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

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PART VII

DUTIES OF EMPLOYERS AND PARTICIPATION AND DUTIES OF PERSONS AT WORK

Co-operation
     39. Every employer of persons at work at a quarry and every person at work at the quarry shall co-operate with the operator to the extent requisite to enable the operator to comply with the relevant statutory provisions.

Participation of persons at work
    
40.  - (1) It shall be the duty of the operator to make and maintain arrangements which will enable him and those persons who regularly work at the quarry to co-operate effectively in promoting and developing measures to ensure the health, safety and welfare of persons who regularly work at the quarry and in checking the effectiveness of such measures.

    (2) For the purposes described in paragraph (1), a committee of persons with suitable practical experience of quarrying operations may be appointed for the quarry - 

    (a) in a case where there is an association or body representative of a majority of the total number of persons working at the quarry, by that association or body; or

    (b) jointly by associations or bodies which are together representative of such a majority.

    (3) Where an injury or dangerous occurrence which is notifiable under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995[13] occurs at a quarry, the operator shall permit two members of the committee appointed under paragraph (2) to inspect together the place where the injury or dangerous occurrence occurred and, so far as is necessary for ascertaining its cause, any other part of the quarry and any plant, and to take samples of the atmosphere, dust or water at that place.

    (4) The operator of a quarry shall permit sufficient inspections to be carried out by members of the committee appointed under paragraph (2) to enable every part of the quarry and any plant and equipment at the quarry to be inspected once a month by two of those committee members together.

    (5) The operator of a quarry shall permit members of a committee appointed under paragraph (2) who are carrying out an inspection under paragraph (4) to - 

    (a) scrutinise any documents which are kept at the quarry in compliance with the relevant statutory provisions;

    (b) review the risk assessment referred to in regulation 7(1)(a) and the measures referred to in regulation 7(1)(b) and to suggest improvements thereto; and

    (c) be accompanied by their advisers.

    (6) The operator of a quarry shall ensure that any improvements suggested under paragraph (5)(b) are considered and, if they are not accepted, written reasons for this are given to the members of the committee who made the inspection.

    (7) The operator of a quarry and any person nominated by him shall be entitled to accompany the two committee members appointed under paragraph (2) who are carrying out an inspection under paragraph (4) during that inspection.

    (8) Where any two committee members appointed under paragraph (2) have carried out an inspection under paragraph (4), they may make a written report of the matters ascertained as a result of the inspection and, if such a report is made, the two committee members and the operator or any person nominated by him shall sign the report.

    (9) Where a written report is made, a copy of the report signed in accordance with paragraph (8) shall be posted in a conspicuous position at the quarry and kept posted there for 28 days.

Duty of employers of employees at work at a quarry
     41.  - (1) No employer shall employ any person to work at a quarry unless there is an operator.

    (2) Without prejudice to regulation 6, where the employees of more than one employer are at work at a quarry, it shall be the duty of each employer to comply with those relevant statutory provisions which apply to the quarry.

Duty of persons at work at a quarry
    
42. Every person at work at a quarry shall - 

Health surveillance
    
43. An employer of a person at work at a quarry shall ensure, where health surveillance under regulation 5 of the 1992 Regulations is required in respect of any work to which that person is to be assigned, that the health surveillance commences before that person begins to carry out such work.



PART VIII

MISCELLANEOUS AND GENERAL

Record keeping
    
44.  - (1) It shall be the duty of the operator to ensure that - 

    (a) every report or record which is required to be made under these Regulations is in a suitable form and is kept at the quarry or at some other suitable place for at least three years from the date on which the report or record was made unless the provision concerned expressly imposes some other requirement; and

    (b) a copy of the written statement of duties of all persons appointed at the quarry under these Regulations is kept at the quarry or at some other suitable place for at least 12 months after the date on which the appointment ceased to have effect.

    (2) Paragraph (1)(a) shall apply to copies of information notified to the Executive under these Regulations but shall not apply to the record made in accordance with regulation 5(2) by the person entitled to work the quarry.

Notification of quarrying operations
    
45.  - (1) It shall be the duty of the operator to ensure that within 14 days of any of the events specified at paragraphs (a) to (c) of paragraph (2), written notice thereof is given to the Executive.

    (2) The events referred to at paragraph (1) are - 

    (3) Without prejudice to the duty to give notice under paragraph (1) in respect of an event specified at paragraph (2)(b), the operator of every quarry of coal shall, within three months of the date on which the quarry of coal is abandoned, send to the Executive, or a body approved by it, an accurate plan of that quarry.

