Mines

The Mines Regulations 2014 came into force on 6 April 2015 and replaced 47 mines-specific legal instruments (32 substantive sets of Regulations or orders, 13 amending instruments and two Acts dating from 1954 to 2007). Professor Löfstedt’s 2011 report, Reclaiming health and safety for all: An independent review of health and safety legislation, (see Chapter 1) recommended this consolidation.

The HSE publication L149 Mines Regulations 2014 Guidance on Regulations (www.hse.gov.uk/pubns/priced/l149.pdf) now applies.

The HSE says that the key elements of the change include:

• the move from a large volume of prescriptive law to shorter, more goal-setting requirements focusing on mining major hazards. This is a significant structural change to the legal framework and the HSE says that it is working with the industry and workforce representatives to facilitate the transition;

• general health and safety regulations will be used where they adequately regulate risks currently covered by mines legislation, removing duplicate requirements;

• the principal dutyholder will be the mine operator and not the mine manager;

• a focus on ensuring that the mine operator has effective risk control systems in place. Most of the requirements to notify the regulator or otherwise seek consent, authorisation or other form of permission to undertake certain actions will be removed;

• clear requirements will remain on all mine operators to maintain effective rescue provisions, but there will no longer be a requirement for coal mines to participate in an approved mines rescue scheme; and

• a clear requirement for all people working in a mine to be competent. HSE approval of qualifications and the requirement for certain post-holders to possess them will be removed.

Unions have warned that relaxing the rules on mine safety could cost lives. In particular, they have criticised exempting mines from the previously compulsory Mine Rescue Service in the event of workers being trapped underground, and changes to mine safety inspections.

The HSE microsite on mining is at: www.hse.gov.uk/mining