Statutory Instruments 1999 No. 2024
The Quarries Regulations 1999
- continued

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PART III

RISK CONTROL

Inspection
     12.  - (1) The operator shall - 

    (a) prepare and keep up to date a suitable written scheme for the systematic inspection, maintenance and, where appropriate, testing of - 

      (i) all parts of the quarry,

      (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);

    (b) ensure that, where appropriate, suitable written reports are made of inspections, maintenance and tests carried out in pursuance of sub-paragraph (a) and that each report records significant defects and the steps taken to remedy them and - 

      (i) is signed by the person making it, and

      (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 - 

    (a) every place of work at the quarry; and

    (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.

    (3) In this regulation, "inspection" means such visual or more rigorous inspection by a competent person as is appropriate for the purpose.

Benches and haul roads
    
13. The operator shall ensure, so far as is reasonably practicable, that - 

Rules controlling risk from vehicles
    
14. The operator shall make suitable and sufficient rules (known in these Regulations as the "vehicles rules") which shall lay down in writing measures designed to control the risks to persons at the quarry arising from the use of vehicles at the quarry.

Escape and rescue facilities at the quarry
    
15. The operator shall ensure that - 

Barriers
    
16. The operator shall ensure that, where appropriate, a barrier suitable for the purpose of discouraging trespass is placed around the boundary of the quarry and is properly maintained.



PART IV

ADDITIONAL HEALTH AND SAFETY REQUIREMENTS

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 - 

    (a) the carrying out of hazardous operations; or

    (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.

    (2) Such permits to work shall specify - 

    (a) the conditions to be fulfilled; and

    (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.

    (3) Such permits to work shall be - 

    (a) issued, signed and dated by a suitable person in the management structure; and then

    (b) accepted, signed and dated by a further suitable person.

Safety drills
    
19.  - (1) The operator shall ensure that safety drills are held at regular intervals for persons at work at the quarry.

    (2) Such safety drills shall be for the following purposes - 

Fire and explosion hazards
    
20.  - (1) The operator shall ensure that no person at work at the quarry uses a naked flame or carries out any work which could give rise to a risk of an unintended explosion or fire unless sufficient measures to prevent such an explosion or fire are taken.

    (2) No person shall smoke in any part of a quarry where there is a risk of fire or explosion.

Control of harmful and explosive atmospheres
    
21.  - (1) It shall be the duty of the operator to ensure that - 

    (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 - 

    (a) appropriate and sufficient breathing and resuscitation equipment is available; and

    (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.

Danger areas
     22. The operator shall ensure that - 

Lighting
    
23. The operator shall ensure that every part of a quarry in which a person is likely to be exposed to risks in the event of the failure of artificial lighting is provided with emergency lighting of adequate intensity and where that is impractical persons at work in that place shall be provided with a personal lamp.



PART V

EXPLOSIVES

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 - 

    (a) ensure, so far as is reasonably practicable, that all explosives are stored, transported and used safely and securely;

    (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 - 

    (a) suitable and sufficient rules are made which lay down in writing procedures for - 

      (i) shotfiring operations at the quarry,

      (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

    (c) a copy of the specification referred to in sub-paragraph (b) is given to any person upon whom it imposes duties.

    (3) The operator shall ensure that operations involving the storage, transport or use of explosives are carried out by - 

    (a) a duly authorised and competent person; or

    (b) a trainee under the close supervision of a duly authorised and competent person.

    (4) The operator shall ensure that - 

    (a) such facilities and equipment as are necessary to enable shotfiring operations to be carried out safely are provided;

    (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).

Supervision of shotfiring operations and trainee shotfirers and records of appointment
    
26.  - (1) The operator shall take all reasonable steps to ensure that - 

    (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.

Shotfirer's duties
    
27. Before a shot is fired, a shotfirer shall - 

Misfires
    
28. In the event of a misfire the operator shall (if this is not the same person) consult the individual appointed under regulation 8(1)(c) and shall ensure, so far as is reasonably practicable, that - 

Prohibited activities
    
29.  - (1) No person (other than a person engaged in the transport of explosives to or from the quarry, a shotfirer, trainee shotfirer, a person authorised to handle explosives at a quarry, or a person appointed to be in charge of the explosives store) shall handle explosives at a quarry.

