The Mines (Shafts and Winding) Regulations 1993

Statutory Instruments

1993 No. 302

HEALTH AND SAFETY

The Mines (Shafts and Winding) Regulations 1993

Made

18th February 1993

Laid before Parliament

2nd March 1993

Coming into force—

The whole Regulations except in so far as they apply to mines of tin or tin ore

1st April 1993

The whole Regulations in so far as they apply to mines of tin or tin ore

1st January 1996

The Secretary of State, in exercise of the powers conferred upon her by sections 15(1), (2), (3)(a), (4) and (5)(b) and 82(3)(a) of, and paragraphs 1(1)(c),(2), 6(1), 7, 16 and 21(a), (b) and (c) of Schedule 3 to the Health and Safety at Work etc. Act 1974((1), and of all other powers enabling her in that behalf and for the purpose of giving effect without modifications to proposals submitted to her by the Health and Safety Commission under section 11(2)(d) of the said Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Mines (Shafts and Winding) Regulations 1993 and shall come into force—

(a) except as specified in sub-paragraph (b) below, on 1st April 1993; and

(b) in so far as they apply to mines of tin or tin ore, on 1st January 1996.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

• “appoint” in relation to a person means appoint in writing with a written statement summarising his responsibilities and authority, and “appointed” shall be construed accordingly;

• “conveyance” means any carriage, cage, skip or kibble in which persons, mineral or materials are wound through a shaft;

• “counterweight” means a frame containing weights connected into a single conveyance winding system to reduce the out-of-balance static loads within the system;

• “examination” means a visual examination by a competent person carried out carefully and critically and supplemented by other means (such as measurement and where necessary non-destructive testing) in order to arrive at a reliable conclusion as to the condition and safety of the equipment or installation which if necessary should be dismantled, and “examine” shall be construed accordingly;

• “inspection” means a visual inspection by a competent person looking carefully and critically for anything which may impair the safe and efficient working of the equipment or installation, and “inspect” and “inspected” shall be construed accordingly;

• “keps” means retractable supports in a shaft on which a conveyance may rest but does not include the doors at the top of the shaft sinking;

• “lift apparatus” means an electrically powered lift and includes equipment used in relation to the lift in the shaft and at shaft entrances;

• “mine” means an excavation or system of excavations, including all such excavations to which a common system of ventilation is provided, made for the purpose of, or in connection with, the getting, wholly or substantially by means involving the employment of persons below ground, of minerals (whether in their natural state or in solution or suspension) or products of minerals;

• “overwind” means unintentional overtravel of a conveyance or counterweight beyond the limits set by a device installed for the purpose of preventing such overtravel;

• “owner” in relation to a mine means the person who is for the time being entitled to work it;

• “shaft” includes a staple-pit, raise, winze or any similar excavation whether sunk or in the course of being sunk and so much of any superstructure provided at the top of a shaft as forms an extension to the shaft shall be deemed to form part of the shaft which is below ground;

• “winding apparatus"” means mechanically operated apparatus for lowering and raising loads through a shaft and includes a conveyance or counterweight attached to such apparatus and all ancillary apparatus;

• “winding engineman” means a person competent to operate the winding apparatus during manual winding.

(2) A mine shall be treated as being worked at any time when there are persons at work below ground or plant or equipment is in operation at the mine to maintain the safety of that mine or of any other mine or the operation of driving a shaft or outlet is being undertaken at the mine.

(3) In these Regulations, unless the context otherwise requires, any reference to—

(a) a numbered regulation is a reference to the regulation of these Regulations so numbered;

(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation in which that reference appears.

(4) In any document issued under these Regulations any word or expression to which meaning is assigned by the Health and Safety at Work etc. Act 1974, the Mines and Quarries Act 1954(2) or these Regulations shall have the meaning so assigned to it.

Application

3.—(1) These Regulations shall apply to all mines which are being worked.

(2) Regulation 4 shall also apply to the specification, planning or design of the sinking of a shaft for the purpose of working a mine.

Shaft sinking

4.—(1) The owner shall ensure, so far as is reasonably practicable, that the sinking of the shaft is so specified, planned and designed as to be safe, and without risk of injury to persons.

(2) The manager shall ensure, so far as is reasonably practicable, that the shaft is constructed or sunk safely, and without risk of injury to persons.

(3) For the purpose of paragraph (1) or (2), the owner or manager respectively shall take into account risks which (at the time the shaft is specified, planned, designed or, as appropriate, constructed or sunk) it is reasonably foreseeable will arise either while the shaft is being constructed or sunk or during the time it is intended to be used.

Equipment of shaft and inspection, examination and maintenance of shaft and fixtures

5.—(1) The owner shall ensure that each shaft is so equipped that, so far as is reasonably practicable, it is safe to use.

(2) So far as is reasonably practicable, the owner shall provide suitable winding apparatus in any shaft through which a person travels.

(3) The manager shall ensure that each shaft is so maintained that, so far as is reasonably practicable, it is safe to use.

(4) (a) In order to maintain the shaft and its fixtures in a safe condition the manager shall appoint sufficient competent persons to inspect and to examine each shaft and its fixtures at suitable intervals of time, and to carry out such maintenance as is necessary.

