered and raised, and that section shall be provided with ladders or another satisfactory means of egress independent of the main winding apparatus, and

(iii) such other conditions, if any, as the Minister or the inspector in the particular circumstances of the case considers appropriate.

(4) Where, in the opinion of the manager, danger exists in relation to the entrance to any place below ground in a mine which is not in actual use or in the course of being worked or extended, the entrance shall be kept fenced across the whole of its width so as to prevent persons entering the place inadvertently.

(5) Where, in the opinion of the manager, danger exists in relation to a permanent roadway, tramroad or path across or through any open gunniss, bottoms, sinks, or stopes, the top of all adjacent winzes and the edges of all adjacent chambers shall, as far as is reasonably practicable, be kept securely fenced.

(6) No loose stone or other material shall be allowed to remain on any ledge, landing or elsewhere in a mine from whence it might fall into a shaft or other opening and endanger a person.

7. The manager shall take all practicable steps to ensure that—

( a ) in case during sinking operations at a mine the permanent ladder is not maintained to the bottom of the shaft being sunk, an auxiliary ladder which will reach from the permanent ladder or, in the case of sinking scaffold is being used, from that scaffold, to the bottom of the shaft is provided so that it may be promptly lowered to the bottom of the shaft, and

( b ) wherever it is necessary for persons to examine or inspect at a mine appliances installed in or about shafts or winzes or in headframes used in conjunction therewith, suitable ladderways or stairways and platforms are provided and maintained to permit such examination or inspection to be carried out in a safe manner.

8. (1) The manager shall take all practicable steps to ensure that in every ladderway in a shaft or winze inclined at over seventy degrees from the horizontal or in a headframe used in conjunction with such a shaft or winze substantial platforms are built in the ladderway at intervals not exceeding 9.14 metres (30 feet), that the platforms are floored or otherwise suitably sheeted except for an opening large enough only to permit the passage of a man's body while wearing rescue apparatus, and that a ladder in the ladderway is placed so as to cover such opening in the platform.

(2) The manager shall take all practicable steps to ensure that, in every ladderway in a shaft or winze inclined at less than seventy degrees from the horizontal or in a headframe used in conjunction with such a shaft or winze and in which continuous ladders could be used, substantial platforms are built in the ladderway at intervals not exceeding 9.14 metres (30 feet) and that the platforms are entirely floored or otherwise suitably sheeted except for an opening large enough only to permit the passage of a man's body while wearing rescue apparatus.

9. Stairways may be used in a shaft or winze which is inclined at less than fifty degrees from the horizontal and in case a stairway is so used the manager of the mine shall take all practicable steps to ensure that a substantial handrail together with a lower rail or other effective means of protection are provided on each open side of the stairway.

10. Unless ladders are erected at an inclination of less than twenty degrees to the horizontal, the manager shall take all practicable steps to ensure that a platform shall be installed at all points in a mine where ladders are off-set.

11. The manager shall take all practicable steps to ensure that all ladderways in raises, stopes and other manways at a mine shall be installed and maintained in such manner as to reduce to a minimum the risk of any person falling therefrom.

12. The manager shall take all practicable steps to ensure that—

( a ) every ladder in a mine shall project at least 0.91 metres (3 feet) above its platform except where strong hand-rails are provided,

( b ) every ladder used at a mine shall be of strong construction, securely placed and maintained in good repair,

( c ) the distance between centres of rungs of ladders used at a mine shall be 0.30 metres (12 inches) and the spacing of such rungs shall not vary more than 12.7 millimetres (0.5 inch) in any particular ladderway,

( d ) in order to give a proper foothold, such rungs shall in no case be closer than 101.6 millimetres (4 inches) to the wall of a shaft, winze, or raise, or any timber underneath the ladder, and

( e ) no wire rope ladder shall be used in a mine or be allowed to be so used if in its construction there are any broken wires.

13. (1) The manager shall take all practicable steps to ensure that guides are provided at a mine in every working shaft over 45.72 metres (150 feet) in depth and in every shaft in the course of being sunk which is over 91.44 metres (300 feet) in depth.

(2) The manager shall take all practicable steps to ensure that—

( a ) either,

(i) keps for supporting the cage when at rest are provided at the highest landing and that such keps are not provided at any intermediate landing in the shaft, and the keps provided at the highest landing and the keps (if any) provided at the bottom of the shaft are used whenever persons are entering or leaving the cage, or

(ii) chairs are provided for the purpose of landing a cage or other conveyance at any point in the shaft, and the chairs are arranged so that they automatically fall clear and remain clear of the hoisting compartment when the cage or other conveyance is lifted off.

Also the said chairs are not operated by a lever or chains installed inside the cage and are not used when persons are travelling in the cage, and

( b ) keps or chairs provided in pursuance of this paragraph are of a type approved by an inspector.

14. The manager shall take all practicable steps to ensure that no cage or skip in a mine shall be used for the raising or lowering of persons unless it is constructed so as to prevent any portion of the body of a person riding therein accidentally coming into contact with the shaft furnishings or the side of the shaft or winze.

15. The manager shall take all practicable steps to ensure that all cages or skips in a mine for lowering or raising persons are constructed in accordance with the following requirements—

( a ) the hood shall be made of steel plate not less than 4.76 millimetres (0.187 of an inch) in thickness or of a material of equivalent strength,

( b ) the cage or skip shall be provided with sheet-iron or steel side casing not less than 3.18 millimetres (0.125 of an inch) in thickness or of a material of equivalent strength, and such casing shall extend to a height not less than 1.52 metres (5 feet) above the floor of the cage, and

( c ) the cage or skip shall be equipped with doors made of suitable material, which shall extend to a height not less than 1.52 metres (5 feet) above the floor and be arranged so that it will be impossible for the doors to open outward from the cage.

16. (1) Subject to paragraph (2) of this regulation, the manager shall take all practicable steps to ensure that—

( a ) except during sinking operations, whenever a mine shaft or winze used as a means of ingress or egress for persons employed in the mine exceeds 45.72 metres (150 feet) in vertical depth a suitable cage or skip, equipped as required by Regulation 15 of these Regulations, shall be provided for lowering or raising persons in the shaft or winze,

( b ) no person travels or is permitted to travel in a cage in a mine other than during a shaft inspection unless the door or doors of the cage are kept securely closed,

( c ) except during trips of inspection, the door or doors of such a cage are opened only after a full stop has been made at the point or station signalled for, and

( d ) every cage or skip in a mine which is used for lowering or raising tubs, mine cars or other wheeled vehicles, is provided with catches or other suitable contrivances to prevent such tubs, mine cars or other wheeled vehicles being lowered or raised from falling out.

(2) Whenever there is an emergency stop at any point other than a station in a shaft or winze, the door or doors of a cage may be opened and the persons travelling therein may leave the cage when, but only when, instructed to do so by a properly authorised person.

17. (1) Whenever a shaft or winze is being sunk at a mine, the manager shall take all practicable steps to ensure that—

( a ) every bucket or skip therein shall be filled so that no piece of loose rock projects above the level of the brim,

( b ) whilst any person is being raised or lowered in the shaft or winze by means of a bucket or skip such person travels inside the bucket or skip,

( c ) a bucket or skip which is being used for returning men to the working place following any blasting operation shall not be lowered on the initial trip thereafter beyond the point where, because of the blast, it may be unsafe to go without a careful examination, and that in no case shall that point to which the men are lowered on such a trip be less than 15.24 metres (50 feet) above the blasting set or bulkhead,

( d ) the bucket or skip shall be lowered from the point mentioned in subparagraph (c) of this paragraph only on a signal from the men accompanying the bucket or skip and at such speed as to be fully under control by signal from such men, and

( e ) only so many men shall be carried on such an initial trip as are required to properly conduct a careful examination of the shaft or winze.

(2) Paragraph (1) (b) of this regulation shall not apply where persons are employed in shaft or winze examination, maintenance or repair.

(3) A bucket or skip shall not be lowered directly to the bottom of a shaft or winze which is being sunk but shall be held at least 4.75 metres (15 feet) above the bottom and shall remain there until after a separate signal to further lower the bucket or skip has been received from a properly authorised person.

(4) A door or doors covering the sinking compartments shall be maintained at the collar of every shaft or winze while sinking is in progress. Such door or doors shall be kept closed at all times during which tools or materials are being loaded into or unloaded from the bucket or skip at the collar of the shaft, unless the bucket or skip is unloaded by dumping arrangements specified in paragraphs (5) and (6) of this regulation.

(5) In every shaft or winze which is being sunk adequate dumping arrangements shall be provided and maintained, either to ensure the impossibility of the contents or part thereof of a bucket or skip being dumped while the dumping doors are open, or otherwise to prevent spillage falling into the shaft or winze.

(6) The design of any device to be used for the purpose of complying with the requirements of paragraph (5) of this regulation shall be submitted for the approval of an inspector before the device is installed in a shaft or winze.

(7) In every sinking shaft or sinking winze, and in any other shaft or winze where persons may be at a lower level than the bucket or skip, or if it otherwise appears requisite, the bucket or skip shall be kept steady and no stones or loose material shall be allowed to adhere to the bottom of the bucket or skip before it is raised or lowered. Materials, tools or other gear shall be safely slung or be safely loaded into an empty bucket or skip and, if they project above its rim, they shall be securely fastened to the bow or to chains supporting the bucket or skip.

(8) A suitable crosshead (rider) shall be used in any shaft in the course of being sunk and which has reached more than 91.44 metres (300 feet) in depth. The crosshead (rider) shall—

( a ) be of a design approved by an inspector, and

( b ) be fitted with a safety appliance of a design approved by an inspector, for attaching the bucket or skip to the crosshead (rider)

and in addition such safety appliance shall be constructed so that the crosshead (rider) cannot stick in the shaft without also stopping the bucket or skip.

(9) The manager shall take all practicable steps to ensure that the requirements of this regulation are complied with.

18. (1) Every shaft or winze in a mine (whether working or in the course of being sunk) shall, if exceeding 15.24 metres (50 feet) in depth, be provided with a proper means of communicating clear audible signals between all of the following places, namely:

( a ) the engineroom (hoistroom),

( b ) the top of the shaft,

( c ) either

(i) the bottom of the shaft, or

(ii) where appropriate, the lowest point therein to which men may be lowered,

and

( d ) every entrance for the time being in use between the surface and the bottom of the shaft.

(2) The manager shall take all practicable steps to ensure that only the code of signals set out in the Fifth Schedule to these Regulations (which code is referred to in these Regulations as "the approved code of signals") is used in raising or lowering men or materials in the shaft or winze.

(3) A cage call system shall be installed separate from the shaft signals, in a working shaft or winze in a mine. The system shall communicate between the top of the shaft or winze and every regular landing place in the shaft or winze but it shall not so communicate with the engineroom (hoistroom).

(4) A system shall be installed in every working shaft or winze in which men are raised or lowered in a mine to provide telephonic communication between the engineroom (hoistroom), the top of the shaft or winze and all regular landing places.

(5) ( a ) Where a single cage system is installed in a winding compartment at a mine and any person or persons are to be raised or lowered, arrangements shall be made to ensure that a competent person (in these Regulations referred to as a travelling onsetter (travelling cage tender)) is in the cage for the purposes of transmitting signals to the engineman (hoistman).

( b ) Where a two cage or conveyance system is used in a shaft or winze in a mine, the following provisions shall apply:

(i) a competent person (referred to in these Regulations as a banksman (deckman)) shall be in attendance at the top of the shaft or winze where men are to be lowered or raised, for the purpose of giving and receiving signals, and

(ii) a competent person (referred to in these Regulations as an onsetter (cage tender)) shall be in attendance at every entrance below ground of the shaft or winze to or from where men are to be lowered or raised, for the purpose of giving and receiving signals.

(6) A person shall not give any signal in, to or from a shaft or winze in a mine unless he is authorised in writing by the manager to do so.

(7) All signals transmitted in a shaft or winze in a mine in connection with the lowering or raising of a cage, bucket or skip shall be transmitted simultaneously to the engineroom (hoistroom), the top of the shaft or winze and to every entrance below ground of the shaft or winze to or from which men or materials may be lowered or raised.

(8) Where a shaft or winze in a mine is divided into winding (hoisting) compartments the signalling system so installed shall be such that the conveyance in any such compartment is controlled by a signal of different intonation and easily distinguishable by the engineman (hoistman) concerned.

(9) A copy of the approved code of signals shall be posted and kept posted in each of the following places in a shaft or winze in a mine, namely, the engineroom (hoistroom), the shaft or winze top and each entrance from the shaft or winze to the workings.

(10) The manager shall take all practicable steps to ensure that the requirements of this regulation are complied with.

(11) In this regulation and in Regulation 19 of these Regulations "cage" includes a bucket or skip.

19. (1) The manager shall take all practicable steps to ensure that as long as more than fifteen persons are below ground in a mine, either a banksman (deckman) and an onsetter (cage tender), or a travelling onsetter (travelling cage tender), shall be always in attendance for the purpose of giving and receiving signals when men are being lowered or raised in the shaft or winze.

(2) Where persons are being lowered or raised in a shaft or winze in a mine, the banksman (deckman) and the onsetter (cage tender), or the travelling onsetter (travelling cage tender), as may be appropriate, shall not signal the cage away until the shaft or winze gates are in their closed position. In case signals are being given by a travelling onsetter (travelling cage tender), the engineman (hoistman) shall not move the cage sooner than ten seconds after receiving the executive signal.

(3) No minerals, equipment or materials, other than things which, having regard to his work, are required to be or are normally kept by a person in his possession shall be lowered or raised (in the same cage, or otherwise) in a shaft or winze in a mine while persons are being lowered or raised in the shaft or winze. The foregoing provisions of this paragraph shall not apply in relation to—

( a ) men who are to work in such a shaft or winze and who have with them, when being lowered or raised in the shaft or winze, equipment or materials which they need or which may be required by them for the purposes of their work, or

( b ) men who are authorised to accompany bulky materials which cannot be lowered or raised in a cage.

(4) The maximum number of persons to be carried at one time in any cage or, where it has more than one deck, on each of such decks, shall be determined by the manager and indicated in a notice which shall be kept posted at the top and bottom of the relevant shaft or winze and at every entrance for the time being in use between the top and bottom of such shaft or winze. The banksman (deckman) and the onsetter (cage tender), or the travelling onsetter (travelling cage tender), as may be appropriate, shall ensure that persons in excess of the number so determined shall not enter the cage for the purpose of being raised or lowered in the shaft or winze.

20. (1) ( a ) The engineman (hoistman) shall not leave unattended the controlling gear of winding apparatus in or at a shaft or winze in a mine if any person is in or on the cage, skip or bucket, as the case may be.

( b ) The engineman (hoistman) shall not leave unattended such controlling gear while the relevant winding apparatus is in motion; provided that this paragraph shall not apply if, and for so long as, such apparatus is controlled automatically and is being operated in accordance with special regulations made under the Act and applying to it.

(2) The engineman (hoistman) shall—

( a ) whenever winding apparatus has been out of use for more than two hours, before lowering or raising any person, run the cage, skip or bucket at least once between the surface and the lowest drawing level in the shaft in order to ascertain whether everything is in order,

( b ) in case any defect is discovered which is likely to affect the proper working of the winding apparatus, begin winding only after the defect has been remedied,

( c ) at least once during his shift carefully examine the external parts of the engine (hoist), unless such an examination has been carried out during his shift by another person in pursuance of paragraph (3) (a) of Regulation 75 of these Regulations, and

( d ) not allow any other person to handle or operate such engine (hoist), machinery or apparatus unless that person is authorised in writing to do so by the manager.

21. (1) The manager shall take all practicable steps to ensure that—

( a ) a person who is under the age of twenty-two years and who has not had adequate experience on a winding engine (hoist) shall not be allowed to have charge of a winding engine (hoist) in or at a shaft or winze in which men are raised or lowered, and

( b ) a person shall neither operate nor be permitted to operate any winding engine (hoist) at a shaft or winze in which men are raised or lowered at a mine, unless the person has been examined by a registered medical practitioner and the medical practitioner has issued to the person a medical certificate in Form No. 4 set out in the First Schedule to these Regulations.

(2) A certificate issued for the purpose of this regulation shall lapse and be deemed to have expired at the end of one year from the date thereof.

(3) Every such certificate shall be kept on file by the employer and made available to an inspector at his request.

(4) The manager shall take all practicable steps to ensure that there is kept posted in every winding engine room (hoistroom) at a mine a notice showing the name of every winding engineman (hoistman) for the time being employed therein together with the date of the last certificate issued to him for the purpose of this regulation.

22. In addition to the requirements of section 73 of the Act, the manager shall take all practicable steps to ensure that in case there is reasonable cause to believe that a working is within 36.58 metres (120 feet) of a place which may contain an accumulation of water or other liquid matter or gas, adequate and timely precautions are taken, and shall in particular ensure that—

( a ) In the case of a mine of coal or other stratified minerals,

(i) the working is not more than 2.44 metres (8 feet) either in width or in height,

(ii) at least one borehole of not less than 3.05 metres (10 feet) n length in the case of igneous rock and 4.57 metres (15 feet) in length in the case of other strata, is kept in advance of the face of the working, and

(iii) there are such flank, roof and floor boreholes of the lengths mentioned in paragraph (ii) and at intervals not exceeding 4.57 metres (15 feet) as are, in the particular circumstances, sufficient to ensure that the accumulation of water or other liquid matter or gas will be tapped in the first instance by a borehole, and

( b ) in the case of any other mine, at least one borehole of not less that 15.25 metres (50 feet) in length is kept in advance of the face of the working so that the accumulation of water or other liquid matter or gas will be tapped in the first instance by a borehole.

