# The Borehole Sites and Operations Regulations 1995, Note: Explanatory note

Extent: E+W+S

(This note is not part of the Regulations)
1 These Regulations contain requirements in relation to borehole operations carried on at borehole sites in Great Britain, for purposes of health and safety.
2 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:
(a) Articles 3.1(a) and (b), 3.2, 6 and 8;
(b) 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
(c) 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.
3 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.
4 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.
5 Regulation 5 requires employers of persons at work at a borehole site to co-operate with the operator.
6 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.
7 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.
8 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.
9 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.
10 Regulation 10 requires employers to provide health surveillance.
11 Regulation 11 provides for a special defence to an offence under the Regulations.

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Source: https://www.legislation.gov.uk/uksi/1995/2038/note (the official version)
Page: https://openlegislation.uk/borehole-sites-and-operations-regulations-1995/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.