45.—(1) This regulation applies below ground in coal mines.
(2) The mine operator shall carry out a suitable assessment of the risk to the health of persons at work below ground at the mine created by exposure to inhalable dust.
(3) The mine operator shall ensure that the assessment is—
(a)recorded; and
(b)reviewed and, where appropriate, revised if there is reason to suspect that there has been a material change in the matters to which it relates.
(4) The mine operator shall ensure that the exposure to inhalable dust of persons at work below ground at the mine is either prevented or, where that is not reasonably practicable, reduced to as low a level as is reasonably practicable.
(5) The mine operator shall have in place suitable arrangements for sampling the levels of respirable dust F1... to which persons at work are exposed below ground at the mine.
(6) If a sample exceeds the action level for respirable dust F2..., the mine operator shall—
(a)determine the reason why the F3... action level was exceeded;
(b)ensure that appropriate remedial action is taken; and
(c)ensure that appropriate further sampling is carried out for the purpose of assessing the effectiveness of any remedial action.
(7) The mine operator shall ensure that every person who is, or is likely to be, exposed to inhalable dust is placed under suitable health surveillance, unless the exposure is not significant.
Textual Amendments
F1Words in reg. 45(5) omitted (21.3.2022) by virtue of The Mines (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/9), regs. 1, 2(4)(a)
F2Words in reg. 45(6) omitted (21.3.2022) by virtue of The Mines (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/9), regs. 1, 2(4)(b)(i)
F3Word in reg. 45(6)(a) omitted (21.3.2022) by virtue of The Mines (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/9), regs. 1, 2(4)(b)(ii)
Commencement Information