UK Offence Report

The Management and Administration of Safety and Health at Mines Regulations 1993

UK Statutory Instrument 1993 No. 1897 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
28 July 1993
In force from
1 October 1993
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.

These Regulations impose a series of requirements and prohibitions relating to the management and administration of safety and health at mines and supersede certain of the provisions formerly imposed by or under the Mines and Quarries Act 1954. In addition to defining the terms used and the scope of the Regulations which apply to all mines, duties are imposed on employers of all employees at work at the mine and on those employees. The regulations in this Part impose general duties on the owner of the mine including a duty to ensure that the mine is managed and worked in accordance with the relevant statutory provisions and that adequate financial and other provisions are made to achieve this. Notification to the Executive is required if working at a mine is commenced or certain events specified in the Regulations occur. The regulations in this Part impose a duty on the owner to appoint a suitably qualified and competent person to be the manager of the mine and specify his authority and duties. They also require the establishment of a suitable management structure for the mine with a view to ensuring that the mine is worked safely and that all persons at work below ground at the mine are under thorough supervision at all times. The regulations in this part also provide for the safe installation and systematic inspection and maintenance of plant and equipment and for adequate inspection of all parts of the mine, in each case, by suitably qualified and competent persons. The regulations in this Part provide for the approval of qualifications and for the issue of certificates of qualification. They also provide for review by the Executive of a refusal to issue a certificate of qualification. The regulations in this Part require persons at work at a mine to have received adequate training and for the appointment of by a suitably qualified and competent person to organise training at the mine in accordance with a suitable scheme. The regulations in this Part require the appointment of a suitably qualified and competent person to be the surveyor for the mine and require him to ensure that suitable accurate plans and sections of the mine are prepared and maintained. The regulations also provide that in the case of a mine which is abandoned the relevant plans etc. are sent to the Executive, the regulations make provision in relation to faulty plans. The regulations in this Part require details of certain appointments at the mine to be sent to the Executive and for the retention of reports and records relating to the mine. They also specify the information that is to be made available to persons at work at the mine in the covered accommodation that is required to be provided. Certain other information is required to be displayed at the mine in the form of notices. The regulations in this Part provide for the Executive to issue under certain circumstances exemptions from the requirements of the Regulations and disapply section 157 of the Mines and Quarries Act 1954 (which provides a defence in legal proceedings and prosecutions in certain circumstances) in relation to the Regulations. With certain exceptions the provisions of the Factories Act 1961 are disapplied in relation to premises forming part of a mine. The regulations in this Part repeal certain provisions of the Mines and Quarries Act 1954 and provide that certain other provisions of that Act shall not apply to mines. The Mines Management Act 1971 is also repealed. The regulations revoke and modify certain instruments made or having effect as if made under that Act and certain other health and safety regulations. The Regulations also require that records and registers required to be kept under provisions repealed and revoked by these Regulations shall continue to be kept as if those provisions had not been repealed and revoked.

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