Explanatory note
England, Wales and Scotland
(This note is not part of the Regulations)
These Regulations contain requirements in relation to borehole operations carried on at borehole sites in Great Britain, for purposes of health and safety.
The Regulations give effect on-shore (or, in the case of sub-paragraph (c) below, give effect in part) to the following provisions of Council Directive 92/91/EEC (OJ No. L348, 28.11.92, p.9), concerning the minimum requirements for improving the safety and health protection of workers in the mineral-extracting industries through drilling:
Articles 3.1(a) and (b), 3.2, 6 and 8;
In Part A of the Annex, section 1, points 2.2 to 2.4 and 2.8, section 5, and points 6.2.3 and 6.3; and in Part B of the Annex points 1.1 to 1.4, and sections 2 to 6; and
Articles 3.3, 4, 5 and 10; and, in Part A of the Annex, points 2.6, 4.1 and 6.1.
The Regulations, by regulation 6, also make other provision.
Duties under the Regulations fall variously on the “owner” or “operator” of a “borehole site” or on employers; expressions are defined in regulation 2; and, by regulation 3, the Regulations apply to self-employed persons as they apply to employers.
Regulation 4 requires an owner to furnish an operator with necessary information; requires an operator to exercise control of a borehole site and to co-ordinate measures to comply with requirements and prohibitions under the relevant statutory provisions; and imposes on an operator also a duty imposed by the Regulations on an employer.
Regulation 5 requires employers of persons at work at a borehole site to co-operate with the operator.
Regulation 6 provides for particulars specified in Schedule 1 to be notified to the Health and Safety Executive (“the Executive”) before or, as the case may be, after the commencement of certain specified activities; for the retention by the Executive of plans and other documents; and for the granting by the Executive of exemptions from requirements of this regulation.
Regulation 7 prohibits the commencement of a borehole operation unless the operator ensures that a “health and safety document” has been prepared; specifies the matters which the document must contain; requires that the operator ensure that it be kept up to date; and requires employers to have regard to it.
Regulation 8 requires the operator to ensure that workplaces on a borehole site are designed and built to a certain standard; and that there are adequate means of escape, and for communication and warning when escape or rescue is necessary.
Regulation 9 places duties on employers of persons at work on a borehole site to ensure that the provisions in Schedule 2 are complied with.
Regulation 10 requires employers to provide health surveillance.
Regulation 11 provides for a special defence to an offence under the Regulations.