The Coal Mines (Control of Inhalable Dust) Regulations 2007

Interpretation

2.  In these Regulations—

“the 1954 Act” means the Mines and Quarries Act 1954(1);

“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(2);

“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 Health and Safety Commission for respirable dust in relation to the specified reference period when calculated by a method approved by the Health and Safety Commission;

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

“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.

(1)

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.

(2)

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