    (4) Where, in pursuance of paragraph (2), a plan has been sent to the Executive or a body approved by it, that plan shall be retained by the Executive or that body in accordance with arrangements approved by the Executive.

Exemptions
    
46.  - (1) Subject to paragraph (2), the Executive may, by a certificate in writing, exempt any quarry, part of a quarry or class of quarries, any person or class of persons, any plant or class of plant or any operation or class of operations from all or any of the prohibitions and requirements of these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.

    (2) The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to - 

it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.



PART IX

REPEALS, MODIFICATIONS AND REVOCATIONS

Repeals and modifications
    
47.  - (1) The provisions of the 1954 Act specified in column 1 of Part 1 of Schedule 2 are repealed to the extent specified in the corresponding entry in column 3 of that Part.

    (2) The provisions of the 1954 Act specified in column 1 of Part II of Schedule 2 shall not apply to quarries and accordingly those provisions shall be modified to the extent specified in the corresponding entry in column 2 of that Part.

    (3) The provision of the Factories Act 1961[
14] specified in column 1 of Schedule 3 shall be modified to the extent specified in the corresponding entry in column 2 of that Schedule.

    (4) The provisions of the 1969 Act specified in column 1 of Part I of Schedule 4 shall be modified to the extent specified in the corresponding entry in column 2 of that Part.

    (5) The provisions of the 1969 Act specified in column 1 of Part II of Schedule 4 shall not apply to quarries and accordingly those provisions shall be modified to the extent specified in column 2 of that Part.

Revocations and modifications to instruments
     48.  - (1) The instruments specified in column 1 of Part I of Schedule 5 shall be revoked to the extent specified in the corresponding entry in column 3 of that Part.

    (2) The provisions of the instruments specified in column 1 of Part II of Schedule 5 shall be modified to the extent specified in the corresponding entry in column 2 of that Part.



Signed by authority of the Secretary of State


Alan Meale
Parliamentary Under Secretary of State, Department of Environment, Transport and the Regions

12th July 1999



SCHEDULE 1
Regulation 33(1)(a)


CONTENT OF GEOTECHNICAL ASSESSMENTS


Site survey
     1. An accurate plan which should be prepared on a scale not less detailed than 1 2500 showing - 

    (a) the boundaries of the quarry or premises upon which the excavation or tip or proposed excavation or tip is or is to be situated;

    (b) the site of the excavation or tip or proposed excavation or tip;

    (c) any contiguous land or structures which might be affected by the excavation or tip or proposed excavation or tip; and

    (d) all mine workings (whether abandoned or not), buried quarry workings, known cave systems, active or former landslips, springs, artesian wells, watercourses and other natural or man-made features including tunnel pipes or culverts which might affect the safety of the excavation or tip or proposed excavation or tip or which might be relevant for the purpose of determining whether excavation or tipping operations can be carried out safely,

which plan shall be contoured to Ordnance Datum Newlyn at a vertical interval not greater than 5 metres and orientated to and correlated with the Ordnance Survey National Grid and marked with squares corresponding to the 100 metre squares shown on Ordnance Survey sheets on the scale of 1:2500.

Site investigation
     2. A record of all relevant site investigation information including surveys, tests, boreholes and groundwater measurements made for the purpose of the geotechnical assessment together with the results of any testing including the strength of materials within and beneath the tip or within the excavated slope. The record shall include any known historical information relevant to the site investigation.

Cross-sections based on site investigation
     3. Sufficient accurate cross-sections on a scale not less detailed than 1:1250 of the site of the excavation or tip or proposed excavation or tip showing the existing ground surface and all relevant superficial materials and bedrock underlying the said site and - 

    (a) any variation in the thickness, level or character of the superficial deposits and bedrock materials based on the site investigation; and

    (b) the position of any surface whether natural or manmade which may affect the safety of the excavation or tip or proposed excavation or tip.

Plans based on site investigation
     4. Plans showing the position of all boreholes, wells and trial pits used in the site investigation and the location and levels of all materials and surfaces which may affect the safety of the excavation or tip or proposed excavation or tip.

Assumptions made before analysis
     5. A record of any assumptions relevant to the assessment of ground conditions relating to the safety of the excavation or tip made by the geotechnical specialist including a record of any relevant information which was not available when undertaking the assessment.

Findings of analysis
     6. A record of the calculations carried out in order to determine the safety of the excavation or tip, including any variables or parameters used in those calculations and the reasons for using them and the findings of those calculations expressed as the factor of safety or the probability of failure or other recognised basis of assessing stability.