(b) The written statement summarising the responsibilities and authority of any competent person mentioned in sub-paragraph (a) of this paragraph shall—

(i) include details of the frequency of the inspections or examinations and of the nature of the examinations, maintenance or examinations and maintenance which that competent person shall carry out, and

(ii) be revised when necessary to ensure that those details are correct and up to date.

(c) Every competent person mentioned in this regulation shall record the result of any inspection or examination he makes setting out any defects he finds.

Use of shaft or its fixtures

6.  The manager shall ensure, so far as is reasonably practicable, that when a shaft or fixtures in a shaft are used, they are used safely.

Safety harnesses

7.—(1) So far as is necessary to ensure safety, a person in a shaft shall wear and use a suitable safety harness.

(2) The manager shall ensure that sufficient suitable safety harnesses in good condition are available and that there are sufficient suitable anchorages to ensure safety.

Space at bottom of shaft

8.  The manager shall ensure, so far as is reasonably practicable, that no person enters or remains in any uncovered space at the bottom of a shaft unless—

(a) the entry is—

(i) for the purpose of working there, or

(ii) during shaft sinking operations; and

(b) suitable safety precautions are taken.

Barriers

9.  The manager shall ensure that at each entrance to a shaft there is a barrier suitable to ensure safety.

Suitability of winding apparatus

10.  The owner shall ensure that winding apparatus is suitable for the purpose for which it is used, and has effective and suitable:—

(a) brakes;

(b) except in the case of lift apparatus, brake locking devices and brake interlocking devices;

(c) means of controlling power to the winding engine;

(d) means of preventing an overwind;

(e) means of preventing a conveyance or counterweight travelling at an excessive speed;

(f) means of safely stopping and holding a conveyance or counterweight in the event of an overwind; and

(g) means of monitoring the movement of every conveyance in the shaft.

Installation and modification of winding apparatus

11.—(1) When winding apparatus is installed, the owner shall appoint sufficient competent persons who shall examine all aspects of the installation of the apparatus and make a written report.

(2) When winding apparatus is modified in a way which could affect its safe operation, the manager shall appoint sufficient competent persons who shall examine all aspects of the modification of the apparatus and make a written report.

(3) For the purposes of this regulation any modification made to winding apparatus with a view to rectifying a defect mentioned in a report made under paragraph (1) or (2) shall be treated as a modification which could affect the safe operation of the winding apparatus.

(4) The manager shall ensure that winding apparatus is not used after being installed or after being modified as mentioned in paragraph (2) unless the report made under paragraph (1) or, as the case may be, paragraph (2) (and construed in each case together with any further report made by virtue of paragraph (3)) states that the winding apparatus is safe to use.

Keps

12.—(1) The owner shall ensure that no person installs keps in or in connection with any winding apparatus.

(2) The manager shall ensure that keps are not used when winding apparatus is used for carrying persons.

Ropes and associated equipment

13.—(1) The owner shall specify the type of rope intended for use in any winding apparatus and any attachment or connection intended for use with such a rope and shall ensure that any such rope, attachment or connection is suitable for the use for which it is intended.

(2) Before any winding rope is put into service in a shaft, the owner shall specify in writing the maximum life expected for any winding rope in that shaft, taking into account the conditions under which the winding rope will be used.

(3) If there is any change in the conditions under which a winding rope is used in a shaft, the owner shall review the life specified under paragraph (2) and reduce it if necessary.

(4) The owner shall ensure that the specification made under paragraph (2), as amended under paragraph (3) where appropriate, is kept at the office of the mine while any rope is in use as a winding rope in the shaft to which the specification relates and for 6 months thereafter.

(5) The manager shall ensure that no rope is used for winding after the expiry of the life specified under paragraph (2), as reduced under paragraph (3) where appropriate, except in accordance with directions which may be given by an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974.

Signalling and communication

14.—(1) The owner shall ensure that there is provided in any shaft where there is winding apparatus suitable means—

(a) to give audible and visual signals to;

(b) to receive audible and visual signals from;

(c) to communicate by speech with;

any place where any such means of signalling and communication are necessary to enable the winding apparatus to be used safely.

(2) The means referred to in paragraph (1) shall be so placed that they are safe to use and that the winding apparatus can be operated safely.

(3) The manager shall ensure that the means referred to in paragraph (1) are so used as to enable the winding apparatus to be used safely.

Use of winding apparatus

15.—(1) The manager shall ensure, so far as is reasonably practicable, that winding apparatus is used safely.

(2) The manager shall make suitable rules to provide for the safe use of any winding apparatus. The rules shall specify the manner in which and the conditions under which each set of winding apparatus is to be used.

(3) The manager shall ensure that persons are not carried by winding apparatus while it is operating automatically.

(4) No person shall control winding apparatus by radio except with suitable equipment and in a suitable manner.

(5) In this regulation “radio” includes any transmission of electromagnetic radiation.

