The Coal Mines (Control of Inhalable Dust) Regulations 2007
| Year | 2007 |
2007 No. 1894
health and safety
The Coal Mines (Control of Inhalable Dust) Regulations 2007
Made 29th June 2007
Laid before Parliament 6th July 2007
Coming into force 1st October 2007
The Secretary of State makes the following Regulations in exercise of the powers conferred upon him by sections 15(1), (2), (3)(a) and (b), (4), 5(b) and 6(b) and 82(3)(a) of, and paragraphs 1(1), (2) and (4), 4(1), 6, 8, 9, 11, 13(1) and (3), 14, 15, 16, 18(a) and 20 of Schedule 3 to, the Health and Safety at Work etc. Act 19741(“the 1974 Act”). In doing so, he gives effect without modification to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the Commission of consultation in accordance with section 50(3) of that Act.
Citation and Commencement
1. These Regulations may be cited as the Coal Mines (Control of Inhalable Dust) Regulations 2007 and shall come into force on 1st October 2007.
Interpretation
2. In these Regulations—
“the 1954 Act” means the Mines and Quarries Act 19542;
“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 19933;
“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.
Application
3.—(1) Subject to paragraph (2), these Regulations shall have effect with a view to protecting persons at work below ground in coal mines against a risk to their health arising from exposure to inhalable dust of mineral origin.
(2) These Regulations shall not apply to a tourist mine.
Assessment of the risk to health created by work involving exposure to inhalable dust
4.—(1) No manager shall permit work to be carried out which is liable to expose persons to inhalable dust until—
(a)
(a) he, or a person appointed by him with competence in underground mining practice and sampling techniques, has made a suitable and sufficient assessment of—
(i) the risk created by that work to the health of those persons; and
(ii) the steps that need to be taken to meet the requirements of these Regulations; and
(b)
(b) the steps referred to in sub-paragraph (a)(ii) have been implemented.
(2) The risk assessment shall include consideration of —
(a)
(a) the hazardous properties of inhalable dust likely to occur in the mine;
(b)
(b) the level, type and duration of exposure;
(c)
(c) the circumstances of the work, including changes in the nature of the work from one shift to the next and differing shift lengths;
(d)
(d) activities where there is the potential for a high level of exposure;
(e)
(e) the relevant exposure control limits;
(f)
(f) the effect of preventive and control measures which have been or will be taken in accordance with regulation 5;
(g)
(g) the results of relevant health surveillance;
(h)
(h) the results of any relevant sampling of exposure; and
(i)
(i) such additional information as the manager may need in order to complete the risk assessment.
(3) The risk assessment shall be reviewed regularly, and forthwith if—
(a)
(a) there is reason to suspect that the risk assessment is no longer valid;
(b)
(b) there has been a significant change in the work to which the risk assessment relates; or
(c)
(c) the results of any sampling carried out in accordance with regulation 8 show it to be necessary,
and where, as a result of the review, changes to the risk assessment are required, those changes shall be made.
(4) The manager shall ensure that—
(a)
(a) the significant findings of the risk assessment; and
(b)
(b) the steps referred to in paragraph (1)(a)(ii),
are recorded.
(5) Within one month of the commencement of work, the manager shall ensure that the results of the risk assessment have been validated by the taking and subsequent evaluation of suitable and sufficient air samples.
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)
(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)
(b) the control of exposure at source, including adequate local ventilation systems and appropriate organizational measures;
(c)
(c) the control of the working environment, including general ventilation; and
(d)
(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)
(a) the adoption of suitable maintenance procedures; and
(b)
(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)
(a) comply with any provision in the Personal Protective Equipment Regulations 20024; or
(b)
(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.
Use of control measures etc.
6.—(1) Every manager who provides any control measure, other thing or facility in accordance with the scheme required by regulation 5(3), shall take all reasonable steps to ensure that it is properly used or applied as the case may be.
(2) Every employee shall make full and proper use of any control measure, other thing or facility provided in accordance with the scheme required by regulation 5(3) and, where relevant, shall—
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