S.I. No. 85/1987 - Mines (Safety Training) Regulations, 1987.

S.I. No. 85 of 1987.

MINES (SAFETY TRAINING) REGULATIONS, 1987.

I, BERTIE AHERN, T.D., Minister for Labour, in exercise of the powers conferred on me by sections 18 (2) and 127 of the Mines and Quarries Act, 1965 (No. 7 of 1965), and the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1966 ( S.I. No. 164 of 1966 ), and after due compliance with the provisions of that Act relating to the procedure for making general regulations, hereby make the following Regulations:

1. These Regulations may be cited as the Mines (Safety Training) Regulations, 1987.

2. These Regulations shall come into operation on the 1st day of April, 1987.

3. In these Regulations—

"the Act" means the Mines and Quarries Act, 1965 (No. 7 of 1965);

"inspector" means an inspector under the Act;

"instructor" means a person appointed by the manager of a mine in accordance with Regulation 7 of these Regulations;

"manager" means a person appointed under section 13 of the Act to be the sole manager of a mine;

"the Minister" means the Minister for Labour;

"owner" has the meaning assigned to it in relation to a mine by section 4 of the Act;

"retraining" means the reacquisition of necessary skills, in one or more operations connected with the operation of a mine, by instruction and practice for continued employment at a mine by a person who had undergone previous training in such operation or operations;

"safety training officer" means an officer appointed in accordance with Regulation 6 of these Regulations;

"supervising workman" means a workman appointed by the manager of a mine in accordance with Regulation 8 of these Regulations;

"training" means the acquisition by practice and instruction, in accordance with a training scheme, of the necessary skills in one or more operations connected with the operation of a mine for employment at a mine by a person who—

(a) is employed at a mine for the first time, or

(b) was previously employed at a mine, or

(c) is employed at a mine but is required to acquire the necessary skills in any operation for which he had received no previous instruction and practice;

"training scheme" means a scheme to which Regulation 9 of these Regulations relates.

4. These Regulations shall, except where an exemption is granted under Regulation 5 of these Regulations, apply to every mine.

5. An inspector may, by a notice in writing served on the owner of a mine, grant an exemption from the application of any provision of these Regulations in respect of the mine if he is satisfied that the safety of the persons employed there will not be prejudiced by such exemption.

6. (1) There shall be appointed in writing by the manager of every mine a safety training officer to superintend the implementation of the requirements of these Regulations at that mine.

(2) Without prejudice to the generality of the foregoing paragraph, the duties of a safety training officer shall include—

(a) the superintending of training, retraining or supervision required to be given or provided for by the training scheme for the mine,

(b) the keeping of a training record of the training or retraining given in pursuance of the training scheme for the mine and the furnishing, at such times as the manager of the mine may request, of reports to him on the progress of each person undergoing such training or retraining,

(c) the making of recommendations to the manager of the mine as to the training of any person employed at the mine for employment on work for which the person has no previous training,

(d) the making of recommendations to the manager of the mine as to the retraining of any person employed at the mine on any operation,

(e) the certifying to the manager that a person has completed his training or retraining, as the case may be, and, in the case of a person undergoing training for employment on work for which he had no previous training, that he is competent to do that work without supervision.

(3) Under this Regulation, a safety training officer may be appointed on a part-time basis if there are less than 500 persons normally employed at the mine and, in every other case, he shall be appointed, subject to paragraph (4), on a full time basis.

(4) For the purpose of paragraph (3) of this Regulation, a person shall not be regarded as being employed other than as a full time safety training officer where he performs duties in relation to the mine, other than those specified in paragraph (2) of this Regulation, and—

(a) those duties are in addition to the duties prescribed by these Regulations and are concerned with the safety of persons employed at the mine, or

(b) the total number of persons undergoing training and retraining under these Regulations is less than 50.

7. (1) There shall be appointed by a notice in writing by the manager of every mine one or more persons to act as instructors at the mine.

(2) The manager shall ensure that any person appointed under the foregoing paragraph—

(a) is qualified to give instruction and supervision in the performance of the work in which instruction and supervision are being given,

(b) is required to devote his whole time to giving instruction and supervision while a training scheme is in progress, and

(c) does not himself perform or assist in the performance of the work in which he is giving instruction and supervision otherwise than for the purpose of demonstration.

