Mining Regulations 2008

Ghana Draft Mining Regulations, 07/04/2023

D RAFT MINING REGULATIONS

In EXERCISE of the powers conferred on the Minister by section 110 of the Minerals and Mining Act, Act 703, these regulations are made this day of , 2008.Part 1 General.....................................................................................................................................................12

Subdivision 1.1 PRELIMINARY..............................................................................................................121101. Interpretation..................................................................................................................................12

Subdivision 1.2 General Administration....................................................................................................171201. Powers and functions of the Inspectorate Division........................................................................171202. Powers of Inspectors......................................................................................................................171203. Powers of Chief Inspector of Mines to prepare guidelines............................................................191204. Appeals against instructions of Inspectors or Chief Inspector of Mines........................................191205. Fees.................................................................................................................................................19

Subdivision 1.3 Operating Plan and Operating Permit..............................................................................191301. Operating Plans..............................................................................................................................191302. Type of Exploration or Mining Operating Plans............................................................................201303. Content of Exploration Operating Plan..........................................................................................201304. Content of Mining Operating Plan to be submitted.......................................................................211305. Modification of Operating Plans....................................................................................................231306. Emergency Response Plan.............................................................................................................23

Subdivision 1.4 Inspections, Investigations and Enquiries........................................................................241401. Type of Inspections and Investigations..........................................................................................241402. Notice of result of inspection.........................................................................................................241403. Specialist authorised by Chief Inspector of Mines.........................................................................251404. Obstruction of Inspectors is an offence..........................................................................................251405. Power of Inspectors to hold inquiries.............................................................................................251406. Reports of Accident Enquiries to Chief Inspector of Mines..........................................................261407. Negligence or incompetence of a person holding a permit or certificate.......................................271408. Inquest by Coroner.........................................................................................................................27

Subdivision 1.5 Improvement and prohibition notices..............................................................................281501. Improvement notice........................................................................................................................281502. Prohibition notice...........................................................................................................................29

Subdivision 1.6 Notices and Documents to be sent to Inspectorate Division...........................................311601. Notifications of activities and appointment of managers...............................................................311602. Notification of commencement or termination of employment of statutory personnel.................321603. Plans to be deposited with the Chief Inspector of Mines...............................................................321604. Reporting of accidents....................................................................................................................321605. Reporting of dangerous occurrences..............................................................................................34

Subdivision 1.7 Returns for statistical purposes........................................................................................351701. Monthly and quarterly returns........................................................................................................351702. Forms obtainable from Inspectorate Division................................................................................361703. Other returns to be forwarded if required.......................................................................................361704. False returns an offence..................................................................................................................36

Subdivision 1.8 Management of Mines.....................................................................................................371801. Holder to make financial provision................................................................................................371802. Appointment of Mine Manager......................................................................................................371803. Obligation of Holder to have always a Manager on site................................................................371804. Responsibility for working.............................................................................................................381805. Qualification of managers, underground managers and mine captain in underground mines.......381806. Qualification of managers, mine superintendent and mine captain in open pits............................391807. Qualification of managers of quarries............................................................................................391808. Appointments not to relieve manager of his personal responsibility.............................................401809. General responsibility of manager.................................................................................................401810. Responsibility for accidents occurring through incompetence of workmen..................................401811. Responsibility of manager for safety, health and environment......................................................401812. Records to be kept by the Mine Manager......................................................................................411813. Manager to ensure duties are assigned to competent persons........................................................421814. Appointment and qualification of shift bosses and mining foremen.............................................421815. Managers or mine captain not to act as shift boss or mining foreman...........................................43

of 261


1816. Duties of shift bosses and mining foremen....................................................................................431817. Continuity of responsibility of managers and mine captain...........................................................441818. Appointment of fire patrols in underground mines........................................................................441819. Machinery to be under charge of competent resident engineer.....................................................441820. Qualification of resident engineer..................................................................................................451821. Engineering personnel below the rank of resident engineers to be certified.................................451822. Inspecting engineer........................................................................................................................451823. Qualification of inspecting engineer..............................................................................................461824. Responsibility of manager for persons employed by contractors..................................................46

Subdivision 1.9 Offences...........................................................................................................................471901. Offences.........................................................................................................................................47

Part 2 Technical Rules........................................................................................................................................48Subdivision 2.1 Mine Plans.......................................................................................................................48

2101. Mine Plans of underground mines.................................................................................................482102. Mine plans of surface mines...........................................................................................................502103. Measurements.................................................................................................................................512104. Co-ordinates and records of surveys..............................................................................................512105. Permanent bench mark compulsory...............................................................................................512106. Establishment of Beacons..............................................................................................................522107. Temporary Beacons........................................................................................................................532108. Permanent Beacons........................................................................................................................542109. Maintenance of Beacons................................................................................................................542110. Additional Beacons........................................................................................................................542111. Workings must be surveyed before abandoning............................................................................552112. Removal of Beacons.......................................................................................................................552113. Plans to be produced for Inspectors or authorised persons............................................................562114. Power of Chief Inspector of Mines to order surveys.....................................................................562115. Plans of dams, lakes, waste dumps................................................................................................562116. Plans confidential...........................................................................................................................562117. Penalty on breach of obligations to keep and deposit correct plans...............................................572118. Withholding or concealing plans, faulty plans...............................................................................572119. Rules with regard to plans by Chief Inspector of Mines................................................................57

Subdivision 2.2 Exploration.......................................................................................................................582201. Cutting and use of grid lines..........................................................................................................582202. Tracks.............................................................................................................................................582203. Rehabilitation of tracks..................................................................................................................582204. Drill pads........................................................................................................................................582205. Trenches and pits............................................................................................................................592206. Rehabilitation and revegetation......................................................................................................59

Subdivision 2.3 Surface Mining................................................................................................................602301. Design of surface mine...................................................................................................................602302. Geotechnical considerations for surface operations.......................................................................602303. Design of haulage roads.................................................................................................................612304. Safe means of access to be provided and maintained at surface workings....................................622305. Boundary approach limit................................................................................................................622306. Mine boundaries.............................................................................................................................632307. Benches..........................................................................................................................................632308. Maximum working face height......................................................................................................632309. Precautions in working at the edge of faces and benches..............................................................632310. Slope of open pits in unconsolidated material...............................................................................652311. Precautions to be taken against fall of loose rock in open pits......................................................652312. Life line for workers barring loose rock in a surface mine............................................................652313. Manager responsible to avoid danger from falls............................................................................652314. Fall arrest equipment......................................................................................................................652315. Lighting..........................................................................................................................................662316. Operation of vehicles.....................................................................................................................662317. Only driver to ride on dumpers, etc. where no passenger seat.......................................................662318. Traffic control plan.........................................................................................................................672319. General requirements for belt conveyors.......................................................................................672320. Start-up warning device for belt conveyors required.....................................................................68

of 261


2321. Pull cords required.........................................................................................................................682322. Motor vehicle brakes......................................................................................................................682323. Motor vehicle safety equipment.....................................................................................................692324. Loading precautions.......................................................................................................................702325. Interpretation regarding dumps and stockpiles..............................................................................702326. Mine waste rock dump...................................................................................................................702327. Discontinuance of Waste Dumps...................................................................................................712328. Temporary Stockpiles....................................................................................................................722329. Dumping precautions.....................................................................................................................722330. Dumping at stockpiles and feed bins..............................................................................................732331. Stockpile safety precautions...........................................................................................................732332. Precautions for works at water ponds............................................................................................742333. Sluicing operations.........................................................................................................................752334. Restriction of access.......................................................................................................................752335. Sand pits.........................................................................................................................................752336. Dredges...........................................................................................................................................762337. Dredges to be approved..................................................................................................................762338. Approval of use of a dredge...........................................................................................................762339. Approval of repairs or modifications.............................................................................................772340. Dredging operations and maintenance...........................................................................................782341. Life saving appliances....................................................................................................................792342. Maximum number of persons permitted on a dredge....................................................................792343. Testing and recording of test required on a dredge........................................................................802344. Head lines, side lines and mooring lines........................................................................................802345. Illumination of dredges..................................................................................................................80

Subdivision 2.4 Underground Mining.......................................................................................................812401. Design of underground mine..........................................................................................................812402. Two outlets from mine to surface necessary..................................................................................822403. Exemption regarding outlets of underground mines......................................................................822404. Removal of pillars requires approval by Chief Inspector of Mines...............................................822405. Two independent outlets from the mine to surface required..........................................................832406. Responsibility for maintenance of outlets of different mines........................................................832407. Access to underground workings...................................................................................................832408. Exemptions regarding provisions for two outlets..........................................................................832409. Shaft landings.................................................................................................................................842410. Headgear to be equipped with ladder ways and fenced platforms.................................................852411. Ladderways to be provided in all shafts.........................................................................................852412. Platforms to be provided in ladderways.........................................................................................852413. Travelling ways in steeply inclined shafts to be bratticed off........................................................862414. Special travelling ways to be used.................................................................................................862415. Carrying of tools or loose materials on ladder-ways prohibited....................................................862416. Winding compartments, provision against crossing......................................................................872417. When crossing permitted................................................................................................................872418. Protection for sinkers and Travelling in Sinking Shafts................................................................872419. Refuge holes and minimum clearance from locomotive transport................................................882420. Refuge holes and minimum clearance from trackless transport....................................................882421. Underground mine roads................................................................................................................882422. Refuge holes...................................................................................................................................892423. Movement of persons prohibited if no refuge holes and minimum clearance...............................892424. Isolation of trolley lines where trackless vehicles..........................................................................892425. Trackless vehicles provisions.........................................................................................................892426. Provisions for scoops.....................................................................................................................912427. Provisions for drill jumbos.............................................................................................................912428. Provisions for underground mine trucks........................................................................................912429. Locomotive provisions...................................................................................................................912430. Duties of driver...............................................................................................................................922431. Fire extinguishers...........................................................................................................................922432. Speed limit, speed indicator and operating hour meter..................................................................922433. Vehicle not to be left unattended....................................................................................................932434. Unobstructed view for driver or guidance by authorised person...................................................93

of 261


2435. Underground vehicles and accessories to be built of non-flammable materials............................932436. Regular technical inspection of underground vehicles..................................................................932437. Underground workshops for vehicles............................................................................................942438. Only diesel engines permitted underground...................................................................................942439. Diesel engine requirements............................................................................................................942440. Rules of discipline to be observed regarding vehicles...................................................................952441. Haulage in inclines.........................................................................................................................952442. Riding on vehicles..........................................................................................................................952443. Signalling for traction other than a locomotive..............................................................................952444. Material exceeding length of truck.................................................................................................962445. Arrangement of control levers........................................................................................................962446. Defective and non-maintained vehicles not to be used..................................................................962447. Storage of fuel oil in locked enclosure...........................................................................................962448. Filling stations underground...........................................................................................................962449. Securing of workings with unsafe ground conditions....................................................................992450. Reporting danger and books for complaint....................................................................................992451. Safety pillars between adjoining properties and their removal......................................................992452. Material Used for Underground backfill......................................................................................1002453. Stagnant water to be drained off..................................................................................................1002454. Quality of underground mine air..................................................................................................1012455. Temperatures................................................................................................................................1022456. Persons not allowed to stay in foul air.........................................................................................1022457. Duty of manager to establish acceptable mine air quality...........................................................1022458. Respirator and dust mask to be provided.....................................................................................1022459. Power of Chief Inspector to prescribe minimum mine air quality...............................................1032460. Obligation of workmen to inform manager and duty of manager................................................1032461. Control of underground mine ventilation system.........................................................................1032462. Ventilation of adjoining mines.....................................................................................................1042463. Regular analysis of mine air samples...........................................................................................1042464. Diesel engine log book.................................................................................................................1042465. Diesel engines to be operated only where adequate ventilation...................................................1042466. Diesel engines to be stopped in event of failure of ventilation....................................................1052467. Operation of defective diesel engines prohibited.........................................................................1052468. Ventilation plans and records.......................................................................................................1052469. Ventilation doors provisions........................................................................................................1052470. Fire doors provisions....................................................................................................................1062471. Auxiliary ventilation provisions...................................................................................................1062472. Maximum length of auxiliary ventilation.....................................................................................1072473. Underground areas being not part of ventilation system..............................................................1072474. Fire extinguishers to be approved by Chief Inspector of Mines..................................................1082475. Blasting schedule..........................................................................................................................1082476. Vitiated air to be replaced after blasting......................................................................................1092477. Device to sweep the face of development works.........................................................................1092478. Obligatory activation of face sweeping device in development works........................................1092479. Control and removal of gas, fumes and dust................................................................................1092480. Dust collectors..............................................................................................................................1102481. Re-entry period after blasting.......................................................................................................1102482. Excavation through tailings to be ventilated................................................................................1102483. Water supply for dust suppression...............................................................................................1102484. Removal or suppression of dust...................................................................................................1102485. Use of wet swab...........................................................................................................................1102486. Use of compressed air for cleaning underground prohibited.......................................................1112487. Rock drills....................................................................................................................................1112488. Light to be carried underground...................................................................................................1132489. Permanent lighting at specific places underground......................................................................1132490. Lamp room for underground mines.............................................................................................113

Subdivision 2.5 Processing Plants...........................................................................................................1132501. Definitions....................................................................................................................................1132502. General provisions for processing plants.....................................................................................1162503. Crushing, screening and mechanical processing plants...............................................................116

of 261


2504. Management of Cyanide..............................................................................................................1172505. Risk assessment for gold processing plants using cyanide..........................................................1172506. Training of staff working in gold processing plants using cyanide.............................................1182507. First aid in gold processing plants using cyanide.........................................................................1182508. Personal Protective Equipment....................................................................................................1192509. Technical support to be supplied by manufacturers, suppliers and distributors of cyanide.........1202510. Procurement of cyanide................................................................................................................1202511. Transportation of cyanide.............................................................................................................1222512. Warehousing of cyanide...............................................................................................................1222513. Packaging of cyanide...................................................................................................................1232514. Security of cyanide.......................................................................................................................1242515. Off-loading of cyanide.................................................................................................................1252516. Storage at the cyanide leaching plant...........................................................................................1262517. Transfer of cyanide to process.....................................................................................................1302518. General use of cyanide.................................................................................................................1312519. Bunded areas and leak detection and recovery systems at gold processing plants using cyanide

1332520. Emergency ponds at gold processing plants using cyanide.........................................................1332521. Hazardous chemical response unit...............................................................................................1332522. Emergency preparedness and response at gold processing plants using cyanide........................1342523. Maintenance of gold processing plants using cyanide.................................................................1382524. Cyanide measurement and monitoring.........................................................................................1382525. Detoxification...............................................................................................................................1392526. Environmental management and monitoring of gold processing plants using cyanide...............1392527. Tailing pipelines of gold processing plants using cyanide...........................................................1402528. Backfill.........................................................................................................................................1412529. Electrowinning and smelting........................................................................................................1412530. Heap Leach pads general provisions............................................................................................1412531. Lining of heap leach pads.............................................................................................................1412532. Safe design and operation of heap leach pads..............................................................................141

Subdivision 2.6 Auxiliary mine surface facilities....................................................................................1432601. Ventilation in surface plants.........................................................................................................1432602. Discharge of dust, gas, fumes into the atmosphere......................................................................1432603. Removal of toxic substances........................................................................................................1432604. Washing facilities where toxic substance is handled...................................................................1432605. Workshops....................................................................................................................................1432606. Electric power stations.................................................................................................................1452607. Compressor stations.....................................................................................................................1452608. Fuel filling stations.......................................................................................................................1452609. Water- oil separator......................................................................................................................1462610. Warehouses and stockyards.........................................................................................................1462611. Working in confined spaces.........................................................................................................1462612. Working in confined spaces in which hazards could exist...........................................................1472613. Working in confined spaces where hazards could exist and which cannot be purged.................1472614. Permanent lighting at specific stationary machinery and surface installations............................1482615. Emergency lighting in buildings..................................................................................................148

Subdivision 2.7 Tailings storage facilities...............................................................................................1492701. Hazard classes..............................................................................................................................1492702. Embankments...............................................................................................................................1492703. Tailings storage facility impoundment.........................................................................................1502704. Tailings discharge system............................................................................................................1502705. Safety arrangements of tailings storage facilities.........................................................................1502706. Monitoring of tailings storage facilities.......................................................................................1512707. Design and construction of tailings storage facilities to be done by Qualified Engineer...........1512708. Plans of tailings storage facilities.................................................................................................1512709. Plans and specifications of tailings dams.....................................................................................1522710. Commissioning and audit of tailings storage facility...................................................................1532711. Discontinuance of tailings storage facilities.................................................................................153

Subdivision 2.8 Rehabilitation and Mine Closure...................................................................................1542801. General provisions for mine site rehabilitation and closure.........................................................154

of 261


2802. Mine closure plan for intended closing or abandonment.............................................................1542803. Submission of plans before closure of a mine..............................................................................1552804. Closure of open pit mines.............................................................................................................1552805. Openings to underground mines..................................................................................................1552806. Disposal of explosives..................................................................................................................1562807. Closure of processing plants........................................................................................................1562808. Securing hazardous plants............................................................................................................1562809. Closure of ancillary facilities.......................................................................................................1562810. Closure of heap leach pads...........................................................................................................1562811. Closure of tailings storage facilities.............................................................................................1572812. Closure of process ponds..............................................................................................................1572813. Closure of waste dumps...............................................................................................................157

Part 3 Machinery..............................................................................................................................................159Subdivision 3.1 General Provisions for Machinery.................................................................................159

3101. Code of safe working practice......................................................................................................1593102. Responsibility of manager for mechanical or electrical apparatus..............................................1593103. Condition of safety appliances.....................................................................................................1593104. Competent person to be in charge................................................................................................1603105. Continuous supervision necessary...............................................................................................1603106. Efficient guards to be provided....................................................................................................1603107. Fences and guards not to be removed..........................................................................................1603108. No interference with machinery...................................................................................................1603109. Repairing, oiling, etc. of machinery in motion............................................................................1603110. Belt driven machinery..................................................................................................................1613111. No loose outer clothing allowed in proximity of machines.........................................................1613112. Personal protective equipment to be provided.............................................................................1613113. Safety tags and locks....................................................................................................................1613114. Work procedure and work permits for hot works and in restricted areas....................................1623115. Labelling of electrical distribution system and piping network...................................................1623116. Safety Signs..................................................................................................................................1633117. Warning signal before starting a machine....................................................................................163

Subdivision 3.2 Elevators........................................................................................................................1643201. Elevators not to be used for transport of persons without permission.........................................1643202. Precautions for safety of persons in vicinity of elevator..............................................................1643203. Periodic examination of elevator..................................................................................................1643204. Locking doors of entrances to hatchway......................................................................................1643205. Construction and safety catches of elevator car...........................................................................164