23. (1) The manager shall take all practicable steps to ensure that the roof and sides of every travelling road, outlet and working place in a mine are made secure, and that no person, unless engaged in repairing or in investigating the safety of the workings, travels on or works in any travelling road or working place which is not made secure.

(2) In case a fall of roof or a side displaces, breaks or renders ineffective any support at a place where a person has to pass or work, it shall be the duty of the person for the time being in charge of that part of the mine which contains the place forthwith to ensure that any roof or side exposed as a result of the fall is, if necessary, dressed and secured, and that any such dressing and securing is done before any work of clearing debris (other than is necessary for the setting of supports) is begun.

(3) In case a person is unable to comply with the requirements of paragraph (2) of this regulation he shall ensure that no person passes or works at the relevant place except in accordance with directions given by the manager.

(4) A sufficient supply of timber or other materials, suitable for supports, shall at all times be placed at the immediate disposal of all workmen whose function it is to make or keep secure the roof and sides of any working place where supports are required to be erected. A reserve supply of such timber or material shall be kept readily available at other suitable places convenient to the workmen, or, if that is not practicable, close to the minehead.

24. (1) Every person employed at a mine shall, in addition to complying with the provisions of the Act, the regulations and any special rules made by the owner or manager in pursuance thereof, comply with such directions concerning safety and discipline as may be given to him by those in authority over him.

(2) Every person employed in a mine shall before commencing work and during the course of it, especially after blasting, make a careful examination of his working place and, so far as practicable, remove or secure any loose rock, stones or ground which might be dangerous. If it is not practicable to make the place safe such person shall withdraw forthwith and report the matter to his immediate superior or other responsible official.

(3) Every person employed at a mine who notices anything that appears unsafe or likely to cause danger shall remedy the matter, if it is within the scope of his duty. If it is not practicable to satisfy himself that the thing is safe or is unlikely to cause danger he shall withdraw forthwith from the place of danger and report the matter immediately to his immediate superior or other responsible official.

(4) Except in sinking shafts or winzes, a person shall not remain under a suspended wagon or load.

(5) Every workman shall, to the best of his power, carry on his work in a mine so as at all times to leave a free passage for the air current.

(6) A person shall not, without authority, pass beyond any fence or danger signal or open any locked door or go into any part of a mine other than that in which he works, or travel to or from his work by any road other than the proper travelling road.

(7) Every person working on a narrow ledge or other place of danger at a mine, from where he may fall 1.52 metres (5 feet) or more, shall, unless other practical means are provided to protect him from injury from such a fall, secure himself against falling by means of suitable safety equipment attached to a securely anchored life line which shall be provided by the owner or manager. Every such person shall, before commencing work, satisfy himself as to the safe condition of the appliances provided for his use, and shall not use anything which he finds unsafe.

(8) ( a ) A person setting a prop to support the roof or side of any place in a mine shall set it securely and on a proper foundation.

( b ) If it appears to a person whose duties include the setting of props in any part of a mine, that any prop in that part of the mine has become broken, defective or unstable—

(i) in case the prop has become broken or defective—he shall forthwith replace it, or

(ii) in case the prop has become unstable—he shall forthwith replace it or make it stable:

provided that if such person is unable to comply with the requirements of this subparagraph he shall in lieu thereof forthwith report the condition of such broken, defective or unstable prop to the person for the time being in charge of the part of the mine.

(9) It shall be the duty of the person for the time being in charge of any part of a mine to take all reasonable steps to ensure that any prop therein which becomes broken or defective is forthwith replaced and that any prop therein which becomes unstable is forthwith replaced or made stable.

(10) Any person setting a prop in a mine shall, where necessary, insert between the top of the prop and the roof or bar above it, so as to cover the whole of the top of the prop, a suitable wooden lid of adequate thickness, and where there is no bar above the prop the lid shall be of a width not less than the largest dimension of the top of the prop and of a length not less than twice that dimension.

(11) ( a ) any person building a chock which is to form part of a system of support in a mine shall build it on a proper foundation and make it tight to the roof.

( b ) A person shall not include as a main member in such a chock, otherwise than in a chock which is intended to be left in a pack or in the waste, timber other than timber which has flat bearing surfaces where it is in contact with any other main member.

(12) A person building a pack which is to form part of a system of support in a mine shall, so far as is practicable, make it tight to the roof over its whole area and, in case a pack is being built by hand or by hand tools, the person shall build the walls thereof on a proper foundation and fill the pack with debris.

(13) A person shall not be in or about a mine in a state of intoxication nor, without permission of the owner or manager, take any intoxicating liquor into a mine.

25. (1) A person shall not enter any cage or skip or bucket at the top of or in any shaft unless authorised to do so by the banksman (deckman), onsetter, or travelling onsetter (cage tender), as the case may be.

(2) A person riding in any such cage, skip or bucket shall neither interfere with or attempt to open the gates of the cage or skip nor attempt to leave such cage, skip or bucket until it is stationary at a landing place and he is authorised to do so by the banksman (deckman), onsetter or travelling onsetter (cage tender) as the case may be.

(3) The foregoing provisions of this regulation shall not apply to a person authorised in writing by the manager to transmit signals when below ground at an entrance to a shaft and at which entrance there is no onsetter or travelling onsetter (cage tender) in attendance.

26. (1) Every person engaged at any working face (including a place in a road at which ripping or work of repair is in progress) or engaged in setting or withdrawing supports shall make a careful examination of his working place at the beginning of each period of work and at appropriate intervals during the course of it, and in particular after any shot has been fired thereat or nearby and after any other interruption of work: provided that where several persons are so engaged at the same place and one of them is in charge, it shall be sufficient for the purposes of this regulation for such examination to be made by that person.

(2) Every person engaged at a working face shall, to the best of his power, before leaving his working place at the end of his period of work ensure that the working place is in such condition as to allow work to be resumed there safely, and if he is unable to do so, he shall report the matter forthwith to an official of the mine.

27. A person shall neither interfere with any machinery at a mine nor operate any machinery required by or under the Act, or by the manager of a mine, to be operated in compliance with specified signals or which is capable of developing more than ten horsepower unless—

( a ) he is a mechanic or electrician, or

( b ) he is carrying out duties in pursuance of an instruction in writing of the manager or

( c ) he is acting in an emergency for the purpose of cutting off the supply of electric or other power.

28. A person in a mine shall not brush or waft out any flammable gas.

29. (1) A person shall not be allowed underground at a mine unless he has a suitable portable lamp or light.

(2) A person who is underground in a mine shall at all times while underground both keep in his possession and keep lit the lamp or light mentioned in paragraph (1) of this regulation.

30. Every person at a mine, whether on the surface or below ground, shall behave in an orderly manner, and he shall attend to and carry out his duties in a competent manner.

31. (1) A properly designed protective safety helmet shall be worn at all times by every person while employed underground in any mine, or at any place on the surface designated by the manager or an inspector as a place at which such helmets are to be worn.

(2) Every person employed at a mine in any stage of a process in relation to which provision is made by these Regulations for the supply of protective clothing or protective equipment or devices shall wear or use the clothing, equipment or devices so supplied at all times while employed in such stage.

32. (1) The manager shall take all practicable steps to make and ensure the efficient carrying out of arrangements whereby the quantity of air passing each of the points mentioned in paragraph (2) of this regulation is measured by a competent person at intervals not exceeding thirty days.

(2) The points referred to in paragraph (1) of this regulation are the following;

( a ) In the case of every intake airway which starts at an entrance to a shaft or outlet—a point as near as is practicable to that entrance,

( b ) in the case of every junction (other than a split at a longwall face) by which air leaves an air current—a point as near as is practicable to the junction,

( c ) in the case of every part of a mine of coal or other stratified mineral containing a working face—a point in each road, which in relation to the working face is in an intake airway containing air which has not previously ventilated a working face, which point shall be as near to 137.16 metres (450 feet) distant from the nearest part of the said working face as is practicable; provided that it shall not be necessary to comply with the requirement of this subparagraph if the point therein referred to would be within 91.44 metres (300 feet) of a point at which measurements are taken in pursuance of subparagraph (a) or (b) of this paragraph.

(3) In addition to the requirement of paragraph (1) of this regulation, whenever any alteration is made in the arrangements for ventilating a mine which substantially affects, or may so affect, the quantity of air passing any point at which measurements thereof are required to be taken under the foregoing provisions of this regulation, a measurement of the quantity of air passing each such point shall be taken at the time at which the effect of the alteration would be expected to be apparent.

(4) Particulars of every measurement taken in accordance with this regulation, together with such other information incidental thereto as is, in the particular circumstances, appropriate, shall be recorded in a book or plan kept at the mine for that purpose and which shall contain the information specified in Form No. 1 set out in the First Schedule to these Regulations.

33. (1) As regards a mine of coal or other stratified mineral there shall be provided and maintained in connection with every ventilating fan (other than an auxiliary fan) driven by mechanical power a water gauge together with either an automatic indicator registering the number of revolutions of the fan at any particular time or an automatic indicator registering the ventilation pressure at any particular time.

(2) The manager of every such mine shall cause directions to be given as to the speed at which any machinery driving a fan mentioned in paragraph (1) of this regulation is to be run to the person in charge of that machinery.

34. (1) The person in charge of the machinery driving a fan mentioned in Regulation 33 of these Regulations shall examine the machinery and observe the water gauge and the automatic indicator so mentioned at intervals not exceeding—

( a ) in the case of a mine in any part of which the use of lamps or lights, other than permitted lights is unlawful—a half hour or such longer time as an inspector may approve by notice served on the manager,

( b ) in the case of any other mine—two hours.

(2) In case there is not an automatic indicator registering the ventilation pressure or such an indicator is not in use, the person in charge of the machinery driving a fan mentioned in the said Regulation 33 shall at the end of each period of two hours enter the number of revolutions of the fan and the pressure shown by the water gauge at the end of that period in a book which shall be in Form No. 2 set out in the First Schedule to these Regulations and shall be provided for the purpose by the owner of the mine.

(3) The person in charge of the machinery driving a fan mentioned in the said Regulation 33 shall forthwith report to the official of the mine under whose directions he is for the time being working—

( a ) any damage to or defect or derangement in or stoppage of that machinery, and

( b ) any unusual variation in the pressure as shown by the water gauge.

35. (1) Subject to paragraph (4) of this regulation, the manager shall, where practicable, ensure that an efficient air-lock is provided and maintained in each shaft or outlet which is connected by drift to a fan on the surface of the mine and which is ordinarily used for winding or haulage.

(2) An inspector may serve on the manager of a mine a notice requiring the provision and maintenance of such an air-lock at any shaft or outlet specified in the notice being a shaft or outlet which is connected and used as aforesaid.

(3) It is hereby declared that the provisions of section 146 of the Act with respect to references upon notices served by inspectors shall apply to a notice served under paragraph (2) of this regulation and for the purposes of subsection (4) of the said section 146 any of the following shall be a relevant ground of objection to such a notice, namely—

( a ) that there is insufficient space for an efficient air-lock,

( b ) that by reason of the shortness of the period during which the mine is expected to be worked the requirement is unreasonable, and

( c ) that, having regard to the provisions made to ensure the proper ventilation of all parts of the mine, the requirement is unnecessary.

(4) The provisions of this regulation shall not apply to a mine at which not more than thirty persons are employed below ground.

36. (1) The manager shall take all practicable steps to ensure that any road not required for the working of a mine but which connects airways which, as regards any working face, are intake and return airways is stopped off in the manner described in paragraph (2) of this regulation so as to minimise leakage of air.

(2) Any stopping required by paragraph (1) of this regulation shall be constructed of—

( a ) a tight packing at least 4.57 metres (15 feet) thick of stone, dirt, sand or rubbish, or

( b ) a tight packing at least 2.74 metres (9 feet) thick of stone, dirt, sand or rubbish having the end of the packing nearest the intake airway faced with a wall not less than 228.6 millimetres (9 inches) thick of masonry, brickwork or concrete and with a face covered with a coating of mortar or other suitable material so as to effectively minimise leakage of air, or

( c ) such other material as shall effectively minimise leakage of air.

In all cases the space between the face of the stopping and the airway shall be kept clear.

37. (1) For the purpose of minimising the leakage of air, the manager shall take all practicable steps to ensure that in every road which is required for the working of a mine and which is a connection between—

( a ) a main intake airway and a main return airway, or

( b ) two airways which as regards any working face are intake and return airways and in either of which the quantity of air passing any point is required to be measured under Regulation 32 of these Regulations;

there are provided and properly maintained at least two suitable air doors in relation to which the requirements of this regulation are complied with, and if in any case it is impracticable to provide such air doors, other suitable means of minimising such leakage are provided.

(2) For the purpose of preventing short-circuiting of an air current the manager shall take all practicable steps to ensure that in any road (other than a road mentioned in paragraph (1) of this regulation) in which the ventilation is to be restricted by means of an air door or brattice sheeting there are provided and properly maintained at least two air doors or, if that is impracticable, at least—

( a ) one air door and one brattice sheet, or

( b ) two brattice sheets,

in relation to each of which the requirements of this regulation are complied with.

(3) Air doors or brattice sheets provided in pursuance of this regulation shall be spaced so that whenever one such door or sheet is opened at least one other air door or brattice sheet provided for restricting the passage of air can be kept shut, and in any case in which it is impracticable so to space such doors or sheets, the manager shall cause other effective measures to minimise the leakage of air through them to be taken.

(4) Air doors provided in pursuance of this regulation shall be self-closing or mechanically operated and the manager shall take all practicable steps to ensure that whenever any such door is not being used it is either securely fastened in the open position or taken off its hinges and placed in a position in which it will not obstruct the air current.

(5) A person shall not prop or fix open an air door or brattice sheet in a mine except where and for so long as it is necessary to allow a vehicle to pass.

38. (1) As regards a mine to which section 63 of the Act applies the following paragraphs of this regulation shall have effect.

(2) A person other than the deputy (shift boss) in charge of a working area affected or an official of the mine authorised by the manager or a person authorised by such deputy (shift boss) or official shall not start, stop, remove or alter any fan installed below ground at a mine.

(3) A deputy (shift boss) or an official mentioned in paragraph (2) of this regulation shall not start or authorise any person to start such a fan on any occasion unless he is satisfied that it is safe for the fan to be so started.

(4) The manager shall take all practicable steps to ensure that an auxiliary fan installed at a place in a mine is so installed in accordance with the requirements of this regulation and in particular he shall ensure that an auxiliary fan shall not be installed at any such place unless—

( a ) the quantity of air reaching it should at all times be sufficient to ensure that it does not re-circulate air, and

( b ) air circulated by it should not be at any time contaminated by a substantial quantity of any noxious or flammable gas or dust;

and in case at any time either of these conditions is not satisfied he shall ensure that the fan is not worked.

(5) An auxiliary fan shall not be installed at a point at a mine within, or less than 4.57 metres (15 feet) from the nearer side of the entrance to, the place to be ventilated by it; provided that in case two or more such fans are installed as respects the same place in series this requirement shall apply only to one of them.

(6) Any forcing auxiliary fan shall be installed on the intake side, and any exhaust auxiliary fan on the return side, of the place to be ventilated by it.

(7) There shall be installed and maintained with every auxiliary fan such an air duct for conducting air to or from the face of the place to be ventilated as will both ensure adequate delivery of air within 4.57 metres (15 feet) of the face and minimise leakage of air.

(8) Every auxiliary fan, whether driven electrically or otherwise, shall be connected with earth so as to prevent the accumulation of an electro-static charge.

(9) The manager shall fix or cause to be fixed in respect of every auxiliary fan at a mine the minimum quantity of air to be thereby delivered or exhausted per minute at the end of the air duct.

(10) The manager shall take all practicable steps to make and secure the efficient carrying out of arrangements whereby at least once in every week a competent person appointed for that purpose by him measures the quantity of air being so delivered or exhausted and determines whether any air is being recirculated by an auxiliary fan.

(11) Particulars of the quantity of air fixed and of every measurement and determination made under the paragraphs (9) and (10) of this regulation shall be recorded forthwith by the manager or the competent person, as the case may be, in a book which shall be in Form No. 3 set out in the First Schedule to these Regulations and provided for that purpose by the owner of the mine.

(12) Two or more auxiliary fans shall not be installed in any section of narrow or panel workings in a mine so that they draw air from the same air current unless there is kept at the mine an accurate plan showing the general system of ventilation in that section and the quantity of air in each air current therein.

(13) Upon the preparation of a plan mentioned in paragraph (12) of this regulation the manager of the mine shall cause a copy thereof to be sent to the inspector, and if any change in the system of ventilation or any substantial variation in the quantity of air in any air current thus shown is made, as soon as the effect thereof can be ascertained the manager shall cause to be sent an amended plan or otherwise cause notice of the change or variation to be given to the inspector.

