The Coal Mines (Control of Inhalable Dust) Regulations 2007

Prevention or control of exposure to inhalable dust

5.—(1) Without prejudice to the requirements of regulation 10, the manager shall ensure that the exposure of persons at work to inhalable dust is either prevented or, where this is not reasonably practicable, reduced to as low a level as is reasonably practicable.

(2) Where it is not reasonably practicable to prevent the exposure of persons at work to inhalable dust, and having regard to the risk assessment, the manager shall comply with his duty under paragraph (1) to reduce that exposure to as low a level as is reasonably practicable by the application of the following measures, in order of priority—

(a) the design and use of appropriate work processes, systems and engineering controls and the provision and use of suitable work equipment and materials;

(b) the control of exposure at source, including adequate local ventilation systems and appropriate organizational measures;

(c) the control of the working environment, including general ventilation; and

(d) the provision of suitable respiratory protective equipment in addition to the measures required by sub-paragraphs (a), (b) and (c).

(3) The measures referred to in paragraph (2) shall be recorded in the form of a suitable and sufficient scheme to reduce exposure to inhalable dust and shall include—

(a) the adoption of suitable maintenance procedures; and

(b) reducing to the minimum for the work concerned—

(i) the level and duration of exposure, and

(ii) the number of persons subject to exposure.

(4) As soon as is practicable, the manager shall provide the Executive with a copy of the scheme required by paragraph (3) and, thereafter, any significant revision to that scheme.

(5) Respiratory protective equipment provided by an employer in accordance with this regulation shall be suitable for the purpose and shall—

(a) comply with any provision in the Personal Protective Equipment Regulations 2002(1); or

(b) where no provision referred to in sub-paragraph (a) applies, be of a type approved or shall conform to a standard approved, in either case, by the Executive.

(1)

S.I. 2002/1144, to which there are amendments not relevant to these Regulations.