Subdivision 3.3 Lifting Machines............................................................................................................1653301. General provisions of lifting machines........................................................................................1653302. Lifting machines to be erected or dismantled under supervision of competent person...............1653303. Examination of lifting machines by competent person................................................................1653304. Design of controls of lifting machines to prevent accidental operation.......................................1663305. Suitable diameter of drum or pulley.............................................................................................1663306. Three last turns shall remain on a winding drum.........................................................................1663307. No unattended load permitted from any lifting machine.............................................................1663308. No person allowed to be carried by lifting machine....................................................................1663309. Safety factors for cranes...............................................................................................................1663310. Lifting machines to be operated by or under supervision of competent person..........................1673311. Signalling for lifting machines.....................................................................................................1673312. Persons to observe safety distance to working lifting machines..................................................1673313. Load to be adequately secured.....................................................................................................1673314. Containers to be designed to prevent spillage..............................................................................1673315. Register for lifting machines........................................................................................................1673316. Hooks...........................................................................................................................................1673317. First examination of chains and ropes..........................................................................................1673318. Use of defective ropes, chains or slings prohibited......................................................................1683319. Warning device on specific lifting machines...............................................................................1683320. Lifting appliances.........................................................................................................................1683321. Platforms for the operation of lifting appliances..........................................................................1683322. Safe working load to be plainly marked, not to be exceeded.......................................................168

of 261


Subdivision 3.4 Aerial Ropeways............................................................................................................1703401. Clearance of aerial ropeways.......................................................................................................170

Subdivision 3.5 Steam Boilers and Air Receivers...................................................................................1713501. General provisions for steam boilers............................................................................................1713502. Safety valves and pressure gauges for steam boilers...................................................................1713503. Safety devices for steam boilers...................................................................................................1713504. Precautions before opening steam boilers....................................................................................1713505. Examination of steam boilers.......................................................................................................1713506. Examination of used steam boilers...............................................................................................1723507. Manufacturers certificate for new steam boilers..........................................................................1723508. Notice of use of a steam boiler.....................................................................................................1723509. Inspection of steam boilers...........................................................................................................1723510. Record book for steam boilers.....................................................................................................1733511. Notice before start of repair of steam boiler................................................................................1733512. General provisions for air receivers.............................................................................................1733513. Testing air receivers.....................................................................................................................1733514. Records of tests of air receivers...................................................................................................1733515. Inspection of air plant and record of inspections.........................................................................1733516. Supply of air for compressors......................................................................................................1743517. Fusible plugs and thermometers...................................................................................................1743518. Shell of air receiver to be visible for external inspection.............................................................1743519. Safety devices of air receivers......................................................................................................1743520. Drain valve of air receivers..........................................................................................................175

Subdivision 3.6 Electrical Systems..........................................................................................................1753601. Competent electrical engineer......................................................................................................1753602. Manager to ensure good condition of electrical apparatus...........................................................1753603. Yearly examination of electrical systems.....................................................................................1763604. Scheme for installation, use and examination of electrical apparatus..........................................1763605. Notice of electrical installations...................................................................................................1763606. Plans of electrical apparatus operating at a voltage in excess of 220 V.......................................1773607. Switchgear and cable connections to be protected.......................................................................1773608. Use of electrical equipment..........................................................................................................1773609. Faulty electrical equipment..........................................................................................................1783610. Examination and repairs...............................................................................................................1783611. Electrical control gear..................................................................................................................1793612. Motors..........................................................................................................................................1803613. Insulation of electrical equipment................................................................................................1813614. Electrical equipment to be earthed...............................................................................................1823615. Earth leakage protection...............................................................................................................1833616. Interference with electrical equipment.........................................................................................1843617. Unauthorised and unsafe switching and interruption to electricity supply..................................1843618. Lightning and surge protection....................................................................................................1843619. Conductors...................................................................................................................................1843620. Cables...........................................................................................................................................1853621. Flexible and trailing cables..........................................................................................................1893622. Electrical provisions for trackless vehicles..................................................................................1893623. Permitted voltage..........................................................................................................................1893624. Transformed energy.....................................................................................................................1903625. Protection of electrical equipment................................................................................................1903626. Switch and transformer premises.................................................................................................1903627. Notices to be posted.....................................................................................................................1913628. Generating plants and sub-stations to be adequately fenced off or enclosed...............................1913629. Trolley lines..................................................................................................................................1913630. Fire prevention in electrical installations.....................................................................................1923631. Factors of safety for overhead lines.............................................................................................1933632. Distances from roads, railways, etc. of overhead lines................................................................1933633. Distance from explosive magazines of overhead lines................................................................1933634. Clearance of overhead lines.........................................................................................................1933635. Design of overhead line................................................................................................................1943636. Breakage of conductors................................................................................................................194

of 261


3637. Line conductors to be rendered inaccessible................................................................................1943638. Supports of overhead lines...........................................................................................................1943639. Service line...................................................................................................................................1943640. Telephone lines............................................................................................................................1943641. Lines crossing other lines.............................................................................................................1943642. Inspection and maintenance of overhead lines.............................................................................194

Subdivision 3.7 Winding Apparatus and Winding Engines-Excluding Elevators..................................1963701. Appointment of Winding Operations Manager............................................................................1963702. Approval of installation of winding systems................................................................................1963703. Approval of components of winding systems..............................................................................1963704. Notification of repairs..................................................................................................................1963705. Winding apparatus to be provided with suitable locking device or brake...................................1973706. Brakes, devices, minimum rope and sheaves...............................................................................1973707. Single gear drum winding............................................................................................................1983708. Permission required for raising or lowering of persons...............................................................1983709. Cast iron drums prohibited...........................................................................................................1993710. Design of winding engine and operation of brakes......................................................................1993711. Reliable depth and speed indicator necessary..............................................................................2003712. Clutch of winding drums to be provided with locking arrangement............................................2003713. Brakes shall be fully applied automatically before opening clutch of winding drum..................2003714. Overwinding and overspeeding....................................................................................................2003715. Quality of winding ropes................................................................Error! Bookmark not defined.3716. Particulars of new winding ropes.................................................................................................2023717. Examination of new ropes and connecting apparatus..................................................................2023718. Records of winding rope..............................................................................................................2023719. Testing of Winding ropes.............................................................................................................2033720. Winding ropes to be tested if required by Chief Inspector of Mines...........................................2043721. Spare rope to be kept where persons are hoisted.........................................................................2043722. Retirement criteria of winding rope.............................................................................................2043723. Capping of winding ropes............................................................................................................2043724. Cage and skip attachments...........................................................................................................2053725. Life of rope...................................................................................................................................2063726. Used ropes prohibited...................................................................................................................2063727. Spliced ropes prohibited in shafts and winzes.............................................................................2063728. Guides to be provided..................................................................................................................2063729. Conveyances.................................................................................................................................2083730. Secure connection between rope and conveyance.......................................................................2083731. Securing of projecting materials during winding.........................................................................2083732. Restrictions regarding persons allowed to travel with mineral or explosives..............................2083733. Restrictions regarding man riding................................................................................................2093734. Man-riding in skips......................................................................................................................2093735. Acts prohibited while cage is in motion.......................................................................................2093736. Filling, hooking, steadying, stopping and starting of sinking bucket..........................................2103737. Manager to ensure maximum number of persons not exceeded..................................................2103738. Covers and doors of cages, skips and other conveyances............................................................2103739. Automatic operation of keps........................................................................................................2113740. Winding during repairs.................................................................................................................2123741. Precautions in the case of shaft repairs........................................................................................2123742. Completion of shaft repairs..........................................................................................................2123743. Support of cages during repair.....................................................................................................2133744. Brass token to be kept in conspicuous place in winding engine room.........................................2133745. Signals when brass token removed to be preceded by the signal “one long bell”.......................2133746. Precautions to be taken against fire where flame cutting or welding apparatus is used..............2133747. Commencement of winding after stoppage..................................................................................2143748. Shaft signals required...................................................................................................................2153749. Each winding engine to be provided with a separate signalling system......................................2153750. Unauthorised persons not to signal..............................................................................................2153751. Code for shaft signals...................................................................................................................2153752. Signals during blasting.................................................................................................................2163753. Legible notice of signals..............................................................................................................216

of 261


3754. Authorisation of persons appointed to give signals.....................................................................2163755. Duties of persons authorised to give signals................................................................................2173756. Winch drivers...............................................................................................................................2183757. Winding engine drivers................................................................................................................2183758. Winding engine drivers to undergo regular medical examination...............................................2183759. Certificate may be withdrawn in certain cases.............................................................................2183760. All tests to be recorded in winding engine driver’s certificate....................................................2193761. Distinct signals to be received before starting engine..................................................................2193762. Testing of brakes by driver...........................................................................................................2193763. Speed of winding of persons and precaution against shocks.......................................................2193764. Winding engine drivers log book.................................................................................................2193765. Winding engine driver to observe certain provisions...................................................................2193766. Examination of winding equipment.............................................................................................2213767. Testing of winding plant, brake components, ropes and attachments..........................................2223768. Duty when defect is discovered...................................................................................................2223769. Machinery Record Book and Shaft Log Book.............................................................................222

Subdivision 3.8 Surface Mine Equipment...............................................................................................2233801. Hydraulic Excavators...................................................................................................................2233802. Draglines......................................................................................................................................2243803. Vehicles in surface mines.............................................................................................................2243804. Trucks...........................................................................................................................................2263805. Drill rigs in surface mines............................................................................................................2273806. Belt conveyors in surface mines...................................................................................................228

Part 4 Small Scale Mining................................................................................................................................229Subdivision 4.1 General Provisions for small scale mining....................................................................229

4101. Application...................................................................................................................................2294102. Competency of small scale miners...............................................................................................2294103. Blasting in small scale mines.......................................................................................................2304104. General Duties of Small Scale Miners.........................................................................................2304105. Health and Safety rules for small scale mining............................................................................2304106. General Health & Safety Duties...................................................................................................2314107. Health & Safety Codes for Small Scale Mining..........................................................................2314108. Machinery for small scale mining................................................................................................2324109. Inspection of small scale mining..................................................................................................232

Subdivision 4.2 Provisions for small scale surface mining.....................................................................2324201. Overhanging forbidden................................................................................................................2324202. Slope of pits in unconsolidated material......................................................................................2324203. Environmental protection provisions for small scale mining.......................................................233

Subdivision 4.3 Provisions for underground small scale mining............................................................2334301. General Duties of underground Small Scale Miners....................................................................2334302. Two outlets from mine to surface necessary................................................................................2334303. Exemption regarding outlets of underground mines....................................................................2334304. Access to underground workings.................................................................................................2344305. Securing of workings with unsafe ground conditions..................................................................2344306. Stagnant water..............................................................................................................................2344307. Quality of Underground Mine Air...............................................................................................2344308. Persons not allowed to stay in foul air.........................................................................................2354309. Powers of Chief Inspector of Mines to prescribe minimum underground mine air quality.........2354310. Use of air under pressure for cleaning underground prohibited...................................................2354311. Light to be carried underground...................................................................................................235

Subdivision 4.4 Provisions for processing plants for small scale mining................................................2354401. Provision for Processing Plants....................................................................................................2354402. Crushing, Screening and the mechanical processing plant..........................................................236

Subdivision 4.5 Tributers.........................................................................................................................2364501. Employment of Tributers.............................................................................................................2364502. Token to be issued to tributers.....................................................................................................2364503. Tributer’s register.........................................................................................................................2364504. Offences in respect of registration and token...............................................................................2374505. Duties of manager employing tributers........................................................................................2374506. Limitation of hours of work and movement of mineral of tributers............................................237

of 261


4507. Tributer to work only on area for which he is registered.............................................................2374508. Tributer to deliver mineral only to manager or his representative...............................................2384509. Limitation on receipt of mineral...................................................................................................2384510. All mineral won to be disclosed by tributer.................................................................................2384511. Place of receipt of mineral...........................................................................................................2384512. Tributer system prohibited in exploration....................................................................................238

Part 5 Safety of Workmen................................................................................................................................239Subdivision 5.1 Conditions of employment.............................................................................................239

5101. Minimum age of workmen...........................................................................................................2395102. Language......................................................................................................................................2395103. Records of employees to be kept..................................................................................................2395104. Maximum working time of employees........................................................................................2395105. Employees overseer to ensure compliance with condition of employment provisions...............2405106. Medical examinations..................................................................................................................2405107. Offences against condition of employment provisions................................................................241

Subdivision 5.2 Duties of owner regarding safety of workmen..............................................................2425201. Warning signs...............................................................................................................................2425202. Code of safe working practice......................................................................................................2425203. Amenities to be provided by Owner............................................................................................2435204. Emergency procedures in case of fire..........................................................................................2455205. General provisions regarding fire protection in all mines............................................................2455206. General provisions regarding fire protection underground..........................................................2465207. Fan houses to be built of non-combustible material....................................................................2465208. Fire hazard areas...........................................................................................................................2465209. Procedures in case of encounter of flammable gas......................................................................2465210. Use of blow torch, welding, cutting and other similar equipment...............................................2475211. Fire fighting preparedness............................................................................................................2485212. Fire fighting equipment................................................................................................................2485213. Self-rescuers for underground workers........................................................................................2485214. Emergency evacuation plans for underground mines in case of fire...........................................2485215. Filling of fuel tanks in buildings..................................................................................................2495216. Storage of dangerous, flammable or explosive material..............................................................2505217. Processes which likely produce flammable gas, vapour or dust..................................................2505218. First aid stations at mines with more than 50 persons working at any time................................2515219. First aiders at first aid stations......................................................................................................2515220. First aid stations at mines with less than 50 persons working at any time...................................2525221. Certified first aiders......................................................................................................................2525222. Ambulance...................................................................................................................................2525223. First aid equipment.......................................................................................................................2525224. Antidotes, eyewash fountains, showers........................................................................................2525225. Medical attendance and conveyance of injured person................................................................2535226. Medical attention to sick or injured persons................................................................................2535227. Provision of health facility...........................................................................................................2535228. Abstracts of Regulations to be posted and provided to employees..............................................2545229. Deputies, possession of employment card or token.....................................................................2545230. Suitable shelter near the entrance of each shaft to be provided...................................................2545231. Personal protective equipment.....................................................................................................2545232. Persons infected with tuberculosis prohibited to enter underground mine..................................2555233. Entering a chute is prohibited.......................................................................................................2555234. Obligation of manager to prepare special rules on request..........................................................2555235. Training program for workers......................................................................................................2565236. Rescue brigades............................................................................................................................2575237. Rescue apparatus..........................................................................................................................257

Subdivision 5.3 Duties of workmen regarding safety..............................................................................2595301. General duties of workmen..........................................................................................................2595302. No damage to be done to anything provided for safety or protection..........................................2595303. Obedience to orders and instructions...........................................................................................2595304. Acts prejudicial to safety or discipline.........................................................................................2595305. No agreement shall prevent a person from complying with the Regulations..............................2605306. No intoxicating liquor or drugs to be allowed..............................................................................260

of 261


5307. Fighting or unlawful assault.........................................................................................................2605308. Sleeping in mine prohibited.........................................................................................................2605309. Naked light prohibited..................................................................................................................2615310. Consequences if workmen do not wear personal protective equipment......................................261

of 261


Part 1 General

Subdivision 1.1 PRELIMINARY

1101. Interpretation

In these Regulations, unless the context otherwise require

“aerial ropeway” means an installation to carry bulk material in buckets suspended and moved on overhead ropes supported by towers (trestles);

“alluvial” means ground containing minerals found in detritus resulting from the disintegration of older deposits whose constituents have been brought into their present position by mechanical agencies;

“authorised person” means a person authorised by the Minister or Chief Inspector of Mines to exercise any power or function under this law;

”boiler“ means any apparatus adopted to the continuous conversion of any liquid into steam, vapour or gas, and includes any part of the apparatus that is capable of being so adapted by the closing of stop-valves or stop-cocks, and the fittings and appurtenances of the apparatus;

”building and industrial minerals“ means barite, basalt, clay, dolomite, feldspar, granite, gravel, gypsum, laterite, limestone, mica, magnesite, marble, phosphate, rock, salt, sand, sandstone, slate and talc when mined for use in Ghana for agriculture, building, road making or industry and such other minerals as the Minister may from time to time declare, by notice in the Gazette, to be building and industrial minerals when so mined;

”Chief Inspector“ means the person appointed as Chief Inspector of Mines in compliance with Section 102 (1) and 111 (1) of Act703.

”Competent Person“ means any person who in relation to any duty or function has had adequate training and experience so as to enable such person to perform such duty or function without avoidable danger to such person or to other persons.

”dam“ means and includes -

(a) any artificial depository of water; and

(b) any construction for the retention of tailings and waste products of mining, quarrying or mineral processing operations;

”dredge“ means any floating vessel used for —

(a) mining operations consisting of digging, cutting, excavating or raising (whether by mechanical, hydraulic or pneumatic means) any rock, metal, mineral or mineral substance from below the surface of a body of water (whether natural or artificial); or

(b) the purpose of treating or otherwise dealing with any rock, metal, mineral or mineral substance that has been dug, cut, excavated or raised as provided in paragraph (a), but does not include —

of 261


(c) any floating vessel used for marine or aquatic engineering works, harbour works or land reclamation works; or

(d) any barge, workboat, tender, anchor punt or other vessel ancillary to a floating vessel used for a purpose referred to in paragraph (a) or (b).

”drive“ means a lateral excavation used as an access in a mine

“drugs” means as specified in the Narcotics Drugs Act ;

”earth“ means any rock, stone, quartz, clay, sand or soil;

”electrical apparatus“ includes all apparatus, machines, and fittings in which conductors of electrical current are used or of which they form a part;

”elevator“ means a lifting device consisting of a platform or cage that is raised and lowered mechanically in a vertical shaft in order to move material from one floor to another in a building;

“excavation“ means any cavity in or about a mine, quarry or works, and includes any shaft, winze, drive, raise and all passages and workings in a mine or quarry;

”explosives“ means explosives within the meaning of the Explosives Act;

“freeboard” in a tailings storage facility means the measured vertical distance between the top of the dam crest and the water level in the supernatant water pond;

“fresh air base” means any place underground where the ground is competent and the ambient air is not polluted and suitable for breathing.

“gender”: in these regulations any reference to the male applies to the female as well

”holder“ means the holder of a mineral right under the Mining and Mineral Law, Act 703;

“HDPE” means high density, (0.95-0.965 t/m³) polyethylene. This material has high stiffness, high temperature resistance and good water vapour barrier properties;

”inspecting engineer“ means the person appointed to be responsible for the regular inspection of machinery and equipment of a mine, quarry, works or associated plant having less than 750 kW of installed power;

”Inspector“ means an Inspector of Mines, Inspector of Machinery, Inspector of Environment or other technical areas, appointed under this regulation or under any repealed law, being an employee of the Inspectorate Division of the Minerals Commission.

