S.I. No. 273/1956 - Metalliferous Mines (General) Regulations, 1956.

S.I. No. 273 of 1956.

METALLIFEROUS MINES (GENERAL) REGULATIONS, 1956.

I, WILLIAM NORTON, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 86 of the Coal Mines Act, 1911, as adapted by the Adaptation of Enactments Act, 1922 (No. 2 of 1922), and as applied to metalliferous mines by section 19 of the Mining Industry Act, 1920, hereby, after due compliance with the provisions of Part I of the Second Schedule to the Coal Mines Act, 1911, make the following general regulations :—

PART I. PRELIMINARY AND GENERAL

1 Short title and commencement.

1. (1) These Regulations may be cited as the Metalliferous Mines (General) Regulations, 1956.

(2) These Regulations shall, save as otherwise hereinafter provided, come into operation on the 12th day of November, 1956.

2 Application of Interpretation Act, 1937 .

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

3 Definitions.

3. In these Regulations, unless the context otherwise requires—

" the Acts " means the Metalliferous Mines Regulation Acts, 1872 and 1875, and the Mining Industry Act, 1920 ;

" the Regulations " means the general regulations for the time being in force with respect to the mine ;

" special rules " means special rules established for, and for the time being in force at, the mine under section 24, 25, 26 or 27 of the Metalliferous Mines Regulation Act, 1872 ;

" inspector " means an inspector appointed under section 15 of the Metalliferous Mines Regulation Act, 1872 ;

" mine " means any mine to which the Metalliferous Mines Regulation Acts, 1872 and 1875, apply, but, by virtue of sub-section (2) of section 19 of the Mining Industry Act, 1920, does not include any part of the premises on which any manufacturing process, other than a process ancillary to the getting, dressing or preparation for sale of minerals is carried on ;

" owner " when used in relation to any mine, means any person or body corporate who is the immediate proprietor or lessee or occupier of any mine or of any part thereof, and does not include a person or body corporate who merely receives a royalty, rent or fine from a mine, or is merely the proprietor of a mine subject to any lease, grant or licence for the working thereof, or is merely the owner of the soil and not interested in the minerals of the mine ;

" agent " when used in relation to any mine, means any person having on behalf of the owner, care or direction of any mine, or of any part thereof

" the Minister " means the Minister for Industry and Commerce.

4 Applications of these Regulations.

4. (1) These Regulations shall apply to every mine and shall be in substitution for the general rules contained in section 23 of the Metalliferous Mines Regulation Act, 1872.

(2) These Regulations shall be in addition to and not in diminution of special rules.

PART II SAFETY (GENERAL PROVISIONS).

5 Shafts and outlets.

5. (1) The Minister may, if he considers it necessary for the safety of the persons employed, require the provision of at least two shafts or outlets, so that two separate means of ingress and egress shall be available to the persons employed in the mine, whether the shafts or outlets belong to the same mine or to more than one mine. If the owner or agent of the mine disputes the reasonableness of this requirement the matter shall be determined by arbitration in manner provided for under the Metalliferous Mines Regulation Act, 1872.

(2) If the only means of ingress and egress available to the persons employed in the mine consists of a single shaft, such shaft shall be fitted with a compartment separated throughout by a substantial partition from that part of the shaft in which persons are ordinarily lowered and raised, and the compartment shall be provided with ladders or other satisfactory means of egress independent of the main winding apparatus.

(3) (a) A ladder ordinarily used for the ascent or descent of persons shall not be fixed in a vertical or overhanging position, and shall be inclined at the most convenient angle which the available space allows. Every such ladder shall have substantial platforms at intervals of not more than ten yards and unless strong hand-holds are provided shall project at least three feet above the platform or top of the shaft.

(b) In a shaft every ladder shall be securely fastened to the timbering or sides of the shaft and each platform shall be securely fenced.

(4) Guides shall be provided in the case of every working shaft over fifty yards in depth, and, in the case of every shaft in the course of being sunk, over one hundred yards in depth, unless a written exemption is given by the Minister.

(5) Keps for supporting the cage when at rest shall be provided at the surface but shall not be provided at any intermediate landings in the shaft. The keps provided at the surface and also the keps (if any) provided at the bottom of the shaft shall be used when persons are entering or leaving the cage.

(6) Every cage, skip or gig which is used for lowering or raising tubs or wagons shall be provided with catches or other suitable contrivances to prevent them from falling out.

(7) Every cage, skip or gig used for lowering or raising persons shall be covered in completely at the top and closed in at the two sides so as to prevent persons or things from projecting beyond the sides, and shall be provided with suitable gates at the ends and with a rigid bar fixed in a position where it can be easily reached.

(8) In a sinking shaft and at other shafts where persons may be underneath, or if it otherwise appears requisite, the tub or bucket shall be kept steady and no stones or loose material shall be allowed above the level of the top of it or to adhere to the bottom before it is sent away. Tools, materials or other gear shall be safely slung or be loaded into an empty tub or bucket and, if they project above its rim, they shall be securely fastened to the bow or chains supporting the tub or bucket.

(9) Every working shaft and every shaft in the course of being sunk shall, if exceeding twenty-five yards in depth, be provided with some proper means of communicating distinct and definite signals from and to the bottom of the shaft and from and to every entrance for the time being in use between the surface and the bottom of the shaft, to and from the surface, and the owner or agent shall prescribe the signals to be used.

(10) There shall be in attendance at the top of every shaft by which persons are about to be lowered or raised in a mine, a competent person (hereinafter referred to as the banksman) for the purpose of giving and receiving signals. All signals, other than those relating to underground haulage, transmitted to the surface shall be transmitted simultaneously to the engineman and to the banksman.

(11) No person shall give any signal unless he is authorised in writing by the owner or agent to do so.

(12) Where there are entrances into the workings from the shaft at different levels, the owner or agent shall prescribe the signals to be used to indicate the level to which the cage, skip or gig is to be sent and in respect of its movements between one level and another level, and shall fix any other signals that may be required.

(13) A notice shall be posted in the engine house and at the shaft top and at each entrance into the workings from the shaft containing the signals prescribed in pursuance of paragraph (9) of this Regulation.

(14) Where the natural strata are not safe, every working or pumping shaft and every such shaft in the course of being sunk shall be securely eased, lined or otherwise made secure.

6 Banksman, onsetter etc.

6. (1) As long as more than fifteen persons are below ground in the mine the banksman shall always be in attendance for the purpose of giving and receiving signals, unless a written exemption is given by an inspector.

(2) When persons are being lowered or raised the banksman or onsetter, as the case may be, shall not signal the cage away until the gates with which it is provided are effectively in position.

(3) No minerals, tubs or wagons, timber or other such materials shall be lowered or raised while persons are being lowered or raised in the same shaft or outlet, whether in the same cage or not. This paragraph shall not apply in the case of men working in the shafts or outlets, or in the case of men accompanying animals or bulky materials that cannot be lowered or raised in a cage, or in the case of the owner or agent, or any person specially authorised by the owner or agent other than the workmen employed in the mine.

(4) The maximum number of persons allowed to be carried at one time in any cage or, where it has more than one deck, on each deck of such cage, shall be determined by the owner or agent and indicated in a notice which shall be kept posted up at the top and bottom of the shaft or outlet and at every entrance for the time being in work between the top and bottom of the shaft or outlet, and no person shall be carried in a cage loaded with more than that number of persons.

(5) For the purpose of this Regulation " cage " includes a skip or gig.

7 Winding engineman.

7. (1) The winding engineman shall on no pretext leave the controlling gear while the engine or machinery is in motion or when anyone is in or on the cage, skip or gig.

(2) The winding engineman shall—

(a) immediately before lowering or raising any person after any cessation of winding exceeding two hours, run the cage, skip or gig at least once between the surface and the lowest drawing level in order to ascertain whether everything is in order ;

(b) if any defect is discovered likely to affect the proper working of the winding apparatus, not begin winding until the defect has been remedied ;

(c) once at least during his shift, examine the external parts of the engine to see that they are in proper working order ;

(d) not allow any other person to handle or operate the winding engine and apparatus unless that person is authorised in writing to do so by the owner or agent ;

(e) attend during the whole time that any person is below ground in the mine, unless satisfactory means of egress from the mine are available otherwise than by means of the winding machinery.