39. (1) Where a place in a mine is ventilated by an auxiliary fan, no workman shall enter or remain in that place while the fan is not operating unless the deputy (shift boss) in charge of the working area or some other competent person has inspected the place and found it safe.

(2) The requirements of paragraph (1) of this regulation are in addition to those of section 56 (6) of the Act.

40. (1) A fan (other than an auxiliary fan) shall not be installed at any place below ground in a mine, unless the manager is satisfied that for the proper ventilation of the mine it is necessary or expedient to install it at that place and before deciding to install such a fan the manager shall take into account a survey of the ventilation of every part of the mine which would or could be substantially affected by the installation, together with a report upon the appropriate type, size and location of the proposed fan, being a survey and report made by persons experienced in those matters and appointed for the purpose by the owner of the mine or the manager.

(2) Whenever any such fan is so installed the manager shall forthwith cause notice thereof to be given to the Inspector together with particulars of the survey and a copy of the report made in relation to that installation.

41. The Manager shall take all practicable steps to ensure that in any mine in which naked lights are in use, every brattice sheet is composed of fire-resisting material and is properly maintained.

42. (1) Any person who moves a brattice sheet in a mine for the purpose of passing through or for any other purpose shall ensure that it is replaced as soon as possible.

(2) Any person who opens any air door in a mine for the purpose of passing through or for any other purpose shall afterwards carefully close it as soon as possible.

(3) A person shall neither interfere with nor disarrange any appliance for directing the ventilation of a mine.

43. Wherever brattice sheets or ducts are used to secure the ventilation of any working place in a mine (other than a working place in a shaft in the course of being sunk), it shall be the duty of the deputy (shift boss) or other official in charge of the part of the mine where the brattice sheets or ducts are situated to ensure that they are placed and maintained so that an adequate amount of air reaches that working place.

44. A person employed at a mine may pass on foot along a length of a road therein to which section 40 of the Act applies while vehicles mentioned in that section are moving in such road—

( a ) if there is continuously maintained a clear space not less than 0.61 metres (2 feet) in width between the vehicles and one side of the road and the maximum permitted speed of the vehicles running therein does not exceed 16.09 kilometres (10 miles) per hour, or

( b ) in the case of a mine opened before the 1st day of July, 1960, if—

(i) the maximum speed at which vehicles may run in the length of road does not exceed 4.83 kilometres (3 miles) per hour,

(ii) The gradient thereof nowhere exceeds 1 in 9 or does not exceed 1 in 12 for a distance exceeding 91.44 metres (300 feet), and the average gradient of the length of road does not exceed 1 in 12, and

(iii) in a case in which there are two lines of rails in the road, the space between the rails is kept free of obstructions.

45. The manager shall take all practicable steps to ensure that at every place in a mine at which sets or trains consisting of three or more vehicles are coupled or uncoupled there is provided and maintained a continuous clear space not less than 0.61 metres (2 feet) in width between the vehicles standing on any rails in the place and the side of the road nearest to those rails: provided that this regulation shall not apply in relation to a place where there are two or more parallel lines of rails and there is a clear space not less than 0.91 metres (3 feet) in width between the vehicles standing parallel on those lines.

46. (1) For the purposes of section 41 of the Act, refuge holes shall be provided in roads in mines in which run vehicles moved by gravity or mechanical power (other than locomotives or vehicles mounted on tyres or caterpillar tracks) as follows—

( a ) in the case of a length of road in which the gradient does not exceed 1 in 20 and in which either there is a continuous clear space not less than 0.61 metres (2 feet) in width between the vehicls and one side of the road, or the maximum permitted speed of the vehicles running in the road does not exceed 4.83 kilometres (3 miles) per hour—at intervals along the road of not more than 18.29 metres (60 feet); or

( b ) in the case of a length of road not being a length mentioned in subparagraph (a) of this paragraph—at intervals along the road of not more than 9.14 metres (30 feet).

(2) For the said purposes refuge holes shall be provided in such roads in which locomotives run as follows—

( a ) in the case of a length of such a road which is curved at intervals along the road of not more than 30.48 metres (100 feet);

( b ) in the case of a length of such a road which is straight but in which there is a gradient—

(i) in case the gradient does not exceed 1 in 80—at intervals along the road of not more than 91.44 metres (300 feet).

(ii) in case the gradient exceeds 1 in 80 but does not exceed 1 in 30—at intervals along the road of not more than 45.72 metres (150 feet), and

(iii) in case the gradient exceeds 1 in 30— at intervals along the road of not more than 30.48 metres (100 feet);

( c ) in the case of any part of the road which is not a part described in subparagraph (a) or (b) of this paragraph—91.44 metres (300 feet).

(3) For the said purposes an additional refuge hole or holes shall, if necessary, be provided so that there is a refuge hole at each end of every curved part of a road in which a locomotive runs.

(4) Notwithstanding paragraph (2) of this regulation, as regards any length of such a road, being a road in which a locomotive runs, and in which there is provided a continuous clear space of not less than 1.83 metres (6 feet) between the vehicle and one side of the road, it shall not be necessary to provide refuge holes in that length of road.

(5) For the said purposes the dimensions of refuge holes hereinbefore mentioned shall be:

( a ) in width, not less than 0.91 metres (3 feet) as nearly as may be,

( b ) in depth, not less than 1.22 metres (4 feet), and

( c ) in height, the height of the road at the place where the refuge hole is situated or 1.83 metres (6 feet), whichever is the less.

(6) In addition to the requirements of the foregoing paragraphs, refuge holes provided for the purposes of the said section 41 shall be provided so that when there is on a particular side of a road a continuous clear space not less than 0.61 metres (2 feet) in width between the vehicles running in the road and the edge of the road on that side the refuge holes are provided on that side of the road.

(7) Where in any length of road a clear space mentioned in paragraph (6) of this regulation is not provided any refuge holes in a part of the road which curves shall be provided on the outside of the curve and all the refuge holes therein shall be on the same side of the road.

(8) Every refuge hole provided for the purposes of the said section 41 shall be kept clean and free from obstruction and in case it is necessary to make it readily visible, be kept dressed either with whitewash or other suitable material both inside and for a distance of not less than 0.30 metres (1 foot) round the aperture.

47. (1) As regards a mine in which trains are run for the conveyance of persons below ground, each such train shall be accompanied by, and all persons therein shall be in the charge of, a competent person appointed for the purpose by the manager.

(2) A person shall neither get on to or off such a train when it is moving nor ride upon the footboard, buffer or coupling of any vehicle forming the whole or part of the train.

48. Whenever a set or train of vehicles is being moved in a mine by mechanically or gravity operated rope haulage apparatus at a speed exceeding 4.82 kilometres (3 miles) per hour, a person shall while riding thereon neither attach vehicles to nor detach vehicles from the set or train.

49. A person shall not ride on a haulage rope in a mine.

50. (1) While moving a vehicle in a mine by hand down a gradient exceeding 1 in 12 a person shall not place himself in front of the vehicle.

(2) A person shall not move any vehicle by hand down an incline in a mine unless he can control it from behind either by his own strength or by means of a contrivance provided for that purpose.

51. (1) The manager shall take all practicable steps to ensure that a sufficient supply of suitable sprags, lockers, drags or other suitable contrivances is provided, maintained, kept available and used for the purpose of holding vehicles stationary where necessary;

( a ) at the top of every incline in a mine on which vehicles are moved by gravity operated rope haulage apparatus, and

( b ) at every place at a mine at which sets or trains consisting of three or more vehicles are coupled or uncoupled.

(2) The manager shall take all practicable steps to ensure that stop blocks or other similar contrivances are provided, maintained and kept available;

( a ) at the top of every incline in a mine on which vehicles are moved by gravity operated rope haulage apparatus (not being such apparatus with an endless rope), and

( b ) at every entrance to such an incline where vehicles are brought onto the incline.

(3) In relation to every train comprised of two or more vehicles and by which persons are carried and which is moved by mechanically operated rope haulage apparatus (not being such apparatus with an endless rope) upon any length of road in a mine having a gradient exceeding 1 in 12, a manager shall take all practicable steps to ensure that there is provided and maintained means of preventing any vehicle forming part of the train from becoming disconnected accidentally from another such vehicle.

(4) The requirements of this regulation are in addition to those of section 42 of the Act.

PART III.Health and Welfare Provisions.

52. The manager shall take all practicable steps to ensure that—

( a ) a person who is less than sixteen years of age is not employed below ground in a mine, and

( b ) a person who is sixteen years of age but is less than eighteen years of age is not so employed other than for the purpose of receiving approved practical training.

53. (1) It shall be the duty of a manager to take all practicable steps to ensure that a person employed at a mine, not being a mine mentioned in section 113 (2) of the Act, neither remains nor is allowed to remain in the mine for more than nine hours in any twenty-four hour period and as respects the aforementioned nine hours the manager shall ensure that the person shall not spend more than eight of them at his place of work in the mine, but the foregoing limit shall not apply to—

( a ) a Saturday shift which works in excess of the limit for the purpose of avoiding work on Sunday, changing shift at the end of the week or giving any of the men a part holiday,

( b ) deputies (shift bosses), pumpmen or cagetenders, or persons engaged solely in surveying or measuring, provided that the persons mentioned in this sub-paragraph shall neither remain in or be allowed to remain underground for more than nine hours and a half, or

( c ) any occasion on which a person remains, after the time at which his period of employment ends, below ground in a mine for the purpose of rendering assistance in the event of accident, meeting any danger (whether actual or apprehended) or dealing with any emergency or with work uncompleted through unusual and unforeseen circumstances and which requires to be dealt with without interruption in order to avoid serious interference with ordinary work in the mine.

(2) Subject to paragraph (3) of this regulation, a manager shall take all practicable steps to ensure that a person neither operates nor is permitted to operate at a mine, either on the surface or underground, any winding engine (hoist) by means of which persons or material are raised or lowered in any shaft or winze, for more than eight hours in any twenty-four hour period.

(3) ( a ) In case one of the regular winding enginemen (hoistmen) is absent from duty through sickness or otherwise and there is no competent substitute available, other than a person who has worked for the period hereinbefore specified, that person may work extra time not exceeding four hours in the twenty-four hours.

( b ) In case the work at a mine or in any shaft or winze at any mine is not carried on in successive shifts a winding engineman (hoistman) may work such extra time at the beginning and end of a shift as may be necessary for raising or lowering persons employed on the shift.

( c ) The limit specified in paragraph (2) of this regulation shall not apply in relation to a Saturday shift which works in excess of the limit for any of the purposes specified in paragraph (1) (a) of this regulation.

54. (1) A manager shall cause arrangements to be made for the medical examination by a registered medical practitioner (hereinafter referred to as a doctor) of every person to be employed at the mine or required by a certificate issued for the purpose of this regulation to have a further such examination.

(2) As regards any person employed in a mine specified in the Sixth Schedule hereto, the manager shall cause arrangements to be made for the medical examination of that person by a doctor during the last quarter of each twelve months period of service.

(3) A certificate issued for the purpose of this regulation shall contain the information specified in the Form No. 4 set out in the First Schedule to these regulations and the certification contained in the certificate shall be in terms at least as explicit as the terms of certification so specified.

(4) A certificate mentioned in paragraph (3) of this regulation may impose conditions or limitations in relation to the employment of persons in any particular capacity or in particular work and may require the person to whom it relates to be further medically examined after a period specified in the certificate.

(5) Every certificate issued under this regulation shall be kept at the office of the mine or at some other place approved of by an inspector.

(6) Every medical examination carried out for the purpose of this regulation shall include an X-ray examination of the lungs and any other medical examination which may be reasonably required by the doctor.

55. (1) The manager of a mine shall, before the employment of a person at a mine, cause notice to be given to—

( a ) the doctor by whom that person is to be examined, of the name, address and age of the person, and

( b ) the person requiring him to attend that doctor for examination on a day specified in the notice.

(2) Where any person employed at a mine is required by a certificate issued for the purpose of Regulation 54 of these Regulations to be further medically examined, the manager shall, not later than four days before the end of the period specified in the certificate, cause notice to be given to—

( a ) the doctor by whom the person is to be examined, of the name, address and age of the person together with particulars of the certificate, and

( b ) the person requiring him to attend that doctor for further examination on a day specified in the notice and which is within or not later than fourteen days after the end of the period specified in the certificate.

56. (1) Where a certificate issued for the purposes of Regulation 54 of these Regulations relates to a person who, at the date of the relevant examination is under twenty-one years of age, that certificate shall lapse and be deemed to have expired at the end of twelve months from the date of the certificate.

(2) The manager shall, until such time as a person referred to in paragraph (1) of this regulation reaches the age of twenty-one, cause arrangements to be made for the medical examination for the purposes of Regulation 54 of these Regulations of the person during the last quarter of each twelve months period of service.

(3) Where a certificate issued for the purposes of Regulation 54 of these Regulations relates to a person who at the date of the relevant examination is at least 21 years of age and is employed at a mine specified in the Sixth Schedule to these Regulations, that certificate shall lapse and be deemed to have expired at the end of the period of twelve months beginning on the date of the certificate.

57. (1) A person shall comply with the requirements of a notice given to him under Regulation 55 of these Regulations, and any person who fails so to comply shall not be employed at the relevant mine.

(2) A person shall not be employed at a mine unless the requirements of Regulation 54 as to a medical examination have been complied with and a certificate of fitness has been issued under that regulation in relation to him and—

( a ) in case such a certificate is issued in relation to the employment of the person in a particular capacity or particular work— he shall not be so employed in any other capacity or work, and

( b ) in case such a certificate is a certificate mentioned in Regulation 56 of these Regulations or is issued for a period specified in the certificate, the person shall not be so employed after the certificate has lapsed by virtue of the said Regulation 56 or the expiration of the period so specified, as may be appropriate, unless or until a further certificate of fitness is issued in relation to him.

58. (1) ( a ) Where the manager is satisfied that at a place at a mine (whether on the surface or below ground) persons are engaged in a process or operation, as regards which he is satisfied that the persons are or may be exposed to dust, gas or other substance of such character and in such quantity as to be likely to be injurious to health, he shall designate the place as a designated area for the purposes of this regulation and Regulations 62, 71 and 72 of these Regulations and any place designated under this regulation is referred to in those Regulations as a "designated area".

( b ) Where an inspector is of the opinion that any place at a mine should be a designated area he shall by notice in writing require the manager to designate under this regulation that place as a designated area and the manager shall forthwith comply with the requirement.

(2) The provisions of section 146 of the Act as to references upon notices served by inspectors shall apply to a notice served under subparagraph (b) of paragraph (1) of this regulation. For the purposes of subsection (4) of the said section 146 it shall be a relevant ground of objection that the conditions existing at a place specified in such a notice are such that persons working are not exposed to dust, gas or other substance of such character and in such quantity as to be likely to be injurious to health.

(3) Where persons are working at a designated area, it shall be the duty of the manager of the mine to cause arrangements to be made to ensure that—

( a ) every person so working shall be examined at the expense of the owner by a doctor before being employed in any operation or process mentioned in paragraph (1) of this regulation and thereafter once in every six months or at such other intervals as may be directed by such doctor,

( b ) every person to be examined in accordance with this paragraph is enabled to present himself at the appointed time for the examination,

( c ) a person who has failed to submit himself for a medical examination required by this paragraph is not allowed to work in any such operation or process before submitting himself for such an examination,

( d ) a person, in respect of whom there is for the time being in force a certificate issued for the purposes of this paragraph and which does not cover employment in any such operation or process, shall neither work nor be allowed to work in any such operation or process until such time as such a certificate covering such employment is issued in relation to him.

(4) Notwithstanding any direction given for the purposes of paragraph (3) (a) of this regulation, the Minister or the doctor who gave the direction may at any time require a person employed in any operation or process mentioned in paragraph (1) of this Regulation to undergo a medical examination which may consist of any or all of the following—

( a ) a general clinical examination,

( b ) a blood pressure determination,

( c ) a haemoglobin estimation,

( d ) an X-ray examination of the lungs,

( e ) respiratory function tests,

( f ) a blood lead level determination,

( g ) any other examination considered necessary

and the requirements of paragraph (3) of this regulation, other than subparagraph (a), shall, in relation to a person examined by virtue of this paragraph, apply, subject to the necessary modifications, in the same manner as they apply in relation to a person examined for the purposes of that paragraph.

(5) A certificate issued for the purposes of this regulation shall be in Form No. 4 set out in the First Schedule to these Regulations and every certificate so issued shall be kept readily available at the mine or at such other place as may be approved of by an inspector.

(6) For the purposes of paragraph (1) of this regulation the following shall be regarded as being injurious to health:

( a ) pneumoconiosis due to silica or other mineral dust,

( b ) diseases resulting from the working, handling or treatment of ores containing aluminium, lead, antimony, cadmium, arsenic, mercury, manganese, vanadium, asbestos, copper, silver, zinc or their compounds or any other minerals or their compounds, and

( c ) diseases resulting from the working, handling or treatment of radio-active ores.