    (2) No person shall bring any substance or article (other than explosives) likely to cause an unintended explosion or fire within 10 metres of any explosives or (except for the purpose of lighting igniter cord or safety fuse) take any naked flame within 10 metres of any explosives.

    (3) No person shall forcibly remove any detonator lead, safety fuse or other system for initiating shots from a shothole after the shothole has been charged and primed.

    (4) No person shall charge or fire a shot - 

    (5) No person shall fire a shot - 

    (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.



PART VI

EXCAVATIONS AND TIPS

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 - 

    (a) instability; or

    (b) movement,

which is likely to give rise to a risk to the health and safety of any person is avoided.

Excavations and tips rules
    
31. The operator shall ensure that suitable and sufficient rules (known in these Regulations as the "excavations and tips rules") are made to ensure the safe construction and operation of excavations and tips and such rules shall in particular specify the following matters - 

Appraisal of excavations and tips
    
32.  - (1) The operator shall ensure that a suitable and sufficient appraisal of all proposed or existing excavations or tips at the quarry is undertaken by a competent person in order to determine whether any such excavation or tip is a significant hazard.

    (2) The operator shall ensure that - 

    (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 - 

    (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.

Meaning of "geotechnical assessment" and operator's duties in relation to geotechnical assessments
    
33.  - (1) For the purposes of these Regulations, a "geotechnical assessment" means an assessment carried out by a geotechnical specialist identifying and assessing all factors liable to affect the stability and safety of a proposed or existing excavation or tip and shall include - 

    (2) The operator shall ensure that - 

    (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.

    (4) The operator shall ensure that any remedial works identified during the geotechnical assessment in accordance with paragraph (1)(c) are undertaken by the date specified.

Operator's duties in relation to excavations and tips which are a significant hazard ("notifiable" excavations and tips)
    
34.  - (1) Where the conclusion recorded by a geotechnical specialist in accordance with regulation 33(1)(b) following a geotechnical assessment of a proposed or existing excavation or tip is that the excavation or tip represents a significant hazard by way of instability or movement, the operator shall ensure, subject to regulation 33(1)(d), that the said excavation or tip is subject to a further geotechnical assessment at least every two years.

    (2) Without prejudice to paragraph (1), where, in relation to an excavation or tip which falls within paragraph (1) there is any reason - 

the operator shall ensure that a further geotechnical assessment is undertaken as soon as is reasonably practicable.

    (3) For the purposes of these Regulations, excavations and tips falling within paragraph (1) shall be known as "notifiable excavations" and "notifiable tips" respectively.

Operator's duties in relation to excavations and tips which are not a significant hazard
    
35. Where the conclusion reached by a geotechnical specialist in accordance with regulation 33(1)(b) following a geotechnical assessment of a proposed or existing excavation or tip is that it presents no significant hazard, the operator shall ensure that - 

Duty to keep record of substances tipped
    
36. The operator shall ensure that sufficient records are kept of the nature, quantity and location of all substances accumulated or deposited at a notifiable tip to enable an accurate assessment of the stability of that tip to be made.

Notification of excavations and tips
    
37.  - (1) Subject to paragraph (2), the operator shall in relation to any - 

    (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.

    (3) The 30 days notice referred to in paragraph (1) shall be given - 

    (4) The following information shall be included in any notice given by the operator in accordance with paragraph (1) - 

    (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.

Transitional provisions
    
38. Where, at the coming into force of these Regulations, a report has been obtained in accordance with regulations 9(2)(a), 12(1) or 18(1) of the 1971 Regulations and is less than two years old, that report shall be treated as a geotechnical assessment for the purpose of regulation 32(4) of these Regulations and shall remain valid for a maximum of two years from the date when it was first made.






Notes:

[12] S.I. 1992/3139; amended by S.I. 1993/3074, 1994/2326, 1996/3039.back



 
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