Competent persons and winding enginemen

16.—(1) When persons are below ground in a mine where winding apparatus is used, the manager shall

(a) ensure that sufficient competent persons (including winding enginemen) appointed by him are available at the mine to ensure the safe operation of the winding apparatus.

(b) give each such competent person suitable written instructions as to his duties.

(2) The manager shall specify in writing the maximum hours of work of winding enginemen and these shall be posted in the winding engine room.

(3) Each winding engineman shall record the hours he works.

Examination, inspection, maintenance and testing of winding apparatus

17.—(1) So far as is necessary to ensure compliance with these Regulations the manager shall ensure that winding apparatus is regularly and adequately examined, inspected, tested and maintained in accordance with a suitable written scheme.

(2) The manager shall appoint sufficient competent persons to regularly and adequately examine, inspect, test and maintain the winding apparatus.

(3) Each person appointed under paragraph (2) shall write a report of the examinations, inspections, tests or maintenance which he carries out setting out any defects he finds.

Records and reports

18.—(1) Subject to paragraph (3), the manager shall keep the reports and, where appropriate, records made under regulations 5(4)(c), 11(1) to (3), 16(3) and 17(3) at the office of the mine for three years from the date the report or record is made.

(2) The owner shall ensure that any report made under regulation 11(1) is given to the manager.

(3) Records and reports kept by virtue of paragraph (1) shall be kept at the office of the mine where the winding apparatus to which they relate is.

General duty of mine manager

19.  It shall be the duty of the manager to ensure, so far as is reasonably practicable, that any requirement or prohibition imposed upon any other person by or by virtue of these Regulations is duly complied with by the person concerned.

Exemptions

20.—(1) Subject to paragraph (2) the Health and Safety Executive may, by a certificate in writing, exempt any mine, or part of a mine or class of mines from any requirement or prohibition imposed by these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.

(2) The Health and Safety Executive shall not grant any such exemptions, unless having regard to the circumstances of the case and in particular to—

(a) the conditions if any which it proposes to attach to the exemption; and

(b) any other requirements imposed by or under any enactment which apply to the case;

it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.

Disapplication of section 157 of the Mines and Quarries Act 1954

21.  Section 157 of the Mines and Quarries Act 1954 (which provides a defence in legal proceedings in certain circumstances) shall not apply in relation to any prosecutions or other legal proceedings based on an allegation of a contravention of a requirement or prohibition imposed by or under these Regulations.

Repeals and modifications of the Mines and Quarries Act 1954

22.—(1) The provisions of the Mines and Quarries Act 1954 specified in column 1 of Schedule 1 to these Regulations are hereby repealed to the extent set out opposite thereto in column 2 of that Schedule.

(2) Sections 30(1) and 42 of the Mines and Quarries Act 1954 shall cease to have effect in relation to shafts.

Revocation of Regulations

23.—(1) The Regulations specified in column 1 of Part I of Schedule 2 to these Regulations are hereby revoked to the extent set out opposite thereto in column 2 of that Part.

(2) The Regulations specified in Part II of Schedule 2 to these Regulations shall cease to have effect in relation to shafts.

(3) The Regulations specified in Part III of Schedule 2 to these Regulations (being Regulations which apply to particular mines) are hereby revoked.

Signed by order of the Secretary of State.

Patrick McLoughlin

Parliamentary Under Secretary of State,

Department of Employment

18th February 1993

Regulation 22(1)

SCHEDULE 1 REPEALS OF THE PROVISIONS OF THE MINES AND QUARRIES ACT 1954

1	2
Provision	Extent of Repeal
Section 28	In sub-section (1) the words— (a) “shaft and”; (b) “the top of the shaftand the entrances therefrom to the workings and between those entrances themselves or, as the case may be, for carrying persons between”; (c) “shaft or” In sub-section (2) the words— (a) “shaft and”; (b) “shaft or”; (c) “for carrying persons between the top of the shaftand the entrances therefrom to the workingsand between those entrances themselves or, as the case may be”; (d) “shaft or”; (e) “in the case of a shaft, the distance between the top of the shaftand the bottom of the lowest entrance to the shaft provided for affording to persons access to the shaft and,”
Section 31	Sub-sections (1), (2), (4)and (5)
Section 43	Sub-section (1)
Section 45	Sub-sections (1)(a) and (3)(a)

Regulation 23

SCHEDULE 2

PART I REVOCATION OF REGULATIONS

1	2
Regulations	Extent of Revocation
The Miscellaneous Mines (General) Regulations 1956 S.I. 1956/1778.	Regulations 9, 10, 14, 15, 20 to 22, 41 to 43, 46, 69 and 79.
The Coal and Other Mines (Shafts, Outlets and Roads) Regulations 1960 S.I. 1960/69; amended by S.I. 1968/1037, 1978/1648.	Regulations 12(3), 14 to 16, 25 to 45, 71 to 79, 81, 82 and 84.
The Mines (Emergency Egress) Regulations 1973 S.I. 1973/194.	Regulations 5 and 6.

PART II REGULATIONS CEASING TO HAVE EFFECT IN RELATION TO SHAFTS

1.  Regulations 5, 7, 8, 11 to 13, 16 to 19, 38 to 40, 44, 45, 47 to 52, 74 and 76 to 80 of the Miscellaneous Mines (General) Regulations 1956.

