| Statutory Instruments 1999 No. 2024 The Quarries Regulations 1999 - continued |
|
Inspection 12. - (1) The operator shall -
(ii) all buildings (whether temporary or permanent) at the quarry, and (iii) any plant at the quarry,
with a view to securing the health and safety of those persons identified in regulation 7(1)(b)(i) and (ii);
(ii) countersigned by an appropriate person in the management structure; and
(c) ensure that a sufficient number of competent persons are appointed to undertake the activities referred to in sub-paragraphs (a) and (b).
(2) Without prejudice to the generality of paragraphs (1)(a) and (b), the said written scheme shall specify that faces above -
(b) every road used by persons at work at the quarry for the purpose of their work or of getting to or from their place of work,
are inspected for loose ground or loose rocks before any work at the quarry commences or re-commences.
(b) where necessary, effective precautions are taken, by the installation of barriers or otherwise, to prevent vehicles or plant accidentally leaving any bench or haul road.
Rules controlling risk from vehicles
(b) adequate means of communication and warning are provided to enable assistance, escape and rescue operations to be launched at once when required; (c) written instructions concerning the use of emergency equipment and the action to be taken in the event of an emergency at or near the quarry are prepared; (d) persons at work at the quarry are trained in appropriate action to be taken in the event of an emergency; and (e) rescue equipment is provided at readily accessible, appropriately sited and clearly sign-posted places and kept ready for use.
Barriers Compliance with Part IV 17. The operator shall ensure that regulations 18 to 23 are in each case complied with as appropriate having regard to the features of the quarry, the nature and circumstances of the work carried on there or to a specific risk. Permits to work 18. - (1) The operator shall ensure that a system is in place so as to ensure that any work involving -
(b) usually straightforward operations which may interact with other activities to cause serious hazards,
is not carried out unless a permit to carry out that work has been issued.
(b) the precautions to be taken before, during and after the operation concerned,
in order to ensure, so far as is reasonably practicable, the health and safety of any person affected by that operation.
(b) accepted, signed and dated by a further suitable person.
Safety drills
(b) to train and check the skills of such persons to whom specific duties involving the use, handling or operation of such equipment have been assigned in the event of an emergency.
Fire and explosion hazards
(b) automatic devices designed to -
(ii) trigger an alarm if such concentration reaches a dangerous level, and (iii) cut off power to any plant which, because of the concentration of such gases in the atmosphere, gives rise to a risk to the health and safety of any person,
are provided;
(ii) preventing the ignition of such an atmosphere; and
(e) at any place in the quarry where there is a risk of the occurrence or accumulation of a substance harmful to health in the atmosphere, appropriate measures are taken in order to -
(ii) extract or disperse that harmful substance,
in such a way that persons are not placed at risk.
(2) Without prejudice to the requirements of the Personal Protective Equipment Regulations 1992[12], the operator shall ensure that whenever persons at work are present at any place in the quarry where they may be exposed to a substance harmful to health in the atmosphere -
(b) a sufficient number of persons trained in the use of such equipment is present.
(3) The operator shall ensure that the equipment referred to at paragraph (2)(a) is suitably stored and maintained.
(b) equipment or barriers designed to prevent inadvertent entry by any unauthorised person are installed at any danger area in the quarry in which, because of the nature of the work being carried out there or for any other reason there is -
(ii) risk of a person being struck by a falling object likely to cause personal injury, or (iii) a significant risk to the health and safety of persons; and
(c) where any person at work is authorised to enter a danger area, appropriate measures are taken to protect his health and safety.
Lighting Application of this Part 24. This Part shall apply to the storage, transport and use of explosives at a quarry. Operator's duties 25. - (1) The operator shall -
(b) appoint one or more competent individuals to organise and supervise all work at the quarry involving the use of explosives ("the Explosives Supervisor"); and (c) ensure that at no time is there more than one person acting as the Explosives Supervisor at the quarry.
(2) It shall be the duty of the operator to ensure that -
(ii) appointing shotfirers, trainee shotfirers and storekeepers, (iii) authorising other persons who will be involved with the storage, transport or use of explosives, (iv) dealing with misfires, and (v) ensuring, so far as is reasonably practicable, that such rules are complied with;
(b) an adequate written specification (whether produced by him or not) is prepared for each shotfiring operation at the quarry to ensure, so far as is reasonably practicable, that when such firing occurs it will not give rise to danger; and
(3) The operator shall ensure that operations involving the storage, transport or use of explosives are carried out by -
(b) a trainee under the close supervision of a duly authorised and competent person.
(4) The operator shall ensure that -
(b) any vehicle which is provided for use in relation to shotfiring operations is so marked as to be readily identifiable from a distance; (c) detonators are stored in separate containers from other explosives; and (d) explosives are kept at all times either in a locked explosives store or under the constant supervision of a suitable person.
(5) The operator shall ensure, so far as is reasonably practicable, that each shotfiring operation is carried out safely and in accordance with the rules required to be made in pursuance of paragraph (2)(a) and any specification required to be prepared in pursuance of paragraph (2)(b).
(b) all shotfiring operations are carried out under the close personal supervision of the shotfirer.
(2) The operator shall ensure that a record of the appointment at the quarry of any shotfirer or trainee shotfirer is kept at a suitable place until three years after that shotfirer's or, as the case may be, trainee shotfirer's employment at the quarry ends.
