S.I. No. 9/2013 - Safety, Health and Welfare at Work (Quarries) (Amendment) Regulations 2013.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th January, 2013.

I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by section 58 of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) (as adapted by the Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 245 of 2011 )) and after consultation with the Health and Safety Authority hereby make the following regulations:

1. These Regulations may be cited as the Safety, Health and Welfare at Work (Quarries) (Amendment) Regulations 2013.

2. The Safety, Health and Welfare at Work (Quarries) Regulations 2008 ( S.I. No. 28 of 2008 ) and these Regulations may be cited together as the Safety, Health and Welfare at Work (Quarries) Regulations 2008 and 2013.

3. The Safety, Health and Welfare at Work (Quarries) Regulations 2008 are amended:—

(a) in Regulation 23(2) by substituting the following subparagraph for subparagraph (e):

“(e) are provided, in the case of the earth-moving machinery and materials-handling machinery specified in Schedule 2, with appropriate devices which, where the visibility of the operator is restricted, remedy the hazards arising from inadequate direct vision.”.

(b) by substituting the following for Schedule 2:

Regulation 23

“Schedule 2

Machinery subject to Regulation 23(2)(e)

Machine Type

Off-road dump trucks (trailer to rear of driver), payload greater than 7 Tonnes

Dumpers (front tip) no cab

Dumpers (front tip) with cab

Wheel loaders (loading shovels), including skid steer loaders

Backhoe loaders

All 360° excavators

Scrapers

All tracked type tractors (bulldozers)

Graders

Telescopic handlers

”.

/images/ls

GIVEN under my Official Seal,

15 January 2013.

RICHARD BRUTON,

Minister for Jobs, Enterprise and Innovation.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these Regulations is to amend the Safety, Health and Welfare at Work (Quarries) Regulations 2008 ( S.I. No. 28 of 2008 ) by substituting revised provisions for Regulations 23(2)(e) and amending Schedule 2.

The revision of Regulation 23(2)(e) of the 2008 and the amendment of Schedule 2 is intended to ensure that, all transport vehicles, earth moving machinery, materials-handling machinery and locomotives used in quarries have, in circumstances where the operators visibility is restricted, appropriate auxiliary devices that comply with the provisions of any relevant enactment, implementing any relevant Directive, installed to improve visibility.