8 Ventilation.

8. (1) An adequate amount of ventilation shall be constantly produced in every mine to such an extent that the shafts, outlets, winzes, rises, roads, sumps, levels, stables, pump rooms, haulage rooms and workings in the mine shall be in a fit state for working and passing therein. Provided that a discontinued or abandoned part of a mine, not used in connection with the working of the mine, shall, if properly fenced off, not be deemed to be a part of the mine for the purposes of this Regulation.

(2) Without prejudice to the generality of paragraph (1) of this Regulation, a place shall not be deemed to be adequately ventilated unless—

(a) the air contains not less than nineteen per cent. of oxygen and not more than one and one quarter per cent. of carbon dioxide ; and

(b) the supply of air is sufficient to dilute and render harmless any inflammable gases and all noxious gases, including those resulting from the firing of explosives ; and

(c) the supply of air is sufficient to disperse and remove any airborne dust which is not suppressed by other means.

(3) No stone or other material shall be allowed to accumulate in levels, cross-cuts or other underground workings so as to interfere with the ventilation.

(4) No person shall be liable in respect of any contravention of or failure to comply with the provisions of this Regulation if he shows that the ventilation was interrupted in consequence of an accident and that no persons were employed in any part of the mine which was not adequately ventilated, except such persons as it was necessary to employ in that part of the mine for the purpose of restoring the ventilation, under the supervision of the owner or agent or a competent person appointed by the owner or agent in writing for the purpose.

9 Water and boreholes

9. Where at any time there is reasonable cause to apprehend that any working has approached within forty yards of a place which may contain an accumulation of water or other liquid matter or noxious gas, adequate and timely precautions shall be taken and, in particular, the working shall not be more than eight feet in width or eight feet in height and there shall constantly be kept at least one borehole, not less than ten feet in igneous rock and fifteen feet in other strata, in advance of the face of the said working, and sufficient flank, roof and floor boreholes of similar lengths as may be necessary to ensure that the water or other liquid matter or gas shall be tapped in the first instance by a borehole.

10 Travelling roads, outlet and working places.

10. (1) Every underground road on which persons travel shall be of adequate height and width and, if the height or width of any such road appears to the Minister to be inadequate, he may require that the height or the width be increased to such extent as he thinks proper, and the owner or agent shall comply with the requisition unless he disputes the reasonableness thereof, in which case the dispute shall be determined by arbitration in manner provided for under the Metalliferous Mines Regulation Act, 1872.

(2) Every underground road on which a horse or other animal is used or by which it has to pass shall be of sufficient dimensions to allow the animal to pass without rubbing itself or its harness against the roof or sides of the bars or props supporting roof or sides.

(3) The roof and sides of every travelling road, outlet and working place shall be made secure, and no person, unless engaged in repairing or in investigating the safety of the workings, shall travel on or work in any travelling road or working place which is not so made secure.

(4) A sufficient supply of timber or other materials suitable for supports, shall at all times be placed at the disposal of all workmen requiring to make or keep secure the roof and sides of any working place, outlet or travelling road ; and such materials shall be kept in the mine at or near every working place where supports are required to be erected. A reserve supply shall be kept at other suitable places convenient to the workmen, or, if that is not practicable, close to the pithead.

(5) Every entrance to any place below ground in the mine which is not in actual use or course of working or extension shall be kept fenced across the whole width of the entrance so as to prevent persons entering it inadvertently.

(6) As far as is reasonably practicable, every permanent roadway, tramroad or path across or through any open gunniss, bottoms, sinks or stopes, the top of all winzes and the edges of all chambers shall be securely fenced.

(7) No loose stone or other material shall be allowed to remain on any ledge or landing or elsewhere whence it might fall into a shaft or other opening.

11 Haulage

11. (1) Sufficient and suitable sprags, lockers or drags shall be provided and used for the purpose of holding a wagon or set of wagons at the top of every incline on which haulage is worked by gravity, and on all haulage roads or parts of haulage roads where the gradient exceeds 1 in 20.

(2) Every haulage road on which persons travel and on which the haulage is worked by gravity or mechanical power shall be provided (if exceeding thirty yards in length) with some proper means of communicating distinct and definite signals between the stopping places and the ends of the road, and the owner or agent shall determine the signals to be used.

(3) A notice shall be posted in each haulage engine house and at each signalling station containing the haulage signals determined in pursuance of paragraph (2) of this Regulation.

(4) (a) All haulage roads on which persons travel shall be provided at intervals of not more than twenty yards with sufficient man holes for places of refuge, but where the gradient does not exceed 1 in 20 and the rate of haulage is not more than four miles an hour, it shall be sufficient if the intervals are not more than one hundred yards.

(b) Sub-paragraph (a) of this paragraph shall not apply—

(i) where the produce in transit does not exceed ten tons in any one hour ;

(ii) where there is provided on the side of the road a clear space at least two feet in width between the wagons and that side of the road. In measuring any clear space, any props or other supports of the roof projecting beyond the side of the road shall be deemed to form part of the road ;

(iii) within seventy-five feet of the working face or forebreast.

(c) Every refuge hole shall be—

(i) as near as may be to three feet in width and not less than three feet in depth ;

(ii) not less in height than the height of the haulage road at the point where the hole is, or six feet whichever is the less ;

(iii) on the same side of the road as the aforesaid clear space, if such a space is provided ;

(iv) on the same side of the road as the other refuge holes or, where the road is on the curve, on the outer side of the curve if no such clear space as aforesaid is provided ;

(v) kept clean.

(d) Nothing shall be placed in any refuge hole or across the entrance thereto so as to impede entry.

(5) No person, other than an official of the mine or a person employed on the road in connection with the haulage, or a person engaged on the haulage road in carrying out any repairing work required to be carried out forthwith, shall, while the haulage is in motion, travel on foot on any underground road on which haulage is worked by gravity or mechanical power at a speed which ordinarily exceeds six miles an hour, unless there is provided on one side of the road a clear space of at least two feet in width between the wagons and that side of the road.

(6) Where haulage is worked by gravity or mechanical power, no person shall ride on sets or trains of wagons except the following with the written permission of the owner or agent :

(a) officials of the mine ;

(b) men being conveyed to or from their work at the commencement or end of their employment (including any person in charge of a set or train of wagons on which men are being so conveyed) subject to conditions agreed with an inspector ; or

(c) the driver of a locomotive ; or

(d) any other person with the consent in writing of an inspector.

(7) For the purpose of this Regulation " haulage road " means every road where sets or trains of wagons run on rails.

12 Safety lamps and inflammable or noxios gases.

12. (1) No lamp or light, other than a locked safety lamp, shall be allowed or used—

(a) in any place in the mine in which there is likely to be any such quantity of inflammable gas as to render the use of naked lights dangerous ; or

(b) in any working near to or approaching a place in which there is likely to be an accumulation of inflammable gas.

(2) In any mine or part of a mine where safety lamps are required to be used, any official required to test for inflammable gas shall hold the certificate of an authority approved by the Minister that he is competent to do so.

(3) Before any disused shaft is entered, a lighted candle or oil lamp shall first be lowered to the bottom and, if gas be detected, suitable precautions shall be taken.

(4) No person shall test for inflammable gas with a naked light, or brush out or waft gas. In places where safety lamps are used, no person shall use or have a naked light or have in his possession any apparatus either for smoking or striking a light.

(5) Safety lamps shall be thoroughly examined before they are used and shall not be used unless they are found to be in safe working order and securely locked.

13 Precautions against fire.

13. (1) Every shaft top, adjoining building, engine-room, motor-room or boiler gallery, in the construction of which timber is used, shall be equipped with adequate means of extinguishing fire.