“Inspectorate Division” means the Inspectorate Division of the Minerals Commission established by section 101 of Act 703.

“machinery“ means every kind of mechanical appliance, and all electrical apparatus of whatsoever kind in use at a mine or works.

”lifting machine“ means an apparatus used to raise, lower or to transport heavy loads for limited distances;

”Manager“ means the person appointed to be responsible for the control, management and direction of a mine or a quarry or a portion of a mine, quarry or works.

”mine“ when used as a noun, means any place, excavation or working wherein,

of 261


whereon or whereby any operation connected with mining is carried on together with all buildings, premises, erections and appliances belonging or appertaining thereto above and below the ground for the purpose of winning, treating or preparing minerals, obtaining or extracting any mineral or metal by any mode or method or for the purpose of dressing mineral ores, and includes a quarry where building and industrial minerals are mined;

”mine“ when used as a verb, means to win minerals intentionally, and includes any operations directly or indirectly necessary or incidental thereto, and ”mining“ shall be construed accordingly;

”mining“ means winning minerals intentionally, and this includes quarrying;

”mine products“ means any mineral, ores containing minerals or concentrated ores or minerals that have been extracted from or produced by a mine;

”mining purposes“ means the purpose of -

(a) searching for or obtaining any mineral from the earth by any mode or method of

mining; and

(b) stacking or otherwise storing any earth or ore containing any mineral;

”mineral” means any substance in solid or liquid form occurring naturally in or on the earth, or on or under the seabed, formed by or subject to geological processes, including building and industrial minerals but excluding petroleum (as defined in the Petroleum (Exploration and Production) Law, (P.N.D.C.L. 84) and water;

”mineral right“ means a right to reconnoitre, prospect for or mine minerals given by the Minister in the form of a reconnaissance licence, a prospecting licence, a mining lease a restricted reconnaissance licences, a restricted prospecting licence or a restricted mining lease issued under the Mining and Minerals Act, Act 703

”Minister“ means the Minister responsible for mines;

”Owner“ means -

(a) in relation to a mine or quarry -

(i) the Holder of the mineral right on which the mine or quarry is situated; or

(ii) the Holder of a sublease or such mineral right; or

(iii) a person in possession of such mineral right with the consent of the Holder; and

(b) in relation to works or processing plant -

the Owner or Lessee, or person in possession with the consent of the Owner or Lessee, of the land on which the works or processing plant is situated;

”plan“ means an original plan or section and includes a correct copy of tracing of an original plan or section;

”prescribed“ means prescribed by regulations;

”prospect“ means to search for mineral intentionally and includes operation to determine the extent and economic value of any mineral deposits;

of 261


”quarry“ means a surface excavation made in the earth for the purpose of extracting stone, gravel, rock or any other industrial mineral;

”radio-active mineral“ means a mineral which contains by weight at least one-twentieth of one percent (0.05 per cent) of uranium or thorium or any combination thereof.

”raise“ means any vertical or inclined excavation or opening from underground workings in a mine;

“ramp” means any tunnel at an inclination of more than five degrees above the horizontal in which self-propelled trackless vehicles move;

”reef“ means a vein, lode, or deposit other than surface alluvial ground;

“refuge bay” means a demarcated clean and safe place in an underground mine that is situated at a central point not more than 30 minutes walk from any working place; it is separated from the mine ventilation system by means of a wall or walls and sealable access door; it is ventilated by means of compressed air.

”regulation“ means a regulation made under Act 703;

”resident engineer“ means the person appointed to be responsible for the installation, commissioning, operation and decommissioning of machinery and equipment of a mine, quarry, works or associated plant;

“responsible person” means the person appointed to be in charge of a specific work;

”risk assessment“ means a systematic analysis of the major risks in a workplace which have the potential to cause harm;

”safety pillar“ means every portion of a reef, mineral deposit or ground left in situ for support and protection of -

(a) the surface; and

(b) any structure, plant, dam, lake, road, railway or excavation on the surface; or

(c) any underground workings including shafts and inclines;

“Shaft” means any vertical or inclined passage equipped with winding plant.

“Small scale mining” means a mining operation under a small scale mining licence as stated under Act 703

“State” means the Republic of Ghana;

“Steeply inclined” in connection with shafts, raises, winzes or other underground excavations means any inclination to the horizontal of more than thirty five degrees.

“stope” means a working in which a section or block of ore, which has been opened up by means of levels and their connections, is mined;

“surface mine” means a mining operation on the surface for the purpose of winning a mineral but excludes any dredging operation;

“tailings storage facility” means an impoundment, where residue from metallurgical processing, mainly comprising finely ground rocks, is disposed off;

“tributer” means a person who is employed or contracted to win minerals by the Holder of a mineral right, being a person who is allocated a working area by the

of 261


Holder of a mineral right and who receives in return remuneration in accordance with the quality and quantity of the minerals won;

“warden” means a warden appointed by the Chief Inspector under this regulation and includes a trainee warden;

“winding engine” means any machinery used for lowering or raising persons or materials in a shaft or incline in any mine, whether erected on the surface or underground;

“winze” means any vertical or inclined excavation or opening downwards from the underground workings of a mine;

”workings“ means and includes all those portions of a mine which are being excavated, or have been excavated whether abandoned or not;

”works“ means any operations carried on for, or incidental to, the winning or treatment of minerals whether or not connected with any mine or quarry.

of 261


Subdivision 1.2 General Administration

1201. Powers and functions of the Inspectorate Division

The Inspectorate Division shall exercise the powers and perform the functions specified under these regulations and shall ensure the proper and effective implementation of provisions of these regulations as specified under Act 703.

1202. Powers of Inspectors

An Inspector or other person duly appointed to act under these Regulations shall have the power at any time by day or by night to do all or any of the following:-

(1) enter, inspect, and examine any mine, quarry, works or associated plant but not so as unnecessarily to impede or obstruct the working of the mine, quarry, works or associated plant.

(2) examine into and make inquiries into:

(a) the state and condition of any mine or part thereof, and of all matters and things pertaining thereto, in so far as they relate to the safety or health of persons employed therein;

(b) all matters relating to the provisions of these Regulations to ensure that there is minimum damage to the environment generally by the mining and mining related operations;

(c) the compliance with the provisions of these Regulations.

(3) For the purpose of such examination, inspection, or enquiry, the Inspector may call upon to accompany him the manager or any official not below the rank of a mine captain or its equivalent, together with any official or other employee whom he may consider necessary, and any official or employee shall be bound to attend when called upon to do so.

4) Take or remove:

(a) for the purpose of analysis or testing; or

(b) for use in evidence in connection with an offence against these Regulations,

samples of minerals and other substances from a mine, quarry, works or associated plant; and

(c) to inspect, take extracts from, make copies of any documents or take photos of any mine, quarry, works or associated plant.

The Inspector shall give a receipt for anything removed.

of 261


(5) order, by written notice to the Holder or Manager -

(a) the cessation of operations in, and the withdrawal of any or all persons from any, or any part of, a mine, quarry, works or associated plant; should the Inspector deem it necessary in the interest of safety, health and environment; or

(b) the discontinuance of the use of any machinery that the Inspector considers unsafe, unless and until such action as is necessary for safety and specified in the notice is taken and completed.

(c) If in the opinion of the Inspector, any circumstance, practice or omission on a mine, quarry, works or associated plant or part thereof is so defective or dangerous as to be likely to cause bodily injury or cause damage to any property, and no provision exists in any regulation requiring any circumstance, practice or omission, he shall require the Holder, or Manager to remedy the same forthwith or within the time specified in the order and shall, as soon as practicable give notice in writing, specifying the matters considered defective or dangerous.

(6) A Holder or Manager who refuses or fails to comply with any order made under sub-regulation (5) of this regulation shall be guilty of an offence.

(7) A Holder or Manager may appeal against an order as provided for under Regulation 1204 of these Regulations.

(8) A copy of every order made under this Regulation and received by the Holder, Owner, or Manager shall be kept on the record required to be maintained under Regulation 1812 of these Regulations.

(9) Obtain and record statements from witnesses, or conduct enquiries regarding mine, quarry, works or associated plants, accidents, dangerous occurrences and contraventions of these Regulations, appear at inquests and call and examine witnesses and cross examine witnesses, and conduct or assist in conducting a prosecution for any offence under these Regulations.

(10) An Inspector or other person duly appointed to act under these Regulations shall have the power to try any breach of a Regulation or rule framed thereunder unless serious bodily injury or death has been caused to any person by such breach:

Provided always that he shall not have the power to impose a fine exceeding the amount specified in the Schedule of Fines.

(11) Exercise such powers as are necessary for carrying out these Regulations into effect and impose fines or such other penalties as may be warranted by an offence under these Regulations.

(12) In exercising his powers under these Regulations, an Inspector may be assisted by any person who the Inspector believes has special or expert knowledge of any matter being inspected, tested or examined.

of 261


1203. Powers of Chief Inspector of Mines to prepare guidelines

The Chief Inspector of Mines shall have the power to prepare guidelines on any matter concerning the proper carrying out of the regulations.

1204. Appeals against instructions of Inspectors or Chief Inspector of Mines

(1) Against any decision, requisition or order given by an Inspector or any other person duly appointed to act under these Regulations, the Holder or Manager of a mine, quarry, works or associated plant subject to these Regulations may, within fourteen days, lodge a written appeal with the Chief Inspector of Mines.

(2) On appeal under sub-regulation (1) of this regulation the Chief Inspector of Mines may -

(a) rescind, affirm or vary the decision, requisition or order appealed against; or

(b) make a new decision, requisition or order in substitution; and in the event of settlement not being arrived at shall refer the appeal to a committee of three recognised Managers chosen by the Chief Inspector of Mines and the decision of such committee shall be final.

(3) Against any decision, requisition, or order given by the Chief Inspector of Mines, apart from appeals from decision, requisition or orders given by an Inspector which are dealt with in sub-regulations (1) and (2) of this Regulation, the Holder or Manager of the mine, quarry, works or associated plant subject to these Regulations may appeal in writing within fourteen days to the Chief Executive officer for a review of the decision.

1205. Fees

The Chief Inspector of Mines shall prepare a yearly schedule of fees.

Subdivision 1.3 Operating Plan and Operating Permit

1301. Operating Plans

(1) No operations shall commence without approved operating plans by the Inspectorate Division

(2) After the issuance of a mining lease or prospecting licence, the holder of the lease or licence shall apply to the Inspectorate Division for an initial operating permit for a period of six months to enable the company submit detailed operating plans for approval and issuance of final operating permit.

of 261


(3) Unless there is a request for further information, the Inspectorate Division shall approve the detailed operating plans and issue the final operating permit. .

1302. Type of Exploration or Mining Operating Plans

According to the exploration or mining activities to be carried out, the owner or the manager has to provide the following plans:

(1) The holder of a prospecting license has to submit for approval an Exploration Operating Plan within six months of obtaining the initial operating permit. This plan is to be updated yearly and to be submitted for approval before beginning of the new year.

(2) Before the beginning of mining activities and before any significant change in a mining project the owner or the manager has to submit for approval a Main Mining Operating Plan, which covers the entire life time of the mining operations.

(3) Before the beginning of the new year an update of the Main Mining Operating Plan, to be called Yearly Mining Operating Plan, has to be submitted for approval. This plan shall show in detail the proposed works for the coming year and shall give an updated outlook regarding the mid- and long- term development of the mining project.

(4) If circumstances warrant, or if development of an exploration or mining plan for the entire operation is dependent upon unknown factors which cannot or will not be determined except during the progress of the operations, a partial plan may be approved and supplemented from time to time. The owner or manager shall not, however, perform any operation except under an approved plan.

(5) The closure of a mining project is subject to the approval of a Mine Closure Plan by the Chief Inspector of Mines and other regulatory bodies.

1303. Content of Exploration Operating Plan

The owner or manager shall submit 3 copies of the exploration plan to the Inspectorate Division for approval. Additional copies shall be submitted if required. The exploration operating plan shall contain, at a minimum, the following:

(1) Names, addresses and telephone numbers of those responsible for operations to be conducted under the approved plan to whom notices and orders are to be delivered; name and location of concession, license serial number and names and addresses of surface and mineral owners on record.

(2) detailed description of planned activities

of 261


(3) detailed time schedule

(4) equipment to be used

(5) detailed reclamation plan

(6) detailed budget of planned operations

The Chief Inspector may prepare guidelines for the preparation of exploration operating plans.

1304. Content of Mining Operating Plan to be submitted

The owner or manager shall submit 3 copies of the mining plan to the Inspectorate Division for approval. Additional copies shall be submitted if required. The mining operating plan shall contain, at a minimum, the following:

(1) Names, addresses and telephone numbers of those responsible for operations to be conducted under the approved plan to whom notices and orders are to be delivered; name and location of concession, license/ lease serial number and names and addresses of surface and mineral owners on record.

(2) A detailed description of geologic conditions and mineral reserves and resources, with appropriate maps indicating all deposits, both commercial or otherwise within the area where mining is to be conducted;

(3) A copy of a suitable map or aerial photograph showing the topography, the area covered by the lease, the name and location of major topographic and cultural features and the drainage plan away from the affected area;

(4) Proposed methods of operating, including a description of the surface or underground mining methods, the proposed roads, the size and location of structures and facilities to be built, mining sequence, production rate, estimated recovery factors, stripping ratios. Detailed description is to be provided for:

(a) mining

(b) processing

(c) handling of reagents, chemicals and fuel

(d) handling of explosives, according to Explosives Regulations

(e) waste rock and tailings disposal

(f) waste management

(g) mine infrastructure

of 261


(5) An estimate of the quantity and quality of the mineral resources, proposed cut-off grade and, if applicable, proposed blending procedures for the concession covered by the mining plan;

(6) An explanation of how ultimate maximum recovery of the resource will be achieved. If a mineral deposit, or portion thereof, is not to be mined or is to be rendered unminable by the operation, the owner or manager shall submit appropriate justification for approval.

(7) Appropriate maps and cross sections showing:

(i) Concession boundaries and serial numbers;

(ii) Surface ownership and boundaries;

(iii) Locations of existing and abandoned mines;

(iv) Typical structure cross sections;

(v) Location of shafts or mining entries, open pit mines, waste dumps, tailings storage facilities, water dams, preparation and processing plants, workshops and other surface facilities; and

vi) Typical mining sequence, with appropriate timeframes;

(8) A narrative which addresses the environmental aspects associated with the proposed mine which includes, at a minimum, the following:

(i) An estimate of the quantity of water to be used and pollutants that may enter any receiving waters;

(ii) A detailed design for the necessary impoundment, treatment or control of all runoff water and drainage from workings to reduce soil erosion and sedimentation and to prevent the pollution of receiving waters;

(iii) A description of measures to be taken to prevent or control fire, soil erosion, subsidence, pollution of surface and ground water, pollution of air, damage to fish or wildlife or other natural resources and hazards to public health and safety; and

(9) A reclamation schedule and the measures to be taken for surface reclamation of the concession that will ensure compliance with the established requirements of the regulatory bodies. In those instances in which the concession requires the revegetation of an area affected by operations, the mining plan shall show:

(i) Proposed methods of preparation and fertilizing the soil prior to replanting;

(ii) Types and mixtures of shrubs, trees or tree seedlings, grasses or legumes to be planted; and

(iii) Types and methods of planting, including the number and spacing of trees or tree seedlings, or combinations of grasses and trees;

of 261


(10) The method of abandonment of operations proposed to protect the unmined recoverable reserves and other resources, including the method proposed to fill in, fence or close all surface openings which are a hazard to people or animals; and

(11) Any additional information that is deemed necessary for approval of the plan.

(12) The Chief Inspector may prepare guidelines for the preparation of operating plans.

1305. Modification of Operating Plans

(1) Approved exploration and mining operating plans may be modified at any time to adjust to changed conditions or to correct an oversight. To obtain approval of an exploration or mining operating plan modification, the holder or manager shall submit a written statement of the proposed modification and the justification for such modification. Any proposed modification of an exploration or mining operating plan shall not be implemented unless previously approved by the Chief Inspector of Mines.

(2) The Chief Inspector of Mines may require a modification to the approved exploration or mining operating plan if conditions warrant.

1306. Emergency Response Plan

The owner or manager has to submit an Emergency Response Plan to the Inspectorate Division for approval, to ensure that the mine has a plan capable of being implemented at any time in response to any emergency occurring at the mine site.

(1) The components of an Emergency response Plan are:

(a) a description and assessment of emergency scenarios and risks

(b) establishment of an emergency co-ordination centre

(c) emergency notification procedures and communication systems

(d) emergency equipment and resources

(e) emergency scenarios and response procedures

(f) clean-up, remediation, procedure for returning to normal operation

(g) training of staff

(h) periodic emergency and evacuation drills of staff

(i) the community right to know

(2) The Chief Inspector of Mines may prepare guidelines with minimum standards for Emergency Response Plans.

of 261


Subdivision 1.4 Inspections, Investigations and Enquiries

1401. Type of Inspections and Investigations

(1) Regular Inspections are carried out to control compliance with standards, requisitions, orders or decisions issued, or other requirements.

(2) Compliance Follow-Up Inspections are conducted to determine the status of requisitions, notices, and orders issued during a previous inspection.

(3) Environmental Inspections are carried out to control the environmental performance of a mine, quarry, works or associated plant and its monitoring activities.

(4) Special Inspections are conducted after receipt of complaints, by request of other authorities, and other reasons.

(5) Accident and Incident Inspections.

1402. Notice of result of inspection

(1) After inspecting a mine, an inspector shall —

(a) enter in a record book approved for the purpose by the Inspectorate Division and kept at the mine or, in the case of exploration operations, such other place as is prescribed, a record of —

(i) the parts of the mine inspected by that inspector; and

(ii) the nature of the inspection; and

(iii) every defect which the inspector observed in the state and condition of the mine and the plant; and

(b) notify in writing the manager of the findings of the inspection and any action the inspector has taken and any further action the inspector requires to be taken in relation to the mine as a result of the inspection.

(2) The record book referred to in subregulation (1) is to be kept by the manager.

of 261


1403. Specialist authorised by Chief Inspector of Mines

(1) The Chief Inspector may authorise a person who has special or expert knowledge to enter and inspect any mine, quarry, works or associated plant and report with his findings or recommendations to the Chief Inspector.

(2) A person authorised under sub-regulation (1) of this regulation shall produce at the time of entry a signed copy of the authorization to the Holder or Manager, or the person who is in charge of the operations at the mine, quarry, works or associated plant.

1404. Obstruction of Inspectors is an offence

(1) Any person who:-

(a) wilfully obstructs, or hinders or

(b) fails to obey an order lawfully made by an Inspector or a person authorised under Regulation 1403 acting in the course of his duty, shall be guilty of an offence.

