The Mines Miscellaneous Health and Safety Provisions Regulations 1995

The health and safety document

4.—(1) The owner of every mine shall ensure that no work shall be 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 work at the mine are exposed have been assessed in accordance with regulation 3 of the 1992 Regulations;

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

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

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

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

(b) a fire protection plan detailing the likely sources of fire, and the precautions to be taken to protect against, to detect and combat the outbreak and spread of fire;

(c) 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 of persons at work, a plan detailing the protective equipment and measures required to protect persons at work at the mine from the harmful atmosphere; and

(d) in any zone below ground where rockbursts or gas outbursts may occur an operating plan setting out as far as possible the susceptible zones and the measures necessary for the protection of persons at work in, approaching or traversing such zones.

(3) The owner shall ensure that the health and safety document is—

(a) kept up to date and revised where necessary including, without limitation, if the mine undergoes major changes (including natural changes), extensions or conversions; and

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

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