The Coal Mines (Control of Inhalable Dust) Regulations 2007 (revoked)

Interpretation U.K.

2.  In these Regulations—

“the 1954 Act” means the Mines and Quarries Act 1954 M1 ;

“approved” means approved for the time being in writing;

“control measure” means a measure taken to reduce exposure to inhalable dust (including the provision of systems of work and supervision and the provision and use of engineering controls and respiratory protective equipment);

“covered accommodation” means the covered accommodation provided in pursuance of regulation 36(1) of the Management and Administration of Safety and Health at Mines Regulations 1993 M2 ;

“doctor” means a registered medical practitioner competent in occupational health;

“employer” includes the owner if he employs persons at work at the mine;

“the Executive” means the Health and Safety Executive;

“exposure control limit for respirable dust” means the exposure control limit approved from time to time by the [F1 Health and Safety Executive] for respirable dust in relation to the specified reference period when calculated by a method approved by the [F1 Health and Safety Executive];

“exposure control limit for quartz” means the exposure control limit approved from time to time by the [F1 Health and Safety Executive] for quartz in relation to the specified reference period when calculated by a method approved by the [F1 Health and Safety Executive];

“hazard”, in relation to inhalable dust, means the intrinsic property of that substance which has the potential to cause harm to the health of a person by inhalation, and “hazardous” shall be construed accordingly;

“health surveillance” means assessment of the state of health of an employee, as related to exposure to inhalable dust;

“inhalable dust” means airborne material which is capable of entering the nose and mouth during breathing, as defined by BS EN 481 1993;

“manager” means in relation to a mine, or part thereof, the person who is appointed under regulation 8 of the 1993 Regulations as the manager of that mine;

“medical examination” includes any laboratory tests and X-rays that a doctor may require;

“mine” means any mine within the meaning of section 180 of the 1954 Act;

“owner” means any owner within the meaning of section 181 of the 1954 Act;

“quartz content” means, in relation to a sample of air, such portion of the respirable dust content of that sample as is attributable to respirable dust consisting of crystalline silica;

“relevant operations” means work which produces inhalable dust;

“respirable dust” means airborne material which is capable of penetrating to the gas exchange area of the lung, as defined by BS EN 481 1993;

“respirable dust content” means, in relation to a sample of air, the average weight in milligrammes of the respirable dust found to be present in each cubic metre of the air sampled;

“respiratory protective equipment” means all such equipment which is intended to be worn or held by a person at work and which protects that person against risks to his health from inhalation of harmful substances, and any addition or accessory designed to meet that objective;

“risk”, in relation to the exposure of a person at work to inhalable dust, means the likelihood that the potential for harm to the health of a person will be attained under the conditions of use and exposure, and also the extent of that harm;

“the risk assessment” means the assessment of risk required by regulation 4(1)(a);

“tourist mine” means a mine the principal activity of which is to demonstrate the mine or the workings of the mine to persons not at work at the mine; rather than the getting of minerals or the products of minerals;

“working day” does not include a Saturday, Sunday or day of public or colliery holiday.

Textual Amendments

F1 Words in reg. 2 substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 1, Sch. 3 (with art. 21)

Marginal Citations

M1 1954 c. 70; extended by the Mines and Quarries (Tips) Act 1969 (c. 10); relevant amending instruments are S.I. 1974/2013, 1993/1897, 1996/2001 and 1999/2024.

M2 S.I. 1993/1897, to which there are amendments not relevant to these Regulations.