(2) Any Holder, or Manager of a mine, quarry, works or associated plant who, when required by an Inspector or by a person authorised under Regulation 1403 to furnish him with the means or facilities necessary to enable him enter, inspect or examine, or exercise his powers of inquiry in connection with, any part of the mine, quarry, works or associated plant, neglects or refuses to furnish the means or facilities, shall be guilty of an offence.

1405. Power of Inspectors to hold inquiries

(1) Where:

(a) an Inspector has been given reason to believe that at an exploration or mining activity any specific minimum standard is not being observed; or

(b) any dangerous occurrence as specified under Regulation 1605 has occurred, which may not have caused any personal injury or loss of life; or

(c) loss of life or serious bodily injury resulted from any accident associated with operations in or about any mine, quarry, works, associated plant or prospecting operation,

an Inspector may hold inquiries into accidents or occurrences classified under subregulation (1) (a) and (b), and shall hold inquiries into accidents or occurrences classified under subregulation (1) (c).

(2) For the purpose of an inquiry under sub regulation (1) of this regulation the Inspector shall have all the powers referred to in regulation 1201 and may

of 261


(a) summon any person whose evidence he considers likely to be material to the determination of any question relevant to the subject of the inquiry; and

(b) take evidence on oath; and

(c) require the production of any relevant book or document in the possession or control of any person.

(d) hold an inquiry required by sub regulation (1) of this regulation as soon as possible at the mine, quarry, works, associated plant or prospecting operation and shall give three days written notice of the time and place to the holder or manager and the person to whom the notice is given shall if necessary, with the assistance of the Police, ensure that all persons who are required to attend the inquiry are notified of the time and place of the inquiry.

(3) Any person who, without reasonable cause, neglects or fails to attend in obedience to the summons, or to be sworn, or to answer any question or produce any relevant book or document shall be guilty of an offence.

(4) This Regulation shall not be construed as compelling a person to answer any question which would tend to incriminate him.

(5) The Manager shall be entitled to attend or be represented at the inquiry and the Inspector may at his discretion allow any other person to appear or to be represented at the inquiry.

1406. Reports of Accident Enquiries to Chief Inspector of Mines

(1) The Inspector shall forward to the Chief Inspector

(a) the transcript of the evidence taken at the accident inquiry; and

(b) his findings as to the cause of the accident which was the subject of the inquiry; and

(c) any recommendations that he deems fit to make.

(2) Where loss of life has resulted from an accident or dangerous occurrence associated with mine operations, the Chief Inspector shall forward to the Coroner a copy of the transcript of evidence and the findings of the Inspector.

(3) The Chief Inspector shall forward to the holder or manager of the mine, quarry, works, associated plant or prospecting operation where an inquiry has been held the findings of the Inspector and, by an order, direct such action as appears to him to be necessary to rectify such conditions found to be the cause of the occurrence and to ensure the safety of the mine, quarry, works, associated plant or prospecting operation.

of 261


1407. Negligence or incompetence of a person holding a permit or certificate

(1) If, in the course of an inquiry into an accident or dangerous occurrence resulting from mine operations, it appears to the Inspector that the accident or dangerous occurrence was the result of the negligence or incompetence of a person holding a permit or certificate under these Regulations, the Inspector may call on the person to appear before him and show cause why the person’s permit or certificate should not be endorsed, suspended or cancelled.

(2) Where the person called upon under sub regulation (1) of this regulation, is found to have been negligent or incompetent the Inspector shall as soon as possible report all the circumstances to the Chief Inspector together with his recommendations.

(3) The Chief Inspector, upon consideration of the facts, may

(a) cancel or suspend the permit or certificate held by the person;

(b) endorse on the permit or certificate details of the cancellation or suspension or other penalty imposed; and shall

(c) maintain records of all endorsed, cancelled or suspended permits or certificates; and

(d) notify the holder or manager of the endorsement, cancellation or suspension of such permit or certificate.

1408. Inquest by Coroner

(1) Where at an inquest of death it appears in the course of the inquest that the death might be the result of an accident associated with mine operations and occurring in or about a mine, quarry, works, associated plant or prospecting operation.

(2) Where evidence has been taken which indicates the cause of the accident having been due to

(a) any negligence on the part of a person having control of, or employed in or about a mine, quarry, works, associated plant or prospecting operation or any part thereof; or

(b) any defect in or about the mine, quarry, works associated plant or prospecting operation,

the Coroner shall notify the Chief Inspector, the Public Prosecutor and the holder or manager of the mine, quarry, works, associated plant or prospecting operation to appear at the inquest.

of 261


Subdivision 1.5 Improvement and prohibition notices

1501. Improvement notice

(1) Where an inspector is of the opinion that a mine, quarry, works, associated plant or prospecting operation:

(a) is contravening any provision of these Regulations; or

(b) has contravened any provision of these Regulations in circumstances that make it likely that the contravention will continue or be repeated; or

(c) is using a practice which is dangerous,

the inspector may issue to the manager an improvement notice requiring the person to remedy the matter or activity.

(2) An improvement notice shall —

(a) state reasonable grounds for the improvement notice

(b) specify the respective provisions of these Regulations

(c) state the time by which the manager is required to remedy the matter or activity

(d) contain a brief summary of the right to have the notice reviewed according to regulation 1204.

(3) If a manager —

(a) is issued with an improvement notice; and

(b) does not comply with the notice within the time specified in it, the manager commits an offence.

(4) As soon as is practicable after the requirements of an improvement notice in relation to a mine have been complied with, the manager of the mine must give written notice of the compliance to the inspector who issued the notice; or if that officer is not reasonably available at the relevant time, to the office of the Inspectorate Division.

A manager who fails to submit the written notice of compliance commits an offence.

of 261


1502. Prohibition notice

(1) Where an inspector is of the opinion that a mine, quarry, works, associated plant or prospecting operation :

(a) is contravening any provision of these Regulations and that this contravention constitutes or is likely to constitute a hazard to any person or to the environment; or

(b) has contravened any provision of these Regulations in circumstances that make it likely that the contravention will continue or be repeated and that this contravention constitutes or is likely to constitute a hazard to any person or to the environment; or

(c) is using a practice which is dangerous and constitutes or is likely to constitute a hazard to any person or to the environment,

the inspector may issue to the manager a prohibition notice.

(2) The prohibition notice may require the holder or the manager to —

(a) stop work at the mine or any specified part of the mine;

(b) refrain from doing any specified thing at or in relation to the mine;

(c) remove all persons from the mine or any specified part of the mine; or

(d) take any combination of steps under paragraphs (a), (b) and (c), except to the extent that provision is made in the prohibition notice either with or without conditions or restrictions for —

(i) any specified work, practice or activity to be carried out or any specified thing to be done at the mine; or

(ii) any person to be at the mine or the part concerned.

(e) remedy the matter or activity; and

(f) comply with a number of requirements until the relevant matters and activities have been remedied or that the hazard or likely hazard has been removed.

(3) A prohibition notice must —

(a) state reasonable grounds for the prohibition notice

(b) specify the respective provisions of these Regulations

(c) specify the requirements according to paragraph (2) of this regulation

(d) contain a brief summary of the right to have the notice reviewed according to regulation 1204.

(4) A manager or holder issued with a prohibition notice commits an offence if he does not comply with —

(a) the notice; or

of 261


(b) such of the provisions of the notice as the case may require.

of 261


Subdivision 1.6 Notices and Documents to be sent to Inspectorate Division

1601. Notifications of activities and appointment of managers

In addition to the requirements to have in place an approved exploration or mine operating plan and an operating permit according to regulations 1301 to 1306 before start of any activity or in advance of any appointment or change, the holder or manager shall have the following obligations:

(1) Where any working is commenced for the purposes of opening a mine, quarry, works or associated plant, or where the working of a mine, quarry, works or associated plant has been temporarily or permanently discontinued or abandoned, or where the working of the mine, quarry, works or associated plant is recommenced after any such discontinuance or abandonment, the holder or the manager, of such mine, quarry, works or associated plant shall give written notice thereof to the Chief Inspector at least six weeks before such working is commenced, recommenced, discontinued or abandoned.

(2) The Holder of a mine, quarry, works or associated plant must before start of any activity furnish the Chief Inspector in writing the name and qualifications of the Manager. The holder must notify the Chief Inspector of any change of the manager in advance.

(3) The holder or the manager must notify to the Chief Inspector any change of name and address of the company or syndicate controlling the mine, quarry, works or associated plant.

(4) Where the name and address of only one person has been furnished for registration as the Manager of more than one mine, quarry, or works or associated plant the Chief Inspector may, by written notice, require the Holder to appoint, within the time specified in the notice, a different Manager for each mine, quarry, works or associated plant and may refuse to register the name of the Manager for more than one mine, quarry, works or associated plant.

(5) The Holder of a reconnaissance licence or prospecting licence granted under the Minerals and Mining Act 2006, Act 703 shall appoint a person to have charge of all operations authorised under the licence. Such person shall be aware of his responsibilities under the aforementioned Act and these Regulations. The appointment shall be notified in writing to the Chief Inspector before commencing of work on the licence area. Any change in the appointment shall also be notified to the Chief Inspector before such change. Failure to comply with this regulation shall render the Holder guilty of an offence.

of 261


(6) The Chief Inspector shall

(a) keep a register of the name and address of every mine, quarry, works or associated plant and the name and address of the manager thereof.

(b) keep a register of persons in charge of a reconnaissance or prospecting area and of the name and number of the licence for the area of which he is in charge; and

(c) issue to the Holder as the case may be a certificate of the registration, a copy of which certificate shall be kept on the record for the mine, quarry, works or associated plant.

1602. Notification of commencement or termination of employment of statutory personnel

(1) It shall be the duty of the manager of every mine, or his duly appointed representative, to notify the Chief Inspector of the date of commencement or termination of employment of any holder of a Certificate of Competency or of any person who is to have, or has had, any control in any section of a mine, works, quarry or associated plant.

Such notification shall be given before the commencement and within one week after termination of employment.

(2) The manager shall keep a record of all employed statutory personnel.

1603. Plans to be deposited with the Chief Inspector of Mines

(1) Copies of plans mentioned in sub-regulation 2(a) and 2(c) of regulation 2101, and/or sub-regulations 2(a) and 2(b)(i) of regulation 2102 shall be deposited with the Chief Inspector and shall be brought up to date to the last measuring date in December of each year. These plans have to be submitted every year to the Chief Inspector of Mines not later than the 31st day of January.

(2) Managers of mines shall deposit with the Chief Inspector at his special request a true copy of any plan or section relating to the mine.

(3) Plans are to be submitted on durable material, both hard and electronic copies.

1604. Reporting of accidents

(1) The Holder or Manager of a mine, quarry, works, associated plant or prospecting operation in or about which an accident related to the operations occurs shall report it to the Chief Inspector and the nearest Inspector.

(a) If the accident causes:

(i) loss of life;

of 261


(ii) fracture of the skull or limb or spine, or loss of a limb or genitals or electrical shock or burns; or

(iii) injury to more than 2 persons,

the accident has to be reported immediately to the Chief Inspector and the nearest Inspector by telephone or the quickest means of communication.

(b) If the accident causes such bodily injury as to render the person unfit to perform his or her normal work apparently for a period of more than 14 days, the accident has to be reported to the nearest Inspector within three days.

(c) If the accident causes such bodily injury as to render the person unfit to perform his or her normal work apparently for a period of more than three (3) working days but less than 14 days, the accident has to be reported to the nearest Inspector within seven days.

(d) All other accidents involving bodily injuries not mentioned above have to be reported to the Chief Inspector on the prescribed form at the end of the month.

(2) The accident mentioned under subregulation 1(a) and 1(b) shall be reported furthermore in writing on the prescribed form and reporting a full account of its nature and extent and, so far as is known, of the causes; and the report shall be sent to the Chief Inspector and copied to the nearest Inspector so as to be received by them within seven (7) days of the accident.

(3) In the case of death from the accident the Holder or Manager shall ensure that the Police are notified immediately by the quickest means possible.

(4) Where an accident has caused immediate loss of life or severe injury to more than 2 persons the site of the occurrence shall remain undisturbed, apart from such disturbance resulting from the rescue of any person or the removal of dead bodies, until an Inspector has the opportunity to visit and view the area, unless the manager has reason to believe that further danger will result from leaving the area undisturbed.

(5) If an Inspector is not available, the Chief Inspector may exercise his powers under regulation 1403 and have the scene of an accident inspected by an authorised person, provided that the scene of an accident shall not be required to remain undisturbed for a period longer than is practicable.

(6) Where the Manager exercises his discretion under sub-regulations (4) of this regulation, to disturb or continue work at the scene of a fatal accident, he shall only do so after he has had pictures and such measurements taken of the place whereby the Inspector can be shown the exact condition of the place immediately after the accident.

of 261


(7) Where notice is not given as required by sub-regulation (1), the holder or manager for the mine commits an offence under these regulations.

1605. Reporting of dangerous occurrences

(1) The Holder or Manager of a mine, quarry, works, associated plant or prospecting operation in or about which a reportable dangerous occurrence related to the operations occurs shall, as soon as he becomes aware, report it to the Chief Inspector and the nearest Inspector;

The following dangerous occurrences shall be reported immediately by telephone to the Inspectorate Division:

(a) the explosion of gas, or an explosion due to electricity, or the uncontrolled initiation of explosives, or any issue of flammable gas in underground workings; or

(b) an outbreak or occurrence of fire whether on the surface or underground or an indication of spontaneous combustion in the underground workings; or

(c) any rock burst or seismic activities underground or an extensive caving or subsidence in any part of the mine area or workings; or

(d) any abnormal fall of ground; or

(e) a mud rush or flooding of any portion of the underground workings ;

(f) any case of unconsciousness arising from heatstroke or inhalation of fumes or poisonous gasses or

(g) the failure of winding equipment involving

(i) an essential part of winding equipment including the drum or drum shaft, couplings, clutch, bearings, electric motors and/or electrical control and switchgear; or

(ii) a winding rope or attachment from a winding rope to a cage, skip or conveyance or to a drum; or

(iii) a headframe, sheave or the axle or sheave bearing or the rim of the sheave; or

(iv) a brake; or

(v) overspeed or overwinding prevention device or slack rope detector device; or

(vi) arresting device for a cage, skip or conveyance at the top of a shaft; or

(vii) a depth indicator; or

(viii) the derailment of a cage, skip or conveyance; or

(ix) a serious jamming of a cage, skip or conveyance in a shaft; or

of 261


(x) a winding engine running out of control; or

(xi) an overwind

(h) any serious faulty behaviour of a processing plant and tailings storage facility, such as but not limited to:

(i) any spillage of reagents or tailings into the environment

(ii) any instability of a tailings dam embankment

(iii) any overtopping of a tailings dam

(i) any serious occurrence at an open pit mine, such as but not limited to:

(i) slope and other rock failures

(ii) flooding of open pit workings

(j) in general, any serious failure or occurrence which has the potential:

(i) to cause serious injury to more than 2 persons;

(ii) to cause serious damage to major equipment or property which is likely to impede or restrict the normal operations;

(iii) to cause major damage to mechanical, electrical, power generating equipment, major electrical control and distribution equipment

(iv) to cause major damage to the environment, and

(k) any occurrence that the Chief Inspector may in writing notify the Holder, Holder or Manager to be a reportable dangerous occurrence.

(2) Furthermore, the dangerous occurrence shall be reported

(a) in writing on the prescribed form and reporting a full account of its nature and extent and, so far as is known, of the causes; and

(b) the report shall be sent to the Chief Inspector and copied to the nearest Inspector so as to be received by them within three (3) days of the dangerous occurrence.

(3) Where notice is not given as required by sub-regulation (1) the holder or manager for the mine commits an offence under these regulations.

Subdivision 1.7 Returns for statistical purposes

1701. Monthly and quarterly returns

The Manager of every mine, whether surface or underground, of a quarry or works from which mineral products are obtained shall forward to the office of the Chief Inspector the following complete and correct returns:-

of 261


(a) Monthly Returns including:

(i) Production Returns

(ii) Environmental Report

(iii) Accidents Report

(b) Quarterly Returns including:

(i) Occupational Health Report

(ii) Labour employed and mine development

These returns shall be signed by the manager to reach the office of the Chief Inspector not later the end of the month immediately following the period to which the returns relate, and they must be written intelligibly on such form as may from time to time be prescribed for that purpose by the Chief Inspector of Mines.

1702. Forms obtainable from Inspectorate Division

Persons who, in terms of the preceding regulation have to make these returns shall obtain the necessary forms at the office of the Inspectorate Division either by personal application or written request and are responsible for the consequences should they neglect to provide themselves with the necessary forms in time.

1703. Other returns to be forwarded if required

Besides the returns mentioned in regulation 1701 the person named therein shall provide the Chief Inspector at his request from time to time with such other returns and information as may reasonably be required for the purpose of statistical information and the preparation of the Inspectorate Division annual report, and the Chief Inspector shall then fix a reasonable time within which the returns or the information so requested must be provided.

1704. False returns an offence

Any manager who submits any Returns which he/she knows or ought to have known to be false shall be guilty of an offence under these regulations.

of 261


Subdivision 1.8 Management of Mines

1801. Holder to make financial provision

It shall be the duty of the Holder of a mining lease subject to these Regulations to make such financial and other provisions and take such other steps as may be necessary to secure, that the mine, quarry, works and associated plant is managed and worked in accordance with the requirements of these Regulations.

1802. Appointment of Mine Manager

(1) The holder of a mining or restricted mining lease shall, with the approval of the Chief Inspector and prior to the commencement of mining operations at a mine, quarry, works or associated plant, appoint a certified manager.

(2) Except as provided in these Regulations, a holder of a mining lease, quarry, works or associated plant shall not appoint or allow any person who does not hold the prescribed manager’s qualification as specified in these Regulations to be the Manager of the mine, quarry, works or associated plant.

(3) The holder of a mining or restricted mining lease may appoint a deputy manager to assist the manager and to carry out the duties of the manager where the manager is absent or otherwise unable to carry out the manager’s duties.

1803. Obligation of Holder to have always a Manager on site

(1) The holder of a mining lease shall at all times have a Manager on site.

(2) If the Manager of the mine, quarry, works or associated plant

(a) is incapacitated by illness or accident; or

(b) is about to be absent from the mine, quarry, works or associated plant, he or the Holder must appoint a competent person, being a holder of a manager’s certificate, approved by the Chief Inspector, to deputise as the acting Manager during his incapacity or absence, and the Manager or Holder shall promptly notify the Chief Inspector of the appointment of such acting Manager and the reason for the appointment.

(3) In the absence of any such notice, the person acting as manager of such mine, quarry, works or associated plant shall immediately inform the Chief Inspector and shall be deemed to be manager for the purposes of these Regulations.

(4) An acting Manager appointed under sub regulation (2) of this regulation, shall be subject to the same obligations and liabilities as the Manager.

