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

Instructions given to the manager by the owner

16.—(1) Any instructions given by or on behalf of the owner to the manager of a mine which relate to the duties of the manager under the relevant statutory provisions shall be confirmed in writing by the owner if the manager so requests.

(2) Where the manager is of the opinion that instructions given to him by or on behalf of the owner are, or are likely to be, prejudicial to his duties under the relevant statutory provisions or to the health or safety of persons employed at the mine, he may refuse to carry out such instructions unless they have been confirmed in writing by a person who is suitably qualified and competent to be the manager of the mine concerned and who is duly authorised by the owner.

(3) No instruction which relates, or is likely to relate, to the responsibilities of the manager under the relevant statutory provisions shall be given by or on behalf of the owner to any person at work at the mine (other than the manager) except–

(a) by, or with the consent of, the manager; or

(b) in an emergency,

and any instructions so given in an emergency shall be confirmed in writing by the owner if the manager so requests.

(4) Copies of any instruction which has been confirmed in writing in accordance with the foregoing paragraphs of this regulation shall be kept by the manager and the owner for at least three years from the date on which the instruction ceased to have effect.