(2) No person shall allow any burning wick or part of a wick or other burning material to lie about in the mine, and every workman on leaving his working place shall take his light or lights with him.

(3) Calcium carbide shall be taken below ground only in lamps or in water-tight metal containers.

14 Explosives

14. (1) No explosives shall be taken into or used in any mine except in accordance with the provisions of this Regulation and with the provisions of special rules :

(2) No explosive shall be taken into or used in the mine except explosives provided by the owner.

(3) Except where special rules governing the conveyance of explosives in bulk are in force, no explosive shall be taken into or brought out of the mine except in closed cases or canisters stoutly constructed each containing not more than five pounds, and all explosives shall be kept in such cases or canisters until about to be used for the charging of a shot-hole. A person shall not have in use at one time in any one place more than one of such cases or canisters.

(4) (a) Explosives shall not be stored below ground in the mine.

(b) The owner or agent shall provide a place or places of storage above ground suitable in construction and position for all explosives intended to be used in the mine. All explosives shall be kept in such place or places of storage until issued, and no unauthorised person shall remove any explosive therefrom.

(c) All explosives brought out of the mine shall at once be returned to the place of storage.

(d) No detonator shall be taken into the mine except in a secure and securely locked case or box which shall be provided by the owner and have a distinctive marking.

(e) Every case or box containing detonators shall be kept separate from any other case, canister or box containing other explosives and shall be used only for the storage of detonators and capped fuses.

(f) A detonator or capped fuse shall not be removed from the case or box except by a competent person, not less than eighteen years of age, who is about to charge a shot-hole.

(5) No drill or other metal tool shall be introduced into any part of a hole which has previously been fired.

15 General duties of owner, agent and officials:

15. (1) The owner or agent shall carry out the provisions of the Acts, the Regulations and the special rules and to the best of his power enforce the observance thereof, and he shall give such directions as may be necessary to ensure compliance with those provisions and to secure the safety of the mine and the safety, health and proper discipline of the persons employed.

(2) If the owner does not himself exercise close and effective supervision of all the operations at the mine, he shall appoint, in writing, an agent for the purpose who shall do so.

(3) The owner or agent shall appoint, in writing, such officials as may be necessary for the safe administration of the mine and shall, to the best of his power, see that each official understands, carries out and enforces the provisions of the Acts, the Regulations and the special rules which relate to the duties of such official.

(4) The owner or agent shall see that a sufficient supply of proper materials and appliances is at all times provided and maintained in an efficient state for the purpose of ensuring the safety of the mine and the persons employed and of carrying out the provisions of the Acts, the Regulations, the special rules and any regulations made by the owner or agent in pursuance thereof.

(5) The owner or agent or an official appointed in writing by the owner or agent for the purpose shall—

(a) during every ordinary mineral-getting shift, inspect every working place and road in every part of the mine in which persons work or along which they have to pass and, during the course of every mineral-getting day, inspect every outlet and means of access in use, and shall, so far as practicable, ascertain the condition thereof in regard to ventilation, roof and sides, and general safety ; every dangerous place shall be fenced off or, if this is not practicable, adequate warning shall be given so that such place shall not be inadvertently entered by any person ;

(b) once at least in every twenty-four hours, examine thoroughly the state of the external parts of the machinery, the state of the guides and ladderways inthe shafts and the state of the headgear, ropes, chains, cages, skips or gigs and other similar appliances of the mine which are in actual use for the purpose of lowering or raising persons : and shall so examine any such machinery and appliances not ordinarily used for the purpose of lowering or raising persons immediately before use for that purpose, and in any case at least once in every three months ;

(c) once at least in every week, examine thoroughly the state of the shafts in which persons descend or ascend ;

(d) once at least in every week, examine thoroughly the state of all machinery, ropes, gear and other appliances of the mine which are actually in use whether above ground or below ground and to which subparagraph (b) of this paragraph does not apply ;

(e) once at least in every month, examine thoroughly all accessible parts of the airways of the mine ;

(f) if one of the two ways affording means of ingress and egress it not ordinarily used for travelling, at least once in every three months, travel the whole of such way in order to see that it is fit for use, and in order to make himself thoroughly acquainted with it.

(6) (a) A true report of every such examination or inspection, including all defects found and repairs made, shall be made and signed forthwith by the person who has made the examination or inspection and shall be kept at the mine. A true report of any danger revealed or notified in the course of the examination or inspection, or any other danger observed by or notified to the owner or agent, together with the steps taken to remove the danger, shall be made and shall be signed and dated by the person making the report.

(b) Every report required by this paragraph to be made shall be submitted to the person for the time being in charge of the mine, and shall be countersigned by him on the day on which the report is made or the day following.

(7) If any danger is revealed by the examination or inspection, steps shall be taken at once to remove it and, except for that purpose, any person exposed to the danger shall be withdrawn.

(8) All such reports as are by the Regulations and special rules required to be kept at the mine shall be in such form as the Minister determines and shall be provided by the owner or agent ; and the reports or a correct copy thereof shall be kept at the office on the surface of the mine. Any inspector and anyone having the written authority of any inspector and any representative of the workmen employed at the mine may, at all reasonable times, inspect and take copies of and extracts from any such reports ; but, except as provided in paragraph (15) of Regulation 32 of these Regulations, nothing in this paragraph shall be construed to impose the obligation of keeping any such report or a copy thereof for more than twelve months after the making of such report.

(9) For the purpose of making known the provisions of the Acts, the Regulations and the special rules to all persons employed in and about the mine, the owner or agent shall see that a copy of the Regulations and a copy of the special rules shall be kept posted up in some conspicuous place at or near the mine where they may be conveniently read by the persons employed.

16 Persons employed.

16. (1) Every person employed at the mine shall comply with the provisions of the Acts, the Regulations and the special rules and any regulations made by the owner or agent in pursuance thereof and with such directions concerning safety and discipline as may be given to him by those in authority over him.

(2) Every workman employed in the mine shall, before commencing work and during the course of it, especially after blasting, make a careful examination of his working place and, so far as practicable, remove or secure any loose rock, stones or ground which might be dangerous.

(3) Every person employed at the mine who notices anything that appears unsafe or likely to cause danger, shall remedy the matter if it is within the scope of his duty and, if not, shall withdraw forthwith from the place of danger and report the matter to the owner, agent or other responsible official.

(4) Except in sinking shafts or winzes, no person shall remain under a suspended wagon or load, and no person shall travel or be allowed to travel by means of an aerial ropeway without special permission from the owner or agent.

(5) (a) Every workman shall, to the best of his power, carry on his work so as at all times to leave a free passage for the air current.

(b) No person shall disarrange any appliance for directing the ventilation and every person having occasion to pass through any door, canvas screen or flap shall carefully close the same.

(6) No person shall, without authority, pass beyond any fence or danger signal or open any locked door or go into any part of the mine other than that in which he works, and no person shall travel to or from his work by any road other than the proper travelling road.

(7) Every person working on a narrow ledge or other places of danger, where he may fall fifteen feet or more, shall secure himself against falling by means of a rope or other suitable appliance which shall be provided by the owner or agent. Every such person shall, before commencing work, satisfy himself as to the safety of the rope or other appliance provided for his use, and shall not use anything that he finds unsafe.

(8) No inexperienced workman shall be employed upon any work attended with any special risk or danger except under the supervision of a skilled workman.

(9) No person shall be in or about the mine in a state of intoxication or, without permission of the owner or agent, take any intoxicating liquor into the mine or the mine premises.

(10) No person shall negligently or wilfully do anything likely to endanger life or limb in the mine, or negligently or wilfully omit to do anything necessary for the safety of the mine or of the persons employed therein.

(11) No person shall wilfully damage, or without proper authority remove or render useless, any apparatus, appliance or thing provided in any mine in compliance with these Regulations.

PART III. HEALTH AND WELFARE.

