The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013

Mines, quarries and offshore site disturbance

13.—(1) Where there is a reportable incident under regulation 4, 5 or 6 at a mine, quarry or offshore workplace, or where there is a dangerous occurrence at a mine or quarry, then the place where it happened must not be disturbed, or anything at that place tampered with before—

(a) the expiration of three clear days after the matter has been notified in accordance with these Regulations; or

(b) the place has been visited by an inspector and, in the case of a mine or quarry, by workmen’s inspectors, if that is sooner.

(2) Nothing in this regulation prohibits any person doing anything by or with the consent of an inspector, or which was necessary—

(a) in the case of a mine or quarry, to secure the safety of the mine or quarry, or of any person; or

(b) in the case of an offshore workplace, to secure the safety or integrity of the workplace or of any person, plant, vessel or well.

(3) In relation to a mine or quarry, this regulation does not apply if an appropriate person—

(a) has taken adequate steps to ascertain that disturbing the site—

(i) is unlikely to prejudice any investigation by an inspector into the circumstances of the reportable incident; and

(ii) is necessary to secure the safety of any person at the mine or quarry or to avoid disrupting the normal working of the mine or quarry;

(b) has notified any nominated person, or any person designated in writing by a nominated person to receive any such notification, of the proposed disturbance, and gives such a person a reasonable opportunity to visit the site before it is disturbed (except in the case of a non-fatal accident or dangerous occurrence where any nominated person or person designated by them cannot be contacted within a reasonable time);

(c) has taken adequate steps to ensure that such information is obtained as will enable the preparation, without delay, of a full and accurate plan showing the position of any equipment or item relevant to the reportable incident immediately after it happened;

(d) ensures that that plan is signed by the person who prepared it and bears the date on which it was prepared, and that a copy of that plan is supplied on request to any nominated person or any inspector; and

(e) ensures that any equipment or item relevant to the reportable incident is kept as it was immediately after the incident, until an inspector agrees that it may be disposed of.

(4) In paragraph (3), “appropriate person” means the responsible person or—

(a) in the case of a coal mine, a person appointed in the management structure of that mine established pursuant to regulation 10(1) of the Management and Administration of Safety and Health at Mines Regulations 1993(1); or

(b) in the case of a quarry, a person appointed in the management structure of that quarry established pursuant to regulation 8(1) of the 1999 Regulations.

(1)

S.I. 1993/1897.