59. (1) The manager of every mine shall cause arrangements to be made to keep at the office of the mine a register (herein referred to as the health register) and make or cause to be made entries therein showing—

( a ) the name, address, age and date of first employment of every person who is or has been employed at the mine and who is or was required by these Regulations to be medically examined,

( b ) particulars of any notice given to any such person to attend for a medical examination required by these Regulations and of any certificate issued after such examination,

( c ) in any case in which the employment of a person was terminated in pursuance of Regulation 57 (2) (b) of these Regulations, the date and reason therefor.

(2) The manager of a mine shall, if so requested by the manager of any other mine, send to that manager a copy of any entry in the health register which he may reasonably require to enable him to comply with the requirements of these Regulations with respect to the employment of a person at the other mine.

(3) A register kept in pursuance of this regulation shall neither be destroyed nor removed from the office of a mine without the approval in writing of an inspector, and if the mine is abandoned it shall, within three months of the abandonment, be sent to the Minister for preservation by him for such a period as the Minister considers expedient for the purpose of enabling these Regulations to be carried into effect.

60. (1) Where, in relation to a mine, the facilities and equipment mentioned in this regulation are provided in accordance therewith and the provisions thereof are otherwise complied with, those facilities and that equipment shall, as respects the mine, be adequate for the purposes of section 85 (1) of the Act.

(2) There shall be on the surface constantly available for use a room where first aid shall be rendered to persons who, while employed at the mine, suffer bodily injury or become ill, and the room shall—

( a ) be conveniently accessible to injured persons and ambulances,

( b ) be provided with adequate heating and lighting,

( c ) have interior surfaces which may easily be kept in a clean and dust free condition, and

( d ) have a readily available supply of both hot and cold water.

(3) The room shall be kept clean and properly maintained and be ventilated by clean and fresh air.

(4) In every such room, or in some other suitable place, there shall be provided—

( a ) a stretcher (together with adequate blankets and hot-water bottles) and separate facilities for its support at carrying level when loaded,

( b ) a couch with either a bench or at least two chairs,

( c ) splints or other means suitable for the immobilisation of any injured limb and adequate and suitable bandages and padding therefor,

( d ) an adequate supply of wholesome drinking water,

( e ) soap, adequate towels and a nail brush, and

( f ) a first-aid box or cupboard clearly marked "First Aid" and containing only first aid materials (which shall include the leaflet and materials specified in the next following paragraph) and which shall comply with the requirements of paragraph (6) of this regulation.

(5) The materials referred to in paragraph (4) (f) of this regulation are as follows:

( a ) for mines at which the number of persons employed does not exceed fifty—

(i) a copy of the first-aid leaflet (Form F. I. 1033) issued by the Department of Labour,

(ii) a sufficient number (not being less than twelve) of small sterilised dressings for injured fingers,

(iii) a sufficient number (being not less than six) of medium size sterilised dressings for injured hands or feet,

(iv) a sufficient number (being not less than six) of large sterilised dressings for other injured parts of the body,

(v) a sufficient number of sterilised burn dressings (both small and large),

(vi) a sufficient supply of sterilised cotton wool,

(vii) a sufficient number of assorted sizes (being not less twelve) of adhesive wound dressings of the type mentioned in paragraph (16) of this regulation,

(viii) a sufficient number (being not less than two) of suitable triangular bandages,

(ix) a sufficient supply of adhesive plaster,

(x) a sufficient supply of the eye ointment in the type of container mentioned in paragraph (17) of this regulation,

(xi) a sufficient number (being not less than eight) of sterilised eye-pads in separate sealed packets,

(xii) a sufficient supply of suitable antiseptic,

(xiii) a rubber bandage or pressure bandage, and

(xiv) a sufficient supply of safety pins; and

( b ) for mines at which more than fifty persons are employed—

(i) a copy of the said first-aid leaflet (Form F.I. 1033),

(ii) a sufficient number (being not less than twenty-four) of small sterilised dressings for injured fingers,

(iii) a sufficient number (being not less than twelve) of medium sized sterilised dressings for injured hands or feet,

(iv) a sufficient number (being not less than twelve) of large sterilised dressings for other injured parts of the body,

(v) a sufficient number of sterilised burn dressings (both small and large),

(vi) a sufficient supply of sterilised cotton wool,

(vii) a sufficient number of assorted sizes (being not less than thirty-six) of adhesive wound dressings of the type mentioned in the said paragraph (16),

(viii) a sufficient number (being not less than eight) of suitable triangular bandages,

(ix) a sufficient supply of adhesive plaster,

(x) a sufficient supply of the eye ointment in the type of container mentioned in the said paragraph (17),

(xi) a sufficient number (being not less than eight) of sterilised eye-pads in separate sealed packets,

(xii) a sufficient supply of suitable antiseptic,

(xiii) a supply of suitable splints and cotton wool or other material for padding,

(xiv) a tourniquet, and

(xv) twelve roller bandages.

(6) All materials or dressings contained in the first-aid boxes or cupboards shall be those designated in, and of a grade and quality not lower than the standard prescribed by the British Pharmaceutical Codex or any supplement thereto.

(7) At all times while persons are employed at the mine at least one person shall be readily available who is competent to administer first-aid and who shall comply with at least one of the following requirements, namely:

( a ) be registered in the General Division of the Register of Nurses maintained by An Bord Altranais in accordance with the Nurses Act, 1950 to 1961, or

( b ) be the holder of a certificate of proficiency in first-aid granted within the last preceding three years by a society, body, or training organisation approved by the Minister for that purpose.

(8) Adequate equipment for rendering first-aid and suitable stretchers for the safe removal of persons employed who suffer bodily injury or become ill shall be provided and properly maintained at suitable places below ground at a mine.

(9) The manager shall appoint sufficient persons, who, or each of whom, shall be the holder of a certificate of proficiency in first-aid granted within the last preceding three years by a society, body or training organisation approved by the Minister for the purpose, to ensure that, as far as practicable, there is in proportion to the total number of persons employed below ground at least one such holder for each ten persons so employed.

(10) At all times while persons are working below ground in a mine at least one person who holds a certificate described in paragraph (9) of this regulation shall be readily available to administer first-aid, provided that this paragraph shall not apply where no persons other than pump-minders, mechanics, electricians or persons performing other duties of a specialised nature are so working in a mine.

(11) Each first-aid room, box, cupboard or underground station at the mine shall be clearly and conspicuously marked and the names of the persons appointed to administer first-aid treatment shall be posted and kept posted in a position where they may be easily seen and read by the persons employed. All practicable steps shall be taken to ensure that each person is informed of the location of the nearest first-aid station.

(12) A basket type stretcher or other suitable appliance shall be provided at a mine to minimise discomfort caused by, and to prevent aggravation of any injury at the following places, namely—

( a ) every shaft or unwalkable outlet through which injured persons are raised and in which the cage or carriage is not large enough to permit of a stretcher being laid flat therein,

( b ) every shaft or unwalkable outlet through which persons are raised otherwise than in a cage or carriage,

( c ) every shaft or unwalkable outlet in the course of being sunk or driven, and

( d ) in every mine in which workings are steeply inclined.

(13) All practicable arrangements shall be made and maintained at a mine for the prompt provision or summoning of a suitably constructed ambulance carriage for the conveyance, where necessary, to hospital of persons who, while employed at the mine, suffer bodily injury or become ill.

(14) All equipment provided at the mine for the purpose of rendering first-aid shall be inspected by the manager, or a competent person appointed by him for the purpose at intervals not exceeding thirty days to ensure that it is in conformity with the requirements of this regulation.

(15) ( a ) It shall be the duty of the owner of every mine where poisonous or dangerous compounds, solutions or gases are used or produced to ensure that there shall be kept at the mine a sufficient supply of suitable antidotes and washes for the prompt first-aid treatment of all injuries likely to be sustained by persons employed in the mine from such compounds, solutions or gases.

( b ) The containers containing such antidotes and washes shall be properly labelled and the labelling shall contain explicit directions for the use of their contents.

(16) The adhesive wound dressings referred to in paragraph (5) of this regulation shall consist of a pad fixed to a piece of plaster, waterproof or otherwise, as centrally as possible and leaving an adequate margin of adhesive surface all round. The pad and the margin of adhesive surface shall be protected by muslin or other suitable material for removal before use. The pad shall be either a piece of unmedicated absorbent lint or other suitable material containing one or other of the following substances in not more than the strength specified—

Each wound dressing shall be contained in an individual sealed pack clearly marked to indicate the contents of the pack.

(17) The eye ointment referred to in paragraph (5) of this regulation is the ointment referred to in the British Pharmacopoeia, 1958, as Sulphacetamide Eye Ointment (6%).

The ointment shall be packed in a sterilized collapsible opaque tube (with nozzle and cap) containing three grams of the ointment and clearly marked "Sulphacetamide Eye Ointment". The proportion of Sulphacetamide Sodium in the ointment shall also be clearly marked on the tube.

(18) When two or more shifts are operated at a mine, for the purpose of this and the next following regulation, the number of persons employed on the larger or largest, as the case may be, of the shifts shall, for the said purposes, be taken to be the number employed at the mine.

61. (1) The owner or manager of a mine shall provide or cause to be provided and maintained for the use of all persons employed, suitable facilities above ground (other than in the winding engineroom (hoistroom) or boiler house) for the changing and drying of clothes. Such facilities shall consist of suitably situated cupboards, or at least one hook or peg for each person employed, the pegs or hooks to be not less than 305 millimetres (12 inches) apart laterally, or of other suitable arrangements approved of by an inspector.

(2) The facilities provided in pursuance of paragraph (1) of this regulation shall be—

( a ) conveniently located and enclosed so as not to be exposed to dust from any process, and

( b ) except in the case of facilities provided before the 1st day of January 1973, constructed and arranged so that the persons using the facilities shall enter and leave the cloakrooms by different doors before and after changing,

( c ) placed under the charge of a responsible person who shall ensure that clothing not worn during the working hours and working clothing are kept under proper supervision and the facilities are maintained in a clean state.

(3) The owner or manager of a mine shall provide and maintain or cause to be provided and maintained, for the use of persons employed above ground, a mess room for the taking of meals and which shall be—

( a ) located conveniently and enclosed so as not to be exposed to dust from any process,

( b ) furnished with sufficient tables (having impervious table top surfaces) and chairs or benches,

( c ) provided with adequate means for boiling water,

( d ) provided with adequate facilities for the washing and rinsing of eating utensils,

( e ) provided with convenient facilities for washing hands and which shall comply with the requirements mentioned in paragraph (7) of this regulation,

( f ) provided with an adequate supply of clean and wholesome drinking water,

( g ) provided with suitable and adequate arrangements to enable persons employed at the mine to store their food containers during working hours,

( h ) maintained in a clean state,

( i ) provided with effective means for securing and maintaining a temperature of not less than sixteen degrees Celsius during meal intervals, and

( j ) placed under the charge of a responsible person.

(4) The owner or manager of a mine shall provide and maintain or cause to be provided and maintained at least one shower bath with an ample supply of hot and cold water from one fixture for every fifteen persons employed, and in case the number of persons employed at the mine is not a multiple of fifteen, that number shall be rounded up to the next multiple of fifteen and the result obtained shall, for the purposes of this paragraph, be deemed to be the number of persons employed at the mine.

(5) The washing facilities provided under this regulation shall not be located in any room or place provided for the taking of meals.

(6) Every cloakroom, mess room and washroom accommodation (including any passages used in relation thereto) provided in pursuance of these Regulations shall comply with the following requirements:

( a ) it shall be constructed and maintained so as to exclude rain, wet and damp and shall be adequately lighted and ventilated,

( b ) the walls, floors and ceilings thereof shall be of suitable construction,

( c ) all ceilings, partitions and inside walls shall be painted and washed or otherwise cleaned and shall be maintained in a clean state at all times.

(7) The requirements referred to in paragraph (3) (e) of this regulation are as follows:

( a ) each washhand basin shall be fitted with a waste-pipe and plug and shall have a supply of hot and cold water or warm water laid on,

( b ) each trough shall be fitted with an unplugged waste-pipe and shall have a supply of warm water laid on at points above the trough at intervals of not more than 0.61 metres (2 feet),

( c ) washhand basins and troughs shall be sufficient in number to provide at least one basin or 0.61 metres (2 feet) of the length of any trough, or, in the case of circular or oval troughs 0.61 metres (2 feet) of the circumference of a trough for every five persons employed who may require to use the facilities at any particular time,

( d ) a basin or trough shall not be reckoned as being provided in relation to a number of persons unless the basin or trough is conveniently accessible to every one of that number, and

( e ) a trough or other receptacle shall measure internally at least 1.22 metres (4 feet) over its longest or widest part.

62. In addition to the requirements of Regulation 61 of these Regulations, where persons are working at a designated area, the owner or manager shall provide and maintain, or cause to be provided and maintained, for the use of all those persons the following:

( a ) adequate and suitable cloakroom accommodation for clothing not worn during working hours, and

( b ) adequate and suitable cloakroom accommodation having satisfactory arrangements for the storage and drying of working clothing and the storage of personal protective clothing and protective respiratory equipment required under these Regulations.

63. (1) In addition to complying with the requirements of section 87 of the Act, it shall be the duty of the manager of every mine to take all practicable steps to ensure that at the surface of the mine—

( a ) where there is a piped water supply, all sanitary conveniences, other than urinals, are individually flushed water closets, and that all urinals have suitable flushing arrangements, and

( b ) sanitary conveniences do not communicate with any workroom except through the open air or through an intervening ventilated space,

provided that sub-paragraph (b) of this paragraph shall not apply as regards sanitary conveniences at a mine which have been in use since before the first day of January 1975, if, and for so long as those conveniences are provided with sufficient ventilation exhausting to the open air.

(2) There shall be provided at every mine at least one suitable sanitary convenience (not being a convenience suitable only as a urinal) for every 25 males employed at a mine; provided that if the number of persons employed at the surface at the mine at any particular time exceeds 100 and sufficient urinal accommodation is also provided for those persons, it shall be sufficient if there is provided one such convenience for every 25 males so employed up to the first 100 and one such convenience for every 40 such males thereafter. In determining the number of such sanitary conveniences required to be provided under this regulation, where the number of persons employed at a mine at a particular time is not a multiple of twenty-five that number shall be rounded up to the next multiple of twenty-five and the result obtained shall, for the purposes of this paragraph, be deemed to be the number of persons so employed at the mine.

(3) Sanitary conveniences provided at a mine shall be placed so as to be readily accessible to the persons employed at the mine.

(4) In addition to the foregoing requirements of this regulation, a sanitary convenience shall be located at a place in or convenient to the engineroom (hoistroom) in a mine.

64. It shall be the duty of the manager of every mine to take all practicable steps to ensure that—

( a ) all sanitary conveniences provided above ground at the mine are under cover and screened so as to secure privacy for persons using them, and

( b ) that every sanitary convenience provided at the mine for the use of females is provided with a door which can be firmly secured on the inside when shut.

65. The manager of every mine shall take all practicable steps to make and secure the efficient carrying out of arrangements whereby (except in the case of urinals and water-closets and conveniences so constructed and used that any deposit flows therefrom to a separate container and is therein chemically treated):

( a ) an adequate supply of disinfectant, dry dust, or other suitable substance for covering faeces is constantly provided in a suitable receptacle at every sanitary convenience at the mine,

( b ) every sanitary convenience below ground at the mine is provided with a portable receptacle with a lid, both made of suitable material, and

( c ) every receptacle provided in pursuance of paragraph (b) of this regulation is, at such intervals as may be necessary and in any case at intervals not exceeding seven days, emptied above ground, and cleaned.

66. (1) A person shall not relieve his bowels at a mine above or below ground, otherwise than in a sanitary convenience.

(2) A person shall not improperly soil or render unfit for use any sanitary convenience at a mine or any sanitary utensil or appliance provided for use at such a sanitary convenience.

(3) Every person who relieves his bowels below ground at a mine shall forthwith cover the faeces with disinfectant, dry dust, or other suitable substance. This provision shall not apply in case of a water closet or other sanitary convenience so constructed and used that any deposit flows therefrom to a separate container and is therein chemically treated.

67. (1) In case either the noise level at any place in a mine or noise resulting from any process or operation at a mine is of a character or intensity likely to cause bodily injury to persons employed at the mine the owner of the mine shall ensure that all practicable measures are taken to protect such person against such injury by:

( a ) the provision of suitably designed protective ear muffs or other devices to protect the persons against such injury, and

( b ) any other expedient means to attenuate the noise.

(2) All person employed at a mine in or adjacent to the source of any noise likely to cause bodily injury shall wear any protective devices provided by the owner in accordance with paragraph (1) of this regulation.