17 First Aid.

17. (1) The owner or agent shall provide and maintain—

(a) at the surface of the mine, so as to be readily accessible, a first-aid box or cupboard of such standard as may be determined by the Minister, and nothing except appliances or requisites for first-aid shall be kept in a first-aid box or cupboard;

(b) at convenient places underground, a sufficient supply of suitable requisites for first-aid.

(2) Each first-aid box or cupboard shall be placed under the charge of a responsible person who shall hold a first-aid certificate and shall always be readily available during working hours. A notice stating the name of the person in charge shall be posted at the mine.

(3) A copy of the first-aid leaflet (Form F.I. 1028) issued by the Department of Industry and Commerce shall be posted at the mine.

(4) If possible, one out of every ten of the persons employed at the mine shall be trained in first-aid and shall hold a first-aid certificate.

(5) The owner or agent shall provide, in readily accessible positions on the surface and underground at the mine, suitably constructed stretchers for the safe removal of persons suffering from sickness or the results of serious accidents.

(6) At every shaft in which injured persons are raised and where the cage is not large enough to permit of a stretcher being laid flat, and at every shaft where persons are raised otherwise than in a cage, and at every sinking shaft, and at every mine where the workings are steeply inclined there shall be provided and used a suitable jacket or attachment to minimise discomfort and prevent aggravation of an injury.

(7) At every mine the owner or agent shall, for the purpose of the removal of patients in serious cases of accident or sickness, provide and maintain in good condition a suitably constructed ambulance carriage, unless arrangements have been made by or on behalf of the owner or agent either to obtain such a carriage promptly, when required, from a hospital or other place within a reasonable distance from the mine, or to provide such a carriage jointly with the owners of other mines in the neighbourhood.

(8) Once at least in every month, a competent person appointed in writing for the purpose by the owner or agent shall inspect the first-aid and ambulance arrangements and satisfy himself that they are in conformity with the requirements of this Regulation.

(9) Where it is proved to the satisfaction of the Minister that any of the requirements of this Regulation can reasonably be suspended or relaxed, he may, by certificate in writing, suspend or relax the requirements to such an extent and subject to such conditions as he may by such certificate prescribe.

18 Sanitary conveniences.

18. (1) Wherever sanitary conveniences are required for sanitary reasons or for the convenience of the persons employed, the owner or agent shall cause a sufficient number of suitable conveniences to be provided. Where females are employed on the surface, separate conveniences shall be provided for their use.

(2) Every sanitary convenience on the surface shall be under cover and so screened as to secure privacy and, if for the use of females, shall have a proper door and an inside fastening.

(3) Every sanitary convenience shall be kept in a clean and sanitary condition and in good repair.

(4) If the Minister is satisfied on representations made to him or otherwise that sanitary conveniences ought to be provided at any mine, he may, by notice in writing, require that sufficient and suitable sanitary conveniences be provided by the owner or agent and the owner or agent shall comply with such requirement.

19 Lighting.

19. (1) The owner or agent shall make effective provisions for securing and maintaining sufficient and suitable lighting whether natural or artificial—

(a) at shaft insets and shaft sidings which are regularly used ; and

(b) in every place above ground in which persons regularly work.

(2) Above ground, all windows and skylights of places where persons are regularly employed shall, so far as practicable, be kept clean and free from obstruction.

20 Changing and messing accommodation:

20. (1) The owner or agent shall provide and maintain—

(a) for the use of all persons employed, suitable accommodation above ground, but not in the engine house or boiler house, for changing and drying clothes ;

(b) for the use of persons employed above ground, suitable accommodation for the taking of meals, furnished with adequate means of warming food and boiling water and an adequate supply of clean and wholesome drinking water. Where the total number of persons employed above ground in any shift exceeds ten, such accommodation shall be separate from that provided for changing and drying clothes.

(2) The accommodation shall be kept clean and the ceilings and all inside walls and partitions of such accommodation shall, unless they are kept painted or have a smooth impervious surface, be whitewashed or colourwashed at least once in every period of fourteen months.

(3) If the Minister, after consultation with the owner or agent and with the persons employed or their representatives, is satisfied as respects any mine that the application of any of the requirements of this Regulation would be unreasonable or impracticable, he may, by certificate in writing, exempt the mine from such requirements.

21 Suppression of dust and removal of fume.

21. (1) Where, in connection with the carrying on of any operation or process in a building at a mine, there is given off dust of such character or to such extent as to be likely to be injurious or offensive to the persons employed, or any substantial quantity of dust of any kind, all practicable measures shall be taken to protect the persons employed against inhalation of the dust and to preventits accumulating in any workroom and, in particular, where the nature of the process makes it practicable, exhaust appliances shall be provided and maintained as near as possible to the point of origin of the dust so as to prevent it entering the air of any building or shed.

(2) The following provisions shall apply to drilling and crushing and grinding processes in working silica rock :

(a) No person shall use or cause or allow to be used in the mine any rock drill worked by mechanical power unless an efficient jet or spray or other equally efficient means is provided and used so as entirely to prevent the escape of dust into the air.

(b) No stone shall be crushed or ground in a stone-breaking machine or grinding machine unless such machine—

(i) is provided with an exhaust fan and efficient dust collecting appliances so arranged as to prevent the escape of dust into the air of any place in which work is carried on ; or

(ii) is provided with an efficient water or steam spray or jets or other arrangement to prevent the escape of dust into the air ; or

(iii) is so entirely enclosed as to prevent the escape of dust into the air.

(3) No internal combustion engine shall be used in any building or shed unless provision is made for conducting the exhaust gases from the engine into the open air.

(4) For the purposes of this Regulation " silica rock " means quartz, quartzite, ganister, sandstone, gritstone and chert, but does not include natural sand or rotten rock.

22 Lifting excessive weights.

22. No person shall be employed in lifting, carrying or moving anything so heavy as to be likely to cause injury to him.

23 Protection of eyes.

23. Suitable goggles or effective screens shall be provided by the owner to protect the eyes of the persons employed in the following process, namely, the welding or cutting of metals by means of an electrical, oxy-acetylene or similar process.

24 Head protection.

24. (1) No person shall work in a vertical or steeply inclined shaft, winze or raise unless he wears a protective hard hat provided by the owner.

(2) All shaftsmen, shaft repairers, onsetters and persons regularly working at shaft bottoms and landings shall use protective hard hats provided by the owner.

25 Protection against falls of persons.

25. All shaftsmen, shaft repairers and persons performing similar work shall use effective safety belts provided by the owner unless they are otherwise efficiently protected against the risk of falling.

PART V. MACHINERY, PLANT AND BUILDINGS.

26 Machinery in motion.

26. (1) Machinery shall not be cleaned while in motion.

(2) Machinery shall not be oiled or greased while in motion unless provision be made for the operation to be performed in safety.

(3) Belts shall not be put on or put off while machinery is in motion by mechanical power, except by means of a safety contrivance.

(4) Efficient devices or appliances shall be provided in every room or place where work is carried on by which the power can promptly be cut off from the machinery in that room or place. Where the Minister is satisfied that, owing to special circumstances, the fulfilment of this requirement is unnecessary or impracticable he may, by certificate, direct that that requirement shall not apply in the circumstances.

27 Fencing.

27. (1) Every fly-wheel and all exposed and dangerous parts of machinery shall be kept securely fenced.

(2) As far as reasonably practicable, the top of every hopper and kiln shall be kept securely fenced.

(3) All gantries, gangways and platforms (other than temporary wheeling planks) if dangerous, shall be securely fenced on each open side and shall have on each such side a continuous skirting board not less than nine inches deep.

(4) The top of every shaft which for the time being is out of use or used only as a ventilating shaft shall be kept securely fenced.

(5) The top and bottom of every working, ventilating or pumping shaft, and all entrances into the workings therefrom, shall be kept securely fenced, but this requirement shall not be taken to forbid the temporary removal of the fence for the purpose of repairs or other operations if proper precautions are used.

(6) For every staircase in a building or affording a means of exit from a building and for every gangway and gantry, a substantial hand-rail shall be provided and maintained on each open side and any open side of any staircase shall also be guarded by the provision and maintenance of a lower rail or other effective means.

