Explanatory note
(This note is not part of the Regulations)
These Regulations give effect (to the extent specified below), in relation to quarries and mines above ground, to—
Council Directive 92/104/EEC concerning the minimum requirements for improving the safety and health protection for workers in surface and underground mineral-extracting industries (“the Extractive Industries (Mines and Quarries) Directive”);
Council Directive 92/91/EEC concerning the minimum requirements for improving the safety and health protection of workers in the mineral-extracting industries through drilling (“the Extractive Industries (Boreholes) Directive”). The Regulations also contain other provisions.
The Regulations implement the Extractive Industries (Mines and Quarries) Directive with respect to—
safety instructions (Article 3.1(d)), safety drills, (Article 3.1(f)) the drawing up of a “health and safety document” and the carrying out of work in accordance with it (Article 3.2 and Point 1 of Part B) and the co-ordination of health and safety measures (second paragraph of Article 3.3);
escape and rescue facilities (Article 5) and communication, warning and alarm systems (Article 6);
health surveillance (Article 8);
the following matters in Part A of the Annex to the Directive:
written instructions (Point 1.6) and work permits (Point 1.8);
smoking and the use of open flame (Point 4.1.2), the protection from explosion risks (Point 4.2), protection plans where toxic gases are present in the atmosphere (Point 4.3.3), fire protection plans (Point 4.4.4), and fire-equipment signs (Point 4.4.5);
traffic routes (Point 6, in part, outdoor workstations (paragraphs (a), (c) and (d) of Point 7.3) and indication of danger areas (Point 8.1, in part);
means of evacuation and escape (Point 10) and safety drills (Point 11);
natural and artificial lighting (Point 13), sanitary installations (Point 14, in part) and ancillary surface installations (Point 16 with the exception of paragraph 16.1);
pregnant women and nursing mothers (Point 17);
benches and haul roads (Point 2.2, Part B of the Annex).
The Regulations implement the Extractive Industries (Boreholes) Directive with respect to the following matters in the Annex to the Directive—
organisation of the workplace, mechanical and electrical equipment and plant and maintenance (Points 2.1, 3.2 and 4 of Part A, in part);
ventilation of enclosed workplace and room temperature (Points 8 and 9 of Part A);
floors, walls, ceilings and roofs of rooms, natural and artificial lighting (Points 10 and 11 of Part A, in part);
windows and skylights (Point 12 of Part A);
doors and gates (Point 13 of Part A, with the exception of 13.7, in part);
traffic routes (Point 14 of Part A and Point 9 of Part B);
danger areas (Point 15 of Part A, in part);
room dimensions etc. and rest rooms (Points 16 and 17 of Part A);
outdoor workplaces (Point 18 of Part A, with the exception of 18.3(b));
pregnant women and nursing mothers (Point 19 of Part A);
sanitary equipment (Point 7 of Part B).
Regulation 4 requires the owner of every quarry to ensure that no work is carried out at the quarry unless a health and safety document has been prepared which demonstrates that the risks to which persons at work at the quarry are exposed have been assessed and that adequate measures have and will be taken to safeguard their health and safety. The Regulations also provide that, where appropriate, specified plans should be included in the document. The owner is required to ensure that the measures set out in the document are taken and that any plans included in that document are followed.
Regulation 5 provides that the owner shall co-ordinate the implementation of all measures relating to the health and safety of the persons at work at the quarry.
Regulation 6 provides that every employer of persons at work at a quarry shall co-operate with the owner to the extent requisite to enable the owner to comply with the relevant statutory provisions.
Regulation 7 requires the owner of every quarry of coal, within three months of the date on which the quarry was last worked, to give notice to the Health and Safety Executive of that fact.
Regulation 8 requires the owner of every quarry to ensure that adequate means of esacpe and rescue are provided and maintained and that adequate means of communication and warning are provided to enable assistance, escape and rescue operations to be launched.
Regulation 9 provides that every employer of persons at work at a quarry and every owner of a quarry shall ensure that the additional health and safety requirements set out in Parts I and II of Schedule 2 respectively, are, as appropriate having regard to specified matters, complied with.
Regulation 10 requires an employer of a person engaged in work at a quarry to ensure that that person is provided with such health surveillance as is appropriate.
Regulation 11 provides for the modifications of the Workplace (Health and Safety and Welfare) Regulations 1992 set out in Schedule 3. It extends the scope of those regulations to quarries and mines above ground.
Regulation 12 provides that section 157 of the Mines and Quarries Act 1954 (which provides a defence in legal proceedings in certain circumstances), shall not apply to prosecutions or other proceedings based on an alleged contravention of the Regulations.