68. (1) For the purpose of attaining the objects mentioned in section 70 of the Act, it shall be the duty of the manager of every mine to take all practicable steps to ensure that—

( a ) no person uses or causes or allows to be used a power operated drill unless an efficient jet or spray or other equally efficient means is provided so as to minimise the escape of dust into the air;

( b ) no mineral is crushed or ground in any crushing or grinding machine unless such machine is—

(i) provided with an exhaust fan and efficient dust collecting appliances to minimise the escape of dust into the air in any place in the mine in which work is carried on, or

(ii) provided with an efficient water or steam spray or jet or other arrangement to minimise the escape of dust into the air, or

(iii) enclosed so as to minimise the escape of dust into the air,

( c ) a development heading, such as a drift, cross-cut, raise or sub-drift, is provided with an efficient water or air-water blast which will discharge within an effective distance of the face then being advanced and that the blast is applied for at least fifteen minutes after shot-firing (blasting) to wet the area and is discharged thereafter as often as is necessary to ensure that the muck-pile is kept wet,

( d ) all tubs, trams, mines-cars and conveyances for carrying minerals are constructed and maintained so as to prevent any dust from escaping through their sides, ends or floors.

(2) Compliance with the requirements of this regulation shall not necessarily be taken as compliance with the requirements of section 70 of the Act.

69. (1) The manager shall take all practicable steps to ensure that—

( a ) in case an internal combustion engine is installed in a building at any mine, provision is made for safely conducting the exhaust gases of such engine into the open air, and the exhaust system is arranged so as to avert the possibility of fumes re-entering the building or entering the intake of any air compressor or contaminating the atmosphere of any adjacent buildings or the mine workings,

( b ) in case, in connection with the carrying on of any operation or process at a mine, there is given off gas of such character and quantity as to be likely to be dangerous or injurious to the persons employed,

(i) the entry of the gas into the air or its accumulation in any place in circumstances which might be harmful is minimised by means taken as near as possible to the point of origin of the gas, and

(ii) any of the gas entering the air is trapped or dispersed so as to render it harmless, and

( c ) no person at a mine enters or is permitted to enter any confined space, tank or similar container unless all necessary steps have been taken to ensure that the atmosphere therein is safe.

70. Suitable goggles, and where appropriate, effective screens shall be provided by the owner to protect the eyes of the persons employed in any of the following operations or processes at a mine—

( a ) breaking and dressing of mineral carried on by means of hand tools or other portable tools,

( b ) welding or cutting of metals by means of electrical, oxyacetylene or other similar process,

( c ) dry grinding of metals or articles of metal applied by hand to a revolving wheel or disc driven by mechanical power, and

( d ) processes involving the use or manipulation of corrosive or other liquids detrimental to the eyes.

71. (1) Where persons are working at a designated area, the owner shall provide and cause to be issued suitable respiratory protective equipment for the use of every person employed in such operation or process.

(2) The manager shall take all practicable steps to ensure that respiratory protective equipment required to be provided by paragraph (1) of this regulation is inspected regularly, replaced when necessary and maintained in an efficient and sanitary condition, and that adequate means of cleaning and disinfecting respiratory protective equipment are provided and maintained for that purpose.

(3) Respiratory protective equipment provided in pursuance of this regulation which has been worn by a person shall not be issued for use by another person unless it has first been thoroughly cleaned and disinfected.

(4) Such respiratory protective equipment shall, when not in use, be stored in reasonably dust-tight containers in a cupboard or receptacle and a separate cupboard or receptacle shall be provided for each worker to whom respiratory protective equipment has been issued.

(5) Every person employed at a mine and required to use respiratory protective equipment shall be instructed in the use and limitations of such equipment.

(6) Respiratory protective equipment shall be used only for the purpose for which it is intended, and no modifications of the equipment shall be made other than in accordance with the manner specified by the manufacturers.

(7) Such respiratory protective equipment shall, in general, only be used where adequate protection by other means is impracticable.

72. (1) Where persons are working at a designated area, the owner shall provide—

( a ) protective clothing of suitable design and material which shall consist of overalls, head coverings, where necessary, and suitable footwear and such overalls shall, where necessary, consist of suitable close fitting single piece suits in good repair,

( b ) suitable provisions for the daily or more frequent removal of dust from protective clothing provided in pursuance of this Regulation. The aforesaid provisions shall ensure that dust thereby removed does not enter or contaminate the atmosphere of any workroom, messroom, cloakroom or washroom at the mine, and

( c ) with suitable hand protection every person employed whose work exposes his hands to cuts or abrasions unless the wearing of such hand protection would expose the person to an occupational hazard.

(2) Every overall and head covering (other than industrial safety helmets) provided in pursuance of paragraph (1) of this regulation shall be maintained, renewed when necessary and shall, at suitable intervals, be washed or otherwise cleaned.

PART IV.Plant, Machinery and Buildings.

73. (1) The manager shall take all practicable steps to ensure that:

( a ) a person shall not clean, oil or grease nor be required to clean, oil or grease any machinery at a mine while it is in motion if the cleaning, oiling or greasing thereof would expose the person to risk of injury from any moving part either of that machinery or any other adjacent machinery;

( b ) belts are not put on or taken off machinery at a mine while the machinery is being driven by mechanical power, other than by means of an efficient mechanical contrivance;

( c ) efficient devices or appliances are provided and maintained in every room or other place at a mine where there is power operated machinery by which the power can promptly be cut off from the machinery;

( d ) in case a person is employed at a mine at or near power operated machinery and the person could be exposed to danger if the machinery were set in motion without warning, there is provided an efficient means (which may include a device for locking a switch) by which the person may prevent the machinery being started without his knowledge;

( e ) a person shall not at a mine use any machinery with which guards are provided without those guards being in position, nor be required to use any such machinery without the guards provided being in position; and

( f ) a person using machinery at a mine or any other person shall not make inoperative the guards provided with the machinery.

(2) In case and for so long as machinery at a mine is being installed, adjusted, repaired or maintained the requirements of subparagraphs (e) and (f) of paragraph (1) of this regulation shall not apply in relation to the machinery, and in lieu thereof a manager shall ensure that all practicable steps are taken to ensure that a person is not exposed to danger from any moving part of the machinery.

74. The manager shall take all practicable steps to ensure that:

( a ) the top of every hopper or bin at a mine shall be kept securely fenced to a minimum height of 1.07 metres (3 feet 6 inches), except in so far as the nature of the work renders such fencing impracticable;

( b ) all gantries, gangways and platforms at a mine (other than temporary wheeling planks) if dangerous on any open side, are securely fenced on every such open side and have on each such side a continuous skirting board not less than 152.4 millimetres (6 inches) in height;

( c ) the top of every shaft which for the time being is out of use or is used only as a ventilating shaft is kept securely fenced to a minimum height of 2.28 metres (7 feet 6 inches);

( d ) for every staircase in a building at a mine or affording a means of exit from such a building and for every gangway and gantry at a mine, a substantial hand-rail, together with a lower rail or other effective means of ensuring safety, is provided and maintained on each open side;

( e ) all openings in floors of such a building through which a person could fall or a working platform are kept securely fenced to a minimum height of 1.07 metres (3 feet 6 inches), except insofar as the nature of the work renders such fencing impracticable;

( f ) all floors, steps, stairs and passages in such a building or affording a means of exit from such a building, and all such gangways, gantries and platforms are both of sound construction and properly maintained; and

( g ) all fencing or other safeguards provided in pursuance of the foregoing provisions of this regulation are of substantial construction and properly maintained.

75. (1) The manager shall take all practicable steps to ensure that:

( a ) where mechanically operated winding apparatus or mechanically operated rope haulage apparatus is used for carrying persons through any shaft, staple-pit, winze or unwalkable outlet, the engine (hoist) thereof is firmly fixed and the winding engine (hoist) control compartment is completely separated by a substantial partition from any other such engine (hoist) which is or may be in use at the same time and also from any other machinery;

( b ) where such apparatus is used for carrying persons in the manner mentioned in paragraph (a) of this regulation, there is provided a suitable indicator (not being only a mark on a rope or drum thereof) showing the position of each cage or carriage in the shaft, staple-pit, winze or outlet and that such indicator is placed so as to be seen easily by the person operating the engine (hoist);

( c ) where winding apparatus or rope haulage apparatus which is not mechanically operated is installed at a shaft, staple-pit, winze or unwalkable outlet, there is provided on the drum or drum shaft thereof a locking device or brake which will hold the drum stationary when a fully loaded cage or carriage is at any point in the shaft, staple-pit, winze or outlet;

( d ) where mechanically operated winding apparatus or mechanically operated rope haulage apparatus is used for carrying persons through a shaft, staple-pit, winze or unwalkable outlet, there is provided on the drum such flanges or horns and, if the drum is conical, such other devices as will prevent the rope from slipping off;

( e ) where mechanically operated winding apparatus or mechanically operated rope haulage apparatus is ordinarily used for carrying persons through a shaft or unwalkable outlet and the speed of winding or haulage can exceed 3.66 metres (12 feet per second, there is provided an effective automatic contrivance to prevent over-winding and constructed so as to—

(i) prevent the descending cage or carriage from being landed at the lowest entrance to, or the bottom of, the shaft or unwalkable outlet at a speed exceeding 1.52 metres (5 feet) per second, and

(ii) control the movement of the ascending cage or carriage so as to prevent danger to any persons therein;

( f ) unless the automatic contrivance hereinbefore mentioned is in full and fixed engagement with the engine (hoist), it is fully engaged whenever persons are being or are about to be carried through the shaft or outlet, and there is provided an automatic indicator, in such position at the top of the shaft or outlet as to be easily seen by any person transmitting signals therefrom showing whether or not such automatic contrivance is so engaged, and an inspector may, by notice served on the manager, direct that additional automatic indicators be placed in any place in the shaft specified in the notice and in such position as to be easily seen by any person transmitting signals therefrom, and

( g ) where mechanically operated winding apparatus is ordinarily used for carrying persons through a shaft, there is provided either—

(i) appropriate gear for detaching each cage from the rope and holding it stationary in the event of the apparatus overwinding when it is ascending, or

(ii) efficient devices, including cut off switches and automatic brake appliances, which will effectively prevent the apparatus overwinding.

(2) The manager shall take all reasonable steps to ensure that where mechanically operated winding apparatus or mechanically operated rope haulage apparatus is used for carrying persons through a shaft, staple-pit, winze or unwalkable outlet, there is provided on the drum or drum shaft one or more brakes which—

( a ) in case there are two cages or carriages—will hold the drum stationary when the loads are balanced and the maximum torque is applied thereto in either direction by the engine (hoist), or

( b ) in case there is one cage or carriage—will hold the drum stationary when a fully loaded cage or carriage is half way down the shaft, staple-pit, winze or outlet and the maximum torque is applied thereto downwards by the engine (hoist),

and for the purposes of this paragraph the torque against the winding engine (hoist) at the commencement of the raising of a cage or carriage, laden with the maximum load to be carried from the bottom of the shaft, staple-pit, winze or unwalkable outlet, as may be appropriate, shall be regarded as the maximum torque.

(3) The manager of a mine shall appoint a competent person or persons whose duty it shall be to examine all winding engines (hoists) and the following related shaft equipment at the mine as follows:

( a ) at intervals not exceeding twenty-four hours, the external parts of every winding engine (hoist);

( b ) at intervals not exceeding seven days;

(i) all deflection, head and idler sheave wheels;

(ii) the attachments of the winding ropes to the drums and to the counter-weights, buckets, cages or skips;

(iii) all brakes;

(iv) all interlocks;

(v) depth indicators;

(vi) every bucket;

(vii) all counterweights;

(viii) every cage;

(ix) every skip;

(x) mechanical hoisting signalling equipment if any;

(xi) all shaft dumping and loading arrangements;

(xii) any sinking doors and blasing sets, and any attachments thereto;

(xiii) any attachments to any cage, skip or bucket for any underslung regularly-used equipment, and

(xiv) all guide or rubbing rope tensioning devices and attachments.

A report of every such examination shall be made and signed by the person making the examination and shall contain the information specified in Form No. 8 set out in the First Schedule to these Regulations together with a certificate the terms of which shall be at least as explicit as the terms of certification so specified.

(4) Where an automatic contrivance to prevent overwinding is provided in pursuance of paragraph (1) ( f ) of this regulation, the manager shall cause the operation thereof to be tested—

( a ) at intervals not exceeding seven days—by raising each cage or carriage so that it passes the point at which the contrivance should come into operation,

( b ) at intervals not exceeding three months—by attempting to land each cage when descending at speed exceeding 1.52 metres (5 feet) per second. For the purpose of this test, the automatic contrivance may be so adjusted as to control the speed of descent at a point other than the lowest entrance to, or the bottom of, the shaft or outlet.

A report of every such test shall be made and signed by the person making the test and shall contain the information specified in Form No. 9 set out in the First Schedule to these Regulations together with a certificate the terms of which shall be at least as explicit as the terms of certification so specified.

(5) The manager shall take all practicable steps to ensure that provision is made for the thorough examination of all apparatus provided for attaching to a rope, a cage or carriage ordinarily used in a shaft, staple-pit, winze or unwalkable outlet at intervals not exceeding six months, but in case overwinding has caused any of the devices provided in accordance with paragraphs (1) (g) (i) or (1) (g) (ii) of this regulation to operate, the manager shall ensure that the examination is carried out forthwith.

A report of every such examination shall be made and signed by the person making the examination and shall contain the information specified in Form No. 5 set out in the First Schedule to these Regulations together with a certificate, the terms of which shall be at least as explicit as the terms of certification so specified.

(6) The manager shall take all practicable steps to ensure that any such apparatus so used is annealed or subjected to other appropriate heat treatment at intervals not exceeding—

( a ) in case any apparatus or part thereof is made of steel of a type and used in a manner specified in the Second Schedule to these Regulations—the appropriate intervals specified in that Schedule,

( b ) in any other case—six months:

provided that an inspector may on an application made to him in that behalf, by notice served on the manager, exempt any such apparatus or part thereof from the requirements of sub-paragraph (b) of this paragraph if he is of opinion, having regard to the method of construction of such apparatus or part, or the manner in which it is used, that is unnecessary or impracticable to require that treatment in relation thereto. A report of such annealing or other heat treatment shall be made, signed by the person carrying out the annealing or other heat treatment and shall contain the information specified in Form No. 5 set out in the First Schedule to these Regulations together with a certificate the terms of which shall be at least as explicit as the terms of certification so specified.

(7) The manager shall take all practicable steps to ensure that every detaching hook so used is dismantled, cleaned and refitted at intervals not exceeding three months.

(8) Where the efficient operation of any such detaching hook would be effected by wear of any ancillary plate or bell, the manager shall take all practicable steps to ensure that provision is made for the measurement of the relevant dimensions by means of calipers or gauges at intervals not exceeding thirty days.

(9) In this regulation:

"cage" includes a bucket or skip;

"drum" and "drum shaft" includes a sheave and sheave shaft respectively.

76. (1) ( a ) A winding rope which has been in use for more than three and a half years, shall not be used in a shaft in a mine in which persons are raised or lowered;

provided that an inspector may permit the further use of a rope after three and a half years, on production of evidence satisfying him that the use of the rope may be continued without danger, and subject to such conditions as he may determine.

( b ) A winding rope which has been spliced shall not be used for winding purposes in a shaft in a mine.

( c ) The manager shall take all practicable steps to ensure that the length of the winding rope is such that there shall remain at least two rounds of rope on the drum of the winding apparatus when the cage is at the bottom of a shaft in a mine.

( d ) The manager shall take all practicable steps to ensure that

(i) a competent person appointed in writing by him makes either—

(A) once at least in every month, a thorough examination of every winding rope in use at a mine; or

(B) once at least in every three months an examination by an electro-magnetic testing device of every winding rope in use at a mine, and

(ii) where a winding rope at a mine is being examined pursuant to this regulation other than by an electro-magnetic testing device, the rope is thoroughly cleaned at places not more than 91.44 metres (300 feet) apart throughout its length and also at any other place which is a place at which the rope may be particularly liable to deteriorate, and that after such cleaning an examination is made at each of those places, both of the circumference and the surface condition of the rope, and the rope is examined for any fractures of the wires.

( e ) The manager shall ensure that a competent person, appointed by him in writing, examines once at least in every month the portion of the rope which normally remains on the drum when the conveyance is at its lowest stopping point, and lubricates such portion; and if during such examination of the rope, significant deterioration is found in the portion of rope on the drum or at the cross-over points, the rope is shortened sufficiently to eliminate any crushed portion, or to change the position of the cross-over points, if either or both are necessary.

( f ) The manager shall take all practicable steps to ensure that—

(i) a competent person appointed by him in writing makes, once at least in every month, a thorough examination of every tail rope, guide rope and rubbing rope in use at the mine, and

(ii) a report of every such examination made under this paragraph shall contain the information specified in Form No. 6 set out in the First Schedule to these Regulations, together with a certificate the terms of which shall be at least as explicit as the terms of certification so specified. In the case where a rope is examined by an electro-magnetic testing device any graphs taken and the appropriate interpretation of such graphs shall be attached to the said report form.

(2) No capping shall be used at a mine which fails to withstand—

( a ) in the case of a winding rope—a load of at least seven times the maximum static load, and

( b ) in the case of a haulage rope—a load of at least sixty per cent of the breaking strain of the rope.

(3) ( a ) No winding rope shall be used at a mine which is not accompanied by a certificate from the manufacturer giving the following information, namely, the name and address of the manufacturer, the manufacturer's rope number, the date of manufacture, the type of rope, the diameter of the rope, the weight per unit length, the number of strands, the class of core, the percentage by weight of lubricant in the core, the trade name of the interior rope lubricant, the number of wires in strands, the diameter of wires, the breaking stress of steel of which the wire is made, the standard torsion test of wires, the actual breaking load of rope, and the length of the rope.