(7) All openings in floors of buildings shall be kept securely fenced except in so far as the nature of the work renders such fencing impracticable.

(8) All floors, steps, stairs and passages in a building or affording a means of exit from a building, and all gangways, gantries and platforms shall be of sound construction and properly maintained.

(9) All fencing or other safeguards provided in pursuance of the foregoing provisions of this Regulation shall be of substantial construction and constantly maintained.

28 internal combustion engines.

28. (1) Except with the prior consent of the Minister, no internal combustion engine shall be newly introduced below ground in the mine.

(2) No internal combustion engine in use below ground on the date when these Regulations come into force shall be continued in use except in accordance with the following provisions and the provisions of special rules :

(a) No diesel driven vehicle shall be used in any place where there is not for the time being a sufficient current of air to render the gas from its exhaust harmless.

(b) Where in any working place or road in which diesel driven vehicles are in use there is found in the general air a concentration of carbon monoxide greater than fifty parts per million, immediate steps shall be taken to disperse the said concentration.

(c) Where in any working place or road in which diesel driven vehicles are in use there is found in the general air a concentration of carbon monoxide greater than one hundred parts per million, the operation of every diesel driven vehicle in the district shall be discontinued until it is determined that the concentration of carbon monoxide in the general air at that place does not exceed fifty parts per million.

(d) A diesel driven vehicle shall be deemed to have a defect liable to affect its safe running if gas from its exhaust is found to contain more than two parts of carbon monoxide per thousand.

(e) No diesel driven vehicle shall be used if—

(i) it has any defect liable to affect its safe running ; or

(ii) it is not maintained in proper working order or replenished with all necessary oil and consumable stores.

29 Lifting appliances.

29. (1) (a) All parts and working gear whether fixed or movable, including the anchoring and fixing appliances, of every lifting machine and transporter shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained.

(b) For the purposes of subparagraph (a) of this paragraph " lifting machine " means a crane, crab or winch.

(2) (a) All such parts and gear as aforesaid of every lifting machine shall, at least once in every period of fourteen months, be thoroughly examined by a competent person who shall forthwith make a written report, in such form as may be determined by the Minister, as to their condition and safety ; and the like examination and report shall be made in respect of any lifting machine which has previously been used and has since been dismantled or has been out of regular use for a period exceeding two months, before it is taken into use at any mine for the first time at that mine.

(b) For the purposes of subparagraph (a) of this paragraph and the succeeding paragraphs of this Regulation " lifting machine means a power operated crane, crab or winch.

(3) All rails on which a travelling crane moves shall be of proper size and adequate strength and have an even running surface ; and any such rails shall be properly laid, adequately supported and properly maintained. Where necessary to prevent danger, an adequate stop block shall be provided to limit the travel of the crane.

(4) There shall be plainly marked on every lifting machine the safe working load or loads thereof, except that, in the case of a jib crane so constructed that the safe working load may be varied by the raising or lowering of the jib, there shall be attached thereto either an automatic indicator of safe working loads or a table indicating the safe working loads at corresponding inclinations of the jib or corresponding radii of the load.

(5) No lifting machine shall, except for the purpose of a test, be loaded beyond the safe working load as marked or indicated under paragraph (4) of this Regulation.

(6) Every lifting machine shall be provided with an efficient catch or an efficient brake.

30 Steam boilers.

30. (1) Every steam boiler used for generating steam, whether separate or one of a range, shall be fitted with :—

(a) a proper safety valve ;

(b) a suitable fusible plug or an efficient low water alarm device, unless the steam boiler is externally fired ;

(c) a steam-gauge and water-gauge to show respectively the pressure of steam and the height of water in each boiler.

Provided that sub-paragraphs (b) and (c) of this paragraph shall not apply to either economisers or superheaters.

(2) Every steam boiler and all its fittings and attachments shall be maintained in proper working condition, and all water-gauges shall be adequately protected by a covering or guard unless so constructed as to be equally safe to the persons employed whether so protected or not.

(3) The person appointed to attend to any steam boiler shall not, except with the authority of the official under whose direction he works, alter or permit anyone to alter the setting of any safety valve, and only suitable and proper weights or springs shall be used.

(4) Every steam boiler and all its fittings and attachments shall—

(a) be cleaned out and examined internally, as far as the construction of the boiler permits, by a competent person once at least in every six months ; and

(b) be examined thoroughly by a competent person once at least in every fourteen months and also after any extensive repairs.

(5) A report of the result of every such examination in such form and containing such particulars (including the maximum permissible working pressure) as may be determined by the Minister shall, within twenty-eight days after the completion of the examination,be kept at the mine and the report shall be signed by the person making the examination and, if that person is an inspector of a boiler-inspecting company or association, countersigned by the chief engineer or other duly authorised officer of the company or association.

(6) No steam boiler which has previously been used and has since been dismantled or has been out of regular use for a period exceeding one month shall be taken into use at a mine for the first time at that mine until it has been examined and reported on in accordance with subparagraph (b) of paragraph 4 and paragraph 5 of this Regulation ; and no new steam boiler shall be taken into use unless there has been obtained from the manufacturer of the boiler, or from a boiler-inspecting company or association, a certificate specifying the maximum permissible working pressure thereof, and stating the nature of the tests to which the boiler and fittings have been submitted, and the certificate is kept available for inspection, and the boiler is so marked as to enable it to be identified as the boiler to which the certificate relates.

(7) In this Regulation " steam boiler " means any closed vessel in which, for any purpose, steam is generated under pressure greater than atmospheric pressure, and includes any economiser used to heat water being fed to any such vessel, and any super-heater used for heating steam.

31 Air receivers.

31. Every receiver for compressed air shall—

(1) have marked upon it, so as to be plainly visible, the maximum safe working pressure and be fitted with a correct pressure gauge ;

(2) be fitted with a suitable safety valve, so adjusted as to permit the air to escape as soon as the safe working pressure is exceeded ;

(3) be fitted with a blow-off cock through which any fluid which may have accumulated in the receiver may be blown off, and such blow-off cock shall be opened at least once in every working day while the plant is running ;

(4) be thoroughly cleaned and examined by a competent person once at least in every twenty-six months, and a report of the result of such examination in such form and containing such particulars as may be determined by the Minister shall be kept at the mine.

Provided that in the case of a receiver of solid drawn construction—

(a) the person making any such examination may specify in writing a period exceeding twenty-six months but not exceeding four years within which the next examination is to be made ; and

(b) if it is so constructed that the internal surface cannot be thoroughly examined, a suitable hydraulic test of the receiver shall be carried out in lieu of internal examination.

(5) For the purpose of paragraphs (1) and (2) of this Regulation, any set of air receivers supplied with air through a single pipe to which a pressure gauge and safety valve are fitted may be treated as one receiver.

(6) In this Regulation " air receiver " means—

(a) any vessel (other than a pipe or coil or an accessory, fitting or part of a compressor) for containing compressed air and connected with an air compressing plant ;

(b) any fixed vessel for containing compressed air or compressed exhaust gases and used for the purpose of starting an internal combustion engine.

32 Winding apparatus.

32. (1) Where the apparatus ordinarily used for raising or lowering persons to or from the surface is worked by mechanical power it shall, if the shaft is vertical, be provided with detaching gear for each cage unless a written relaxation or exemption is given by an inspector ; and if the maximum speed of winding can exceed twelve feet per second, the inspector may require the provision of an automatic contrivance to prevent overwinding.

(2) Where the apparatus used for raising or lowering persons is worked by mechanical power, there shall be provided—

(a) unless a written relaxation or exemption is given by the Minister, one or more brakes on the drum or, if there is more than one drum, on each drum, which will hold the loaded cage in any position in the shaft when the maximum torque is applied downwards ; and

(b) a proper indicator or indicators (in addition to a mark on the rope or drum) showing to the winding engineman on a dial or in some sufficient manner, the position of the cages or load in the shaft, and placed in such a position as to be easily seen by him at the same time as the mark on the rope or drum ;

(c) such flanges or horns on the drum and also, if the drum is conical, such other appliances as shall effectively prevent the rope from slipping.