Design coming out of analysis
     7. An accurate plan on a scale not less detailed than 1:2500 recording - 

    (a) in relation to tips or proposed tips, the design of the tip, including the area of land covered or to be covered, the gradients of that land, the designed contours at vertical intervals of not more than 2 metres, the side slopes and boundaries of the tip and the designed position and nature of construction of any wall or other structure retaining or confining the tip; and

    (b) in relation to excavations or proposed excavations, the design of the excavation, including the height or proposed height of the slope, the position and width of any benches and representative contours of the excavation at vertical intervals of not more than 5 metres.

Requirements during and after construction
     8. A record of the nature and extent of inspection, supervision and safety measures necessary to ensure the safety of the excavation or tip and a specification of necessary engineering works and safety measures. A record of the action to be taken regarding defects specified in the report.



SCHEDULE 2
Regulation 47(1) and (2)


REPEALS AND MODIFICATIONS OF THE 1954 ACT




PART I

REPEALS

Column 1 Column 2 Column 3
Provision Description Extent of repeal
Section 1 General duties of quarry owners The whole section
Section 98 Appointment of quarry managers The whole section
Section 99 General powers and duties of quarry managers The whole section
Section 100 Power of quarry owner to exclude matters from manager's control The whole section
Section 101 Rights of quarry manager with respect to instructions given by or on behalf of owner The whole section
Section 102 Temporary appointments during vacancy in office of quarry manager The whole section
Section 103 Supervision by quarry managers The whole section
Section 105 Duties of quarry managers and owners with respect to reading of reports, & c. The whole section
Section 107 Notification to district inspector of appointments by quarry owners The whole section
Section 108 Provisions for securing safe methods of working The whole section
Section 109 Safe means of access to working places The whole section
Section 110 Provisions relating to use of ropeways and vehicles The whole section
Section 111 Lighting The whole section
Section 113 Withdrawal of workmen in cases of danger The whole section
Section 115 Application of certain provisions of Part III of this Act The whole section
Section 123 Inspections of mines and quarries on behalf of workmen employed thereat Paragraph (b)(ii) of subsection (5) Paragraph (b) of subsection (6)
Section 133 Form of official books and preservation and inspection of entries therein The whole section
Section 134 Records of certain appointments The whole section
Section 135 Provision of copies of this Act and other instruments The whole section
Section 136 Posting of notices The whole section
Section 139 Notification of beginning and ending of certain mining and quarrying operations The whole section
Section 140 Notification of change of ownership or name of mine or quarry The whole section
Section 152 Offences Subsection (2)
Section 162 Removal or defacement of notices, & c. The whole section
Section 169 Demarcation of quarries The whole section
Section 180 Meaning of "mine" and "quarry" Subsection (2) Paragraph (b) of subsection (3)
Section 181 Meaning of "owner" Subsections (2) and (3)
Section 182 General interpretation provisions Paragraphs (b) and (c) of subsection (3)
Section 184 Relationship of Factories Act and this Act in case of certain premises The whole section



PART II

PROVISIONS OF THE 1954 ACT NOT TO APPLY TO QUARRIES AND EXTENT OF CONSEQUENT MODIFICATIONS

Column 1 Column 2
Provision Extent of modification
Sections 123(2), 123(3), 123(4), 123(5), 123(7), 123(8), 150(3), 154(1), 157, 159, 160, 165, 171, 181(1), 181(4) and 193 Omit the words "or quarry" wherever they occur.
Section 123 In subsection (1), omit the words "or quarry" wherever they occur and the words "or, as the case may be, of quarrying".
  In subsection (5), omit the words "or quarry" wherever they occur.
  In subsection (6), omit the words "or quarry" wherever they occur and in paragraph (a), omit the word "and".
Section 137 Omit the words "or quarries", "and quarry" and "or quarry" wherever they occur.
Section 152 In subsection (3), the words - 

    " and in the event of a contravention, in relation to a quarry, by a person other than one mentioned in subsection (2) of this section, of such a provision as is mentioned in paragraph (a) of that subsection, or such a requirement or prohibition as is mentioned in paragraph (d) of that subsection, whereby there is expressly imposed on that person or on persons of a class to which he belongs a duty or requirement or he or persons of a class to which he belongs or all persons are expressly prohibited from doing a specified act, the person who contravened that provision, as well as the persons mentioned in the said subsection (2), shall be guilty of an offence"

shall be omitted.