2.  Regulations 6 to 13, 17 to 24, 51 to 56, 65 to 70 and 83 of the Coal and Other Mines (Shafts, Outlets and Roads) Regulations 1960.

PART III REGULATIONS APPLYING TO PARTICULAR MINES REVOKED

Regulations	References
The Hem Heath Mine (No. 2 Shaft) Special Regulations, 1957	SI 1957/2000
The Winn’s Ironstone Mine (Temporary Shaft) Special Regulations, 1958	SI 1958/536
The Blackhall Mine (South Shaft) Special Regulations, 1958	SI 1958/550
The Prestonlinks Mine (Hydraulic Winding Apparatus) Special Regulations, 1961	SI 1961/1155
The Beckermet Mine (No. 2 Shaft) Special Regulations, 1962	SI 1962/930
The Lady Windsor Mine (No. 2 Upcast Shaft) Special Regulations, 1962	SI 1962/933
The Kiveton Park Mine (Harrycroft Shaft) (Winding and Haulage Apparatus) Special Regulations, 1962	SI 1962/1137
The Grimethorpe Mine (No. 3 Shaft) Special Regulations, 1962	SI 1962/1238
The New Monckton 1, 2 and 6 Mine (No. 1 Shaft) Special Regulations, 1962	SI 1962/1588
The Parkside Mine (Friction Winding) Special Regulations, 1963	SI 1963/865
The South Kirkby Mine (Friction Winding) Special Regulations, 1963	SI 1963/1036
The Weetslade Mine (Friction Winding) Special Regulations, 1963	SI 1963/1188
The Rising Sun Mine (Friction Winding) Special Regulations, 1963	SI 1963/1198
The Grimethorpe Mine (Friction Winding) Special Regulations, 1963	SI 1963/1218
The Bilston Glen Mine (Friction Winding) Special Regulations, 1963	SI 1963/1359
The Killoch Mine (Friction Winding) Special Regulations, 1963	SI 1963/1472
The Manor Powis Mine (Friction Winding) Special Regulations, 1963	SI 1963/1473
The Monktonhall Mine (Friction Winding) Special Regulations, 1963	SI 1963/1474
The Kames Mine (Friction Winding) Special Regulations, 1963	SI 1963/1517
The Cardowan Mine (Friction Winding) Special Regulations, 1963	SI 1963/1548
The Bedlay Mine (Friction Winding) Special Regulations, 1963	SI 1963/1566
The Douglas Mine (Friction Winding) Special Regulations, 1963	SI 1963/1567
The Woolley `A' Mine (No. 2 Downcast Shaft) Special Regulations, 1963	SI 1963/1650
The Hucknall Mine (No. 5 Shaft) Special Regulations, 1963	SI 1963/1802
The Bold Mine (Friction Winding) Special Regulations, 1963	SI 1963/1915
The Mosley Common Mine (Friction Winding) Special Regulations, 1963	SI 1963/1963
The Agecroft Mine (Friction Winding) Special Regulations, 1963	SI 1963/1998
The New Monckton 1, 2 and 6 Mine (Friction Winding) Special Regulations, 1964	SI 1964/63
The Bradford Mine (Friction Winding) Special Regulations, 1964	SI 1964/322
The Houghton Main Mine (Friction Winding) Special Regulations, 1964	SI 1964/609
The Kingsbury Mine (No. 1 Shaft) Special Regulations, 1964	SI 1964/610
The Askern Main Mine (No. 2 Shaft) Special Regulations, 1964	SI 1964/773
The Langwith Mine (No. 1 Downcast Shaft) Special Regulations, 1964	SI 1964/804
The Whitwell Mine (No. 1 Shaft) Special Regulations, 1964	SI 1964/829
The Ashington Mine (New Moor Shaft) Special Regulations, 1964	SI 1964/1057
The Astley Green Mine (Friction Winding) Special Regulations, 1964	SI 1964/1105
The Cowdenbeath No. 7 and Cowdenbeath No. 10 (Kirkford) Mine Special Regulations, 1964	SI 1964/1165
The Kinneil Mine (Friction Winding) Special Regulations, 1964	SI 1964/1543
The Bestwood Mine (No. 2 Shaft) Special Regulations, 1964	SI 1964/1546
The Lady Victoria Mine (Lady Victoria Shaft) Special Regulations, 1964	SI 1964/1613
The Hem Heath Mine (Friction Winding) Special Regulations, 1964	SI 1964/1772
The Florence Mine (Friction Winding) Special Regulations, 1964	SI 1964/1789
The Wolstanton Mine (Friction Winding) Special Regulations, 1964	SI 1964/1790
The Littleton Mine (No. 3 Downcast Shaft) Special Regulations, 1964	SI 1964/1799
The Fryston Mine (Friction Winding) Special Regulations, 1964	SI 1964/2021
The Gartshore Nos. 3 and 12 Mine Special Regulations, 1965	SI 1965/12
The Kellingley Mine (Friction Winding) Special Regulations, 1965	SI 1965/13
The Clipstone Mine (Friction Winding) Special Regulations, 1965	SI 1965/90
The Rossington Main Mine (Friction Winding) Special Regulations, 1965	SI 1965/121