(3) (a) Once at least in every six months, all cage chains and detaching hooks in general use shall be annealed or given other proper heat treatment and shall be thoroughly examined by a competent person.

(b) An inspector may, by certificate in writing, exempt from the foregoing requirement as to heat treatment chains or hooks made of any steel which does not require heat treatment.

(c) A single linked chain shall not be used for lowering or raising persons in any working shaft or plane except for the short coupling chain attached to the cage or load.

(4) All detaching hooks in general use shall be dismantled, cleaned and refitted once at least in every three months.

(5) All detaching plates and bells in general use shall be tested monthly by calipers or gauges.

(6) (a) No winding rope which has been in use for more than three and a half years, or which has been spliced, shall be used in a shaft in which persons are raised or lowered.

Provided that an inspector may permit the use for more than three and a half years of a rope which has not been and is not to be ordinarily used for the winding of persons or mineral, on production of evidence satisfying the inspector that the use of the rope may be continued without danger, and subject to such conditions as he may determine.

(b) Every winding rope shall be re-capped at intervals of not more than six months in accordance with paragraphs (8) to (13) of this Regulation.

(c) The length of the winding rope shall be such that there shall remain at least two rounds of rope on the drum of the winding apparatus when the cage is at the bottom of the shaft.

(7) (a) A competent person appointed in writing by the owner or agent shall, once at least in every month, make a special examination of every winding rope in use.

(b) The rope shall be thoroughly cleaned at all places particularly liable to deterioration and at other places not more than one hundred yards apart throughout its length, and at each of these places after cleaning, examination shall be made of the circumference and surface condition of the rope and for any fractures of the wires.

(8) No mode or type of capping shall be used which fails to withstand, for a winding rope, a load of at least seven times the maximum static load and, for a haulage rope, a load of at least sixty per cent. of the breaking strain of the rope.

(9) A competent person appointed in writing by the owner or agent shall, whenever a rope is capped or re-capped, superintend the work and see that it is properly carried out.

(10) (a) Before each re-capping, a length (including the capping) of at least six feet shall be cut off the rope but, if the rope is recapped after an interval of less than six months, the length cut off may be reduced by one foot for each complete month less than six to a minimum of three feet.

Provided that this requirement shall not apply in respect of any rope purchased prior to the 12th day of November, 1956, which is too short to permit of the full length prescribed being cut off.

(b) Each piece of rope cut off shall be opened up and its internal condition examined by a competent person approved by the owner or agent.

(11) The capel of a round rope shall not be attached to the rope by rivets passing through the rope.

(12) In those forms of capping in which the wires at the end of the rope are bent back on the rope itself to form a cone, wedges formed by the lapping of soft iron wire shall be placed between the rope and that portion which is bent back. The length of the tapered portion of the socket shall be not less than eight times the diameter of the rope.

(13) Paragraphs (9), (10), (11) and (12) of this Regulation shall not apply in the case of ropes used only for the hauling of mineral.

(14) If white metal is used in the capping of ropes—

(a) its melting point shall not exceed 570° Fahr. and its temperature when poured into the socket shall not exceed 685° Fahr. ;

(b) in the length of rope which is to lie within the tapered part of the socket, the fibre core (if any) shall be cut out and the wires shall be untwisted and thoroughly cleaned ;

(c) the socket shall be heated to a temperature of about 212° Fahr. before the white metal is poured into it.

(15) There shall be recorded in a book kept at the mine dated reports and other information relating to the measures taken to comply with—

(a) paragraph (3) of this Regulation, and every such record shall be preserved for a period of twelve months after the report or other information was recorded ; and

(b) paragraph (6), (7) and (10) of this Regulation, and every such record shall be preserved for a period of twelve months after the rope to which it relates has ceased to be used.

(16) Paragraphs (1) and (2) of this Regulation shall come into force on the 12th day of November, 1957.

(17) In this Regulation " cage " includes a skip or gig.

33 Chains, ropes and lifting tackle.

33. (1) No chain, rope or lifting tackle shall be used unless it is of good construction, sound material, adequate strength and free from patent defect.

(2) In this Regulation " lifting tackle " means chain slings, rope slings, rings, hooks, blocks, shackles and swivels.

PART VI. ELECTRICITY.

34 Definitions.

34. In this part—

" apparatus " means electrical apparatus and includes all machines, apparatus and fittings in which conductors are used or of which they form a part ;

" authorised person " means a person employed, appointed or selected by the owner or agent to carry out duties incidental to the generation, transformation, transmission or use of energy, such person being competent for the purposes of the regulation in which the term is used ;

" cable " means one or more stranded conductors, separately insulated throughout their length, and when more than one, laid up together, and generally provided with a mechanical protective covering ;

" circuit " means an electric circuit forming a system or branch of a system ;

" circuit-breaker " means a mechanical device capable of making and breaking the circuit under normal and abnormal conditions such as that of short-circuit. Unless otherwise specified, a circuit-breaker is designed to break the current automatically ;

" conductor " means an electrical conductor arranged to be electrically connected to a system ;

" connected with earth " means connected with the general mass of earth in such a manner as will ensure at all times an immediate and safe discharge of energy;

" consumer " means the owner or agent of the mine ;

" consumer's installation " means the consumer's wiring together with any apparatus upon the premises connected or intended to be connected thereto ;

" consumer's wiring " means the electric lines situate upon the consumer's side of the supply terminals where energy is obtained from a system that is not owned by, or under the control of, the consumer ;

" danger " means danger to health or danger to life or limb from shock, burn or other injury incidental to the generation, transformation, distribution or use of energy ;

" dead " means at, or about, earth potential, and disconnected from any live system ;

" earthed concentric system " means a system comprising cables of which one of the conductors, called the outer conductor, is earthed and completely surrounds the other conductor, called the inner conductor, which is insulated ;

" earthing conductor " means the conductor provided for connecting a point of a system to an earth plate or for connecting a metallic structure to an earth plate ;

" earth plate " means a metallic plate, or a metallic pipe or pipes, inserted in the ground and in electrical contact with the general mass of earth ;

" electric line " means a wire or wires, conductor or other means used for the purpose of conveying transmitting or distributing electricity with any casing, coating, covering, tube, pipe or insulator enclosing, surrounding or supporting the same or any part thereof, or any apparatus connected therewith for the purpose of conveying, transmitting or distributing electricity or electric currents ;

" energy " means electrical energy ;

" flexible cable " means a cable containing one or more cores, each formed of a group of wires, the diameters of the cores and of the wires being sufficiently small to afford flexibility ;

" flexible metallic screen " means a screen of Wires applied to a flexible cable or to the component cores of such a cable so as to enclose, more or less completely, the live conductors ;

" fuse " means a device for protecting a circuit from damage by overload, by means of the fusion of a specially designed part thereof ;

" high voltage " means a voltage normally exceeding 650 volts ;

" insulating material " means non-conducting material enclosing, surrounding or supporting a conductor or any part thereof, and of such quality and thickness as to be suitable for the purposes of the regulation in which the term is used ;

" insulation resistance " means the resistance under certain specified conditions between two conductors or systems of conductors normally separated by insulation, or between any such conductors and earth ;

" isolated " means disconnected from the source of energy ;

" leakage current " means a current passing through or over the surface of insulating material from one conductor to earth or to another conductor, other than the electrostatic charging current ;

" live " means electrically charged ;

" low voltage " means a voltage not exceeding 250 volts under normal conditions, subject to a permissible variation not exceeding six per cent. above 250 volts ;

" medium voltage " means a voltage exceeding 250 volts but not exceeding 650 volts under normal conditions, subject to a permissible variation not exceeding six per cent. above 650 volts ;

" metallic covering " means an iron or steel wire armouring applied to cables, or a rigid iron or steel tube or other hard metal tube enclosing conductors ;