(3) The notice referred to in paragraph (1) of this Regulation shall be in the form set out in the Schedule to these Regulations as Form No. 1.

8. (1) There shall be appointed by a notice in writing by the manager of every mine one or more persons to act as supervising workmen at the mine.

(2) The manager shall ensure that any person appointed under the foregoing paragraph is skilled in the performance of the work in which instruction and supervision are being given.

(3) The notice referred to in paragraph (1) of this Regulation shall be in the form set out in the Schedule to these Regulations as Form No. 1.

9. (1) The manager of a mine shall submit or cause to be submitted to an inspector a training scheme or any proposed variation of an existing training scheme setting out particulars of the manner in which the requirements of these Regulations as to training or retraining are to be complied with.

(2) Every training scheme shall include provisions relating to—

(a) the training of persons for work either at the surface of the mine or in the mine below ground or to both;

(b) a description of each operation for which, in the opinion of the manager, training or retraining is required;

(d) the appointment of a competent person to act as a safety training officer;

(e) the appointment of competent persons to act as supervising workmen or instructors.

(3) An inspector shall give his approval in writing to every training scheme or any proposed variation of an existing training scheme submitted to him under this Regulation of which he approves.

(4) Training or retraining at a mine shall not be regarded as complying with the requirements of these Regulations unless it is given in accordance with the provisions of a relevant training scheme approved of by an inspector under paragraph (3) of this Regulation.

(5) The manager shall ensure that a copy of a training scheme approved of by an inspector under paragraph (3) of this Regulation is supplied to each person who is required by these Regulations to undergo training or retraining under that scheme.

(6) The provisions of this Regulation shall be complied with on and from the day which is nine months after—

(a) the day on which these Regulations come into operation, or

(b) the day on which the mine is opened, whichever is the later.

10. (1) The manager of a mine shall take all practicable steps to ensure that a person to be employed in the mine in work below ground for which training is required under these Regulations shall not be so employed unless he has received the training described in paragraph (2) of this Regulation and there is at the mine a certificate issued by the manager of, or the safety training officer for, the mine, stating that the person has received such training.

(2) The training referred to in the foregoing paragraph is training which—

(a) is given to a person during the working hours during which he may be lawfully employed at a mine,

(b) comprises adequate instruction in safe methods of working below ground in a mine, and

(3) When a person has completed the training described in the said paragraph (2) he shall be given a copy of the certificate referred to in paragraph (1) of this Regulation which shall be in the form set out in the Schedule to these Regulations as Form No. 2.

(4) The requirements of paragraph (1) of this Regulation are in addition to those contained in section 84 of the Act.

11. (1) The manager of a mine shall take all practicable steps to ensure that a person to be employed in work at the surface of the mine for which training is required under these Regulations (other than work for which a recognised apprenticeship is required) shall not be so employed unless he has received the training described in paragraph (2) of this Regulation and there is at the mine a certificate issued by the manager of, or the safety training officer for, the mine, stating that the person has received such training.

(2) The training referred to in the foregoing paragraph is training which—

(a) is given to a person during the working hours during which the person may be lawfully employed at a mine,

(b) comprises adequate instruction in safe methods of working, and

(4) The requirements of paragraph (1) of this Regulation are in addition to those contained in section 84 of the Act.

12. The manager of a mine shall ensure that adequate arrangements are made for the conducting of refresher courses at the mine in order that the expertise of the persons employed there may be brought up to date as and when required.

13. (1) The manager of a mine shall take all practical steps to ensure that the requirements of these Regulations are complied with and in case a person employed at the mine is required by these Regulations to undergo training, retraining or supervision, the manager shall require the person to undergo the training, retraining or supervision, as the case may be.

(2) Every person employed at a mine shall comply with such directions concerning training or retraining as may be given to him by or on behalf of the manager and no person shall be employed in an operation for which he requires training or retraining unless he complies with those directions.

14. (1) Subject to paragraph (3) of this Regulation, the records and reports relating to each person employed at a mine which are required to be made under these Regulations or a training scheme for the mine, shall be kept together in one place at the mine or at such other place as may be approved of by an inspector in writing.