( b ) When a rope is put on in any winding compartment in a shaft, staple pit, winze or unwalkable outlet, the particulars mentioned in subparagraph (a) of this paragraph shall be entered forthwith in a book which the manager shall keep or cause to be kept at the mine and which shall be known and is in these regulations referred to as the Rope Record Book, together with the following further particulars, namely, the name of the person from whom the rope was purchased, the date of purchase, the date on which the rope was put on, the identification number of the rope, the name of shaft or winze and compartment in which the rope is used, the weight of the shaft conveyance, the weight of material carried, the maximum length of rope in service below sheave, the static factor of safety of the rope and, in case the rope has been previously put on in a shaft compartment or hoisting way, the dates on which it was put on in or removed from previous locations.

( c ) In case an entry is made in a Rope Record Book in pursuance of this paragraph, duplicate copies of the entry shall be forwarded forthwith to the inspector.

( d ) The manager shall record or cause to be recorded in the Rope Record Book, in addition to the particulars referred to in subparagraphs (b) and (c) of this paragraph, a history of the winding rope outlining the date on which the rope first put on, the date of any shortening of the rope, the dates and results of breaking tests, any date on which the rope is taken out of service together with the reason why the rope was taken out of service, and, in case the rope is subsequently put into service, the date on which it is so put into service.

(4) In case a winding rope is taken out of service from any shaft compartment, notice of that fact shall be forwarded to the inspector, giving the date, the reasons for discarding or discontinuing the use of such rope, the manner in which the rope was disposed of together with such other information as the inspector may require.

(5) A winding rope which has been in use in any place outside the control of the owner of a mine shall not be used at the mine except with the permission in writing of the inspector. A request for permission to use such a rope shall be accompanied by a certificate issued by a competent person and certifying that the rope has been properly examined and that no apparent defects have been found.

(6) A winding rope which has been removed from service at a shaft or winze compartment shall not be put on anew for the purpose of raising or lowering men in a mine unless proper measures have been taken for the maintenance of such rope and the owner or manager has satisfied himself by appropriate testing that the rope is in suitable working condition.

(7) When any shaft compartment has been abandoned for winding purposes the winding rope shall immediately be removed from the shaft.

(8) A winding rope shall not be reversed until application has been made in writing to the inspector, standard test pieces from each end of the rope have been tested and have been passed, and approval for the reversal has been received from the inspector.

(9) ( a ) Every winding rope, when newly installed in a mine, shall have a factor of safety of not less than 8.5 at the end of the rope which is attached to the shaft conveyance and when the total weight consists of the combined weight of the conveyance and the maximum load to be carried; and in addition to the foregoing, the winding rope, when newly installed in the mine, shall have a factor of safety of not less than 5 at the point where the rope leaves the head sheave when the conveyance is at the lowest point from which it can be wound and when the total weight consists of the combined weight of the conveyance, the maximum load to be carried and the weight of the part of the rope which extends from the head sheave to the conveyance,

( b ) In the case where tail ropes are installed in a shaft at the mine, the factor of safety of a tail rope shall be not less than 7 when installed.

( c ) In the case where guide ropes are installed in a shaft or winze at the mine the factor of safety of a guide rope shall be not less than 5 when installed.

( d ) In the case where rubbing ropes are installed in a shaft or winze at the mine the factor of safety of a rubbing rope shall be not less than 5 when installed.

(10) No winding rope shall be used in any shaft or winze when in any part of such rope—

( a ) the existing strength thereof has decreased to less than ninety per centum of the original strength of the rope,

( b ) the extension of a test piece thereof has decreased to less than sixty per centum of its original extension when tested to destruction,

( c ) the number of broken wires in any section of the rope which is equal in length to one lay of the rope exceeds six, or

( d ) marked corrosion occurs.

(11) ( a ) The rope dressing used on every winding rope shall be suited to the operating conditions of the rope and such dressing shall be applied at least once in every month or at shorter intervals if this is necessary to maintain the coating on the rope in good condition.

( b ) Every time the rope is dressed a report of such treatment shall be recorded in the Rope Record Book and signed by the person who performs the work.

(12) The rope from the counterweight shall be attached to the drum of the winding engine (hoist) and not to the cage or skip.

(13) In case a winding rope is to be used for winding persons in a shaft, staple-pit, winze or unwalkable outlet, the capping of such rope shall be of a type approved for the purpose by an inspector.

(14) ( a ) Once at least in every six months the winding rope shall be re-capped.

( b ) a winding rope which has been re-capped shall not be used in any winding apparatus unless, on the last occasion on which it was re-capped, a part of the rope, including the capping, of not less than 1.83 meters (6 feet) in length was cut off; provided that if at the date of any re-capping the previous capping was done not more than five months previously the part of the rope (including capping) to be cut off need not exceed —

(i) in case the rope has been capped not more than three months previously—0.91 metres (3 feet),

(ii) in case the rope has been capped not more than four months previously—1.22 metres (4 feet),

(iii) in case the rope has been capped not more than five months previously—1.52 metres (5 feet).

( c ) Any length of rope so cut off in pursuance of this regulation shall forthwith be opened up and its internal condition examined by a competent person appointed for the purpose by the manager, and the person making the examination shall forthwith make and sign a full and accurate report of the result thereof which report shall contain the information specified in Form No. 7 set out in the First Schedule to these Regulations together with a certificate the terms of which shall be at least as explicit as the terms of certification so specified.

(15) The inspector may require that such lengths cut from any rope during capping or re-capping operations shall be sent for special testing and investigation to a Rope Testing Laboratory approved by the Minister if the inspector is of the opinion that such testing and investigation is in the interest of safety. The cost of such testing and investigation shall be borne by the owner.

(16) ( a ) Whenever a winding rope is newly put on or is subsequently cut, the connecting attachments between the bucket, cage, skip or counterweight and the rope and the connection between the drum and the rope shall be carefully examined by some competent person or persons authorised by the manager, and the rope shall not be used for the ordinary transport of persons in any shaft or winze until two complete trips up and down the working portions of such shaft or winze have been made, the bucket, cage, skip or counterweight bearing its authorised load.

( b ) The winding engineman (hoistman) shall make a record of such two complete trips in the Rope Record Book and the results of such examination of the connecting attachments between the bucket, cage, skip or counter-weight and the rope and between the drum and the rope shall be recorded and signed by the person making the examination and the record shall contain the information specified in Form No. 8 set out in the First Schedule to these Regulations together with a certificate the terms of which shall be at least as explicit as the terms of certification so specified.

(17) ( a ) The manager shall appoint a competent person who shall examine at least once per day—

(i) the exterior of a winding rope and tail rope (if any) to detect the presence of kinks or other visible damage and to note the appearance of the rope dressing, and

(ii) the safety appliances, if any, of the relevant conveyance, to make sure that they are clean and in proper adjustment and working condition.

( b ) If, on any examination required by this paragraph, there is discovered any weakness or defect whereby the safety of persons may be endangered, any such weakness or defect shall be immediately reported to the manager or person in charge, and until such weakness or defect is remedied the winding engine (hoist) shall not be used. A true report of every such examination shall be made and signed by the person making the examination and the report shall contain the information specified in Form No. 8 set out in the first Schedule to these Regulations, together with a certificate the terms of which shall be at least as explicit as the terms of certification so specified.

(18) For the purpose of this regulation the factor of safety of a winding rope in a shaft, staple-pit, winze or unwalkable outlet means the number of times by which the breaking strength of the rope at a particular point in such rope exceeds the maximum weight which the rope is permitted to support. The breaking strength of a rope means the breaking strength of the rope as shown in the certificate required by sub-paragraph (3) (a) of this regulation.

(19) The manager shall take all practicable steps to ensure that the requirements of paragraph (2) subparagraphs (a), (b) and (c) of paragraph (3) and paragraphs (4) to (16) of this regulation are complied with.

77. The manager shall take all practicable steps to ensure that—

( a ) no capping containing white metal is used in any winding or haulage apparatus at a mine unless—

(i) the melting point of the white metal is not higher than 300C (570F) and the temperature of which, when poured into the socket of the capping did not exceed 363C (685F),

(ii) in the length of rope which lies within the tapered part of such socket, any fibre core was cut out when the capping was made and the wires were then untwisted and thoroughly cleaned, and

(iii) immediately before the white metal was poured into the socket of the capping the temperature of such socket was—

(I) in the case of a capping made of steel of a type which does not require heat treatment—between 100C (212F) and 204C (400F), or

(II) in any other case—as nearly as might be to 100C (212F);

( b ) no rope with a form of capping in which the wires at the end of the rope are bent back on the rope itself to form a cone is used in any haulage apparatus by means of which persons are carried or in any winding apparatus, unless—

(i) wedges formed by lapping with soft iron wire are placed between the rope and the wires which are so bent back, and

(ii) the length of the tapered portion of the socket of the capping is not less than eight times the diameter of the rope, and

( c ) a round rope to which a capping is attached by rivets passing through the rope is used neither in any haulage apparatus by means of which persons are carried nor in any winding apparatus.

78. The manager shall take all practicable steps to ensure that—

( a ) head sheaves are of such diameter, being a diameter which is at least eighty times the diameter of the winding rope, as shall be suited to the rope in relation to which they are used and are machined properly to fit the rope,

( b ) the diameter of a head sheave used with a winding engine (hoist), other than a bi-cylindroconical drum type winding engine (hoist) is not less than the diameter of the drum of the winding engine (hoist), and

( c ) in all installations of bi-cylindroconical drum type winding engines (hoists) the diameter of the head sheave is not less than the diameter of the small cylindrical section of the corresponding drum.

79. (1) The manager shall take all practicable steps to ensure that there is entered in the Winding (Hoisting) Machinery Record Book a record of every examination or report mentioned in Regulations 75 and 76 of these Regulations together with a record of any failure of, accident to, correction or repairs to a winding engine (hoist), winding rope, a shaft conveyance or any other part of the Winding, dumping or loading equipment to which the Winding (Hoisting) Machinery Record Book relates and every such entry in the Winding (Hoisting) Machinery Record Book shall be signed by the person making the relevant examination or report.

(2) Each entry in the Winding (Hoisting) Machinery Record Book shall be read and signed not later than twenty-four hours after it is made by the person in charge of equipment or accessories to which the entry relates.

(3) An entry shall be made in the Winding (Hoisting) Machinery Record Book of every report of a failure of or accident relating to any winding engine (hoist), winding rope, shaft conveyance or any other part of the winding, dumping or loading equipment to which such book relates together with particulars of any action taken as a result of the report and the entry shall be made and signed by the person in charge of the equipment to which the entry relates.

(4) The Winding (Hoisting) Machinery Record Book shall be kept readily available to the inspector at all times.

80. (1) The manager shall take all practicable steps to ensure that every utility hoist in a mine is of good construction, sound material, adequate strength, free from patent defect and shall be properly maintained.

(2) The manager shall appoint a competent person or persons who shall examine—

( a ) every utility hoist, when newly installed and prior to use, to ensure that the working gear and all other plant and equipment used for anchoring and fixing the appliance is in safe working order, and

( b ) at least once in each month, all external parts of the utility hoist including the ropes, to ensure that the appliance can continue to be used in safety.

A report of the result of every such examination shall be made and signed by the person carrying out the examination and shall be in Form No. 10 set out in the First Schedule to these Regulations.

(3) If, on any examination required by the preceeding paragraph, there is discovered any weakness or defect whereby the safety of persons may be endangered, the utility hoist shall not be used until such weakness or defect is remedied.

(4) In this regulation "utility hoist" means a powered hoist used for, and only for, handling materials in a mine and includes a tugger hoist.

81. (1) All the working gear or other parts, whether fixed or moveable (including the anchoring and fixing appliances), of every lifting appliance used at a mine shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained.

(2) No lifting appliance shall be used at a mine unless it has been tested and thoroughly examined by a competent person within the previous fourteen months and a certificate described in paragraph (4) of this regulation has been obtained in relation to it. In the case of a pulley block, gin wheel or sheer legs to be used for loads not exceeding 1016 kilograms (1 ton), for the purposes of this regulation, the testing of such appliance shall only be necessary when the appliance is being first installed at the mine.

(3) In case a substantial alteration or repair affecting its strength or stability has been carried out on a lifting appliance, the appliance shall not be used at a mine until it has been tested and thoroughly examined by a competent person and a certificate described in paragraph (4) of this regulation has been obtained in relation to it. The requirements of this paragraph are in addition to those of the immediately preceding paragraph.

(4) The certificate mentioned in paragraphs (2) and (3) of this regulation is a certificate stating that the lifting appliance to which it relates has been tested in the manner specified in the Appendix to Forms No. 10 and 11 in the First Schedule to these Regulations, that it has been examined and that it has passed the test, and every such certificate shall be signed by the person making or responsible for carrying out the test and examination who shall specify on the certificate—

( a ) the safe working load or loads of the equipment to which the certificate relates,

( b ) in the case of a crane with a variable operating radius (including a crane with a derricking jib), the radii of the jib, trolley or crab, as the case may be, which are appropriate to the safe working load or loads specified in the certificate, and

( c ) in the case of a crane with a derricking jib, the maximum radius at which the jib may be worked.

(5) A report of the results of every test and examination required by paragraph (2) or (3) of this regulation shall be made within twenty-eight days thereafter to the manager of the mine concerned and shall be signed by the person carrying out the test and examination.

(6) Where a report of the result of a test and examination made pursuant to this regulation shows that the plant or equipment to which it relates cannot continue to be used with safety unless repairs specified in the report are carried out, the manager shall, within seven days of receiving the report pursuant to this regulation cause a copy of the report to be sent to an inspector.

(7) Every lifting appliance used at a mine and every part thereof (including all working gear and all other plant or equipment used for anchoring or fixing the appliance) shall, so far as practicable, be inspected at least once per week by its driver or by some other competent person. A report of the results of every inspection required by this paragraph shall be made forthwith to the manager and shall be signed by the person carrying out the inspection and shall be in Form No. 10 set out in the First Schedule to these Regulations.

(8) The manager shall take all practicable steps to ensure that—

( a ) a power operated lifting appliance at a mine is not operated otherwise than by a person who is either—

(i) both trained in the operation of and competent to operate the appliance, or

(ii) being trained in the operation of the appliance under the direct supervision of a person who is competent to give such training, and

( b ) all persons employed at the mine who are in control of power operated lifting appliances are appointed by him for that purpose,

and every appointment of a person to be so in control shall be in Form No. 13 set out in the First Schedule to these Regulations.

(9) No person under eighteen years of age shall be employed at a mine (except under the direct supervision of a competent person for the purpose of training) either to give signals to the operator of any lifting appliance driven by mechanical power or to operate any such appliance.

(10) All rails at a mine on which a travelling crane moves and every track at a mine on which the carriage of a transporter or runway moves shall be of proper size and adequate strength and have an even running surface, and all such rails and every such track shall be properly maintained. Where it is necessary to prevent danger, an adequate stopping device shall be provided to limit the travel of any crane, transporter or runway aforesaid.

(11) There shall be plainly marked on every lifting appliance other than an excavator or dragline at a mine the safe working load or loads thereof, but in the case of a jib crane constructed so that the safe working load may be varied by raising or lowering the jib, there shall be attached to the appliance either an automatic indicator or safe working loads or a table indicating the safe working loads by reference to either specified inclinations of the jib or specified radii of the load.

(12) In the case of an excavator or dragline adapted for use, or being used, as a temporary crane at a mine there shall be plainly marked upon the machine—

( a ) a means of identification, and

( b ) the maximum permitted load or loads and the angle and length of the jib or boom to which they relate.

(13) An excavator or dragline shall not be used as a temporary crane at a mine unless it has been tested and thoroughly examined within the previous six months by a competent person and a certificate, signed by the competent person making the test and examination, has been obtained in relation to it. The said certificate shall—

( a ) contain a description of the machine and means of identification,

( b ) specify the maximum load to be lifted by the machine, when adapted for use as a temporary crane, at different angles or lengths of the jib or boom, as may be appropriate.

(14) Every power operated lifting appliance at a mine shall be provided with—

( a ) an efficient brake, brakes or other safety device which will prevent the fall of a load when suspended, and

( b ) a means, independent of the braking system, by which the load can be effectively controlled whilst being lowered.

(15) If the Minister is not satisfied as to the competency of a person employed to make an examination or test required by this regulation, or as to the thoroughness of any particular examination or test, he may require a further examination or test of the lifting appliance to be carried out by a person nominated by him, and the owner of the mine concerned shall give the necessary facilities for such further examination or test.