" neutral point " means that point of a system which has the same potential as the point of junction of a group of equal non-reactive resistances connected at their free ends to the appropriate main terminals of the system ;

" outdoor substation " means any ground whereon apparatus of the kind included within the definition of substation is situate in the open air, and includes the said apparatus ;

" outdoor switch station " means any ground whereon apparatus of the kind included within the definition of switch station is situate in the open air, and includes the said apparatus ;

" overhead line " means any electric line which is placed above ground and in the open air ;

" portable apparatus " means apparatus that, from the nature of its use, requires to be moved while it is working, or that is designed so that it can be moved while it is working ;

" portable hand lamp " means a fitting for inspection purposes suitable for carrying in the hand, comprising an electric lamp and supplied with energy from a circuit by means of a flexible cable ;

" rated current " means the maximum current in relation to time that an electric line, conductor or apparatus will carry without permanent injury under the conditions of use for which it is designed ;

" substation " means any premises or enclosure or part thereof, being large enough to admit the entrance of a person after the apparatus therein is in position, containing apparatus for transforming or converting energy to or from a voltage above medium voltage (other than transforming or converting solely for the operation of switchgear or instruments) with or without other apparatus for switching, controlling or otherwise regulating the energy, and includes the apparatus therein ;

" switch station " means any premises or enclosure or part thereof, being large enough to admit the entrance of a person after the apparatus therein is in position, containing apparatus for switching, controlling or otherwise regulating energy at a voltage above medium voltage, but not for transforming or converting energy (other than transforming or converting solely for the operation of switchgear or instruments) and includes the apparatus therein ;

" system " means an individual electrical system in which all the conductors and apparatus are electrically connected to a common source of voltage, and includes all the said conductors and apparatus ;

" transportable apparatus " means an apparatus that from the nature of its use requires to be moved to a new position from time to time between the periods when it is working ;

" voltage " means electro-motive force and, in particular, the voltage between any pair of conductors forming part of a system or between any part of either conductor and earth. In the case of alternating current, it means the virtual voltage or root mean square value, namely, the square root of the mean or average value of the squares of the instantaneous values of the voltage during a complete cycle ;

" works " means and includes electric lines and any buildings, machinery, engines, works, matters or things of whatever description required for the generation, transformation, distribution or use of energy.

35 Exemptions.

35. (1) Nothing in this Part of these Regulations shall apply to the works of an undertaker or authorised undertaker within the meaning of the Electricity (Supply) Acts, 1927 to 1954, (excepting always such part or parts of the said works (if any) as constitute the whole or part of the consumer's installation) provided that the said works are constructed, installed, protected, worked and maintained in compliance with any other statutory regulations applicable thereto.

(2) Nothing in paragraphs (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17) and (31) of Regulation 36 of these Regulations shall apply to any system used exclusively for signalling or telephones and supplied with energy from a battery of primary or secondary cells at a voltage not exceeding 50 volts, nor to any system used exclusively for telephones and supplied with energy from magneto generators operated by hand.

(3) The requirements of this Part of these Regulations which relate to the construction of cables and other apparatus shall not apply before the 1st day of October, 1959, where installed under ground, and shall not apply before the 1st day of October, 1963, where installed on the surface, to any apparatus which was in use before the 12th day of November, 1956, and which had been constructed or had before the 12th day of November, 1956, been adapted so as to comply with the requirements relating to the construction of electrical apparatus at mines in force before that date, unless the Minister, by written notice served on the owner or agent with respect to all or any of the said requirements of this Part of these Regulations, so directs. If the owner or agent, within fourteen days of the receipt of such notice, objects to complying with the requirements specified in the notice, the matter shall be settled by arbitration in the manner provided for in the Metalliferous Mines Regulation Act, 1872.

(4) If the Minister is satisfied that exemption or relaxation is necessary from any of the requirements of this Part of these Regulations by reason of emergency or special circumstances or the fact that the application of the requirements would be unreasonable or impracticable, he shall grant such exemption or relaxation.

36 Use of electricity.

36. (1) It shall be the duty of the consumer to comply with and enforce the requirements of this Regulation, and it shall be the duty of all contractors, workmen and persons employed to conduct their work in accordance therewith.

(2) All apparatus, conductors and electric lines shall be sufficient in size and power for the work they may be called upon to do, and so constructed, installed, protected, worked and maintained as to prevent danger so far as is reasonably practicable.

(3) All overhead lines constructed after the date, when this Regulation comes into force shall comply with the regulations of the Electricity Supply Board applicable to overhead lines current at the time of their construction.

Provided that overhead lines which are installed and removed within a period of three months, need not comply with the said regulations as to factors of safety for supports.

(4) Outdoor substations and outdoor switch stations shall (unless the apparatus is completely enclosed in a metal casing connected with earth, the said apparatus also being connected with the system by electric lines provided with a metallic covering) be efficiently protected by fencing not less than eight feet in height or other means so as to prevent access to the electric lines and apparatus therein by any unauthorised person.

(5) All conductors, unless so placed and safeguarded as to prevent danger, shall be covered with insulating material; provided that this paragraph shall not apply to circuits in which the voltage does not exceed 25 volts.

(6) (a) All electric lines which are required to be covered with insulating material, other than flexible cables used with portable or transportable apparatus, shall be protected throughout by a metallic covering suitable for the purpose which shall enclose all the conductors of the circuit; and the said metallic covering shall have a conductance of not less than half that of the same length of the largest of the live conductors enclosed therein.

(b) Subparagraph (a) of this paragraph shall not apply—

(i) to circuits in which the voltage does not exceed low voltage direct current or 125 volts alternating current; or

(ii) to single conductor cables having a continuous metal sheath and so placed and safeguarded as to prevent danger.

(c) (i) Where cable protected by a metallic covering is connected to apparatus, the metallic covering shall be securely attached to the apparatus.

(ii) Where cable is jointed or terminated, the insulating material shall be efficiently sealed to exclude moisture, so as to preserve its insulating quality.

(7) (a) Flexible cables used with portable or transportable apparatus shall be multi-core cables and shall comprise an earthing conductor having a cross-sectional area and conductance not less than that of the largest of the live conductors comprised in the cable.

(b) (i) If the voltage of the circuit exceeds low voltage direct current or 125 volts alternating current, such cables shall also comprise a metallic covering which shall enclose all the conductors of the circuit or a flexible metallic screen or screens.

(ii) The said metallic covering shall have a conductance of not less than half that of the largest of the live conductors in the cable; provided that where this is impracticable the conductance of the metallic covering shall not be required to be greater than that of a copper conductor having a cross-sectional area of 0·022 of a square inch and of the same length as the cable.

(iii) The said flexible metallic screen, when applied to enclose collectively the conductors of the circuit, shall have a conductance of not less than that of a copper conductor having a cross-sectional area of 0.022 of a square inch and of the same length as the cable.

(iv) The said flexible metallic screens, when applied to enclose individually the conductors of the circuit, shall have a conductance severally of not less than half that of a copper conductor having a cross-sectional area of 0·022 of a square inch and of the same length as the cable.

(c) (i) Where flexible cable is connected to apparatus, it shall be attached by means designed to hold the cable securely and to exclude water where necessary, and the metallic covering (if any) of the cable shall also be securely attached to the apparatus.

(ii) Where flexible cable is jointed or terminated, the insulating material shall be efficiently sealed to exclude moisture, so as to preserve its insulating quality, where this is reasonably practicable.

(8) (a) All metallic structures, other than live conductors, forming part of or enclosing or protecting apparatus or electric lines, or adjacent to live conductors so as to be liable to become charged by contact therewith or leakage therefrom, shall be connected with earth.

(b) Subparagraph (a) of this paragraph shall not apply—

(i) where (except with respect to portable or transportable apparatus) the voltage of the live conductors does not exceed low voltage direct current or 125 volts alternating current ; or

(ii) to metallic structures that cannot be touched while the circuit is live.