(5) An appointment as acting Manager under sub regulation (2) of this regulation, shall not, except with the written permission of the Chief Inspector, be for a period longer than two months.

of 261


1804. Responsibility for working

The working of a mine, quarry, works or associated plant shall be carried out under the control and responsibility of the Manager who shall enforce the provisions of these Regulations in or about the mine, quarry, works or associated plant of which he is the Manager.

1805. Qualification of managers, underground managers and mine captain in underground mines

No person shall carry out, or be permitted to carry out, in any underground working the duties of a Manager, Underground Manager, or a Mine Captain unless he proves to the satisfaction of the Chief Inspector of Mines in the manner following his qualification to do so, that is -

(a) he is the holder of a recognised degree or diploma in mining, or an equivalent qualification and in addition has complied with the Examinations Requirements; or

(b) being not in possession of the technical qualifications laid down in sub-regulation (a) he may be appointed a Mine Captain provided he has complied with the provisions of the Examination Requirements; or

(c) in the case of a mine employing not more than thirty persons underground, a Manager, Underground Manager or Mine Captain, shall have had at least three years practical underground mining experience exclusive of surveying and sampling, save where he has successfully passed through the curriculum of a recognised mining school or academy, in which case he shall be exempted from one of such three years;

(d) he is the holder of a Certificate of Competency to conduct blasting operations issued by the Chief Inspector;

(e) he has satisfied a board of examiners appointed by the Chief Inspector (at least one member of which board shall be a senior mine official) as to his knowledge of mining and these Regulations;

(f) he is the holder of a certificate from a qualified medical practitioner stating that he has sound sight and hearing and is not subject to any bodily or mental infirmity likely to interfere with the efficient discharge of his duties.

In the case of an Underground Manager or a Mine Captain he shall prove to the satisfaction of the Chief Inspector in addition that -

(g) he is the holder of a recognised first aid certificate;

(h) he is the holder of a Mine Rescue Brigade Certificate or shall have attained the age of forty-five years, or has been exempted by the Chief Inspector.

of 261


1806. Qualification of managers, mine superintendent and mine captain in open pits

(1) No person shall carry out, or be permitted to carry out, on any surface working other than a quarry or digging area, the duties of a Manager, Mine Superintendent or a Mine Captain unless he proves to the satisfaction of the Chief Inspector in the manner as follows:

(a) he is the holder of a recognised degree or diploma in mining or metallurgy, or an equivalent qualification and in addition has complied with the Examinations Requirements; or

(b) being a prospective Mine Captain he has complied with the provisions of the Examination Requirements; or

(c) in the case of a mine employing not more than fifty persons he has had at least two years practical mining or metallurgical experience, exclusive of surveying and sampling, save where he has successfully passed through the curriculum of a recognised mining school or academy, in which case he shall be exempted from one of such two years;

(d) he is the holder of a Certificate of Competency to conduct blasting operations issued by the Chief Inspector, provided that this paragraph shall not apply in the case of a Manager, Mine Superintendent or a Mine Captain of a mine on which explosives are not in use;

(e) he has satisfied a board of examiners appointed by the Chief Inspector at least one member of which board shall be a senior mine official;

(f) he is the holder of a certificate from a qualified medical practitioner stating that he has sound sight and hearing and is not subject to any bodily or mental infirmity likely to interfere with the efficient discharge of his duties.

In the case of a Mine Superintendent or a Mine Captain he shall prove to the satisfaction of the Chief Inspector in addition that -

(g) he is the holder of a recognised first aid certificate.

1807. Qualification of managers of quarries

No person shall carry out or be permitted to carry out on any quarry the duties of a Manager unless -

(a) he is the holder of a recognised degree or diploma in mining, or an equivalent qualification and in addition has complied with the Examinations Requirements; and

(b) he is a holder of a Certificate of Competency to conduct blasting operations issued by the Chief Inspector; and

(c) he has satisfied a board of examiners appointed by the Chief Inspector at least one member of which board shall be a senior mine official.

of 261


1808. Appointments not to relieve manager of his personal responsibility

(1) The Manager may appoint one or more persons whose qualifications comply with the provisions of regulations 1805, 1806, 1807, 1819 and 2504 of these Regulations to assist him in the management and control of the mine, quarry, works or associated plant.

(2) Any person so appointed under sub-regulation (1) shall have the same responsibility under these Regulations as the Manager for such portion of the mine, quarry, works or associated plant as his letter of appointment shall specify but the appointment shall not be taken to relieve the Manager of his personal responsibilities under these Regulations.

(3) Any appointment under sub-regulation (1) of this regulation, shall be in writing and shall clearly define the portion of the mine, quarry, works or associated plant assigned for management to the person so appointed. A copy of the letter of appointment shall be forwarded to the Chief Inspector.

1809. General responsibility of manager

Where in any of the provisions of these Regulations no particular person is named as being directly responsible, the responsibility shall rest with the Manager.

1810. Responsibility for accidents occurring through incompetence of workmen

(1) In the case of an accident which has been caused through an incompetent or inexperienced workman or workmen being employed on dangerous work, the Manager shall be held responsible, unless he can prove that he has taken proper precautions.

(2) Where an accident results in injury to a person and which is shown to arise from such persons illegal activity in or about any mine, quarry, works, associated plant or prospecting area, the Manager of such mine, quarry, works, associated plant or prospecting area shall not be held responsible for such injury, providing the Manager has taken reasonable steps to curb such illegal activity.

1811. Responsibility of manager for safety, health and environment

The Manager shall:-

(1) ensure that these Regulations and any lawful order given by an Inspector in the interest of safety, health and environment are observed by every person employed at the mine, quarry, works or associated plant.

(2) appoint such persons as may be necessary to assist him in enforcing such observations of the Regulations.

of 261


(3) provide for the safety and health, proper discipline of persons employed and the protection of the environment in the mine, quarry, works or associated plant.

1812. Records to be kept by the Mine Manager

(1) The Manager of every mine, quarry, works or associated plant shall maintain records or particulars relating to the mine, quarry, works or associated plant which shall include

(a) inspection reports, decisions, requisitions and orders given by an Inspector;

(b) details of all boilers and pressure vessels in use; and statutory certificates of tests as required by these Regulations.

(c) details of every rope in use for winding purposes; and statutory certificates of tests as required by these Regulations.

(d) details of every winding equipment tests and statutory certificates of tests as required by these Regulations

(e) copies of statutory certificates and licences with medical reports relating to those persons engaged at the mine, quarry, works or associated plant; and who require such certificates to authorise them to carry out their duties.

(f) particulars of every accident and dangerous occurrence required to be reported under Regulations 1604 and 1605 of these Regulations;

(g) any other matter required by an Inspector to be placed on the record.

(2) The records kept under this Regulation shall have every page of each record numbered and an index maintained with such record.

(3) The records shall be kept at the office of the mine, quarry, works or associated plant and shall be opened at all reasonable times to the examination of any

(a) Inspector; or

(b) Authorised persons employed in or about the mine, quarry, works or associated plant; or

(c) Persons authorised in writing by the Chief Inspector to examine these records.

(4) Where these records have fulfilled their intended purpose they shall pass to and reside with the Republic.

of 261


1813. Manager to ensure duties are assigned to competent persons

It shall be the duty of every Manager to ensure that competent persons appointed by him shall be responsible for every inspection, examinations or other duties required under these Regulations.

1814. Appointment and qualification of shift bosses and mining foremen

(1) In every surface or underground mine, the Manager shall appoint in writing one or more competent persons to act as shift bosses or mining foremen, and the Manager shall notify the Chief Inspector of such appointment.

(2) No person shall carry out, or be permitted to carry out, the duties of a shift boss or mining foreman unless he is the holder of a certificate of competency granted by the Chief Inspector.

(3) No certificate of competency shall be granted by the Chief Inspector unless:-

(a) the applicant is literate;

(b) the applicant is the holder of a recognised First Aid Certificate;

(c) the applicant is a holder of a Certificate of Competency to conduct blasting operations issued by the Chief Inspector;

(d) the applicant has complied with the provisions of the Examination Requirements; and

(e) the applicant produces a certificate from a duly qualified medical practitioner that the applicant has sound sight, hearing and no infirmity likely to interfere with the efficient discharge of his duties as a shift boss or mining foreman.

(4) The applicant for an underground mine position must be holder of a Mine Rescue Brigade Certificate or shall have attained the age of 45 years.

(5) Every holder of a certificate of competency granted under this Regulation who, in the opinion of the Inspector, is guilty of inattention to, or negligence in the execution of his duties as a shift boss or mining foreman as specified in these Regulations or is guilty of any misconduct likely to be detrimental to the efficient discharge of such duties, shall be liable to have his certificate endorsed, suspended or cancelled by the Inspector.

(6) Any such endorsement, suspension or cancellation as is mentioned in sub-regulation (5) of this regulation shall forthwith be reported by the Inspector to the Chief Inspector, and any shift boss or mining foreman affected by such endorsement, suspension or cancellation may, within fourteen days thereof but not otherwise, appeal under regulation 1211.

of 261


1815. Managers or mine captain not to act as shift boss or mining foreman

No Manager, Underground Manager/Mine Superintendent or Mine Captain shall regularly undertake the duties of a Shift boss or Mining Foreman prescribed by these Regulations, except with the written permission of an Inspector.

1816. Duties of shift bosses and mining foremen

(1) Every Shift boss or Mining Foreman shall take charge during a shift of a section of a mine whether underground or surface, other than a quarry, works or associated plant, and such section shall be clearly defined in writing by the Manager, Underground Manager/Mine Superintendent or Mine Captain to the Shift boss or Mining Foreman concerned.

(2) Every Shift boss or Mining Foreman shall be responsible for ensuring the proper observance of the requirements of these Regulations by all persons working under him and shall as soon as practicable report in writing to the Manager, Underground Manager/Mine Superintendent or Mine Captain any contraventions thereof.

(3) In a case where the contravention occurs, or that the person or persons concerned in such contravention was not or were not under his immediate control shall not relieve the Shift boss or Mining Foreman from the responsibility of reporting such contravention.

(4) Every Shift boss or Mining Foreman shall, except in an emergency relating to safety and health which prevents him from so doing, at least once during his shift inspect every place of his section of the mine, whether underground or surface, assigned to him in which persons are working or through which they may have occasion to pass.

(5) Every Shift Boss or Mining Foreman shall ascertain the conditions thereof as regards to safety, ventilation, sanitation, the presence of gases and dust and other matters relevant for the safety and health of the mine workers.

(6) Where the regular Shift Boss or Mining Foreman is absent, the working places of the section shall be inspected by either the Mine Captain or another Shift Boss or Mining Foreman.

(7) Where any section of the mine is being worked by a contractor, the contractor shall appoint shift bosses and mining foremen who have the same duties as stated in sub-regulations (4), (5) and (6) of this regulation.

(8) Each Shift Boss or Mining Foreman shall ensure that at any time in any working place in his section when any operations are being carried out, there is only one person in charge at such working place.

of 261


(9) A Shift Boss or Mining Foreman shall be physically present in each Shift Boss’s or Mining Foreman’s section in which men are working and shall be responsible for their whereabouts and evacuation in an emergency.

(10) Every Shiftboss or Mining Foreman shall, at the completion of his shift, record in ink, in a book provided by the Manager for the purpose and to be kept in a place appointed by the Manager, all the particulars of :-

(a) the condition in which he found each working place and travelling way;

(b) any breach of the Regulations which he has observed and in respect of which he has taken action or in respect of which he considers action should be taken;

(c) such instructions for the purpose of securing safety, health and environment of person as he may have given during his shift;

(d) any place in which any person is at work in the section under his charge which has not been visited and the reasons thereof.

(e) any matters requiring the attention of the relieving Shiftboss or Mining Foreman with regard to the safety, health and environment of any person.

Such records shall be examined and countersigned by the Manager, Underground Manager/Mine Superintendent or the Mine Captain at least once in every day, and shall be open for inspection at all reasonable hours by an Inspector.

1817. Continuity of responsibility of managers and mine captain

The appointment of a Shiftboss or Mining Foreman shall not be taken to relieve the Manager, Underground Manager/Mine Superintendent or the Mine Captain of any personal responsibility under these Regulations.

1818. Appointment of fire patrols in underground mines

The Manager shall appoint in writing an adequate number of fire patrols, each patrol consisting of not less than two persons, whose duties shall be to pass through and examine, for the purposes of prevention or abatement of, and precaution against fire, at the end of each shift and on non-working shifts, all underground travelling ways containing timber and other combustible material.

1819. Machinery to be under charge of competent resident engineer

At every mine, quarry, works or associated plant, where the total rating of mechanical apparatus installed exceeds 750KW, all boilers, engines and other machinery, including electrical apparatus and installations, shall be under the general charge of a competent resident engineer.

of 261


1820. Qualification of resident engineer

No person shall carry out, or be permitted to carry out, in any mine, quarry, works or associated plant the duties of Resident Engineer unless he proves to the satisfaction of the Chief Inspector of Mines in the manner following his qualification to do so, that is -

(a) he is the holder of a recognised degree or diploma in mechanical, electrical or electromechanical engineering, or an equivalent qualification and in addition has complied with the Examinations Requirements;

(b) he has satisfied a board of examiners appointed by the Chief Inspector (at least one member of which shall be a resident engineer) as to his knowledge of these regulations, and the installation, commissioning, maintenance, and decommissioning practices of machinery, plants and equipment on the mine; and

(c) in addition he has had at least 5 years relevant practical experience.

1821. Engineering personnel below the rank of resident engineers to be certified

(1) At every mine, quarry, works or associated plant, where the equipment can not be supervised by the resident engineer alone and depending on the size and complexity of the operations, competent persons have to be certified and appointed as:

(a) plant engineers or engineering superintendents

(b) senior engineers or sectional engineers

(2) The certification of these persons shall be carried out by a board of examiners appointed by the Chief Inspector and shall be oral and written and shall prove:

(a) their knowledge of their specialised plant engineering practice with regards to installation, commissioning, maintenance and decommissioning of mine plants, equipment and machinery; and

(b) their knowledge of these Regulations.

1822. Inspecting engineer

At every mine, quarry, works or associated plant where the total rating of mechanical apparatus installed is less than 750 KW, all boilers, engines and other machinery, including electrical apparatus and installations, shall be inspected regularly by a competent inspecting engineer.

of 261


1823. Qualification of inspecting engineer

No person shall carry out, or be permitted to carry out, in any mine, quarry, works or associated plant the duties of Inspecting Engineer unless he proves to the satisfaction of the Chief Inspector of Mines in the manner following his qualification to do so, that is -

(a) he is the holder of a recognised degree or diploma in mechanical, electrical or electromechanical engineering, or an equivalent qualification and in addition has complied with the Examinations Requirements;

(b) he has satisfied a board of examiners appointed by the Chief Inspector, at least one member of which shall be a resident engineer as to his knowledge of these regulations, and the installation, commissioning, maintenance, and decommissioning practices of machinery, plants and equipment on the mine, quarry, works or associated plant; and

(c) in addition he has had at least 3 years relevant practical experience.

1824. Responsibility of manager for persons employed by contractors

Where a person is employed by a contractor in a mine, quarry, works or associated plant, that employment shall not be taken to relieve the manager of any personal responsibility under these Regulations.

of 261


Subdivision 1.9 Offences

1901. Offences

(1) Any person who contravenes the provisions of these Regulations or decisions, requisitions and orders shall be guilty of an offence.

(2) Any person who contravenes any of the provisions of this regulation is guilty of an offence and is liable upon summary conviction in the case of a body corporate, partnership, co-operative, association or group to a fine of no more than 10 000 Ghana Cedis and, in the case of an individual, to a fine of no more than 5 000 Ghana Cedis.

of 261


Part 2 Technical Rules

Subdivision 2.1 Mine Plans

2101. Mine Plans of underground mines

(1) The Holder or Manager of an underground mine shall ensure that accurate and updated plans of all underground workings of the mine, and such surface workings, buildings, and other features as the Chief Inspector may require, are made and maintained by a certified surveyor or the Manager as prescribed, and are kept in an office at the mine. The Chief Inspector may at his discretion call for copies of any transverse section of any part of the mine.

(2) Subject to the provisions of subregulation (1) of this regulation the following plans of all workings shall be kept -

(a) a general surface plan, or a true copy thereof, on durable material of the mineral right or rights which shall show the boundaries of such mineral right or rights when this can be shown on a plan of convenient size; the outcrops and dip of the reef or reefs or other mineral or alluvial deposits known or being worked, all open pits or surface workings, shafts, boreholes, reservoirs, tailings sites, railways, permanent pipelines, aerial cable ways, electric power lines, and tramways erected or constructed for the use of the mine, and all buildings, water courses, and other surface objects which it is needful to protect against undermining within the area of the surface of the land required for mining purposes.

This plan shall be brought up to date bi-annually during the months of June and December in each year and the information given shall be correct.

(b) (i) An underground plan, or true copy thereof on durable material, showing clearly the boundaries of the mineral right or rights when this can be shown on a plan of convenient size, also all shafts, drives, winzes, raises, crosscuts, stopes, safety pillars, stations, underground explosives magazines shall be clearly shown and all veins, spurs, or leaders that are being exploited, faults and dykes and datum levels, and important changes in the dip of the reef or mineral deposits shall be indicated.

Where different reefs or mineral deposits lie one above the other the workings of each reef or mineral deposit shall be shown on a separate plan by special request of an Inspector.

This plan shall at all times be correct to the last measuring date and in any case shall be brought up to date every three months.

(ii) An underground plan or true copy thereof on durable material showing clearly the system of ventilation throughout the mine,

of 261


the direction of main currents and positions of doors, stoppings, crossings, and main ventilating appliances. Intake or downcast currents to be shown on the plan in blue wash and return or up cast current in pink wash. This plan shall be kept up to date, and shall be on the same scale as that of the plan required by the last preceding paragraph.

(c) A general underground plan or true copy thereof similar to one mentioned in subregulation 2(b) of this Regulation, but drawn to the same scale as the general surface plan mentioned in subregulation 2(a) of this Regulation.

This plan shall at all times be correct to the last measuring date and in any case shall be brought up to date in June and December of each year.

(d) A plan or true copy thereof on durable material showing the transverse section or sections of the workings and drawn through the shaft or shafts of the property, indicating clearly the dip of the strata and reef or other mineral deposit, and any dislocation of strata, intrusive rock, etc.

This plan shall at all times be correct to the last measuring date and in any case shall be brought up to date in June and December of each year.

(e) (i) Where a reef or other mineral deposit has an average dip of more than sixty degrees, a plan or true copy thereof on durable material showing the vertical projection shall be made of the mine workings.

(ii) Graphical records consisting of a section and site plan shall be kept of all boreholes drilled whether on the surface or underground. Such records shall show the geological nature and widths of strata passed through, the assay values of any reef or other mineral deposit intersected and, also any dips and faults are to be indicated, and where boreholes have been surveyed, deflections shall be shown.

