# Quarries Regulations (Northern Ireland) 2006, Note: Explanatory note

Extent: N.I.

(This note is not part of the Regulations)
1 These Regulations impose requirements with respect to health and safety in quarries, as defined at regulation 3, and supersede certain provisions formerly imposed by or under the Quarries (Northern Ireland) Order 1983, the Mines and Quarries (Tips and Tipping Plans) Regulations (Northern Ireland) 1995 and in certain other health and safety regulations.
2 The Regulations give effect in relation to quarries to Council Directive 92/104/EEC (O.J. No. L 404, 31.12.92, p. 10) concerning minimum requirements for improving the health and safety protection of workers in surface and underground mineral extracting industries with respect to—
(a) Articles 3.1(a), (b), (c), (d), and (f), 3.2 and 3.3, 4 (except in relation to general fire precautions), 5 to 7 and 8.2;
(b) in Part A of the Annex, Points 1.1.3, 1.2 to 1.6, 1.8, 1.9, 3.1, 4.1 to 4.3, Section 5, Point 6.6, Section 8, Point 9.1, Sections 10 and 11, Point 13.4, Section 15, and Point 16.1;
(c) in Part B of the Annex, Sections 1 and 2.
3 The Regulations apply to all quarries where persons work and impose duties on the operator (as defined at regulation 2(1)) with respect to persons at or in the area immediately surrounding the quarry (regulation 7(1)).
4 A duty to ensure the suitability of the operator and to keep specified records is placed on the person entitled to work a quarry (regulation 5).
5 The Regulations—
(a) impose a duty on the operator to take the measures necessary to ensure, so far as is reasonably practicable, that the quarry can be worked without risks to health and safety (regulation 6);
(b) impose duties on the operator with respect to preparing a health and safety document and establishing a management structure (regulations 7 and 8);
(c) require the operator to ensure that workers are competent (as defined at regulation 2(1)), that rules designed to secure health and safety are in place and to review health and safety measures on a regular basis (regulations 9, 10 and 11);
(d) in Part III, which relates to risk control, require the operator to—
(i) prepare a written scheme for the systematic inspection of the quarry, buildings and plant (regulation 12),
(ii) ensure, so far as is reasonably practicable, the safety of benches and haul roads and to make vehicles rules (regulations 13 and 14),
(iii) ensure that there are adequate escape and rescue facilities and, where appropriate, place a barrier around the quarry (regulations 15 and 16);
(e) in Part IV, require the operator to—
(i) ensure a permit to work system is in place and that regular safety drills are held (regulations 18 and 19),
(ii) control the risk of explosions or fires and harmful or explosive atmospheres (regulations 20 and 21),
(iii) take specified safety measures regarding danger areas and ensure that adequate emergency lighting is provided (regulations 22 and 23);
(f) in Part V, which relates to excavations and tips (both as defined at regulation 2(1)), require the operator to—
(i) ensure that excavations and tips are designed, constructed, operated and maintained so as to ensure health and safety and that excavations and tips rules are made (regulations 24 and 25),
(ii) ensure that all proposed or existing excavations or tips are appraised by a competent person and, where required by regulation 26, subjected to a geotechnical assessment as defined at regulation 27; that specified records are made and that remedial work is undertaken (regulations 26 and 27),
(iii) ensure that excavations and tips are subject to further geotechnical assessments at specified intervals and in specified circumstances (regulations 28 and 29),
(iv) ensure that records of substances tipped at notifiable tips (as defined at regulation 28) are kept and give notice to the Health and Safety Executive for Northern Ireland (“the Executive”) with respect to specified tips and excavations (regulations 30 and 31);
(g) contain a transitional provision (regulation 32);
(h) in Part VI—
(i) require employers of persons at work at the quarry to co-operate with the operator with respect to health and safety and require the operator to make arrangements to facilitate co-operation with persons at work at the quarry in promoting health and safety, including the appointment of a committee with powers of inspection (regulations 33 and 34),
(ii) prohibit employers from employing persons to work at the quarry unless there is an operator; impose duties on employers with respect to the relevant statutory provisions and health surveillance and impose duties on persons at work at the quarry (regulations 35, 36 and 37);
(i) in Parts VII and VIII—
(i) impose duties on the operator with respect to record keeping and notification (regulations 38 and 39),
(ii) provide that the Executive may grant exemptions from any requirement or prohibition of the Regulations in specified circumstances (regulation 40),
(iii) repeal most provisions of the Quarries (Northern Ireland) Order 1983 (regulation 41), and
(iv) revoke and modify specified statutory provisions (regulation 42).
6 In Great Britain, the corresponding Regulations are the Quarries Regulations 1999 (S.I. 1999/2024). Those Regulations also apply to explosives at quarries, which are the subject of separate Northern Ireland Regulations. Copies of the cost benefit assessment relating to the Quarries Regulations 1999 together with a Northern Ireland Supplement prepared by the Department of Enterprise, Trade and Investment are held at the offices of the Health and Safety Executive for Northern Ireland at 83 Ladas Drive, Belfast BT6 9FR from where copies may be obtained on request.
7 A person who contravenes these 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/2006/205/note (the official version)
Page: https://openlegislation.uk/quarries-regulations-northern-ireland-2006/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.