The Mines Regulations (Northern Ireland) 2016

Management structure

10.—(1) With a view to securing the health and safety of persons at work at the mine, the mine operator shall—

(a) establish a management structure which enables the mine to be operated in accordance with the relevant statutory provisions;

(b) make a record of the management structure and the extent of the authority and duties of persons in that structure;

(c) appoint a competent individual to be responsible for the overall management of the mine, provided that where the mine operator is an individual and is competent, the mine operator may discharge the functions of that competent individual;

(d) ensure that when, for whatever reason, the individual appointed in accordance with sub-paragraph (c) is not readily available, a competent individual is nominated as a substitute to hold the authority and perform the duties of the first named individual;

(e) ensure that a competent individual is present at and in charge of the operation of the mine at all times when persons are working at the mine; and

(f) ensure that sufficient competent individuals are appointed to the management structure to manage the mine safely.

(2) Without prejudice to the generality of paragraph (1), the management structure shall be established to provide in particular that all persons working in the mine come under the authority of a competent person in the management structure who has a duty to exercise such supervision as is appropriate to ensure the health and safety of those persons and of all others who may be affected by their activities.

(3) The mine operator shall ensure that the management structure is reviewed regularly and revised where necessary and in particular if the mine undergoes significant changes, extensions or conversions.

(4) The mine operator shall ensure that each person who forms part of the management structure is provided with a copy of those parts of the health and safety document which describe that person’s authority and duties.

(5) The reference to a competent individual in charge in paragraph (1)(e) is a reference to that individual in charge subject to the overall control exercised by the mine operator.