S.I. No. 76/1970:

MINES AND QUARRIES (NOTIFICATION OF DANGEROUS OCCURRENCES) ORDER, 1970.

MINES AND QUARRIES (NOTIFICATION OF DANGEROUS OCCURRENCES) ORDER, 1970.

I, JOSEPH BRENNAN, Minister for Labour, being of the opinion that the classes of occurrences specified in this Order are of so dangerous a nature as to render it expedient that notice should be given under section 98 of the Mines and Quarries Act, 1965 (No. 7 of 1965), in every case, hereby, in exercise of the powers conferred on me by section 99 (1) of the said Act and the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1966 ( S.I. No. 164 of 1966 ), order as follows:--

1. This Order may be cited as the Mines and Quarries (Notification of Dangerous Occurrences) Order, 1970.

2. This Order shall come into operation on the 1st day of June, 1970.

3. In this Order "the Act" means the Mines and Quarries Act, 1965 (No. 7 of 1965).

4. (1) Subject to paragraph (2) of this Article and to Article 6 of this Order, the provisions of section 98 of the act are hereby extended to the following classes of occurrences at a mine (whether death or serious bodily injury is caused or not), that is to say, occurrences in which--

(a) any gas, other than gas in a safety lamp, or dust is ignited below ground,

(b) a fire breaks out below ground,

(c) a person, in consequence of smoke or any other indication that a fire may have broken out below ground, has been caused to leave any place pursuant to section 75 of the Act.

(d) a fire breaks out on the surface endangering the operation of--

(i) any winding or haulage apparatus installed either at or in a shaft of the mine or at or in an unwalkable outlet from the mine, or

(ii) any mechanically operated apparatus for producing ventilation below ground in the mine,

(e) there is any violent outburst of gas, mineral, ore, or other solid matter into the mine workings not being such an outburst which is caused intentionally,

(f) there is an inrush of noxious or flammable gas from old workings,

(g) there is an inrush of water, or any material which flows when wet.

(h) a rope, chain, coupling or other gear of similar kind, by means of which persons are carried through a shaft, staple-pit or unwalkable outlet, breaks,

(i) a rope, chain, coupling or other gear of similar kind, used for the transport of persons below ground, breaks,

(j) any cage used for the carriage of persons is overwound while being so used,

(k) any cage not being used for the carriage of persons is overwound and becomes detached from its winding rope,

(l) any cage operated by means of the friction of a rope on a winding sheave is brought to rest by the apparatus provided for bringing the cage to rest in the event of its being overwound (such apparatus being sited either in the headframe of the relevant shaft or in the part of such shaft which is below the lowest landing for the time being in use),

(m) there is an explosion from, or collapse or burst of, any apparatus which is used either for generating a pressure of air, gas or steam greater than atmospheric, or for storing air, gas or steam at such a pressure,

(n) any ventilating apparatus (other than an auxiliary fan) breaks down thereby causing a substantial reduction in the ventilation of the relevant mine lasting for a period exceeding thirty minutes,

(o) any headframe, winding engine house, screen house, tippler house or vehicle gantry collapses,

(p) any mechanically powered crane, crab or other lifting machine overturns, or any part thereof fails and causes the load of the machine to fall or, in case the machine has a jib, causes the jib to fall,

(q) breathing apparatus, a smoke helmet or other apparatus serving the same purpose, while being used, fails to function safely or develops a defect likely to affect its safe working,

(r) immediately after using and arising out of the use of apparatus mentioned in subparagraph (q) a person receives first aid or medical treatment at the mine for resulting unfitness or suspected resulting unfitness,

(s) a person suffers an electric shock or burn from contact with a conductor in an electric circuit (being a circuit in which the voltage for the time being exceeds twenty-five volts) and receives first aid or medical treatment at the relevant mine,

(t) a person, as a result of an explosion or discharge of any blasting material or device within the meaning of section 66 (3) of the Act, suffers bodily injury and receives first aid or medical treatment at the relevant mine, or

(u) there is any movement of material, a fire or any other event indicating either that an accumulation or deposit of refuse, or that a settling pond forming part of the mine, is unstable or is likely shortly to become unstable.

(2) Paragraph (1) (m) of this Article shall not apply to an explosion in relation to which the Boiler Explosions Act, 1882, applies.

5. (1) Subject to paragraph (2) of this Article and to Article 6 of this Order, the provisions of section 98 of the Act are hereby extended to the following classes of occurences at a quarry (whether death or serious bodily injury is caused or not), that is to say, occurrences in which--

(a) any rope, chain, coupling or other gear of a similar kind and used for the transport of persons breaks,

(b) any automatic device with which any mechanically operated apparatus used for moving a conveyance on a ropeway is provided fails to operate by reason either of its not being in full engagement or of a defect in the device,

(c) any automatic device for preventing danger to persons in the event of an over-hoist and with which any crane being used for the carriage of persons is provided, fails to operate by reason either of its not being in full engagement or of a defect in the device,

(d) there is any explosion from, or collapse or burst of, any apparatus which is used either for generating a pressure of air, gas or steam greater than atmospheric, or for storing air, gas or steam at such a pressure,

(e) any screen house, tippler house or vehicle gantry or any engine house used in connection with the transport of persons to or from their working places collapses,

(f) any mechanically powered crane, crab or other lifting machine overturns, or any part thereof fails and causes the load of the machine to fall, or in case the machine has a jib, causes the jib to fall,

(g) any person, suffers an electric shock or burn from contact with a conductor in an electric circuit (being a circuit in which the voltage for the time being exceeds twenty five volts) and receives first aid or medical treatment at the relevant quarry,

(h) a person, as a result of an explosion or discharge of any blasting materials or device within the meaning of section 66 (3) of the Act, suffers bodily injury and receives first aid or medical treatment at the relevant quarry, or

(i) there is any movement of material, a fire or any other event indicating either that an accumulation or deposit of refuse, or that a settling pond forming part of the quarry, is unstable or is likely shortly to become unstable.

(2) Paragraph (1) (d) of this Article shall not apply in relation to an explosion in relation to which the Boiler Explosions Act, 1882, applies.

6. (1) Articles 4 and 5 of this Order shall not apply to any occurrence (other than an occurrence mentioned in paragraph (1) (d) of the said Article 4) at any place either on the surface of a mine or in a quarry, where any building operation undertaken by way of trade or business, or for the purpose of any industrial or commercial undertaking, is being carried on, provided that the occurrence arises out of such operation.

(2) In the preceding paragraph "building operation" has the same meaning as in section 2 (1) of the Factories Act, 1955 (No. 10 of 1955).

7. The notice of an occurrence (whether death or serious bodily injury is caused or not) mentioned in Articles 4 and 5 of this Order and required by virtue of this Order and section 98 of the Act to be given by the responsible person in the manner specified in that section shall be in the form and shall contain the particulars specified in the Schedule to this Order.

GIVEN under my Official Seal, this 10th day of April, 1970.

JOSEPH BRENNAN,

Minister for Labour.

EXPLANATORY NOTE.

This Order extends the provisions of Section 98 (1) of the Mines and Quarries Act, 1965 , to specified dangerous occurrences at mines and quarries, thereby requiring that notice of such occurrences be given to, inter alia, an inspector. In addition the Order prescribes the form of notice to be used for this purpose and the particulars to be contained in the notice.

SCHEDULE

FORM OF NOTICE OF ACCIDENT OR DANGEROUS OCCURRENCE