(b) where electrical detonators are used, ensure that they have been correctly connected to the shotfiring system or circuit and that the shotfiring system or circuit is tested with an instrument suitable for the purpose from a position of safety; (c) where appropriate, ensure that the electrical integrity of the shotfiring system or circuit is such as to make a misfire unlikely; and (d) ensure that the shot is fired from a safe place.
Misfires
(ii) where the shot was fired by other means, until a period of 5 minutes has elapsed since the misfire and any shotfiring apparatus has been disconnected from the shot;
(b) appropriate steps are taken to determine the cause of and to deal with the misfire; and
Prohibited activities
(b) in a shothole which has previously been fired, unless he is dealing with a misfire in accordance with action taken in pursuance of regulation 28(b); or (c) in any tunnel or other excavation (not being merely a shothole) in the face or side of the quarry for the purpose of extracting minerals or products of minerals.
(5) No person shall fire a shot -
(b) other than by means of a suitable exploder or suitable safety fuse.
(6) No person shall cap a safety fuse with a detonator unless he is using equipment designed for the purpose and he is in a suitably sheltered place designated by the operator for the purpose. General duty to ensure safety of excavations and tips 30. The operator shall ensure that excavations and tips are designed, constructed, operated and maintained so as to ensure that -
(b) movement,
which is likely to give rise to a risk to the health and safety of any person is avoided.
(b) the nature and extent of supervision of such activities; and (c) the precautions to be taken during such activities to ensure the health and safety of any person and the safety and stability of the excavation or tip.
Appraisal of excavations and tips
(b) the said competent person signs and dates any such record; and (c) the record made in accordance with sub-paragraph (a) is made available to each employer of persons at work at the quarry and to all persons at work at the quarry.
(3) Where the conclusion reached by the competent person following an appraisal made pursuant to paragraph (1) is that the excavation or tip presents no significant hazard, the operator shall ensure that a competent person carries out further such appraisals -
(b) whenever there is any reason to suspect that there has been or will be a significant change to -
(ii) any neighbouring land which may be affected by movement by or instability of the excavation or tip to which the appraisal relates; and
(c) whenever there is any reason to doubt the validity of the conclusion of the current appraisal.
(4) Where the conclusion reached by the competent person following an appraisal made pursuant to paragraph (1) is that the excavation or tip represents a significant hazard, the operator shall ensure that a geotechnical assessment is carried out in accordance with the requirements of regulation 33 as soon as is reasonably practicable.
(b) the conclusion of the said geotechnical specialist as to the safety and stability of the proposed or existing excavation or tip being assessed, including his conclusions as to whether the said excavation or tip represents a significant hazard by way of instability or movement; (c) where appropriate, the conclusion of the said geotechnical specialist as to whether any remedial work is required in relation to the excavation or tip being assessed and the date by which such work should be completed; (d) where appropriate, the conclusion of the said geotechnical specialist as to the date by which the next geotechnical assessment should take place; and (e) consideration by the said geotechnical specialist of the excavations and tips rules.
(2) The operator shall ensure that -
(b) the said geotechnical specialist signs and dates any such record and records his professional qualifications thereon.
(3) The operator shall ensure that any information available to him which may be relevant for the purposes of a geotechnical assessment is made available to the geotechnical specialist undertaking that assessment.
(ii) any neighbouring land which may be affected by movement by or instability of the excavation or tip; or
(b) to doubt the validity of the conclusion of the current assessment,
the operator shall ensure that a further geotechnical assessment is undertaken as soon as is reasonably practicable.
(b) a record of that specification is made.
Duty to keep record of substances tipped
(b) notifiable excavation; or (c) notifiable tip other than a notifiable tip which was -
(ii) in respect of which notice has been given in accordance with regulation 8(1) of those Regulations,
give not less than 30 days notice (or such shorter period as the Executive may permit) to the Executive of his intention to commence or, in relation to excavations and tips falling within sub-paragraphs (b) and (c), continue, operations.
(2) Paragraphs (1)(b) and (1)(c) shall not apply to an excavation or tip in relation to which notice of intention to commence operations has previously been given.
(b) in the case of excavations and tips falling within paragraphs (1)(b) and (1)(c), as soon as possible after the date on which the operator is notified of the geotechnical specialist's conclusions, reached in accordance with regulation 33(1)(b).
(4) The following information shall be included in any notice given by the operator in accordance with paragraph (1) -
(b) in relation to excavations and tips falling within paragraphs (1)(b) and (1)(c), the conclusions reached by the geotechnical specialist carrying out the geotechnical assessment in accordance with paragraphs (1)(b), (c) and (d) of regulation 33.
(5) Where the conclusion reached by a geotechnical specialist during the geotechnical assessment of an excavation or tip which has, in accordance with regulation 34(1), been subject to a geotechnical assessment at least every two years is that the excavation or tip no longer presents a significant hazard by way of instability or movement, the operator shall give notice of that conclusion and the reasons for that conclusion to the Executive within two months of the geotechnical assessment. Notes: [12] S.I. 1992/3139; amended by S.I. 1993/3074, 1994/2326, 1996/3039.back
|
| |
| Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland | Her Majesty's Stationery Office | |
| We welcome your comments on this site | © Crown copyright 1999 | Prepared 2 August 1999 |