82. (1) The manager of a mine shall take all practicable steps to ensure that the following provisions are complied with as respects every chain, rope or lifting gear used at the mine, namely:

( a ) the chain, rope or lifting gear shall not be so used unless it is of good construction, sound material, adequate strength and free from patent defect;

( b ) a table showing the safe working loads of every kind and size of chain, rope or lifting gear in use and, in the case of a multiple sling, the safe working load at different angles of the legs, shall be kept posted in a conspicuous place where it may be conveniently read by the persons using such chain, rope or lifting gear, and any chain, rope or lifting gear not shown in that table shall not be so used; provided that the foregoing provisions of this paragraph shall not apply in relation to lifting gear if the safe working load thereof is plainly marked upon it;

( c ) no chain, rope or lifting gear shall be so used for any load exceeding the safe working load thereof as either shown in the table aforesaid or marked upon it;

( d ) no chain, rope or lifting gear shall be so used at the mine for raising or lowering, or as a means of suspension, unless it has been thoroughly examined by a competent person at least once within the previous six months, and a report of the results of every such examination shall be made and signed by the person carrying out the examination and the report shall be kept available for inspection at the mine; provided that chains, ropes and lifting gear not in regular use at the mine need only be so examined as and when necessary;

( e ) no chain, rope or lifting gear (other than a fibre rope sling), shall be taken into use at the mine for the first time unless previously it has been tested and thoroughly examined by a competent person and a report of the results of the test and examination, made and signed by the person making the test and examination, has been obtained, and every such report shall be kept available for inspection at the mine;

( f ) every chain and every lifting gear (other than a rope sling) shall unless—

(A) either,

(i) it is made of material, or is constructed so that it cannot be subjected to heat treatment without risk of damage, or

(ii) it has been subjected to a form of heat treatment (other than annealing) approved for the purposes of this regulation by the Minister, and

(B) it is of a class or description exempted under Regulation 5 of these Regulations, be annealed at least once in every fourteen months, or, in the case of chains or slings of 12 millimetres (0.5 inches) bar or smaller material, in every six months; provided that chains and lifting gear not in regular use at the mine need be annealed only when necessary.

(2) If the Minister is not satisfied as to the competency of a person employed to make any test and examination required by this regulation, or as to the thoroughness of any particular test and examination he may require a further test and examination of the rope, chain or lifting gear, as the case may be, to be carried out by a person nominated by him and the owner of the mine concerned shall give the necessary facilities for such further test and examination.

(3) The report of every examination or test and examination required by this regulation shall be in Form No. 11 set out in the First Schedule to these Regulations.

83. (1) The manager shall take all practicable steps to ensure that every steam boiler at a mine, whether separate or one of a range shall be provided with the following, namely;

( a ) a suitable safety valve, separate from any stop valve, which shall be adjusted so as to prevent the boiler being worked at a pressure greater than the maximum permissible working pressure and fixed directly to, or as close as practicable to, the boiler,

( b ) a suitable stop-valve connecting the boiler to the steam pipe,

( c ) a steam pressure gauge accurately indicating the pressure of steam in the boiler and having marked upon it in a distinctive colour the maximum permissible working pressure which gauge shall be connected to the steam space and be easily visible to the boiler attendant,

( d ) at least one water gauge to show the water level in the boiler and made of transparent material, or if not so made, of a type approved by the Minister, and, in case the gauge is of the glass tubular type and the working pressure in the boiler normally exceeds 275.78 kilonewtons per square metre (40 pounds per square inch), the gauge is fitted with an efficient guard which does not obstruct the reading of the gauge,

( e ) a plate bearing a distinctive number which is easily visible,

( f ) a means for attaching a test pressure gauge, and

( g ) unless it is externally fired, either a suitable fusible plug or an efficient low-water alarm device.

(2) Subparagraph (b) of paragraph (1) of this regulation shall not apply with respect to economisers, and subparagraphs (c), (d) and (e) of that paragraph shall not apply with respect to economisers or superheaters.

(3) For the purposes of paragraph (1) of this regulation a lever-valve shall not be regarded as being a suitable safety valve unless the weight is secured on the lever in the correct position.

(4) A person shall neither enter nor be in a steam boiler at a mine which is one of a range of two or more steam boilers unless—

( a ) all inlets through which steam or hot water might enter the boiler from any other part of the range are disconnected from that part, or in case there is a valve or tap controlling the entry of steam or hot water through the entry, such valve or tap controlling such entry is closed and securely locked, and

( b ) where the boiler has a blow-off pipe in common with one or more other boilers or delivers into a common blow-off vessel or sump, the blow-off valves or taps on the boilers in the range are constructed so that each of them can only be opened singly by a common key which cannot be removed until the valve or tap is closed and one, and only one, such key is in use for all the blow-off valves or taps in the range.

(5) The manager shall take all practicable steps to ensure that every steam boiler at a mine—

( a ) is of good construction, sound material, adequate strength and free from patent defect, and

( b ) that all its fittings and attachments are properly maintained.

(6) The manager shall take all practicable steps to ensure that—

( a ) every such steam boiler, and attachments are examined in accordance with this paragraph by a competent person or persons at least once in every period of fourteen months and also after any extensive repairs, and

( b ) every steam boiler is prepared for such examination in accordance with the Third Schedule to these Regulations.

An examination referred to in sub-paragraph (a) of this paragraph shall consist of an examination of the boiler when it is cold and, except as regards an economiser or superheater, an examination when it is under normal steam pressure. The two parts of the examination may be carried out by different persons. The examination under steam pressure shall be made on the first occasion when steam is raised after the examination of the boiler when cold, or as soon as possible thereafter, and the person making the examination shall see that the safety valve is adjusted so as to prevent the boiler being worked at a pressure greater than the maximum permissible working pressure.

(7) A report of the result of every examination under paragraph (6) of this regulation in whichever of the forms set out in the First Schedule to these Regulations is appropriate, and containing such particulars specified in that Schedule as are appropriate, shall, as soon as practicable, and in any case within twenty-eight days of the completion of the examination, be entered in or attached to the general register, and the report shall be signed by the person or persons making the examination, and if that person is an inspector of a boiler-inspecting company or association, the report shall be countersigned by the chief engineer of the company or association or by such other responsible officer or employee of the company or association as may be authorised in writing in that behalf by such engineer.

For the purposes of this paragraph and the succeeding provisions of this regulation relating to reports of examinations, the examination of a boiler when it is cold and its examination when it is under steam pressure shall be treated as separate examinations.

(8) A steam boiler which has previously been used shall not be taken into use at any mine for the first time in that mine until it has been examined and reported on in accordance with paragraph (6) and (7) of this regulation.

(9) A new steam boiler shall not be taken into use at any mine unless there has been obtained from the manufacturer of the boiler, or from a boiler-inspecting company or association, a certificate specifying the maximum permissible working pressure thereof and stating the nature of the tests to which the boiler and fittings have been previously submitted, and the boiler is marked so as to enable it to be identified as the boiler to which the certificate relates.

(10) A report mentioned in this regulation may specify conditions for securing the safe working of a steam boiler, or amend or remove such conditions previously specified, and the boiler to which such conditions relate shall not be used except in accordance with those conditions.

(11) In case a report under this regulation specifies that the maximum permissible working pressure of the boiler to which it relates is to be reduced or that such boiler cannot continue to be used with safety unless specified repairs are carried out, the manager shall, within seven days of receiving the report send to the inspector a copy of the report.

(12) If the Minister is not satisfied as to the competency of the person employed to make an examination under this regulation or as to the thoroughness of the examination, he may require the boiler to be re-examined by a person nominated by him, and the owner shall give the necessary facilities for such re-examination.

(13) If, as a result of any re-examination under paragraph (12) of this regulation it appears that the first examination was inadequate or inaccurate in any material particular, the cost of the re-examination shall be recoverable from the owner as a simple contract debt in any court of competent jurisdiction, and in any legal proceedings the report of the re-examination purporting to be signed by the person making it shall be received as evidence of the facts stated therein without further proof unless the contrary is shown.

(14) Every certificate mentioned in paragraph (9) of this regulation shall be kept available by the manager for inspection by an inspector for so long as the boiler to which the certificate relates is in use at the mine.

(15) In this regulation and in the Third Schedule to these Regulations—

"maximum permissible working pressure" means, in the case of a new steam boiler, that specified in the certificate referred to in paragraph (9) of this regulation and, in the case of a steam boiler which has been examined in accordance with this regulation, that specified in the report of the most recent examination;

"steam boiler" means any closed vessel in which, for any purpose, steam is generated under pressure greater than atmospheric pressure, and, subject to paragraph (2) of this regulation, includes any economiser used to heat water being fed to any such vessel, and any superheater used for heating steam.

84. (1) Subject to paragraph (2) of this regulation, the manager shall take all practicable steps to ensure that every air receiver at a mine—

( a ) has the safe working pressure marked upon it so as to be plainly visible,

( b ) in the case of a receiver connected with the air compressing plant, is either constructed so as to withstand with safety the maximum pressure which can be obtained in the compressor, or is fitted with a reducing valve or other suitable appliance to prevent the safe working pressure of the receiver being exceeded,

( c ) is fitted with a suitable safety valve adjusted so as to permit the air to escape as soon as the safe working pressure is exceeded,

( d ) is fitted with an accurate pressure guage indicating the pressure in the receiver,

( e ) is fitted with a suitable appliance for draining the receiver,

( f ) is fitted with a blow-off cock through which any fluid which may have accumulated in the receiver may be blown-off,

( g ) is provided with a suitable manhole, handhole, or other means which will allow the interior of the receiver to be thoroughly cleaned, and

( h ) in a case where more than one receiver is in use at the mine, bears a distinguishing mark which shall be easily visible.

(2) The requirement of paragraph (1) (e) of this regulation shall not apply to any vessel mentioned in sub-paragraphs (c) or (d) of paragraph (11) of this regulation and the requirements of paragraph (1) (g) of this regulation shall not apply to any vessel mentioned in sub-paragraph (c) of the said paragraph (11).

(3) For the purpose of the provisions of paragraph (1) of this regulation relating to safety valves and pressure gauges, any set of two or more air receivers supplied with air through a single pipe may be treated as one receiver.

(4) In a case where a reducing valve or other suitable appliance to prevent the safe working pressure being exceeded is required to be fitted to a set of air receivers supplied with air through a single pipe, paragraph (3) of this regulation shall not apply unless the valve or appliance is fitted on the single pipe.

(5) The manager of a mine shall take all practicable steps to ensure that every air receiver and its fittings is of sound construction and properly maintained and that the blow-off cock fitted thereto is opened, while the plant is running, at least once in every working day.

(6) Every air receiver shall be thoroughly cleaned and examined at least once in every period of twenty-six months, but in the case of a receiver constructed so that the internal surface cannot be thoroughly examined—

( a ) the person making any such examination may specify in writing a period exceeding twenty-six months but not exceeding four years within which the next examination is to be made, and

( b ) a suitable hydraulic test of the receiver shall be carried out in lieu of internal examination.

(7) Every examination and test under paragraph (6) of this regulation shall be carried out by a competent person and a report of the result of every such examination and test containing the particulars specified in the Fourth Schedule to these Regulations, shall be entered in or attached to the general register.

(8) In case a report under this regulation specifies that the safe working pressure of the receiver to which it relates is to be reduced or that such receiver cannot continue to be used with safety unless specified repairs are carried out the manager shall, within seven days of receiving the report, send to the inspector a copy of the report.

(9) If the Minister is not satisfied as to the competency of the person employed to make any examination under this regulation or as to the thoroughness of the examination he may require the receiver to be re-examined by a person nominated by him, and the owner shall give the necessary facilities for such re-examination.

(10) If, as a result of any re-examination under paragraph (9) of this regulation it appears that the report of the examination was inadequate or inaccurate in any material particular, the cost of the re-examination shall be recoverable from the owner as a simple contract debt in any count of competent jurisdiction, and in any legal proceedings the report of the re-examination purporting to be signed by the person making it shall be received as evidence of the facts stated therein without further proof unless the contrary is shown.

(11) In this regulation "air receiver" means—

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

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

( c ) any vessel forming part of the equipment of a vehicle at a mine for containing compressed air and used to operate the braking system of the vehicle,

( 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, and

( e ) any vessel in which oil is stored and from which it is forced out by compressed air.

85. The Minister or an inspector may by certificate except from any of the provisions of Regulation 83 and 84 of these Regulations any class or type of steam boiler or air receiver to which he is satisfied that such provision cannot reasonably be applied and any such exception may be unqualified or may be subject to such conditions as may be contained in the certificate.

86. The manager of a mine shall appoint a competent person to examine, at regular intervals, to be determined from time to time by the manager, apparatus or machinery forming part of the equipment of the mine other than—

( a ) any winding or haulage apparatus which is periodically, but not ordinarily, used solely for carrying persons, through any shaft, staplepit or unwalkable outlet, and

( b ) any other apparatus or machinery the periodical examination of which is provided for by these or other regulations under the Act.

87. The manager shall take all practicable steps to ensure that the following requirements are complied with in relation to any machine at a mine which is driven mechanically, namely:

( a ) every set-screw, bolt or key on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger;

( b ) all flywheels, gearing, friction drives, cams, belts, pulleys, chains, pinions, worm gears and other transmission machinery liable to present danger, when in motion to any person coming into contact therewith shall be designed, or otherwise effectively guarded, so as to prevent such danger; and

( c ) every power-driven grinding wheel shall be provided with a hooded guard of sufficient strength to withstand the shock of a bursting wheel. This guard shall be adjusted close to the wheel and extended forward, over the top of the wheel, to a point at least thirty degrees beyond a vertical line drawn through the centre of the wheel.

88. (1) The manager shall take all practicable steps to ensure that every mechanically propelled vehicle which is used at the surface of a mine is provided with each of the following, namely:

( a ) an efficient braking system,

( b ) a speedometer placed and constructed so as to be readily read by the driver,

( c ) a means for giving an audible warning signal,

( d ) a suitable type of portable fire extinguisher placed on the vehicle so as to be readily accessible,

( e ) such protection as may be necessary in the particular circumstances to protect the driver of the vehicle from exposure to dust, gas or wet, and

( f ) in the case of a tractor vehicle the unladen weight of which does not exceed 7366 kilograms (7¼ tons) a safety frame of the type which is capable of satisfying the test for safety frames set out as an Optional Test (15) Safety Cabs and Frames, in the Standard Code for the Official Testing of Agricultural Tractors published by the Organisation for Economic Co-operation and development in O.E.C.D. Document C (66) 135 (Final) of 30 January, 1967, annexed to No. 79 Documentation 1966 Series in Agriculture and Food. The manager shall further ensure that the safety frame is both fitted to the tractor vehicle and maintained so as to afford the protection for which it is designed.

(2) ( a ) The requirement of paragraph (1) (b) of this regulation shall not apply to a vehicle which is incapable of exceeding a speed of 24 kilometres (15 miles) per hour.

( b ) For, and only for, the period of twelve months beginning on the day on which these Regulations come into force the requirement of the said paragraph (1) (b) shall not apply to a vehicle which was in use at a mine before that day.

( c ) For, and only for, the period of five years beginning on the 1st day of January, 1973, the requirement of paragraph (1) (f) of this regulation shall not apply to a vehicle which was in use at a mine before that day.

(3) Unless the working area is efficiently illuminated by natural or artificial means, a manager shall ensure that every mechanically propelled vehicle mentioned in paragraph (1) of this regulation shall be provided with an efficient lighting system so as to secure, so far as is reasonably practicable, the safety of all persons employed at the mine.

(4) In case there is at the surface of a mine an overhead structure or cable which could obstruct the passage of any vehicle or trailer, or any extending part thereof when extended or any load, the manager shall take all practicable steps to ensure that sufficient and suitable signs indicating the clearance beneath that structure or cable are posted and kept posted so as to be easily seen and read by the driver of any vehicle which may approach the place where such structure or cable is situated.

(5) Every person in charge of such a mechanically propelled vehicle at a mine shall before commencing to use the vehicle, ensure that the brakes and steering, and all pneumatic tyres on the vehicle are in a satisfactory condition.

(6) The manager shall take all practicable steps to ensure that every mechanically propelled vehicle mentioned in paragraph (1) of this regulation is inspected at regular intervals by a person who is trained and is efficient in the maintenance of the vehicle, and such person shall ensure that—

( a ) the braking system is effective by means of a suitable test which shall include the application of the brakes, when the vehicle is moving, by either—

(i) direct mechanical action, or

(ii) any other means provided for their application, and

( b ) the vehicle is in all other respects in proper working order.

(7) The manager shall ensure that all practicable measures are taken, by the provision of suitable screens or other effective means, to prevent persons at a mine from being injured by tyres or tubes being pneumatically inflated.

(8) In this and the next following regulation—

"mechanically propelled vehicle" means a mechanically propelled vehicle (including mechanically propelled plant) which forms part of the equipment of a mine and is not—

( a ) a vehicle intended or adapted for use on rails or on a ropeway,

( b ) a vehicle constructed or adapted for use only under the control of a pedestrian, or

( c ) a motor-cycle.

(9) In this regulation—

"articulated vehicle" means a combination of a prime mover and a semi-trailer which is attached to the prime mover by partial superimposition at a point between the front and rear axles of the prime mover;

"safety frame" means a rigid framework or safety cab designed to protect the driver of a tractor vehicle from being crushed in case the tractor vehicle overturns;

"tractor vehicle" means a mechanically propelled vehicle, other than the prime mover of an articulated vehicle, designed for the purpose of drawing trailers.

