Mines (Substances Hazardous to Health) Regulations (Northern Ireland) 1998

Explanatory Note

(This note is not part of the Regulations.)

These Regulations make provision with regard to substances hazardous to health at mines. They implement as respects Northern Ireland and below ground at mines Council Directive 90/394/EEC (O.J. No. L196, 26.7.90, p.1) on the protection of workers from the risks related to exposure to carcinogens at work and Council Directive 90/679/EEC (O.J. No. L374, 31.12.90, p.1) on the protection of workers from risks related to exposure to biological agents at work.

Regulation 2 extends the application of the Control of Substances Hazardous to Health Regulations (Northern Ireland) 1995 (“the COSHH Regulations”) to below ground mines.

In consequence regulation 3 amends section 74 of the Mines Act (Northern Ireland) 1969 to provide that the general duties therein in respect of injurious dust (as opposed to inflammable dust) at mines no longer apply. Such duties in relation to injurious dust are now controlled by the COSHH Regulations.

In Great Britain, the corresponding Regulations are the Mines (Substances Hazardous to Health) Regulations 1996 and the Coal Mines (Respirable Dust) Regulations 1978 as amended. The Health and Safety Executive has prepared a cost benefit assessment in relation to the Mines (Substances Hazardous to Health) Regulations 1996 and a copy of that assessment, together with the Northern Ireland Supplement prepared by the Department, is held at 83 Ladas Drive, Belfast, BT6 9FJ, from where copies may be obtained on request.

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.