(f) Subregulations 2(a, c, d, and e(i)) of this regulation shall not apply to mines which have not started producing.

(3) The plans provided for in subregulations 2(a) and 2(c) of this regulation shall be laid down on a scale of either 1/100, 1/500, 1/1000, 1/1500 and any common multiple of 1/250 but not exceeding 1/2500, and the underground plans provided for in subregulation 2(b), 2(d) and 2(e) of this regulation on a scale of 1/250, 1/500 or 1/1000;

(4) Plans shall be maintained of every dam or dump operated by the mine, or of any abandoned dam or dump which may affect the mine operations or be affected in any way by the mine operations, or could be of danger to people.

of 261


2102. Mine plans of surface mines

(1) The Holder, or Manager of a surface mine shall ensure that accurate plans of all workings, together with sections of such workings as the Chief Inspector may require are made and maintained by a certified surveyor or Manager as prescribed, and are kept at an office at the mine.

(2) Subject to provisions of sub-regulation (1) of this regulation the following plans of all workings shall be kept-

(a) a general surface plan, or a true copy thereof, on durable material of the mineral right or rights which shall show the boundaries of such mineral right or rights when this can be shown on a plan as defined in sub-regulation 5of 2102; the outcrops and dip of the reef or reefs or other mineral or alluvial deposits known or being worked, all open pits or surface workings, shafts if any, boreholes, reservoirs, tailings sites, railways, permanent pipelines, aerial cable ways, electric power lines, and tramways erected or constructed for the use of the mine, and all buildings, water courses, and other surface objects within the area of the surface of the land required for mining purposes.

This plan shall be brought up to date during the months of June and December in each year and the information given shall be correct.

(b) (i) Plans of the workings or true copies thereof on durable material shall be made at different depths sufficiently numerous and suitably chosen so that by means of these plans together with those mentioned hereunder in b(ii) of this regulation an approximate estimate of the ground being extracted may be obtained.

These plans shall show clearly the distinction between the mineral deposit and the country rock.

(ii) Plans or true copies thereof on durable material showing traverse sections of the mine and workings suitably chosen so that by means of these plans together with those mentioned in sub-regulation b(i) of this regulation, an approximate estimate of the ground may be obtained, and the different heights at which the plans referred to in sub-regulation b(i) of this regulation were made, and also the distinction between the mineral deposit and the different varieties of the country rock shall be clearly shown.

(3) The plans and sections mentioned in b(i) and b(ii) of this regulation shall at all times be correct to the last measuring date and in any case shall be brought up to date every three months.

(4) Graphical records consisting of a section and site plan shall be kept of all boreholes drilled. Such records shall show the geological nature and widths of

of 261


strata passed through, the assay values, of any reef or other mineral deposit intersected, also any dips and faults are to be indicated, and where boreholes have been surveyed, any deflections shall be shown.

(5) The plans provided for in sub-regulation 2(a) of this regulation shall be laid down on a scale of either 1/500 or 1/1000 or 1/2000 or 1/2500 and the plans provided for in sub-regulation 2(b) shall be laid down on a scale of 1/100 or 1/200 or 1/250 or 1/500.

(6) Plans shall be maintained of every dam or dump operated by the mine, of any abandoned dam or dump which may affect the mine operations or be affected in any way by the mine operations, or could be of danger to people and animals.

2103. Measurements

In all mine surveys, measurements shall be metric.

2104. Co-ordinates and records of surveys

(1) The co-ordinates of the surface and underground surveys shall be referred, where practicable, to the same axis as the co-ordinates of the mining land survey on which the mine is situated.

The co-ordinates of the mining lands beacon are obtainable from the Director of Survey.

(2) The records of all surveys made in connection with the mine shall be entered into a register set aside for that purpose, and these records shall be kept up to date. The Inspector shall have the right to examine this register.

2105. Permanent bench mark compulsory

On all mining properties a permanent bench mark shall be established: should there be no suitable permanent stone structure one shall be built for this purpose.

All levels taken above and below ground shall be referred to a plane above this bench mark: the height of this plane shall be fixed in each district by the Director of Surveys and all elevations shall be stated in metric.

The plans on all surface mines shall, however, be referred to a datum above sea level.

(g) so far as is practicable, longitudinal sections or projections to a scale that accords with good engineering practice that shows all underground mining operations; and,

of 261


(h) so far as is practicable, sufficient cross-sections or projections to a scale that accords with good engineering practice that clearly shows the ore bodies and the parts of ore bodies mined out..

(3) The plans for a mine shall be prepared by, or under the supervision of a mine surveyor or by some other person of sufficient skill and experience approved by the Chief Inspector.

(4) The plans for a mine shall be certified as correct and dated by the mine surveyor or other person approved under sub-regulation (3) under whose supervision the plans were prepared.

(5) The Commission may, from time to time, publish guidelines setting out:

(a) the technical requirements to be complied with in the preparation of mine plans; and,

(b) the format in which plans should be provided to the Commission,

and the operator and registered manager for a mine shall ensure that any such requirements are complied with in the preparation, after the date on which those guidelines are published, of plans for the mine.

2106. Establishment of Beacons

(1) Where the holder of a mineral right erects beacons in pursuance of any of these regulations, he or she shall personally supervise the erection of the beacons and the marking out of the boundaries.

(2) Where the holder of:

(a) a reconnaissance licence;

(b) a restricted reconnaissance licence;

(c) a prospecting licence; or,

(d) a restricted prospecting licence, elects not to make application for the grant of a mining lease after erecting beacons in an area, he or she shall personally supervise the removal of the beacons marking out the boundaries.

(3) No person shall erect a beacon or anything purporting to be a beacon between five (5 pm) o’clock in the evening and eight (8 am) o’clock in the morning.

(4) The holder of a mineral right which has been surrendered, cancelled or expired shall not be allowed to apply through marking out any area covered by that mineral right either directly or indirectly, until after a period of ninety (90)

of 261


days from the date of notification by the Commission of such surrender, cancellation or expiry.

2107. Temporary Beacons

(1) A temporary beacon shall consist of a post with a notice board fixed on it and firmly held in the ground.

(2) A post referred to in sub-regulation (1) shall:

(a) be not less than 100 centimetres long, 5 centimetres in diameter if round, or 25 centimetres square;

(b) consist of one piece of material;

(c) stand in an upright position and the lower end shall be fixed into the ground to a depth of not less than 10 centimetres;

(d) project not less than 1metre above the ground.

(3) A notice board referred to in sub-regulation (1) shall:

(a) be composed of wood or metal and shall be not less than 0.5 metres square; and,

(b) be securely fixed to the upper portion of the post.

(4) All bush, brushwood and high grass shall be cleared and kept cleared during the period of the mineral right concerned for a distance of five metres from the location beacon and corner beacons.

(5) Inscriptions on any notice board shall be distinctly and legibly marked.

(6) The notice board of a temporary beacon shall bear such information as is required under these Regulations.

(7) In lieu of the following words, the abbreviations in the brackets shall apply and may be used on notice boards: “prospecting licence” (P.L.), reconnaissance licence (R.L.), “mining lease” (M.L.), “location beacon” (L.B.), “direction beacon” (D.B.), “corner beacon” (C.B.), “boundary beacon” (B.B.), “lower beacon” (Low.B), “upper beacon” (U.B.), and “pegged” (P).

(8) Where a beacon by reason of its position may be regarded as common to contiguous title areas, that beacon may be reckoned as one beacon in respect of each of the areas, provided there is information affixed to the concrete, as specified, in respect of each area.

(9) Nothing in these regulations shall be construed as preventing a person authorized under these regulations to erect a temporary beacon from erecting a permanent beacon in place of the temporary beacon at any time.

of 261


(10) A transferee of any mineral right shall, as soon as possible after he or she has been notified of the registration of the transfer, substitute his or her own name for the name of the transferor on all beacons in the area covered by his or her mineral right.

2108. Permanent Beacons

(1) A permanent beacon shall consist of either:

(a) an iron pipe measuring 1.5 metres long and 8 centimetres in diameter set in a concrete pillar of 100 centimetres square built on a rock foundation or sunk to a depth of 0.25 metres below the ground; or,

(b) an iron rod or angle iron bar measuring 1.5 metres long set in a concrete pillar of 100 centimetres square built on rock foundation, or sunk to a depth of 0.25 metres below the ground;

2109. Maintenance of Beacons

(1) All beacons and boundary marks shall be maintained in good condition and repair by the holder of the mineral right to whom or to which the beacons relate, and every such holder shall:

(a) at all times keep the area around every beacon clear of high grass, bush and brushwood within a radius of 5 metres of the beacon; and,

(b) in addition clear and keep clear of vegetation the boundary line of his or her mineral right for a distance of 1 meter on each side of every beacon and for a width of 1metre along the actual boundary line.

2110. Additional Beacons

(1) The Commission may require the holder of a mineral right, or an applicant for a mineral right to erect additional beacons, and clear boundary lines, or such parts of those lines as the Commission may determine, of bush, brushwood and long grass for a width of 100 centimetres along the actual boundary line or may cause the clearing and demarcation of such boundaries at the expense of the holder or the applicant.

(2) Where the Commission is satisfied that a survey or check survey of a title area is necessary, the Commission may:

(a) cause the survey to be made and a map prepared; and,

(b) demand from the applicant, or the holder of the mineral right concerned, the cost of the survey and map;

and the applicant or holder shall, within such time as may be specified in the notice of demand, pay to the Commission the cost of the survey and

of 261


map and lodge the original of the licence or lease concerned with the Commission for amendment.

(3) The boundaries of any area covered by a mineral right shall be such as are marked out by beacons on the ground by the applicant or a holder of mineral right other than a reconnaissance licence and the area may be adjusted by the Commission in the exercise of the powers under sub-regulations (1), (2) and (4) of this regulation.

(4) Where the Commission is satisfied that the area marked out on the ground differs materially in position, shape or area from the area over which the mineral right concerned was applied for or is held, the Commission shall, at the expense of the applicant or holder concerned, make such adjustments to the beacons and boundaries as he or she may think fit and the adjusted boundaries shall be deemed to be the boundaries of the area applied for or held.

(5) Any survey or map made under this regulation shall be subject to the approval of the Commission.

2111. Workings must be surveyed before abandoning

Where any mine is abandoned or ceases all operations for a period in excess of three months the Manager shall, where required by the Chief Inspector

(a) cause the last survey of the mine to be updated to show all final workings; and

(b) forward to the Chief Inspector a true copy of the plans so made.

2112. Removal of Beacons

(1) Upon the withdrawal or refusal of an application for grant or renewal of a mineral right, or the surrender, cancellation or expiration of a mineral right, the applicant or former holder shall within thirty (30) days of the date of the withdrawal, refusal, surrender or cancellation remove all beacons erected to demarcate the area concerned.

(2) Where a beacon is removed in accordance with sub-regulation (1), the applicant or former holder of the mineral right in question or his or her agent shall personally supervise the removal of the beacons.

(3) Without prejudice to sub-regulation (3), where an applicant for or the holder of a mineral right fails to comply with sub-regulations (1) or (2), the Commission shall cause the removal of the beacons to be effected by another person at the expense of the applicant or former holder of the mineral right concerned.

(4) A person who contravenes sub-regulations (1) or (2) of this regulation commits an offence for the purposes of section 106 of the Act.

of 261


2113. Plans to be produced for Inspectors or authorised persons

Every Holder, or Manager of a mine shall

(a) produce the plans of the mine or cause them to be produced to an Inspector or to any other officer authorised for the purpose in writing by the Chief Inspector within a reasonable time after a demand has been made for their production; and

(b) permit the Inspector or authorised person to examine and make copies of any plan or section.

2114. Power of Chief Inspector of Mines to order surveys

(1) Where the Chief Inspector believes that a copy of a plan or section of any mine furnished in accordance with these Regulations is incorrect or incomplete, he may cause the matter to be investigated.

(2) The Chief Inspector may, if he deems fit, order a survey of the mine, or that part of the mine affected, for the purpose of checking the copy of the plan or section.

(3) If, as a result of the survey ordered by the Chief Inspector it appears that a copy of a plan or section is incorrect or incomplete, he may require that the costs of the survey shall be paid to the State and the costs shall be a debt to the holder of the mining lease.

2115. Plans of dams, lakes, waste dumps

(1) The Holder or Manager of mines, works or associated plant subject to these Regulations shall maintain plans and/or sections compiled by a certificated surveyor of any dam, natural lake or waste dump used by or operated for the mines, works or associated plant.

(2) Copies of the plans and or sections shall be furnished for inspection as required by regulation 2113.

(3) Updated copies of the plans and or sections as required under sub regulation (1) of this regulation shall be furnished to the Chief Inspector annually or at such other interval as he may, by order in writing, require.

2116. Plans confidential

(1) No person shall, except with the authority in writing of the Minister, or the Chief Inspector and for purposes of the State, make a copy of, or tracing from, any copy of a plan or section furnished to the Chief Inspector, or taken by an Inspector or authorised person in accordance with these Regulations, without the consent in writing of the Holder of the mineral right or owner of associated plant to which the plan or section relates.

of 261


(2) A person having custody of any copy referred to in subregulation (1) shall not, except with the authority and for the purposes or with the consent referred to in Sub regulation (1), allow any person to inspect, or give to any person any description of, or information relating to the copy.

(3) Notwithstanding subregulations (1) and (2) of this regulation, where the mineral right or title to any area, mine, quarry, works or associated plant is surrendered or forfeited, any person, on application to the Chief Inspector, may be permitted to examine the copies of the plans or sections of the area, mine, quarry, works or associated plant which are held by the Chief Inspector.

2117. Penalty on breach of obligations to keep and deposit correct plans

(1) The Holder or Manager of a mine, quarry or associated plant who fails to keep correct plans as prescribed in these Regulations or neglects to deposit with the Chief Inspector within the prescribed periods true copies of such plans or the extensions in accordance with these Regulations is guilty of an offence.

(2) All plans or copies of plans deposited with the Chief Inspector under these Regulations and also when they are brought up to date, shall be signed and dated by a Surveyor and Holder, Owner or Manager.

2118. Withholding or concealing plans, faulty plans

The Holder or Manager of a mineral right, works or associated plant who withholds any portion of a plan, or conceals any part of the workings or knowingly or wilfully allows these plans to be or remain incorrect, shall be guilty of an offence against these Regulations.

2119. Rules with regard to plans by Chief Inspector of Mines

The Chief Inspector shall have the power to make rules from time to time with regards to plans for the purpose of securing uniformity in colour, and the use of conventional signs.

of 261


Subdivision 2.2 Exploration

2201. Cutting and use of grid lines

(1) Cut lines or walking tracks must not exceed one metre in width.

(2) Access to cut lines must be discreet, to reduce the possibility of subsequent misuse by unauthorised users.

(3) Cut lines are to be established using hand tools such as machete, fern hook, axe and chainsaw only.

(4) Whilst cutting and later using grid, all introduced debris (bottles, cans, paper) is to be removed.

(5) If changing oil in small, hand-carried machinery, waste oil is to be collected and taken to an appropriate disposal area.

(6) On all work sites where chainsaws, power augers, and other petrol-driven machinery are used there must be, within sensible reach, a powder-type extinguisher of not less than five kilogram capacity.

2202. Tracks

(1) Existing access roads should be used wherever possible.

(2) At the beginning of construction, tracks have to be cleared from vegetation and topsoil. Topsoil has to be stored separately.

(3) Excessive earthwork shall be avoided.

(4) Adequate drainage has to be provided.

2203. Rehabilitation of tracks

After finalisation of the exploration programme tracks have to be rehabilitated by ripping the soil, spreading topsoil and revegetating the track.

2204. Drill pads

(1) For the preparation of drill pads, vegetation has to be cleared and topsoil stockpiled separately from subsoil.

(2) Pad size and peripheral disturbance shall be kept to a minimum.

(3) Fuel, oil and chemical containers are to be in a sound condition and stored in a steel tub to avoid environmental contamination.

of 261


(4) The manager has to ensure that there are no leakages from any equipment.

(5) After finalisation of drilling the drill pad has to be cleaned and rehabilitated by ripping the subsoil, placing topsoil and revegetating.

2205. Trenches and pits

(1) While excavating trenches or pits, topsoil has to be stockpiled separately.

(2) Warning signs or fences shall be erected around pits and trenches to prevent inadvertent falls into the excavated trenches or pits.

(3) After finalisation of the exploration program trenches and pits have to be cleaned, backfilled, covered with topsoil and revegetated.

2206. Rehabilitation and revegetation

Used land has to be rehabilitated as far as possible to the original situation. Rehabilitation earthworks should be done when the soil is dry enough to move. Seeding and fertilising should be done after the replaced soil has been softened by rains. Once topsoil has been spread over a prepared disturbed area, a vegetation cover must be established. Seeds should be collected from plant populations growing locally.

of 261


Subdivision 2.3 Surface Mining

2301. Design of surface mine

(1) The manager of a mine shall prepare and implement a mine design that:

(a) is based on sound geotechnical engineering practices which

(i) takes into account the geology of the mine;

(ii) assesses the ground stability of the active and proposed workings of the mine;

(iii) takes into account previous occurrences of ground instability;

(iv) outlines the geometry of existing and proposed excavations;

(v) includes a slope stability monitoring program; and

(vi) outlines the methods to be used to control water from the strata or from any surrounding bodies of water;

(b) considers, so far as is reasonably practicable, the health and safety of workers;

(c) is prepared under the direction of a qualified person;

(d) consists of drawings, plans, specifications and procedures to be used in the construction and operation of the mine;

(e) includes a blasting design, where required; and

(f) takes into account other important factors with regard to the mine design.

(2) The manager of a mine shall ensure that a mine design is assessed and updated under the direction of a qualified person:

(a) annually; and

(b) before any modification is made to the mine design that might significantly affect the ground stability.

2302. Geotechnical considerations for surface operations

(1) The manager of a mine shall ensure that geotechnical aspects are adequately considered in relation to the operation and abandonment of mine operations or works.

(2) The manager of a surface operation shall ensure that the measures, not limited to the following, are taken in relation to ground control:

(a) adequate consideration is given to local geological structures and their influence on wall stability;

of 261


(b) adequate consideration is given to shear strength of the rock mass and its geological structure;

(c) a proper analysis is carried out of rain water inflow, surface drainage pattern, groundwater regime and mine de-watering procedures and their influence on wall stability over time;

(d) where necessary, appropriate designs of rock reinforcement are applied and used, and the quality of installation is verified;

(e) analysis is carried out of open pit wall stability for the projected geometry of the pit;

(f) appropriate drilling and blasting procedures are used to develop final walls; and

(g) appropriate methods of open pit wall monitoring are used over a period of time to determine wall stability conditions.

(3) The manager of a mine shall ensure that appropriate precautions are taken and written safe working procedures are followed if open pits are excavated through abandoned underground workings, or in close proximity to current underground workings.

