Mines and Quarries Act, 1965

Withdrawal of workmen in case of danger.

75.—(1) If at any time it is found by the person for the time being in charge of the mine, or any part thereof, that, by reason of the prevalence of inflammable or noxious gases, or of any cause whatever, the mine or any place in the mine is dangerous, every workman shall be withdrawn from the mine or place found dangerous, and a deputy, or other competent person authorised by the manager for the purpose, shall inspect the mine or place found dangerous, and, if the danger arises from inflammable gas, shall inspect the mine or place with a locked safety lamp, and in every case shall make a full and accurate report of the condition of the mine or place.

(2) A workman shall not, except in so far as is necessary for inquiring into the cause of danger or for the removal thereof, or for exploration, be re-admitted into the mine or place found dangerous, until it is reported not to be dangerous.

(3) For the purposes of this section a place shall be deemed to be dangerous if the amount of inflammable gas present in the general body of air at that place is not less by volume than the following percentage—

(a) in the case of a mine, or a part of any mine, in which the use of lamps or lights other than permitted lights is unlawful—two per cent. or such greater percentage (not exceeding two and a half) as may be prescribed;

(b) in the case of any other place—one and a quarter per cent. or such smaller percentage as may be prescribed,

or if, at a place to which paragraph (b) applies, an indication of gas is seen on the lowered flame of a safety lamp.

(4) Every report under this section shall be recorded in a separate book which shall be kept at the mine for the purpose, and shall be signed by the person who made the inspection.

(5) If a workman discovers the presence of inflammable gas in his working place, he shall immediately withdraw therefrom and inform the manager or deputy.

Machinery and Apparatus