The Seafield Mine (Friction Winding) Special Regulations, 1965	SI 1965/182
The Frickley Mine (No. 1 Shaft) Special Regulations, 1965	SI 1965/241
The Snowdown Mine (Friction Winding) Special Regulations, 1965	SI 1965/616
The Car House Mine (Car House Shaft) Special Regulations, 1965	SI 1965/908
The Dearne Side Mine (Dearne Side Shaft) Special Regulations, 1965	SI 1965/909
The Flockton Lane End Mine (New Hards Shaft) Special Regulations, 1965	SI 1965/910
The Hemingfield Mine (Drawing Shaft) Special Regulations, 1965	SI 1965/911
The Hemingfield Mine (Water Shaft) Special Regulations, 1965	SI 1965/912
The Higham Mine (Higham Pumping Shaft) Special Regulations, 1965	SI 1965/913
The Low Stubbin Mine (Low Stubbin Shaft) Special Regulations, 1965	SI 1965/914
The Nunnery Mine (Upcast Pit Shaft) Special Regulations, 1965	SI 1965/915
The Nunnery Mine (West Pit Shaft) Special Regulations, 1965	SI 1965/916
The Rotherham Main Mine (No. 2 Shaft) Special Regulations, 1965	SI 1965/917
The Waleswood Mine (Downcast Shaft) Special Regulations, 1965	SI 1965/918
The Woolley Barnsley Mine (Woolley Barnsley Shaft) Special Regulations, 1965	SI 1965/919
The Brodsworth Main Mine (Friction Winding) Special Regulations, 1965	SI 1965/974
The Tilmanstone Mine (Friction Winding) Special Regulations, 1965	SI 1965/1195
The Hickleton Main Mine (Friction Winding) Special Regulations, 1965	SI 1965/1549
The Markham Main Mine (No. 1 Shaft) Special Regulations, 1965	SI 1965/1583
The Bevercotes Mine (Friction Winding) Special Regulations, 1965	SI 1965/1694
The Brookhouse Mine (Downcast Shaft) Special Regulations, 1965	SI 1965/1708
The Treeton Mine (Downcast Shaft) Special Regulations, 1965	SI 1965/1710
The Sharlston Mine (No. 1 Upcast Shaft) Special Regulations, 1965	SI 1965/1759
The Wearmouth Mine (Friction Winding) Special Regulations, 1965	SI 1965/1160
The Westoe Mine (Friction Winding) Special Regulations, 1965	SI 1965/1761
The Frickley Mine (Friction Winding) Special Regulations, 1965	SI 1965/1834
The South Crofty Mine (Robinson’s Shaft and Cook’s Shaft) Special Regulations, 1965	SI 1965/1914
The Weetslade Mine (No. 2 Shaft) Special Regulations, 1966	SI 1966/49
The Winsford Rock Salt Mine (No. 4 Shaft) Special Regulations, 1966	SI 1966/117
The Ryhope Mine (Friction Winding) Special Regulations, 1966	SI 1966/235
The Warsop Main Mine (Friction Winding) Special Regulations, 1966	SI 1966/290
The Linby Mine (No. 1 Shaft) Special Regulations, 1966	SI 1966/474
The Rawdon Mine (Rawdon Shaft) Special Regulations, 1966	SI 1966/525
The Santon Ironstone Mine (Santon Shaft) Special Regulations, 1966	SI 1966/570
The Dinnington Main Mine (Winding and Haulage Apparatus) Special Regulations, 1966	SI 1966/573
The Shirebrook Mine (Friction Winding) Special Regulations, 1966	SI 1966/580
The Randolph Mine (No. 2 Shaft) Special Regulations, 1966	SI 1966/659
The Orgreave Mine (Downcast Shaft) Special Regulations, 1966	SI 1966/731
The Harrington No. 10 Mine (No. 9 Upcast Shaft) Special Regulations, 1966	SI 1966/988
The Winsford Rock Salt Mine (Winding) Special Regulations, 1966	SI 1966/1207
The Lynemouth Mine (No. 3 and No. 4 Shaft Sinkings Surface Drift) Special Regulations, 1967	SI 1967/521
The Ackton Hall Mine (Silkstone Shaft) Special Regulations, 1967	SI 1967/630
The Barony Mine (No. 3 and No. 4 Shafts) Special Regulations, 1967	SI 1967/909
The Horden Mine (South Shaft) Special Regulations, 1967	SI 1967/1235
The Orgreave Mine (Upcast Shaft) Special Regulations, 1967	SI 1967/1357
The Orgreave Mine (Downcast Shaft) (Automatic Shaft Signalling) Special Regulations, 1968	SI 1968/707
The Brookhouse Mine (Downcast Shaft) (Automatic Shaft Signalling) Special Regulations, 1968	SI 1968/713
The Sherwood Mine (No. 1 Shaft) Special Regulations, 1968	SI 1968/714
The Silksworth Mine (Winding) Special Regulations, 1968	SI 1968/1023
The Houghton Mine (Winding) Special Regulations, 1968	SI 1968/1261
The Hawthorne Mine (Winding) Special Regulations, 1968	SI 1968/1673
The Michael Mine (No. 2 and No. 3 Shafts) Special Regulations, 1968	SI 1968/1738