(9) (a) All metallic structures that are required to be connected with earth shall be connected to one or more earth plates by a conductor which, except as hereinafter provided, shall have a cross-sectional area of not less than 0·022 of a square inch for any one such conductor.

Provided that a metallic covering that complies with the requirements of this Regulation may be used as the said conductor, and provided also that one of the component conductors of a multi-core flexible cable used to supply portable or transportable apparatus and complying with the requirements of this Regulations may be used as the said conductor, notwithstanding that the said metallic covering or the said component core may have an equivalent cross-sectional area of less than 0·022 of a square inch.

Provided also that this requirement shall not apply to earthing conductors forming part of an overhead line.

(b) (i) No automatic circuit-opening device shall be introduced into any earthing conductor that is provided to comply with this Regulation.

(ii) All connections in or to any earthing conductor shall be mechanically secure and electrically efficient.

(10) (a) One pole of the system shall be connected with earth in the following instances:

(i) an earthed concentric system in which the pole that is connected to the outer conductor shall be connected with earth;

(ii) A two-wire system used wholly or mainly for traction and in which the running rails are designed to be connected to one pole of the system in which the pole to which the running rails are connected shall be connected with earth;

(iii) A two-wire system derived from the secondary winding of a single phase transformer and used for indicating instruments or other accessories of switchgear including fixed lights associated therewith.

(b) The neutral point of any alternating current system, where the voltage exceeds 25 volts, shall be connected with earth, except that one pole of a three-phase three-wire system derived from the secondary winding of a three-phase transformer and used for indicating instruments or other accessories of switchgear including fixed lights associated therewith, may be earthed instead of the neutral point.

(11) (a) The system shall be connected with earth at one point only, provided that this requirement shall not apply to an earthed concentric system nor to a system used wholly or mainly for traction, and in which the running rails are connected to one main terminal of the system.

(b) No automatic circuit-opening device shall be introduced into the connection between the system and the earth plate. Nevertheless, a non-automatic switch or a link may be used to isolate a generator or transformer for the purpose of testing or where energy is obtained from two or more generators or transformers in parallel to enable the neutral point of one only to be connected with earth.

(c) Subject to compliance with the requirements of this Regulation as to the automatic control of the current in the system, it shall be permissible to include a current limiting device in the circuit between the system and the earth plate.

(12) Where the system is not connected to the same earth plate or earth plates to which are connected the metallic structures that are required to be connected with earth, then the several earth plates shall be connected with one another by an earthing conductor complying with this Regulation, unless the electrical resistance between the several earth plates through the general mass of earth is not more than two ohms.

Provided that when the earth plate to which the system is connected is remote from the consumer's installation, or is otherwise inaccessible to the consumer, it shall suffice that the electrical resistance between the consumer's earth plate and the general mass of earth shall be not more than two ohms.

(13) (a) The insulation resistance of any circuit, excepting the insulation resistance of that conductor (if any) which is normally connected with earth, shall be so maintained that in normal working the leakage current does not exceed one ten-thousandth part of the rated current for the circuit.

(b) Subparagraph (a) of this paragraph shall not apply to overhead lines.

(14) The current in an alternating current system in which the voltage exceeds 125 volts for portable or transportable apparatus or 650 volts for other apparatus, shall be so controlled that, when in any circuit the leakage current to earth exceeds fifteen per cent. of the rated current for the circuit, the circuit shall be automatically isolated.

(15) The current in the system shall be so controlled that, when in any circuit the current exceeds the rated current so as to involve danger, the current shall be automatically cut off.

(16) Every circuit-breaker and fuse shall be of adequate breaking capacity for the circuit in which it is used and having regard for the energy in the system, so as to avoid danger.

(17) Adequate precautions shall be taken to isolate any electric line, conductor or apparatus, if there is danger therefrom, before the conductors are handled and, where necessary to prevent danger, suitable means shall be provided and used to enable the conductors of the circuit upon which work is to be done to be connected with earth before they are handled, and the said conductors shall remain connected with earth until the work is finished.

(18) (a) Energy shall not be supplied to any portable hand lamp above low voltage direct current or 25 volts alternating current.

(b) Energy shall not be supplied to any portable apparatus above low voltage direct current or 125 volts alternating current where the continuous rated output of the motor (if any) comprised therein does not exceed five horse-power, or, in the case of other applications of energy, where the rated input does not exceed 5 kilo volt amperes.

(19) Where energy is transformed, suitable provision shall be made to protect the lower voltage system from becoming charged above its normal voltage by leakage or electrostatic induction from the higher voltage system, either by connecting with earth a point of the lower voltage system or by other equally effective means.

(20) Inflammable material shall not be used for the construction of any room or compartment below ground containing apparatus nor in proximity to any apparatus therein unless the apparatus is so constructed as to obviate the risk of fire, so far as is reasonably practicable, and inflammable material shall not be stored in any such room or compartment.

(21) (a) In any place below ground where oil immersed apparatus is installed containing in the aggregate more than one hundred gallons of oil, provision shall be made to localise a fire resulting from the ignition of the oil and adequate means shall be provided at the place for extinguishing such a fire.

(b) Spare oil shall not be stored in any place below ground containing apparatus.

(22) Means shall be provided at the surface of the mine to enable all current to be cut off from the installation below ground, and during the time the said installation is live a person authorised to use the said means shall be available within easy reach thereof, and telephonic communication shall be provided between the surface and one or more convenient places in the mine.

(23) Where necessary to prevent danger, suitable means shall be provided at the surface of the mine to protect the installation below ground from abnormal voltage due to atmospheric electricity.

(24) Where in any part of the mine there may be risk of igniting inflammable gas, all apparatus including telephones and signalling apparatus installed in such places shall be of a type approved by the Minister for the purpose.

(25) Electric locomotives shall not be newly introduced for haulage below ground except with the consent of the Minister and subject to such conditions as the Minister may determine.

(26) The consumer shall keep at the mine a plan to scale showing the position of all apparatus and cables installed in the mine and the said plan shall show in distinguishing colours or by other means all apparatus and cables that may be installed subsequent to the date when these Regulations come into force.

(27) No person except an electrician of the requisite skill and experience shall undertake any work where technical knowledge is required adequately to avoid danger.

(28) No person except an authorised person shall undertake any work incidental to the generation, transformation, transmission, or use of energy

(29) Instructions for the treatment of persons suffering from electric shock shall be exhibited at the mine or that part of the mine where the voltage exceeds low voltage direct current or 125 volts alternating current.

(30) (a) An external examination of all apparatus, cables and electric lines shall be made by an authorised person not less frequently than once in every seven days.

(b) Before any apparatus, cable or electric line that has been newly installed or re-installed in a new position is put into service it shall be thoroughly examined and tested by an authorised person for insulation resistance and for the conductance of the earthing conductors comprised therein or associated therewith.

(c) The results of the said examination and test shall be recorded in a report to be kept at the mine and the report shall be signed and dated by the person who made the examination or test.

(31) Tests shall be made not less frequently than once in each six months, or such longer period as an inspector may allow, of the insulation resistance of all parts of the consumer's installation and of the conductance of the earthing conductors comprised therein, and of the earth plate or plates associated therewith. The results of these tests with the date upon which each test was made shall be recorded in a report to be kept at the mine, and the report shall be signed and dated by the person who made the test.

PART VII. MISCELLANEOUS.

37 Making and revocation of certificates of exemption.

37. Any certificate or notice of, or any exemption or relaxation granted by the Minister or by an inspector under the Regulations, may be given or granted and from time to time revoked or altered by the Minister or inspector, as the case may be, either unconditionally or subject to such conditions as the Minister or inspector may see fit.

GIVEN under my Official Seal, this 27th day of October, 1956.

(Sgd.) WILLIAM NORTON,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

The purpose of this instrument is to make provision for the safety, health and welfare of persons employed in metalliferous mines.

These regulations are in substitution for the general rules contained in section 23 of the Metalliferous Mines Regulation Act, 1872.