  In subsection (4), omit the words "or quarry" wherever they appear and omit the words "nor a manager of a quarry as such,", "or a manager of a quarry", "or (2)" and "or of a contravention of section three or one hundred and one of this Act".
  In paragraph (a) of subsection (4), omit the word "or" appearing after the semi-colon.
  In paragraph (b) of subsection (4), insert the word "or" after the semi-colon.
  In paragraph (c) of subsection (4), for the word "subsections", substitute the word "subsection" nd omit the words "and (2)".
Section 156 The words "or (2)" shall be omitted.
  In paragraph (c), omit the words "or quarry" and "or quarries".
Section 166 Omit the words "and quarries" wherever they occur and after the word "factories", insert the word "and".
Section 170 In subsection (1), omit the words "or the owner or manager of a quarry".
  In paragraph (c) of subsection (3), omit the words "or quarry".
Section 176 In subsection (1), omit the words "or quarries" and "or quarry" wherever they occur.
Section 179 In this section, omit the words "and quarries".
Section 180 In subsection (3), omit the words "or quarry" wherever they occur.
  In subsections (4), (5) and (6), omit the words "or quarry" and "or quarries" wherever they occur.
Section 182 In subsection (1), in paragraph (d) of the definition of "contravention", omit the words "or quarries" and "or quarry".
  In the definition of "inspector", omit the words "or quarry" wherever they appear.
  In the definition of "responsible person", omit the words "and, in relation to a quarry, the owner thereof".




SCHEDULE 3
Regulation 47(3)


MODIFICATIONS OF THE FACTORIES ACT 1961


Column 1 Column 2
Provision Extent of modification
Section 174 Subsection (1) shall be omitted and replaced with the following - 

    " None of the provisions of this Act shall apply to any premises forming part of a quarry."




SCHEDULE 4
Regulation 47(4)


MODIFICATIONS OF THE 1969 ACT




PART I

MODIFICATIONS

Column 1 Column 2
Provision Extent of modification
Section 2 In subsection (1), after the words "In this Act", insert the words "except in this Part where the words "or quarry" shall be omitted,".
  In subsection (2), the words "this Part of" shall be omitted.
  In paragraph (a) of subsection (2), before the word "quarry" insert the words "for the purposes of Part II of this Act" and, at the end of the paragraph, insert the words "as in force immediately before the coming into force of the Quarries Regulations 1999".
  In paragraph (b) of subsection (2), before the word "quarry" wherever it occurs, insert the words "for the purposes of Part II of this Act".
Section 10 In this section, omit the words "or quarry" and "or quarries" wherever they occur.
  In subsection (3), insert the words "Subject to subsection (4)" before the words "Any reference in".
  The following subsection shall be inserted after subsection (3) - 

    " (4) For the purposes of Part II of this Act, subsection (2) shall be read as applying to quarries as it does to mines and references to "the principal Act" in paragraphs (a) and (b) of that subsection shall be read as references to that Act as in force immediately before the coming into force of the Quarries Regulations 1999.".




PART II

Regulation 47(5)

PROVISIONS OF THE 1969 ACT NOT TO APPLY TO QUARRIES AND EXTENT OF CONSEQUENT MODIFICATIONS

Column 1 Column 2
Provision Extent of modification
Section 2 In subsections (3) and (5), omit the words "or quarry" wherever they occur.
Section 3 In subsection (1), omit the words "and of the owner and of any manager of every quarry".
  In subsection (2), omit the words "Neither", "nor a manager of a quarry as such", "or subsection (2)" and, wherever they occur, "or quarry" and "or quarries" and insert after the words "the manager of a mine as such shall" the word "not".
  In subsection (3), omit the words "and the expression "manager", in relation to a quarry, includes any person who is for the time being treated for the purposes of that Act as a manager of the quarry".
  In subsection (4), omit the words "or quarry".
  In subsection (5), omit the words "or, as the case may be, the manager of the quarry".
Section 4 Omit the words "or quarry" wherever they occur.
Section 5 In subsection (1), omit the words "or quarry" and "or, as the case may be, the owner of the quarry".
  In subsection (2), omit the words "or quarry" and "or the owner of the quarry".
  In subsection (3), omit the words "or, as the case may be, the owner of the quarry concerned,".
  In subsection (6), omit the words "or quarry" wherever they occur and the words "and the owner of every quarry".
  In subsection (7), omit the words "or the owner of a quarry" and "or quarry".
Section 6 In subsection (1), omit the words "or quarry".
  In subsection (3), omit the words "or quarry".
  In subsection (4), omit paragraph (a).
Section 7 In this section, omit the words "or quarry" wherever they occur.






Notes:

[13] S.I. 1995/3163 to which there are amendments not relevant to these Regulations.back

[14] 1961 c.34 to which there are amendments not relevant to these Regulations.back



 
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