The Grimethorpe Mine (Friction Winding) (Amendment) Special Regulations, 1968	SI 1968/1757
The Lochhead Mine (Downcast Shaft) Special Regulations, 1968	SI 1968/1831
The Sutton Manor Mine (No. 1 Shaft) Special Regulations, 1969	SI 1969/274
The Newmarket Silkstone Mine (Bye Pit) Special Regulations, 1969	SI 1969/285
The Seafield Mine (Friction Winding) (Amendment) Special Regulations, 1969	SI 1969/1029
The Camborne Mine (No. 1 Shaft) Special Regulations, 1969	SI 1969/1030
The Bentley Mine (No. 2 Shaft) Special Regulations, 1969	SI 1969/1055
The Hatfield/Thorne Mine (No. 1 Shaft) Special Regulations, 1969	SI 1969/1181
The Brodsworth Mine (Friction Winding) (Amendment) Special Regulations, 1969	SI 1969/1246
The Bedlay Mine (Friction Winding) (Amendment) Special Regulations, 1969	SI 1969/1635
The Lynemouth Mine (No. 4 Shaft Crane Winding) Special Regulations, 1969	SI 1969/1772
The Park Hill Mine (Oakenshaw Shaft) (Winding and Haulage Apparatus) Special Regulations, 1970	SI 1970/21
The Abernant Mine (Friction Winding) Special Regulations, 1970	SI 1970/180
The Bilsthorpe Mine (No. 1 Shaft) Special Regulations, 1970	SI 1970/190
The Bedwas Mine (North Upcast Shaft) Special Regulations, 1970	SI 1970/164
The Mount Wellington (No. 1 Shaft Sinking) Special Regulations, 1970	SI 1970/750
The Netherton Mine (Nos. 2 and 3 Shafts) Special Regulations, 1970	SI 1970/836
The Wheal Jane Mine (No. 2 and Clemows Shaft Sinkings) Special Regulations, 1970	SI 1970/853
The Boulby Mine (No. 1 and No. 2 Shaft Sinkings) Special Regulations, 1970	SI 1970/864
The Cynheidre Mine (Friction Winding) Special Regulations, 1970	SI 1970/1041
The Treeton Mine (Downcast Shaft) (Automatic Shaft Signalling) Special Regulations, 1970	SI 1970/1204
The Cynheidre Mine (Friction Winding No. 2) Special Regulations, 1970	SI 1970/1512
The Monktonhall Mine (Friction Winding) (Amendment) Special Regulations, 1970	SI 1970/1549
The Dawdon Mine (Friction Winding) Special Regulations, 1971	SI 1971/81
The Whittle Mine (Upcast Shaft) Special Regulations, 1971	SI 1971/318
The Coventry Mine (No. 1 Shaft) Special Regulations, 1971	SI 1971/319
The Wyndham/Western Mine (Friction Winding) Special Regulations, 1971	SI 1971/866
The Frickley/South Elmsall Mine (No. 3 Shaft) Special Regulations, 1971	SI 1971/1789
The Coventry Mine (Downcast Shaft) (Automatic Shaft Signalling) Special Regulations, 1971	SI 1971/875
The Kimblesworth Mine (Downcast Shaft) Special Regulations, 1971	SI 1971/1840
The Boulby Mine (Fencing) Special Regulations, 1972	SI 1972/106
The Boulby Mine (Sea Water Intake and Tailings Disposal Shaft) Special Regulations, 1972	SI 1972/490
The South Kirksby Mine (Friction Winding) (Amendment) Special Regulations, 1972	SI 1972/925
The Westoe Mine (Winding) Special Regulations, 1972	SI 1972/1568
The Wearmouth Mine (Winding) Special Regulations, 1972	SI 1972/1569
The Wheal Jane Mine (Clemows Shaft) Special Regulations, 1972	SI 1972/1908
The Creswell Mine (No. 1 Shaft) Special Regulations, 1972	SI 1972/1953
The Geevor Mine (Victory Shaft) Special Regulations, 1973	SI 1973/128
The Groverake Mine (No. 2 Shaft) Special Regulations, 1973	SI 1973/1002
The Sherwood Mine (No. 2 Shaft) Special Regulations, 1973	SI 1973/1634
The Celynen North Mine, Graig Fawr (Downcast Shaft) Special Regulations, 1973	SI 1973/1938
The Boulby Mine (Single Shaft Development) Special Regulations, 1973	SI 1973/1966
The Eccles Mines (Fenwick Downcast Shaft) Special Regulations, 1974	SI 1974/803
The Cwm/Coedely Mine (Coedely No. 2 (Upcast) Shaft) Special Regulations, 1974	SI 1974/928
The Ellistown Mine (Lower Part of No. 1 Shaft) Special Regulations, 1974	SI 1974/1390
The Vane Tempest Mine (Winding) Special Regulations, 1974	SI 1974/1762
The Polmaise 3/4 Mine (No. 4 Shaft) (Shaft Signalling) Special Regulations, 1974	SI 1974/1815
The Cwm/Coedely Mine (Cwm No. 2 (Upcast) Shaft) Special Regulations, 1974	SI 1974/1865
The Wheal Jane Mine (Clemows Shaft) Special Regulations, 1974	SI 1974/1932