2303. Design of haulage roads

(1) The manager of a mine shall ensure that the design and construction (including the width, gradient, camber and radius of curvature of bends) of each road and other vehicle operating area at the mine —

(a) is such as to enable the safe operation of all mobile equipment authorised to travel on the road or in the area; and

(b) takes into account the size, speed, loads and operating characteristics of the equipment to be used, and the pit conditions including the effects of weather, on the road or in the area.

(2) The manager of a mine shall ensure that each road and other vehicle operating area at the mine is maintained so as to enable the safe operation of all mobile equipment authorised to travel on the road or in the area.

(3) The manager of a mine shall cause such signs to be erected or other devices or means to be installed as may be necessary to control the speed and movement of vehicles using roads in the mine or works.

(4) The manager of a mine shall ensure that all haulage roads at an open pit mine are designed, constructed and maintained to provide:

(a) a travel width:

(i) that is at least 2.5 times the width of the widest haulage vehicle used on the road where dual lane traffic exists; or

of 261


(ii) at least twice the width of the widest haulage vehicle used on the road where single lane traffic exists; and

(b) a surface and slope that reduce, as far as is reasonably practicable, the danger of vehicles slipping or skidding.

(5) If there is a drop-off greater than three metres from a haulage road at an open pit mine, the manager must ensure that:

(a) on haulage roads a berm of at least 75% of the height of the largest tyre on any vehicle used on the road is constructed and maintained along the edge of the road;

(b) at intersections the berm height may be at least 50% of the height of the largest tyre for a distance of 20 metres; and

(c) to allow for drainage, no opening in a berm shall be greater than a metre in width.

(6) On haulage roads where of the circumstances mentioned in subregulation (7) exists, the owner or manager must do all of the following:

(a) if reasonably practicable, provide emergency runaway lanes or retardation barriers that are:

(i) placed at suitable locations; and

(ii) capable of bringing a runaway vehicle to a controlled stop;

(b) maintain and clearly mark the emergency runaway lanes or retardation barriers.

(7) Subregulation (6) applies if:

(a) both of the following circumstances exist:

(i) the grade of the haulage road exceeds 10%; and

(ii) a sharp bend in the haulage road exists that creates a risk to the operator of a vehicle; or

(b) the Chief Inspector of Mines directs that the manager complies with subregulation (6).

2304. Safe means of access to be provided and maintained at surface workings

There shall be provided and maintained a safe means of access to every place at a surface working at which any person has any access to work.

2305. Boundary approach limit

(1) In this regulation, “boundary approach limit” means the minimum distance that an excavation in an open pit mine may approach a boundary between two adjoining mining leases.

of 261


(2) The boundary approach limit shall not be less than fifteen metres.

(3) Where workings on adjoining mining leases approach each other, the managers of the mines shall jointly determine the method of mining to be used in the area adjacent to the boundary approach limit to protect the health and safety of workers.

(4) In the case of unconsolidated materials, sloughing within the area shall be left to form a natural slope and shall not be removed for any reason.

2306. Mine boundaries

The manager of a mine shall ensure that:

(1) if any planned or existing excavation, waste dump, ore stockpile, water or tailings impoundment or other activity or construction may present a hazard to persons on any adjacent mine or on any land adjacent to the boundary of the mine —

(a) the hazards are identified and the associated risks are assessed; and

(b) consideration is given to what preventative or remedial measures can be taken to remove the hazard or guard against those risks.

(2) excavations are not mined to less than 30 metres to the boundaries of other land holdings, which are owned by persons other than the holder of the mining lease so that adequate room is left to install protection against inadvertent access by persons after the mine is abandoned.

2307. Benches

(1) If falling material may endanger a worker as a result of the height of a working face or the nature of the material, the manager shall ensure that the mine is provided with benches at suitable levels.

(2) The maximum allowed bench height is twenty (20) metres.

(3) The minimum bench width is five (5) metres.

2308. Maximum working face height

The manager of a mine shall ensure that the height of a working face does not exceed the maximum height of the loading equipment used, unless permitted by the Chief Inspector of Mines.

2309. Precautions in working at the edge of faces and benches

(1) At the edges of an open pit mine or quarry, the manager shall ensure that:

of 261


(a) all loose material is scaled or trimmed from the edge of the open pit or quarry where a worker is required or permitted to be present;

(b) except for berms, all equipment, unconsolidated material, rocks and construction materials are kept at least two metres from the edge of the open pit and quarry;

(c) the slope of any pile of unconsolidated material adjacent to the edge of open pit or quarry is at an angle not steeper than the least of:

(i) one horizontal to one vertical; and

(ii) the natural angle of repose.

(d) no vehicle is operated, and no vehicle or heavy load is located, near the edge of an open pit mine so as to affect the stability of the walls of the open pit mine.

(2) The manager of a mine or quarry shall ensure that:

(a) where necessary, appropriate methods and equipment are used to scale down bench faces above the benches on which persons are required to work.

(b) if a bench is, or a series of benches are, left unworked in a mining operation, the height of the bench faces and the width of the benches is such that so far as is practicable localized failures of such benches can be contained to prevent a hazard to persons working deeper in the pit and that equipment is available to persons at the benches to enable them to make the area safe.

(c) where the vertical height of the face exceeds three (3) metres and explosives are used, bench drilling shall be carried out from the top of the bench. Drilling and firing of toe or other holes shall be authorised by the manager.

(d) a face is not drilled or otherwise worked in a manner which will create an overhang of the face, and if unconsolidated rock is mined the face and sides shall be battered to prevent a collapse.

(e) a face is not undercut by the excavation of a slot at the toe or in any other part of the face. This subregulation does not prevent a tunnel or adit being driven into the face.

(f) if a person on foot is required to work at the toe of a face or on the face itself, the face is scaled of any loose rock which could fall on the person.

(g) all trees at or near the face or sides of such open pit working, quarry, trench or other similar working, shall be cleared back to a sufficient distance to avoid danger from falls.

(3) This Regulation does not apply to a mine where the rock is being mined or sluiced by jets of water or like material.

of 261


2310. Slope of open pits in unconsolidated material

Where earth, clay, sand, gravel or any other unconsolidated materials is being removed from a surface mine by means of powered equipment:

(a) the working face shall be sloped at the angle of repose; or

(b) the vertical height of the working face shall not be more than 1.5 metres above the maximum reach of the equipment.

2311. Precautions to be taken against fall of loose rock in open pits

(1) In a surface mine or quarry no work shall be carried out -

(a) near a working face following a blast; or

(b) near a face on which mining operations have discontinued for a period more than seven days;

until a supervisor examines the face for any potential hazard to the health and

safety of a worker.

(2) When a surface mine or quarry is worked in benches, loose rock on berms or benches shall not be permitted to accumulate so that a worker on a lower bench is endangered.

2312. Life line for workers barring loose rock in a surface mine

A worker barring loose rock, or scaling or cleaning on a face of a surface mine or quarry shall be provided with and shall wear a life line.

2313. Manager responsible to avoid danger from falls

(1) The Manager shall be responsible for ensuring that any mining operations are so carried out as to avoid danger from falls.

(2) The Manager of a mine shall ensure that measures such as the use of fences, signs, barricades and bund walls are taken to minimise, so far as is practicable, the risk of persons falling into each shaft, pit, quarry face, trench or other excavation at the mine.

(3) The Manager of a mine shall ensure that measures such as the use of fences, barricades, scaffolding, safety restraints or fall arrest equipment are taken to minimise, so far as is practicable, the risk to persons working at a height of more than 2.5 metres from falling.

2314. Fall arrest equipment

The Manager of a mine shall ensure that where there is a risk of injury to persons at the mine from falling, and that risk cannot otherwise be eliminated, that suitable fall arrest equipment is provided at the mine and that such equipment is (including

of 261


where the equipment has arrested an actual fall) maintained, serviced and, where appropriate, replaced by a competent person in accordance with good industry practice and the manufacturer’s recommendations.

2315. Lighting

(1) The manager of a mine must ensure that adequate stationary lights shall be provided at night at all work places on surface where work is being carried out.

(2) A person shall not enter an unilluminated part of a surface mine unless —

(a) the person is in a vehicle that is illuminated; or

(b) the person or another person accompanying the person carries a light that is adequate to ensure safety.

(3) The manager of a mine shall ensure that —

(a) safe driving zones on roads in surface mining operations are marked by lights or other marker guides which are clearly visible at night;

(b) that the edges of benches and banks and similar precipitous places near roads used for surface mining operations are clearly illuminated or effectively marked; and

(c) at every place at the mine where vehicles regularly dump material over the edge of an embankment that is more than three metres high adequate lights are located.

2316. Operation of vehicles

(1) The manager of a mine shall ensure that only competent drivers are permitted to operate a vehicle.

(2) The manager of a mine shall ensure that the operator of a vehicle:

(a) does not exceed a speed that is reasonable and safe;

(b) operates the vehicle in a safe manner; and

(3) The driver shall ensure that he :

(a) does not exceed a speed that is reasonable and safe; and

(b) operates the vehicle in a safe manner.

2317. Only driver to ride on dumpers, etc. where no passenger seat

No person apart from the driver shall ride on any earthmoving machinery such as a dumper, bulldozer or scraper where there is no passenger seat provided.

This regulation shall not prevent a person from standing in the cab of an excavator provided there is no danger of his falling off from moving machinery.

of 261


2318. Traffic control plan

(1) If a worker is in danger from vehicular traffic, the manager of a mine shall develop and implement a written traffic control plan to protect the worker from traffic hazards.

(2) The traffic control plan mentioned in subregulation (1) shall set out, if appropriate:

(i) the maximum allowable speed of any vehicle in use;

(ii) the maximum operating grades;

(iii) the location and type of control signs;

(iv) the route to be taken by vehicles and units of powered mobile equipment;

(v) the priority to be established for classes of vehicles;

(vi) the location and type of barriers, restricted areas or safety stations;

(vii) the procedure to be used in case of an emergency; and

(viii) the duties of workers and the manager.

(3) The manager of a mine must ensure that:

(a) workers are trained in the traffic control plan developed pursuant to subregulation (1); and

(b) the traffic control plan developed pursuant to subregulation (2) is made readily available for reference by workers.

2319. General requirements for belt conveyors

(1) The manager of a mine must ensure that no worker:

(a) rides on a conveyor belt; or

(b) except as provided in subregulation (2), crosses a belt conveyor that has not been locked out.

(2) A worker may cross a belt conveyor on a walkway that:

(a) has guardrails; and

(b) is at least 600 millimetres wide.

(3) If a worker may be at risk from being caught in a pinch point at the head, tail, drive or tension pulleys of a belt conveyor, the manager of a mine shall ensure that:

(a) the pinch point is protected by an effective safeguard; and

(b) the safeguard extends at least one metre beyond the pinch point.

of 261


(4) The manager of a mine shall ensure that a belt conveyor is equipped with a belt-slip detection device designed to stop the drive motor in the case of belt blockage or belt slippage.

(5) If an elevated conveyor crosses over a place where a worker may pass or work, the manager of a mine shall ensure that suitable precautions are taken to prevent materials on the conveyor from falling on the worker.

2320. Start-up warning device for belt conveyors required

(1) The manager of a mine shall ensure that a belt conveyor is equipped with an effective start-up warning device.

(2) The start-up warning device mentioned in subregulation (1) shall be:

(a) visible and audible

(b) be located at suitable intervals along a conveyor; and

(c) have a mechanism that provides a 10-second delay between the sounding of the warning and the start-up of the conveyor.

2321. Pull cords required

The manager of a mine shall ensure that:

(a) the belt conveyor is equipped with controls that shall be reset manually after an emergency stop and before the conveyor can be restarted;

(b) every accessible section of the belt conveyor is equipped with a pull cord or other device approved by the Chief Inspector of Mines that is capable of stopping the conveyor in the case of an emergency; and

(c) the pull cord mentioned in clause (b):

(i) reaches from the head pulley to the tail pulley; and

(ii) is located to maximize its effective use.

2322. Motor vehicle brakes

(1) The manager shall ensure that a motor vehicle is not used at the mine unless it is equipped and maintained with suitable brakes capable of effectively stopping and holding that vehicle fully loaded under any conditions of operation when driven in accordance with the manager’s instructions.

(2) The manager shall ensure that the following types of equipment at the mine are equipped with independent braking systems for use in an emergency in the event of failure of the primary braking system:

(a) wheeled earth moving machinery; and

(b) any other vehicle to which it is practicable to fit such a system.

of 261


(3) The manager of a mine shall ensure that:

(a) each motor vehicle at the mine is maintained in good order and condition; and

(b) a competent person tests and, if necessary, adjusts the brakes of each motor vehicle to ensure that they operate effectively.

(4) No person shall leave a motor vehicle unattended at a mine unless it is parked in a safe manner with the controls in the correct position for parking and the parking brakes fully applied.

(5) A person who finds any defect which could make the operation of a motor vehicle at a mine unsafe shall immediately report the defect to the manager or the manager’s representative.

2323. Motor vehicle safety equipment

(1) The manager of a mine shall ensure that all motor vehicles used at a mine are equipped with —

(a) effective headlights, tail lights and turn indicators;

(b) an effective audible warning signal, which can be sounded when the vehicle is about to be moved if clear vision immediately in front of and behind the vehicle is not available to the driver;

(c) all vehicles except light duty vehicles shall be equipped with audible warning device which automatically activates when in reverse gear.

(d) adequate seating for the driver and any passengers; and

(e) a flashing light on the cab of all light servicing vehicles and vehicles used to transport personnel.

(f) seat belts and seat belt anchorage points that comply with applicable standards that are prescribed under these regulations, or otherwise as directed by the Chief Inspector.

(2) The driver of a vehicle used at a mine shall sound the warning signal referred to in subregulation (1)(b) when the vehicle is about to be moved if clear vision immediately in front of and behind the vehicle is not available to the driver.

(3) The driver of a motor vehicle used at a mine shall ensure that a flashing light on the vehicle is operated when the vehicle is being used in an area designated by the manager.

(4) The manager of a mine shall not allow a motor vehicle to be driven, and a person shall not drive a motor vehicle, unless the brakes, steering, warning signal and lights are in good working condition.

of 261


2324. Loading precautions

(1) The driver of a haul truck shall always in his cab while the truck is being loaded.

(2) The driver of a shovel or loader shall not cause the bucket of the shovel or loader to be traversed over the driver’s cab of a truck or other motor vehicle during loading operations.

(3) All persons shall keep clear of the area between the loading unit and the face, and the area traversed by the loading bucket during loading operations.

2325. Interpretation regarding dumps and stockpiles

In the following regulations regarding dumps and stockpiles,

(a) “mine waste rock dump” means a pile or heap of waste rock at a mine that

(i) exceeds three metres in height; and

(ii) is intended for reclamation;

(b) “stockpile” means a pile or heap of ore or waste at a mine that:

(i) exceeds three metres in height; and

(ii) is of temporary nature; and

(iii) is not intended for reclamation.

2326. Mine waste rock dump

(1) The manager shall develop a written dump plan and submit it to the Inspectorate Division to obtain approval before commencing construction of the dump, roads and ramps that are part of the dumping operation.

(2) The Manager shall not construct, enlarge, or otherwise make a structural alteration to a waste dump in an area covered by a mineral right without the approval of the Chief Inspector.

(3) The Manager shall seek approval to construct or otherwise make a structural alteration to a waste dump under sub-regulation (1) shall:

(a) lodge with the Chief Inspector plans and specifications showing such details as may be prescribed of the construction or enlargement or other alteration proposed to be carried out; and,

(b) satisfy the Chief Inspector that all proper measures have been and will be taken to ensure the health and safety of the persons undertaking the construction, enlargement or alteration and the health and safety of all persons who will work, or otherwise be present, in the vicinity of the waste dump.

of 261


(4) Any plans and specifications required to be lodged with the Chief Inspector under sub-regulation (3) shall be drawn to scale and all essential measurements shall be plotted on them, and shall contain:

(a) a contour plan and cross-section of the locality and site of the waste dump;

(b) details and nature of the materials proposed to be used in the construction of the waste dump or as applicable, the enlarged or altered area of the waste dump;

(c) the types of waste to be deposited in the waste dump;

(d) the measures to be employed to ensure that the waste deposited in the waste dump does not give rise, so far as is practicable, to risks to health and safety;

(e) the measures to be employed to ensure that the waste deposited in the waste dump and noxious effluents from the waste do not escape or leak from the area of that waste dump;

(f) the measures to be employed to avoid acid rock drainage from sulphidic waste material and,

(g) the measures to be employed to ensure that no noxious or offensive odours, detectable by persons who reside in the vicinity of the waste dump, are emitted from the waste dump.

(5) The Manager shall not use a waste dump which is constructed, enlarged or altered pursuant to this regulation until it has been inspected and certified that, to the extent practicable, it is does not pose a danger to health and safety.

(6) The manager shall ensure that a dump plan developed pursuant to subregulation (1) is made readily available to workers at the mine.

(7) The manager shall ensure that a dump is designed by a competent person.

2327. Discontinuance of Waste Dumps

(1) Where the mineral right holder of the mine to which a waste dump relates intends to cease to use that waste dump, he or she shall, before ceasing that use, take such measures as prescribed by the regulations.

(2) Within fourteen (14) days after discontinuance of use of a waste dump, the mineral right holder of the mine to which the waste dump relates shall, notify the Chief Inspector of the discontinuance by written notice in the prescribed form.

(3) Where the mineral right holder of a waste dump intends to permanently discontinue use of the waste dump, the mineral right holder shall lodge with the Chief Inspector, not less than ninety (90) days prior to the date from which it is proposed use of the waste dump is to cease, plans and specifications

of 261


setting out the procedures to be followed in treating the waste dump to ensure that, once use of the waste dump has ceased, it is in a condition such that, so far as is practicable, it does not present a danger to persons or property.

2328. Temporary Stockpiles

(1) If material is to be stored in a stockpile, the manager shall:

(a) develop a work plan for the operation of the stockpile to ensure the health and safety of workers who work on or near the stockpile;

(b) make a copy of the work plan readily available to workers at the stockpile; and

(c) ensure that all persons working in the respective area comply with the work plan.

(2) A work plan for the operation of a stockpile shall be in writing and shall include provisions for:

(a) supervision of the operation;

(b) training of workers;

(c) any necessary limits on the use of equipment on or near the stockpile;

(d) control of:

(i) the formation of dangerous slopes; and

(ii) the undermining of the stockpile; and

(e) control of draw points and dumping operations.

2329. Dumping precautions

(1) The manager of a mine shall ensure that the design, layout, construction and maintenance of any dump or stockpile takes into account the following factors to minimize any potential for instability of the dump or stockpile —

(a) the nature of the material dumped;

(b) the size and weight of the equipment used;

(c) the site conditions, including stability of the area on which the dump is built;

(d) the drainage conditions; and

(e) the weather conditions.