"trailer" means a vehicle drawn by a mechanically propelled vehicle and includes a semi-trailer.

89. (1) The manager shall take all practicable steps to ensure that at the surface of a mine—

( a ) all persons employed at the mine and who are in control of mechanically propelled vehicles are appointed by him for that purpose in writing, and every such appointment shall be in Form No. 13 set out in the First Schedule to these Regulations and shall state the types or classes of vehicles for which the appointment is valid;

( b ) no person who is under the age of seventeen years is permitted to be in control of any mechanically propelled vehicle; and

( c ) no person who is under the age of eighteen years is permitted to be in control of any mechanically propelled vehicle exceeding two tons in weight unladen.

(2) The manager of a mine shall take all practicable steps to ensure that no person is permitted to be in charge of a mechanically propelled vehicle mentioned in Regulation 88 (1) of these Regulations unless he has been adequately trained by a skilled person in the safe and correct use of such vehicle (or a vehicle of a similar type or class) and any associated equipment, and is certified in writing by the manager to be competent to drive the vehicle without supervision; provided it shall be permissible for a mechanically propelled vehicle to be controlled by a person, who for the purpose of receiving training, is under the supervision of a skilled driver.

90. (1) The manager shall take all practicable steps to ensure that the hydraulic and pneumatic systems of every machine, lifting appliance and vehicle used for lifting, lowering or tipping goods or materials at a mine are of good construction, sound material, adequate strength and free from any patent defect and are at all times properly maintained.

(2) The manager shall take all practicable steps to ensure that no vehicle or trailer equipped with a tipping body shall be used at a mine unless there is provided (whether as part of the equipment of the vehicle or trailer or otherwise) one or more efficient devices, being devices whose mode of operation is independent of the tipping mechanism, for keeping the tipping body from collapsing when in the raised position at any time when the vehicle is being maintained or repaired.

(3) Whenever a machine, appliance or vehicle mentioned in paragraph (1) of this regulation, is in an elevated or abnormal position, the manager shall ensure that all practicable measures are taken to ensure the stability of the machine, appliance or vehicle.

91. The manager shall ensure that all practicable measures are taken at any place at a mine where acids or other dangerous substances are produced, transported, used or stored, to ensure the safety of the persons employed in the handling or storing of the acids or substances.

PART V.Revocations.

92. The following are hereby revoked:

( a ) the Order made under section 118 of the Coal Mines Act, 1911, on the 22nd day of June, 1912;

( b ) the General Regulations made under sections 57 and 86 of the said Coal Mines Act on the 1st day of April, 1913;

( c ) the General Regulations made under sections 77 and 86 of the said Coal Mines Act on the 10th day of July, 1913, in so far as they have not already been revoked;

( d ) the General Regulations made under the said sections 57 and 86 on the 29th day of August, 1913;

( e ) the General Regulations made under the said section 86 on the 3rd day of June, 1920;

( f ) the General Regulations made under the said section 86 on the 30th day of July, 1920, in so far as they have not already been revoked; and

( g ) the Metalliferous Mines (General) Regulations, 1956 S.I. No. 273 of 1956 ), in so far as they have not already been revoked.

FIRST SCHEDULE.

FORMS.

FORM No. 1

FORM M.Q. 128

MINES (GENERAL) REGULATIONS, 1975.

FORM TO BE USED AT THE UNDERMENTIONED MINE IN MAKING MONTHLY OR OTHER REPORTS OF AIR MEASUREMENTS UNDER REGULATION 32 OF THE ABOVE REGULATIONS.

This form, or a correct copy thereof, must be kept at the Mine (or at a place approved by an inspector) and must be kept for at least 3 years after it has ceased to be used for entries therein.

REPORT OF AIR MEASUREMENTS.

Name of Seam, Vein or Lode ............................... Place of measurement ..................................................

FORM No. 2

FORM M.Q. 129

MINES (GENERAL) REGULATIONS, 1975.

FORM TO BE USED AT THE UNDERMENTIONED MINE IN RECORDING THE NUMBER OF REVOLUTIONS OF VENTILATING FAN AND WATER GAUGE PRESSURE UNDER REGULATION 34 OF THE ABOVE REGULATIONS.

This form, or a correct copy thereof, must be kept at the Mine (or at a place approved by an inspector) and must be kept for at least 3 years after it has ceased to be used for entries therein.

2–HOURLY RECORD OF NUMBER OF REVOLUTIONS OF VENTILATING FAN AND RECORD OF WATER GAUGE PRESSURE

Date ......... Speed at which Fan Machinery is required to be run ....... Initals of Manager ..........

FORM No. 3

FORM M.Q. 130

MINES (GENERAL) REGULATIONS, 1975.

FORM TO BE USED AT THE UNDERMENTIONED MINE IN MAKING WEEKLY RECORDS OF PERFORMANCE OF AUXILIARY FANS UNDERGROUND UNDER REGULATION 38 OF THE ABOVE REGULATIONS.

This form, or a correct copy thereof, must be kept at the Mine (or at a place approved by an inspector) and must be kept for at least 3 years after it has ceased to be used for entries therein.

PERFORMANCE OF AUXILIARY VENTILATING FANS INSTALLED BELOW GROUND

Weekly Measurements of Quantity of Air being delivered or exhausted at the end of the air duct, and Determinations of any Air being re-circulated.

Location of fan .................................. Type .............................. Capacity ..................................

(state if two or more fans are installed in series)

*delete words not applicable.

FORM No. 4

FORM M.Q. 120

MINES (GENERAL) REGULATIONS, 1975.

Reference No .........

Certificate of Fitness for Employment—

I certify that I have examined the following person having regard in particular to his sight, hearing and heart.

(Name in full) ............................................................ ............................................................ ...........................

whose address is ............................................................ ............................................................ ....................

Date of Birth ............................................................ ............................................................ ............................

I find such person fit for employment to the extent specified and subject to the conditions below, and to the best of my knowledge he is not subject to any infirmity, physical or mental, to such a degree as to interfere with the efficient discharge of his duties arising in relation to the employment covered by this certificate.

EXTENT OF EMPLOYMENT COVERED BY THIS CERTIFICATE

Name of owner ............................................................ ............................................................ .....

Address of owner ............................................................ ............................................................ .....

Name of mine/quarry ............................................................ ............................................................ ....

(Extent of employment in the mine/quarry. Insert either "All kinds" or specify the particular departments, processes or kinds of work to which the certificate is confined).

CONDITIONS ATTACHED TO THIS CERTIFICATE

FORM No. 5

Form M.Q. 131

MINES (GENERAL) REGULATIONS, 1975.

FORM TO BE USED AT THE UNDERMENTIONED MINE IN MAKING REPORTS OF INSPECTIONS, EXAMINATIONS OR ANNEALING OF CAGE CHAINS AND ATTCHMENTS UNDER REGULATION 75 OF THE ABOVE REGULATIONS.

This form, or a correct copy thereof, must be kept at the Mine (or at a place approved by an inspector) and must be kept for at least 3 years after it has ceased to be used for entries therein.

Report of thorough examination of cage chains and attachments.

I certify that I have this day carried out/supervised* (i) the annealing or heat treatment (ii) the thorough examination of the undermentioned cage chains and attachments and the following is a true report of the result of the examination.

Signature of Mechanical engineer/mechanic in charge .............................. Date ...............................

Signature of manager or person appointed under Section 13 of the Mines & Quarries Act, 1965,

to read these reports on his behalf ............................................... Date ..................................................

*delete words not applicable.

FORM. No. 6

FORM M.Q. 132

MINES (GENERAL) REGULATIONS, 1975.

FORM TO BE USED AT THE UNDERMENTIONED MINE IN MAKING REPORTS OF MONTHLY EXAMINATIONS OF WINDING ROPES UNDER REGULATION 76 (1) (F) OF THE ABOVE REGULATIONS.

This form or a correct copy thereof, must be kept at the Mine (or at a place approved by an Inspector) and must be kept for at least 3 years after it has ceased to be used for entries therein.

REPORT OF EXAMINATION OF SHAFT ROPES

* delete whichever is not applicable

(a) Places particularly liable to deterioration:

(b) Other places not more than 9144 metres (300 feet) apart:

At capping

† insert distance from capping

(3) Report of the result of Electro-magnetic test (Graphs and interpretations to be attached to this form).

Signature of competent person appointed to make the examination

............................................................ .............................Date......................................

Signature of mechanical engineer or mechanic in charge

............................................................ ..............................Date.....................................

Signature of manager or person appointed under Section 13 of the Mines and Quarries Act 1965 , to read these reports on his behalf:

............................................................ ............................................Date........................

FORM No. 7

FORM M.Q. 133

MINES (GENERAL) REGULATIONS, 1975.

FORM TO BE USED AT THE UNDERMENTIONED MINE IN MAKING REPORTS OF INTERNAL EXAMINATIONS OF LENGTH OF ROPE CUT OFF DURING RE-CAPPING UNDER REGULATION 76 (14) (C) OF THE ABOVE REGULATIONS.

This form, or a correct copy thereof, must be kept at the Mine (or at a place approved by an inspector) and must be kept for at least 3 years after it has ceased to be used for entries therein.

REPORT OF INTERNAL EXAMINATION OF LENGTH OF (ROPE) CUT OFF DURING RE-CAPPING

Location and identification of rope ............................................................ ..........................................

including rope Order No.          meters*

                  yards*

*delete words not applicable.

Length of rope. ............................................................ ...................... Date put on ......................................

FORM No. 8

FORM M.Q. 134

MINES (GENERAL) REGULATIONS, 1975.

FORM TO BE USED AT THE UNDERMENTIONED MINE IN MAKING DAILY REPORTS OF THOROUGH EXAMINATIONS OF EXTERNAL PARTS OF WINDING OR HAULAGE APPARATUS UNDER REGULATIONS 75 (3), 76 (16) (B) AND 76 (17) (B) OF THE ABOVE REGULATIONS.

This form, or a correct copy thereof, must be kept at the Mine (or at a place approved by an inspector) and must be kept for at least 3 years after it has ceased to be used for entries therein.

REPORT OF DAILY THOROUGH EXAMINATION OF EXTERNAL PARTS OF WINDING OR HAULAGE APPARATUS

I certify that I have this day carried out or supervised the thorough examination or the external* mechanical* electrical* parts (see note below) of the winding or haulage apparatus (including any apparatus ancillary thereto) which is in use for carrying persons through the undermentioned shaft, staple-pit or unwalkable outlet, and that the following is a full and accurate report of the result of the examination:

*Delete words not applicable. Reports of examination of mechanical apparatus should be on a separate sheet from that used for electrical apparatus

+Enter "M" if the examination has been made by a mechanic at the mine, or "E" if made by an electrician at the mine

FORM M.Q. 135

FORM No. 9

MINES (GENERAL) REGULATIONS, 1975.

FORM TO BE USED AT THE UNDERMENTIONED MINE IN MAKING REPORTS OF TESTS OF THE AUTOMATIC CONTRIVANCE TO PREVENT OVERWINDING UNDER REGULATION 75 (4) OF THE ABOVE REGULATIONS.

This form, or a correct copy thereof, must be kept at the Mine (or at a place approved by an inspector) and must be kept for at least 3 years after it has ceased to be used for entries therein.

Part I. Report of weekly tests of the automatic contrivance to prevent overwinding in the.............................. shaft*/unwalkable outlet*

I certify that I have this day carried out a test/supervised a test carried out by*

............................................................ ............................................................ .............................................

of the operation of the automatic contrivance to prevent overwinding in the shaft*/ unwalkable outlet* described above in accordance with the requirements of Regulation 75(4) and that the following is a full and accurate report of the result of the test.

the point at which the outlet reaches the surface.

Form 9.

Part II. Report of quarterly tests of the automatic contrivance to prevent overwinding in the ................................... shaft*/unwalkable outlet.

I certify that I have this day carried out a test*/supervised a test carried out by* ................................... of the operation of the automatic contrivance to prevent overwinding in theshaft*/unwalkable outlet* described above in accordance with the requirements of Regulation 75(4) and that the following is a full and accurate report of the result of the test.

equal to the weight of the maximum number of persons permitted to ride in that cage at any one time and it passed the selected point or artificial landing, being a point or

above the lowest entrance to, or the bottom of, the shaft or outlet, at a speed of

was carried out in the following manner and included a test of the brakes to determine whether they were in accordance with the requirements of Regulation 75(4).

FORM No. 10

FORM M.Q.

FORM MQ. 121

MINES AND QUARRIES ACT, 1965 .

Form to be used at the undermentioned Mine/Quarry in making reports of inspections, examinations or tests of lifting appliances.

This form, or a correct copy thereof, must be kept at the Mine/Quarry (or at a place approved by an inspector) and must be kept for at least 3 years after it has ceased to be used for entries therein.

REPORT OF INSPECTION, EXAMINATION OR TEST OF LIFTING APPLIANCE

I certify that I have inspected/examined/tested* thoroughly all parts and working gear, whether fixed or movable, including the anchoring and fixing appliances of the lifting appliance described below as to its condition and safety.

The following is a full and accurate report of the result of the inspection/ examination/test:—

(Note: Particulars should be inserted of any defect found, especially any defect affecting the safe working load, and of the steps taken to remedy such defect).

FORM M.Q. 123

FORM No. 11

MINES AND QUARRIES ACT 1975.

Form to be used at the undermentionedMine/Quarry in making reports of tests and examinations of chains, ropes and lifting gear under these Regulations.

This form, or a correct copy thereof, must be kept at the Mine/Quarry (or at a place approved by an inspector) and must be kept for at least 3 years after it has ceased to be used for entries therein.

REPORT OF TEST AND EXAMINATION OF CHAINS, ROPES AND LIFTING GEAR.

Certificate of Test and Examination of chains and lifting gear.

1. (a) Particulars

(b) Name and address of maker, supplier or repairer.

2. Certificate of test and examination of wire rope

(i) Name and address of the maker or

supplier of the rope

(ii) (a) Size of rope (state whether

diameter or circumference)*

(b) Number of strands

(c) Number of wires per strand

(d) Lay

(iii) Tensile strength of wire*

(iv) (a) Date of test of sample of the rope

(b) Load at which this sample broke

(c) Safe working load*, subject to

any stated qualifying conditions,

such as minimum pulley diameter,

direct tensile load, etc.

3. (i) Name and address of firm, company, association or person

undertaking the test and examination.

(ii) Name, position and qualification of person who

carried out the test and examination.

(iii) I certify on behalf of the firm, company, association

or person named in (i) and (ii) above that the items

described herein were tested and thereafter

examined and were found to be free from cracks,

flaws or other defects.

Signature .............................................

Date .............................................

Appendix (the form of the Appendix is set out at page 105)

Note: Parts 1 and 3 are to be used for the report of test and examination of chains and lifting gear.

Parts 2 and 3 are to be used for the certificate of test and examination of wire ropes.

* Insert appropriate values.

Appendix to

FORMS Nos. 10 and 11

Manner of Test and Examination before taking lifting appliances and gear into use.

1. Every crane and other hoisting machine with its accessory gear shall be tested with a proof load which shall exceed the safe working load as follows:

The said proof load shall be applied either—

( a ) by hoisting movable weights, or

( b ) by means of a spring or hydraulic balance or similar appliance.

This said proof load shall be hoisted and swung as far as possible, in both directions. In the case of a jib-crane, if the jib has a variable radius, it shall be tested with a proof load as defined above at the maximum and minimum radii of the jib. In the case of hydraulic cranes or hoists, where, owing to the limitation of pressure, it is impossible to hoist a load twenty-five per cent. in excess of the safe working load, it shall be sufficient to hoist the greatest possible load.

2. (1) Every article of loose gear (whether it is accessory to a machine or not) shall be tested with a proof load at least equal to that shown against the article in the following table:—

Pulley Blocks:

(2) Where the Minister is of opinion that, owing to the size, design, construction, material or use of any such loose gear or class of such gear, any of the above requirements are not necessary for the protection of persons employed, he may by certificate in writing (which he may in his discretion revoke) exempt such gear or class of gear from such requirement, subject to such conditions as may be stated in the certificate.

(3) After being tested as aforesaid, all machines with the whole of the gear accessory thereto and all loose gear shall be examined, the sheaves and the pins of the pulley blocks being removed for the purpose, to see that no part is injured or permanently deformed by the test.

(4) In the case of wire ropes, a sample shall be tested to destruction and the safe working load shall not exceed one-fifth of the breaking load of the sample tested.

FORM M.Q. 124

FORM No. 12

MINES AND QUARRIES ACT, 1965

REPORT OF EXAMINATION OF STEAM BOILERS.

The report of the result of an examination under these Regulations, of every steam boiler shall be in the form and contain the particulars indicated in—

(a) in the case of an examination of a steam boiler (other than an economiser or superheater) when cold, Part I of this Form,

(b) in the case of an examination of an economiser when cold, Part II of this Form,

(c) in the case of an examination of a superheater when cold, Part III of this Form, and

( d ) in the case of an examination of a steam boiler (including an economiser and superheater) when under normal steam pressure, Part IV of this Form.

PART 1.

Report of Examination of Steam Boiler (other than an Economiser or Superheater) when cold.