# Borehole Sites and Operations Regulations (Northern Ireland) 1995, Note: Explanatory note


(This note is not part of the Regulations.)
1 These Regulations contain requirements in relation to borehole operations carried on at borehole sites for the purposes of health and safety.
2 The Regulations give effect (or, in the case of the provisions listed at sub-paragraph (c) below, give effect in part) onshore to the following provisions of Council Directive No. 92/91/EEC (O.J. 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 to the Directive, 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 Department of Economic Development (“the Department”) before or, as the case may be, after the commencement of certain specified activities; for the retention by the Department of plans and other documents; and for the granting by the Department 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 the document 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 consisting of a contravention of the Regulations or a contravention of any requirement or prohibition imposed thereunder.
12 A person who contravenes the Regulations or any requirement or prohibition imposed thereunder, is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable, on summary conviction, to a fine not exceeding the statutory maximum (currently £5,000) or, on conviction on indictment, to a fine.

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Source: https://www.legislation.gov.uk/nisr/1995/491/note (the official version)
Page: https://openlegislation.uk/borehole-sites-and-operations-regulations-northern-ireland-1995/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.