Inspection, maintenance and testing
39.—(1) The mine operator must—
(a)make arrangements for the systematic inspection, maintenance and (where appropriate) testing by competent persons of—
(i)shafts;
(ii)their linings and fixtures; and
(iii)winding apparatus;
(b)prepare and keep up to date a suitable written scheme for the inspection, maintenance and testing required by sub-paragraph (a);
(c)appoint sufficient competent persons to undertake the activities required by this regulation;
(d)ensure that, where appropriate, suitable written reports are made of inspections and that each report records significant defects and the steps taken, or proposed to be taken, to remedy them; and
(e)ensure that any proposed steps in a report are taken, provided they are appropriate.
(2) The mine operator must ensure that, when winding apparatus is installed or modified, the apparatus is not used for the transport of persons unless—
(a)it has been inspected by a competent person;
(b)it has been found to be safe to use; and
(c)a written report has been made confirming that it is safe to use.