The Mines (Safety of Exit) Regulations 1988

UK Statutory Instrument 1988 No. 1729 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 5 October 1988
In force from: 1 April 1989
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries
Made under: Schedule 3 to, the Health and Safety at Work etc. Act 1974

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

The Regulations apply below ground to mines (regulation 2), and provide for safe ways of leaving a mine. Regulation 3 provides for two separate exits from the mine to the surface. It imposes duties on the manager in respect of exits available for use, and requires a scheme and precautions to apply where only one exit is available due to accident, dangerous occurrence or breakdown. This regulation also requires the manager to restrict the number of persons below ground where only one exit is available due to maintenance which is planned. Regulation 4 imposes duties on the owner of the mine when apparatus and equipment used by persons to leave the mine is unavailable or breaks down and provides for auxiliary apparatus and equipment. It requires the manager to make rules for the use of auxiliary apparatus and equipment. Regulation 5 provides for a road, ladderway or stairway between landings at shafts or outlets used as exits. Regulation 6 imposes duties on the manager in relation to the construction and maintenance of certain roads which persons walk along and ladder-ways and stairways. With the exceptions provided for by paragraph (4), regulation 7 requires the manager to ensure that workplaces have two different ways out, that the ways out are marked and that a scheme familiarizes persons with two ways out. Where more than nine but not more than eighteen persons work at a heading without two separate ways out, paragraph (5) requires the manager to give certain notices and make rules for safe working in and exit from the heading. Regulation 8 requires the provision of barriers and enclosures to prevent persons inadvertently entering an unsafe part of the mine. It imposes duties on the manager and other persons in relation to those barriers and enclosures. Where more than 50 employees are below ground (apart from shift changes) regulation 9 requires the manager to ensure either that there are two separate intake airways connected so as to prevent fire in one affecting the other so far as is reasonably practicable, or one fire resistant intake airway. Regulation 10 allows the Health and Safety Executive to exempt a mine, part of a mine or a class of mines from the Regulations. Regulation 11 disapplies section 157 of the Mines and Quarries Act 1954 (defence in certain legal proceedings). Regulation 12 repeals certain provisions of the Mines and Quarries Act 1954 namely, sections 22 to 25 (shafts and outlets in coal etc. mines) and sections 33 to 35 (unfit parts of a mine, construction, maintenance, etc. of roads); section 70 (fire precautions for single intake airways) is repealed with effect from 1st April 1994. The Coal and Other Mines (Height of Travelling Roads) Regulations 1956 and parts of the Mines (Emergency Egress) Regulations 1973 are revoked. Provision is also made for references to the Mines and Quarries Act 1954, the Mines and Quarries (Tips) Act 1969 and the Mines Management Act 1971, in those Acts, in regulations made under those Acts and in health and safety regulations to include a reference to these Regulations. The Schedule sets out provisions modified by these Regulations.

Offences created by this instrument

Contravention of The Mines (Safety of Exit) Regulations 1988 the instrument as a whole · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Mines (Safety) Commons · Commons Chamber · 25 April 1989 · Mr. Strang
I do not have time to give way, and in any case I will probably answer the question that the hon. Gentleman would have asked when I say that I accept that those figures must be set against the decline in manpower and the reduction in the number of pits. But most disturbing about the recent accident figures is the extent to which they are higher among private contractors working in British Coal collieries compared with direct employees of British Coal and, further, the extent to which accident rates among employees in the private licensed mines are higher still. For those reasons it is…
Mines (Safety) Commons · Commons Chamber · 25 April 1989 · Mr. Gavin Strang (Edinburgh, East)
I beg to move, That the Mines (Safety of Exit) Regulations 1988 (S.I., 1988, No. 1729), dated 5th October 1988, a copy of which was laid before this House on 29th November 1988, be revoked. The House is well aware of the importance of mining safety regulations as compliance with them can sometimes mean the difference between life and death. They apply to one of our most dangerous industries, which is also one of the largest and most important industries in Britain. The Minister will recall that during a recent debate on mine safety in the Standing Committee considering the Employment Bill I…
Mines (Safety) Commons · Commons Chamber · 25 April 1989 · Mr. Bob Cryer (Bradford, South)
On a point of order, Mr. Speaker. The House is about to discuss the Mines (Safety of Exit) Regulations 1988. The Health and Safety Commission is due to introduce a code of practice which sets out the regulations we are about to discuss together with guidance notes. I have been to the Vote Office and it appears that the code of practice and the guidance notes are not available to the House. The code of practice should be available to the House so that it can be discussed in conjunction with the regulations. The Leader of the House will confirm that the Joint Committee on Statutory Instruments…

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