(2) Every person employed at a mine shall be entitled at all reasonable times to inspect his personal training record.

(3) When a mine is abandoned the records and reports referred to in paragraph (1) of this Regulation shall, within three months of such abandonment, be sent to the Minister to be kept by him for any period he considers necessary for the purpose of enabling these Regulations to be carried into effect and, at the end of such period, the Minister may dispose of them as he thinks fit.

(4) Where a person (being a person ceasing or intending to cease employment at a mine) seeks employment at another mine, the manager of that other mine shall be entitled—

(a) to receive on request a copy of any training record for that person from the manager of the first-mentioned mine which is being kept in accordance with this Regulation, or

(b) to request a copy of any training record for that person which is being kept by the Minister in accordance with paragraph (3) of this Regulation and the Minister may at his discretion, after considering the opinion of an inspector, accede to the request.

(5) Where the manager of a mine has received a copy of a training record in accordance with paragraph (4) of this Regulation, he shall ensure that the person to whom it relates is provided with a copy thereof.

15. (1) Subject to paragraph (2) of this Regulation, it shall be the duty of the manager of a mine to take all practicable steps to ensure that no person is employed as a mechanic, electrician or other tradesman at the mine unless such person has served a recognised apprenticeship or its equivalent in the trade at which he is employed.

(2) This Regulation shall not apply in relation to a person who is employed as an apprentice and who is serving an apprenticeship under an apprenticeship scheme approved of by An Chomhairle Oiliúna.

(3) The requirements of paragraph (1) of this Regulation are in addition to those contained in section 84 of the Act.

SCHEDULE

Regulations7 (3), 8 (3).

Form No. 1

MINES AND QUARRIES ACT, 1965

MINES (SAFETY TRAINING) REGULATIONS, 1987.

NOTICE TO INSTRUCTOR OR SUPERVISING WORKMAN OF PERSON TO BE SUPERVISED AND NATURE OF WORK TO BE PERFORMED.

Name and Address of Mine
............................................................ ............................................................ ............................................................ .......
............................................................ ............................................................ ............................................................ .......
To (a) ............................................................ ............................................................ .......................................................
(Instructor/Supervising Workman) (b)
TAKE NOTICE THAT I HEREBY ASSIGN TO YOU the duty of exercising close personal supervision over (c)............................................................ ............................................................ ............................................................ ..
in carrying out (d) ............................................................ ............................................................ ...................................
for a period of.......................................... working days from (e)............................................................ .....................
		Signature............................................................ ..........
		(Manager)
Date............................................................ ......Name of Mine ............................................................ ............................
Instructions:	(a) Insert full name of instructor or supervising workman. (b) Delete word(s) not applicable. (c) Insert full name of person to be supervised. (d) State work in which the person is to be supervised. (e) Insert date from which supervision is to be given.

Regulations

10 (3), 11 (3).

Form No. 2

MINES AND QUARRIES ACT, 1965

MINES (SAFETY TRAINING) REGULATIONS, 1987.

CERTIFICATE OF TRAINING

Name and Address of Mine

............................................................ ............................................................ ............................................................ .........

I HEREBY CERTIFY THAT (a) ............................................................ ............................................................ ..............

............................................................ ............................................................ ............................................................ .........

has received for at least ................................................working days, practical training under the close personal supervision of an instructor or supervising workman in the operation(s) specified hereunder, being training which meets the requirements of the Regulations mentioned above and is competent to be employed in the said operation(s).

		Signature .......................................................
		(Manager/Safety Training Officer) (b)
Date .......................................		Name of Mine ...............................................
OPERATION(S) (c)
1. ...........................................		4. ...................................................
2. ..........................................		5. ...................................................
3. ..........................................		6. ...................................................
Instructions:	(a) Insert full name and address.
	(b) Delete word(s) not applicable.
	(c) Insert the operations or parts of operations in which training was given during the period to which this certificate relates.

GIVEN under my Official Seal, this 25th day of March, 1987.

BERTIE AHERN,

Minister for Labour.

EXPLANATORY NOTE.

These regulations prescribe training measures to be taken for the safety, health and welfare of persons employed at or in mines.