HSE's plan of work for the mining industry targets the key priorities identified in the Revitalising Health and Safety Strategy and additional priority topics identified by HSE's Hazardous Installations Directorate (HID).
Much of HID's activities are driven by statutory duties on HSE arising from permissioning and licensing, mining is no exception to this.
Mining legislation gives rise to a number of permissioning activities, notification of certain activities is required. Though some notifications received by the Mines Inspectorate are not due to legal obligation the current policy is to assess all mining notifications and to follow up where there appear to be substantive issues.
At visits to Mines, HSE inspectors will be seeking to ensure that management systems are in place to address any issues that exist.
The Mines Inspectorate (MI) exchanges information with its industry stakeholders in a number of ways:
- The Mining Industry Leadership Group (MISLG) includes members from key sectors of the industry. Its primary role is to provide a forum to develop, lead and implement a strategy for health and safety in the mining industry. The group is committed to addressing the following strategic goals:
- Leadership
- Involving the workforce
- Avoiding catastrophe
- Building competence
- Creating healthier, safer workplaces
- On the European front, MI has a strong association with the
EU's 'Standing Working Party for the Mining and Other
Extractive Industries functioning within DG V's Advisory
Committee on Safety and Health at Work', chairing one of its
sub-committees.
- Senior mechanical and electrical engineers from both coal and non-coal mine operators attend regular 'Engineering Liason Meetings' chaired by MI.
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:
- in the case of a mine of shale, eighteen years;
- 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 selected".
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."