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PART 2HEALTH AND SAFETY MANAGEMENT

Health and safety document

9.—(1) The mine operator shall ensure that no work is carried out at the mine unless a document (in these Regulations referred to as the “health and safety document”) has been prepared which—

(a)demonstrates that the risks to which persons at the mine are exposed have been assessed in accordance with regulation 3 of the Management Regulations(1);

(b)demonstrates that adequate measures, including measures concerning the design, use and maintenance, including (where appropriate) testing, of the mine and of its equipment, have been and will continue to be taken to safeguard the health and safety of persons at the mine;

(c)includes a statement of how the measures referred to in sub-paragraph (b) will be co-ordinated; and

(d)records the following information–

(i)rules required by regulation 12; and

(ii)the conclusions of any appraisal or assessment of a tip undertaken in accordance with regulation 61 or 62 (as applicable).

(2) In addition to the matters referred to in paragraph (1), the health and safety document shall, where appropriate, include—

(a)a plan detailing the equipment and measures required to protect persons at work at the mine from the risk of explosion;

(b)where toxic gases are or may be present in the atmosphere at the mine in such concentration that the atmosphere may be harmful to the health and safety of persons at work, a plan detailing the equipment and measures required to protect persons at work at the mine from the harmful atmosphere; and

(c)in respect of any zone below ground where rockbursts or gas outbursts may occur, a description, including an operating plan, setting out as far as possible the zones susceptible to such rockbursts or gas outbursts and the measures necessary for the protection of persons at work in, approaching or passing through such zones.

(3) In relation to the escape and rescue plan required by regulation 54, the health and safety document shall identify those with responsibility for the preparation and execution of the plan and the places where the plan and copies of it are kept.

(4) The mine operator shall ensure that the health and safety document is—

(a)reviewed from time to time and kept up to date; and

(b)made available to each employer of persons at work at the mine and to all persons at work at the mine.

(5) The mine operator shall ensure that the measures identified in the health and safety document are taken and any plans included in the document are followed.

(1)

Regulation 3 was amended by S.R. 2001 No.348