Mines (Safety of Exit) Regulations (Northern Ireland) 1998

Explanatory Note

(This note is not part of the Regulations.)

The Regulations apply below ground to mines (regulation 2), and provide for safe ways of leaving a mine.

Regulation 3 provides for two separate exits from the mine to the surface. It imposes duties on the manager in respect of exits available for use, and requires a scheme and precautions to apply where only one exit is available due to accident, dangerous occurrence or breakdown. This regulation also requires the manager to restrict the number of persons below ground where only one exit is available due to maintenance which is planned.

Regulation 4 imposes duties on the owner of the mine when apparatus and equipment used by persons to leave the mine is unavailable or breaks down and provides for auxiliary apparatus and equipment. It requires the manager to make rules for the use of auxiliary apparatus and equipment.

Regulation 5 provides for a road, ladderway or stairway between landings at shafts or outlets used as exits. Regulation 6 imposes duties on the manager in relation to the construction and maintenance of certain roads which persons walk along and ladderways and stairways.

With the exceptions provided for by paragraph (4), regulation 7 requires the manager to ensure that workplaces have two different ways out, that the ways out are marked and that a scheme familiarizes persons with two ways out. Where more than nine but not more than eighteen persons work at a heading without two separate ways out, paragraph (5) requires the manager to give certain notices and make rules for safe working in and exit from the heading.

Regulation 8 requires the provision of barriers and enclosures to prevent persons inadvertently entering an unsafe part of the mine. It imposes duties on the manager and other persons in relation to those barriers and enclosures.

Where more than 50 employees are below ground (apart from shift changes) regulation 9 requires the manager to ensure either that there are two separate intake airways connected so as to prevent fire in one affecting the other so far as is reasonably practicable, or one fire resistant intake airway. Regulation 10 allows the Department of Economic Development to exempt a mine, part of a mine or a class of mines from the Regulations. Regulation 11 disapplies section 135 of the Mines Act (Northern Ireland) 1969 (defence in certain legal proceedings).

Regulation 12 repeals certain provisions of the Mines Act (Northern Ireland) 1969 namely, sections 22 to 25 (shafts and outlets in coal etc. mines), sections 33 to 35 (unfit parts of a mine, construction, maintenance, etc. of roads) and section 70 (fire precautions for single intake airways). Parts of the Mines (Emergency Egress) Regulations (Northern Ireland) 1975 are revoked. Provision is also made for references to the Mines Act (Northern Ireland) 1969, in that Act, in Regulations made under that Act and in health and safety regulations to include a reference to these Regulations.

The Schedule sets out provisions modified by these Regulations.

A person who contravenes the Regulations or any requirement or prohibition imposed thereunder is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable, on summary conviction, to a fine not exceeding the statutory maximum (currently £5,000) or, on conviction on indictment, to a fine.