Changes to mining law to remove age discrimination.
European Employment Directive
2000/78/EC requires Member States to remove by 1 October 2006 any
discriminatory laws, regulations and administrative provisions that
discriminate against individuals on the grounds of age in the field of
employment and vocational training.
In mining law there are only
a few examples left where age conditions are laid down. The
current approach is reflected in the Management and Administration of
Safety and Health at Mines Regulations 1993 where regulation 23
enshrines the principle that only trained and competent persons, other
than suitably supervised trainees, can work in mines.
The remaining references to
age in mining Acts and Regulations are removed from 1 October 2006
by the Employment Equality (Age) Regulations 2006 (SI 2006/1031).
In addition the Health and Safety Commission has approved amendments to
two Approved Codes of Practice (ACOP). These changes are detailed
in the list below.
Any age restrictions required
by Consents, Approvals or Exemptions issued by Inspectors will also
cease to have effect from 1 October 2006.
List of changes to mining law and ACOPs from 1 October 2006
The Mines and Quarries Act 1954; c70
Section 42 (1) delete “who has attained the age of twenty two years”.
Section 43 (2) delete ”who has attained the age of eighteen years”.
Section 44 delete ”who has attained the age of eighteen years”.
The Management and Administration of Safety and Health in Mines
Regulations 1993; SI 1993/1897
Regulation 17(2) is revoked in its entirety.
Coal and other Safety-lamp Mines (Explosives) Regulations 1993; SI 1993/208
Regulation 4(4) delete ”he is a least 21 years of age and”
Miscellaneous Mines (Explosives) Regulations 1959 SI 1959/2258
Regulation 6(2) is revoked in its entirety.
(Note; Regulation 6 (1) already addresses competency)
Regulation 8(2) delete ”has attained the age of eighteen years and“
Stratified Ironstone, Shale and Fireclay Mines (Explosives) Regulations
1956; SI 1956/1943.
Regulation 3(a) is revoked in its entirety.
Coal and Other Mines (Sidings) Regulations 1956; SI 1956/1773
Regulation 21(1) to be revoked in its entirety.
Regulation 21(2) to be revoked in its entirety.
Regulation 22, the definition of “locomotive” is revoked.
The Coal and Other Mines (Locomotives) Regulations 1956 SI 1956/1771
Regulation 17(1) delete “and no appointed driver shall operate a
locomotive hauling persons in vehicles unless he has attained the age of:
(a) in the case of a mine of shale, eighteen years;
(b) in the case of any other mine, twenty-one years.”
(Note; Regulation 17(2) already addresses competency)
Note: Age restrictions in Special Regulations relating to specific
mines also cease to have effect from 1 October 2006.
Amendments to ACOP and guidance from 1 October 2006
Escape and Rescue from Mines ACOP and guidance L71
ACOP Paragraph 101: delete ”less than 45 years old when initially
Explosives at Coal and other Safety-lamp Mines ACOP and guidance L45
ACOP Appendix 1, Part one: delete “Note: Regulation 4 requires that a
person must have attained the age of 21 years before they can be appointed
as a shotfirer.”