The Winsford Rock Salt Mine (Fencing) Special Regulations, 1974	SI 1974/2209
The Comrie Mine (No. 1 Shaft) Special Regulations, 1974	SI 1974/2210
The Westoe Mine (St. Hilda Shaft) Regulations, 1975	SI 1975/1395
The Polmaise 3/4 Mine (Nos. 3 and 5 Shafts) Regulations, 1975	SI 1975/1079
The Haig Mine (Thwaites Shaft) Regulations, 1975	SI 1975/1519
The Dinnington Main Mine (No. 1 Shaft) Regulations, 1975	SI 1975/2053
The Gedling Mine (No. 1 Downcast Shaft) Regulations, 1976	SI 1976/156
The Thurcroft Main Mine (No. 1 Shaft) Regulations, 1976	SI 1976/1014
The Brynlliw Mine (No. 2 Upcast Shaft) Regulations, 1976	SI 1976/1611
The Daw Mill Mine (No. 1 Downcast Shaft) Regulations, 1976	SI 1976/1732
The Bolsover Mine (No. 2 Shaft) Regulations, 1976	SI 1976/1735
The Comrie Mine (No. 1 Shaft) (Automatic Shaft Signalling) Regulations, 1976	SI 1976/2045
The Birch Coppice (No. 3 (Wood End) Shaft) Regulations, 1976	SI 1976/2047
The Welbeck Mine (Winding) Regulations, 1976	SI 1976/2049
The Blidworth Mine (Winding) Regulations, 1976	SI 1976/2050
The Winsford Rock Salt Mine (No. 3 Shaft) Regulations, 1976	SI 1976/2075
The Markham Mine (Shafts) Regulations, 1976	SI 1976/2087
The Yorkshire Main Mine (Well Shaft) Regulations, 1977	SI 1977/226
The Baddesley Mine (Nos. 1 and 2 Upcast Shafts) Regulations, 1977	SI 1977/736
The Silverhill Mine (No. 1 Downcast Shaft) Regulations, 1977	SI 1977/1045
The Daw Mill Mine (No. 2 Upcast Shaft) Regulations, 1977	SI 1977/1196
The Mount Wellington Mine (Winding) Regulations, 1977	SI 1977/1384
The Hatfield/Thorne Mine (No. 2 Shaft) Regulations, 1977	SI 1977/1475
The Silverhill Mine (Nos. 1 and 2 Shafts) Regulations, 1977	SI 1977/1636
The East Hetton Mine (Hutton Shaft) Regulations, 1977	SI 1977/1661
The Ellington Mine (No. 3 Shaft) Regulations, 1979	SI 1979/67
The Hucknall Mine (No. 5 Shaft) Regulations, 1979	SI 1979/288
The Easington Mine (North Shaft) Regulations, 1979	SI 1979/585
The Rufford Mine (No. 1 Shaft) Regulations, 1979	SI 1979/983
The Yorkshire Main Mine (Friction Winding) Regulations, 1979	SI 1979/1491
The Murton Mine (Friction Winding) Regulations, 1980	SI 1980/68
The Ollerton Mine (Nos. 1 and 2 Shafts) Regulations, 1980	SI 1980/260
The Markham Mine (No. 1 Shaft) Regulations, 1980	SI 1980/261
The Bilsthorpe Mine (No. 1 Shaft) Regulations, 1980	SI 1980/262
The Pye Hill Mine (Winding) Regulations, 1981	SI 1981/1616
The Holditch Mine (No. 2 Shaft) (Winding) Regulations, 1982	SI 1982/43
The Rufford and Cotgrave Mine (Friction Winding) Regulations, 1983	SI 1983/170
The Conditions for Automatic Winding in Specified Shafts in Mines Regulations, 1983	SI 1983/583
The Boulby Mine (Nos. 1 and 2 Shafts) Regulations, 1983	SI 1983/715
The Manwinding Without Keps (Specified Shafts in Mines) Regulations, 1983	SI 1983/1547
The Conditions for Automatic Winding in Specified Shafts in Mines (Amendment) Regulations 1985	SI 1985/1738
The Drum Winding (Specified Shafts in Mines) Regulations, 1986	SI 1986/415
The Friction Winding (Specified Shafts in Mines) Regulations, 1986	SI 1986/487
The Friction Winding and Automatic Friction Winding (Specified Shafts in Mines) Regulations, 1986	SI 1986/1529
The Conditions for Automatic Winding in Specified Shafts in Mines (Amendment) Regulations, 1986	SI 1986/2314
The Drum Winding and Automatic Winding (Specified Shafts in Mines) (Amendment) Regulations, 1987	SI 1987/2146
The Friction Winding (Maltby Mine) Regulations, 1989	SI 1989/278
The Specified Shafts in Mines (Amendment) Regulations, 1989	SI 1989/815
The Winding (Specified Shafts in Mines) (Amendments and Revocations) Regulations, 1989	SI 1989/1209
The Friction Winding (Asfordby Mine) Regulations, 1989	SI 1989/1868
The Winsford Salt Mine (Nos. 3 and 4 Shafts) Regulations, 1990	SI 1990/35
The Friction Winding (Harworth Mine) Regulations, 1990	SI 1990/64
The Fauld Mine Winding Apparatus Regulations, 1990	SI 1990/1092
The Conditions for Automatic Winding (Littleton and Coventry Mines) Regulations, 1991	SI 1991/204
The Conditions for Automatic Winding (Markham Mine) Regulations, 1991	SI 1991/2055

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations make provisions with respect to health and safety in mine shafts, including the installation and use of winding apparatus and associated apparatus. The Regulations apply to all mines which are being worked (regulation 3(1)) and are also applied as mentioned below. The Regulations come into force on 1st April 1993 except with respect to mines of tin or tin ore for which they come into force on 1st January 1996.

2.  Regulation 4 imposes requirements on the owner of a mine with respect to the specification, planning and design of the sinking of a shaft and on the manager with respect to the construction or sinking of the shaft. Regulation 3(2) applies regulation 4 to the specification, planning or design of the sinking of the shaft.

3.  Regulation 5 places requirements on the owner of a mine with respect to the equipment of a shaft. It also places duties on the manager with respect to maintenance of the shaft and the appointment of competent persons to inspect and examine the shaft and its fixtures and to carry out such maintenance as is necessary. Each competent person is required to record the result of any inspection or examination (regulation 5(4)(c)).

4.  Regulation 6 imposes a requirement on the manager of a mine with respect to the safe use of a shaft or its fixtures; and regulation 7(2) requires the manager to ensure that sufficient suitable safety harnesses are available and that there are suitable anchorages. Regulation 7(1) imposes requirements with respect to the wearing of safety harnesses.

5.  Duties are imposed on the manager of a mine with respect to preventing persons entering or remaining in an uncovered space at the bottom of a shaft and to ensure that there is a suitable barrier at each entrance to a shaft (regulations 8 and 9).

6.  The owner of a mine is required to ensure that winding apparatus is suitable for its purpose and that specified elements of it are effective (regulation 10). He is also required to appoint competent persons to examine all aspects of the installation of the apparatus and make a written report (regulation 11(1)). “Winding apparatus” is one of the expressions used in the Regulations which are defined in regulation 2(1).

7.  Requirements are placed on the manager to appoint competent persons to examine winding apparatus when it is modified and to ensure that winding apparatus is not used unless specified reports have been made (regulation 11(2) to (4)).

8.  Regulation 12 imposes duties on the owner and manager with respect to the installation or use of keps in connection with winding apparatus.

9.  Regulation 13 requires the owner to prepare specifications for ropes intended for use in a shaft and specified associated equipment and to specify the maximum life of any winding rope. The manager is required to ensure that no rope is used for winding after the expiry of the life so specified.

10.  Regulation 14 imposes requirements on the owner with respect to the provision and location of specified means of signalling and communication, and on the manager with respect to their use.

11.  Regulation 15 imposes requirements on the manager as to the safe use of winding apparatus including requirements to make suitable rules and requirements with respect to winding apparatus while it is operating automatically. A prohibition is placed on any person controlling winding apparatus by radio except with suitable equipment and in a suitable manner.

12.  Regulation 16 imposes requirements on the manager with respect to the appointment of competent persons (including winding enginemen) and with respect to the recording of hours worked by winding enginemen. Regulation 17 makes provision with respect to the examination, inspection, testing and maintenance of winding apparatus, the appointment of competent persons, and the writing of reports by such persons. Regulation 18 makes provision with respect to the keeping of specified reports and records under the Regulations.

13.  Regulation 19 requires the manager to ensure, so far as is reasonably practicable, that other persons at the mine comply with their obligations under the Regulations.

14.  Regulation 20 provides for exemptions from the Regulations.

15.  Regulation 21 disapplies section 157 of the Mines and Quarries Act 1954 (c. 70) to any prosecution or other legal proceedings based on an allegation of a contravention of a requirement or prohibition imposed by or under these Regulations.

16.  Regulations 22 and 23 repeal and revoke the enactments set out in Schedules 1 and 2 of these Regulations. Those enactments will be replaced by these Regulations, to the extent specified in those Schedules. Specified provisions of the Mines and Quarries Act 1954 are disapplied in relation to shafts (regulation 22(2)).

(1)

1974 c. 37; sections 15 and 50 were amended by Schedule 15 to the Employment Protection Act 1975 (c. 71), paragraphs 6 and 16 respectively.

(2)

1954 c. 70, extended by the Mines and Quarries (Tips) Act 1969 (c. 10) and the Mines Management Act 1971 (c. 20); relevant amending instruments are S.I. 1974/2013 and S.I. 1976/2063.