(2) The manager of a mine shall ensure that rock or other material is not dumped from a motor vehicle over a bank or into a bin at the mine unless:

of 261


(a) there is an effective back stop provided, e.g. berms, bumper blocks, safety hooks or similar means as required to prevent overtravel and overturning at all tipping and dumping locations, or

(b) a person suitably stationed to guide and direct the driver of the motor vehicle to a safe dumping position.

(3) The manager of a mine shall ensure that, when dumping is carried out at the mine (whether by day or by night), marker guides or other effective signs are placed to indicate to the driver of the motor vehicle the limit of safe approach to the tipping area.

(4) The manager of a mine shall ensure that, when dumping is carried out by truck at night at the mine, the area is illuminated by stationary lights so placed as to give effective illumination to the working area and to the edge of the dump area.

(5) The manager of a mine shall ensure that a system is established at the mine that ensures the stability of a dumping area if rock or other material is to be dumped from a motor vehicle over any bank or bench.

2330. Dumping at stockpiles and feed bins

(1) The manager of a mine shall ensure that no dumping is carried out over the edge of a stockpile at the mine when loading out from the base of the stockpile is taking place unless the load out area is at a sufficient distance that it will not undermine the dumping location.

(2) The tipping area at the feed bin shall have suitable width, clearance and headroom to accommodate the equipment using the facilities.

(3) At a feed bin, all grizzlies, grates and similar stationary sizing devices should be securely mounted and anchored.

(4) Persons required to work on a grizzly while breaking rocks should be provided with and should wear a securely anchored safety belt.

(5) Feed bins, storage bins, chutes, grizzlies and other installations at stockpiles shall be so designed and installed that the persons operating them are not required to be in a hazardous position whilst at work.

(6) Any attempt to free a blockage in a chute should only be made by a competent person who fully understands the hazards involved.

2331. Stockpile safety precautions

(1) A person shall not walk or climb on top of any active surge stockpile of broken rock to which broken rock is fed from above and from which the rock is withdrawn through an extraction system below unless —

of 261


(a) the person has been instructed to do so by the manager or the manager’s representative;

(b) the feed to and from the stockpile has been stopped;

(c) it has been established that the extraction system below is not hung up;

(d) the person uses an appropriate fall arrest protection system; and

(e) the person is assisted by another person stationed at a safe vantage point above the person.

(2) No person shall use earthmoving equipment on a surge stockpile unless the manager or the manager’s representative has authorised the person to do so.

(3) The manager or the manager’s representative shall not give authorisation under subregulation (2) unless the manager or the manager’s representative is satisfied that it is safe to use the earthmoving equipment on the stockpile.

(4) The manager of a mine shall ensure that, if material is removed from the base of a stockpile, adequate precautions are taken to ensure that a slump of the stockpile will not endanger any person working on, or in the vicinity of, the stockpile.

(5) Subject to subregulation (6), the manager of a mine shall ensure that any tunnel under a surge stockpile of broken rock or other unconsolidated material has 2 entrances which are kept clear of obstructions at all times.

(6) A tunnel under a surge stockpile may have a single entrance, if there is only one extraction point which is located at the blind end of the tunnel.

2332. Precautions for works at water ponds

(1) In any place where there is water and where a person working adjacent to such place in the course of his employment is liable to fall into such water with risk of drowning, such person shall wear a life jacket and suitable rescue equipment shall be provided and kept in good order and ready for immediate use in the prompt rescue of any person in danger of such drowning.

(2) Where the elevation of the ground immediately adjacent to any place referred to in subregulation (1) of this regulation is at least one metre above the level of the water or where a floating stage is used on the water or there is a structure immediately adjacent to such water, adequate fencing or similar safeguards shall be provided and maintained to a height of not more than 1.5 metres at all edges of the ground or structure immediately adjacent to the water. Any floating stage shall be so fenced around its full perimeter:

Provided that such fencing may be temporarily removed for the purposes of maintenance, repair or movement of material.

of 261


2333. Sluicing operations

In a mine where the rock is being mined or sluiced by jets of water or like material —

(a) a person shall not approach —

(i) the top of any operation face within a distance equal to twice the height of that face; or

(ii) the toe of that face within a distance determined by the manager; and

(b) the manager of the mine shall ensure that signs are erected to mark the limits referred to in paragraph (a).

2334. Restriction of access

The manager of a mine shall implement such measures as are necessary to prevent inadvertent access to a surface mining operation by persons who are not employed at the mine or are not authorised to enter the mine.

2335. Sand pits

(1) Unless the face of a sandpit stands at an angle that approximates the natural angle of repose of the sand, the manager of the mine shall determine the maximum height of a working face after considering the nature of the material mined, the method of mining and the equipment being used, so that safe working conditions are maintained.

(2) The manager of a mine shall ensure that each bench has separate loading arrangements and is of sufficient length and breadth to provide safe working conditions for the vehicles and equipment to be used thereon.

(3) The manager of a mine shall ensure that a working face is advanced over as great a length as is practicable and, at the end of each day of work, is sloped to prevent a slump of sand.

(4) For the purposes of this regulation the walls of a sand pit excavation are taken to be working faces.

of 261


Dredges

2336. Dredges

(1) The manager shall ensure that a dredge used at a mine is equipped with:

(a) adequate and suitable fire-fighting equipment;

(b) adequate guard rails to prevent any worker from falling into the water;

(c) a suitable gangplank for exit to a permanent walkway;

(d) a ladder on each side of the dredge that extends from the deck to the water level for rescue purposes;

(e) an adequate means of exit from the engine room and control cabin; and

(f) an effective means of communicating with workers on the dredge.

(2) If a worker is required or permitted to be on a dredge that is not connected to the shore by a walkway, the manager shall ensure that at least two suitable boats, one based at the dredge and the other based at the shore, are available for immediate use. A suitable landing bay shall also be provided at the shore.

(3) The manager shall ensure that no flammable materials, other than lubricant and fuel necessary for 24 hours of operation, are stored on a dredge.

(4) The manager shall ensure that every dredge is equipped with lightning protection system.

2337. Dredges to be approved

The holder of a mining lease shall not use a dredge in any mining operation unless the use of the dredge has been approved in writing by the Chief Inspector of Mines.

2338. Approval of use of a dredge

(1) An application to the Chief Inspector of Mines for approval to use a dredge in any mining operations shall include:

(a) plans showing the location of the dredging operation together with the general layout of the dredging proposal;

(b) design and construction details of the dredge including —

(i) structural details;

(ii) the means to be used to manoeuvre the dredge and move the dredge from place to place in the dredging operation;

(iii) the means to be used to break out and raise the product of the dredging operations; and

of 261


(iv) the maximum depth below the surface of the water at which dredging operations are to be carried out;

(c) design details of any mooring or anchoring apparatus to be used in carrying out the dredging operation;

(d) details of the loads used in any design, stability and buoyancy calculations;

(e) details of any ballast requirements or limitations including any restrictions on the storage of free liquid, and the maximum and minimum draught of the dredge;

(f) details of the means of access from the bank to the dredge;

(g) the report of a qualified naval architect confirming the buoyancy and stability of the dredge under all operating conditions;

(h) the results of buoyancy and stability tests; and

(i) details of any approvals obtained under other laws.

(2) The Chief Inspector of Mines may request the holder of the mining lease to provide information additional to that provided under subregulation (1).

(3) The holder of a mining lease shall ensure that a request made under subregulation (2) is complied with within 14 days from the date of the request.

(4) If the holder of a mining lease applies in accordance with this regulation, the Chief Inspector of Mines may approve the use of a dredge in a mining operation.

2339. Approval of repairs or modifications

(1) The manager shall ensure that before any repairs, modifications or alterations are carried out on a dredge that may affect its strength, buoyancy or stability —

(a) the manager applies to the Chief Inspector of Mines for approval to carry out that work;

(b) plans, specifications, drawings and design calculations are submitted to the Chief Inspector of Mines which indicate the nature and extent of that work; and

(c) the work is approved by the Chief Inspector of Mines.

(2) The Chief Inspector of Mines may request the provision of information additional to that provided under subregulation (1).

(3) The manager shall ensure that a request made under subregulation (2) is complied with within 30 days from the date of the request..

of 261


(4) If the manager applies in accordance with this regulation, the Chief Inspector of Mines may approve the carrying out of repairs, modifications or alterations on the dredge.

2340. Dredging operations and maintenance

The manager shall ensure that —

(a) the hull of a dredge is maintained in a sound and watertight condition;

(b) buoyancy compartments and ballast compartments are maintained so as to ensure the stability of the dredge;

(c) freeboard is maintained to suit the prevailing operating conditions;

(d) suitable means are provided to prevent persons from falling overboard;

(e) warning systems or devices are provided to warn that machinery is about to be started;

(f) automatic electrical or mechanical devices are provided that immediately stop any apparatus from breaking out or raising material from the working face in the event of an overload which might affect the stability of the dredge;

(g) devices are provided that indicate variations in the list and the fore and aft trim of the dredge;

(h) the stability and structure of the dredge are maintained when materials, plant, equipment or other loads are transferred to it or removed from it.

(i) sounding probes shall be provided for hourly or regular soundings and the readings recorded in a book ready to be opened for inspection by the Inspector

(j) hatchways and all other deck openings shall be fitted with watertight seals, or safeguarded by coamings not less than 400 millimetres in height unless otherwise approved by the Chief Inspector.

(k) the man-holes connecting the compartments shall be closed at all times, unless ready for inspection.

(l) every member of the crew shall wear a lifejacket when employed in a boat work or outboat work.

(m) every dredge at the mine which works close to a bank is provided with a gangway not less than 0.75 metres wide and long enough to reach from the dredge to the bank. The gangway shall be provided with a substantial hand rail at each side and secured to the deck of the dredge.

(n) the following safety appliances are provided and maintained in good working order in connection with every dredge used:

(i) a lifebuoy, a light line and a boat hook near the bow of the dredge;

of 261


(ii) a lifebuoy, a light line and a boat hook near the stern of the dredge;

(iii) a boat containing a light line and a boat hook;

(iv) a looped wire line securely fastened around the outside of pontoons about 150 millimetres above the water line at the mine:

(o) where any dredge at the mine is not entirely covered in, the sides of the uncovered portion of the hull are fitted with:

(i) stanchions not more than 2.5 metres apart;

(ii) two substantial hand rails or tightly sprung wires or chains, the lower rail, wire or chain not being more than 250 millimetres above the deck.

The fittings referred to in this sub-regulation may be movable and moved when taking material on board the dredge, but shall be kept in position at all other times.

2341. Life saving appliances

(1) The manager shall ensure that any dredge used is equipped with such life saving equipment as is necessary to preserve the lives and effect the rescue of persons who may fall overboard.

(2) The manager shall ensure that all life saving equipment referred to in subregulation (1) is —

(a) adequate in number

(b) kept in a conspicuous place that is easily accessible; and

(c) immediately repaired or replaced when it is damaged or lost.

(3) No person is allowed to interfere with any life saving equipment provided on a dredge except —

(a) for the purpose of saving lives;

(b) in the course of the conduct of a training exercise approved by the manager; or

(c) as otherwise authorised by the manager.

2342. Maximum number of persons permitted on a dredge

The maximum number of persons that may be carried at any time on a dredge, shall be approved by the Chief Inspector, after consideration of the number and capacity of life saving appliances and notice thereof shall be kept posted on the dredge.

of 261


2343. Testing and recording of test required on a dredge

The following tests shall be made each day by a competent person appointed by the manager and the result of such test shall forthwith be recorded in a book to be kept on the dredge.

(1) sounding of hull compartments, freeboard at the bow and stern both port and starboard, and in respect of bucket dredges, the dredging depth or angle of ladder unless the dredging depth is recorded automatically, and

(2) test of the automatic alarm bell provided in compliance with directives issued by the Chief Inspector

The record book shall be available at all reasonable times for examination by the Chief Inspector.

2344. Head lines, side lines and mooring lines

(1) The manager shall ensure that, if necessary, warning notices are posted in conspicuous places to warn persons of danger from head lines, side lines, mooring lines and other drive lines.

(2) The manager shall ensure that each anchor for a head line, side line, mooring lines and other drive lines is of adequate strength.

2345. Illumination of dredges

(1) The manager shall ensure that each workplace used in a dredging operation is adequately illuminated at night.

(2) No person is allowed to enter an unilluminated part of a dredging operation at night unless the person or another person accompanying that person carries a light adequate to ensure the person’s safety.

of 261


Subdivision 2.4 Underground Mining

Mine design and mine entries

2401. Design of underground mine

(1) The manager of a mine shall prepare and implement a mine design that:

(a) is based on sound geotechnical engineering practices;

(b) considers, so far as is reasonably practicable, the health and safety of workers; with the objective to reduce risks created by dust, blasting fumes, temperature, gases, and other risks specific to underground mines;

(c) is prepared under the direction of a qualified person;

(d) consists of drawings, plans, specifications and procedures to be used in the construction and operation of the mine;

(e) takes into account the geology of the mine;

(f) assesses the ground stability of the active and proposed workings of the mine;

(g) takes into account previous occurrences of ground instability;

(h) outlines the location and geometry of existing and proposed excavations;

(i) includes blasting design for development and production workings;

(j) outlines the methods to be used for mine water drainage;

(k) includes a ground stability monitoring program;

(l) includes a ventilation plan;

(m) ensures that each person working underground can reach a refuge bay, a fresh air base or the surface within 30 minutes walking distance from any place in the mine at any time

(n) takes into account other aspects which are important for a safe mine design

(2) The manager of a mine must ensure that a mine design is assessed and updated under the direction of a qualified mining engineer:

(a) annually; and

(b) before any alteration is made to the mine that might significantly affect the ground stability.

of 261


2402. Two outlets from mine to surface necessary

Subject to regulations 2403 and 2404, the Manager shall not employ a person in any underground mine that does not provide

(a) two shafts, adits, tunnels or outlets that

(i) afford communication with every vein, lode, reef, ore body or mineral deposit at any time being worked and a separate means of ingress to an egress from the mine; and

(ii) are not at any point less than ten metres distant from each other; and

(b) a cage or conveyance approved by an Inspector operating in guides established and maintained at every vertical shaft mentioned in regulation 2402 (a) where the shaft has a depth exceeding ten metres; and

(c) in the case of any shaft, adit, tunnel or outlet to the surface not exceeding ten metres in depth and at an inclination of more than 20 degrees to the horizontal and not being provided with a cage or conveyance mentioned in regulation 2402 (b) a ladder or stairway shall be provided and maintained in the prescribed manner.

(d) separate means of ingress and egress shall be provided for any chamber below ground containing machinery, transformers, electrical switchgear or where batteries are charged.

2403. Exemption regarding outlets of underground mines

Regulation 2402 shall not apply to

(a) a newly opened mine so far as it relates to the employment of not more than thirty persons underground at any one time for the purpose of

(i) making a communication between two or more shafts, adits, tunnels or outlets in any new developing mine; or

(ii) the interruption of ingress or egress or of communication within the mine workings as a result of an accident or dangerous occurrence.

(b) The Chief Inspector may by order in writing, and on such conditions as are specified in the order, exempt a mine which was operating before the commencement of these Regulations from the provisions of regulation 2402.

2404. Removal of pillars requires approval by Chief Inspector of Mines

(1) No pillar shall be removed if such removal will cause complete interruption of the communications in the workings between two or more shafts, adits, tunnels or outlets.

of 261


(2) Pillars required for the support of and between shafts, adits, tunnels or outlets shall not be removed so as to cause any interruption in the case of such shafts, adits, tunnels or outlets provided that when a mine is out to be closed and abandoned the Chief Inspector may approve the removal of pillars under such conditions as he deems to be necessary.

2405. Two independent outlets from the mine to surface required

(1) Notwithstanding the provisions under regulation 2402 of these Regulations, every mine shall have at least two shafts or outlets to the surface and shall have a communication of not less than one metre wide and two metres high so that, such shafts or outlets shall afford separate means of ingress or egress available to all persons in such mine. Provided it shall not be necessary for such shafts or outlets to be situated on the same mine.

(2) Such shafts or outlets must not lead to the surface in the same shaft shed, and must not at any point be nearer to one another than ten metres.

2406. Responsibility for maintenance of outlets of different mines

In any case in which two outlets or part of them do not belong to the same mine, the Managers of the respective mines shall be responsible for the outlet or part of it in their respective mines being kept in proper repair, and should any obstruction arise in any such outlet or anything occur in such mine to jeopardise the safety of the outlet, that fact shall be immediately reported to the Manager or Managers of the other mine or mines. Should either of the two outlets or part of them be situated in an abandoned mine or mines, the Manager or Managers of the working mine or mines shall be jointly and severally responsible for the proper maintenance and repair of such outlet or outlets.

2407. Access to underground workings

No person shall enter or leave any underground working except by means of the ingress or egress specially provided or set aside for this purpose unless such person is authorised by the Manager to enter or leave by any other means.

2408. Exemptions regarding provisions for two outlets

Notwithstanding regulations 2405 and 2406 of these Regulations, the foregoing provisions with respect to two shafts or outlets shall also not apply -

(1) to any mine in which one of the shafts or outlets has temporarily become unavailable to the persons employed in the mine as long as every effort is being made by the Manager to repair the damage and he has informed the Chief Inspector;

of 261


(2) to any mine in which not more than ten persons are at any one time employed underground in, or in any working connected with, any shaft or outlet which is not connected with any shaft or outlet;

(3) to any mine in which more than ten but not more than thirty persons are at any one time employed underground in, or in any working connected with any shaft or outlet, if such mine is exempted in writing by the Chief Inspector; and

(4) to any mine whether prospecting or producing, so, however, that no working shall be extended beyond one hundred and eight-five metres from the last through connection unless exempted in writing by the Chief Inspector under such conditions as he may impose.

2409. Shaft landings

Shaft landings must be provided with the following:

(1) two stopping barriers capable of stopping a runaway locomotive from entering the shaft;

(2) a lighting system;

(3) a telephone communication to the banksman;

(4) a separate waiting bay for mine workers waiting to be raised to the surface, in case in the respective shaft landing material transportation is carried out.

of 261


Ladderways and travelling-ways

2410. Headgear to be equipped with ladder ways and fenced platforms

Every headgear shall be provided with a properly constructed ladderway up to the top of the frame, and all places on or within the headgear at which persons are regularly required to work shall be provided with fenced platforms. In inclined shafts the ladderway on the headgear shall be erected on the inclined slope leading to the entrance of the shaft, and shall be railed off from the hauling ways.

2411. Ladderways to be provided in all shafts

(1) Ladderways shall be provided in all shafts having an inclination of more than thirty degrees from the horizontal to within such a distance of the bottom as will secure them from damage in blasting, and, in shafts having an inclination of more than forty degrees from the horizontal from the end of such ladderway chains or chain ladders shall be extended to the bottom of the shaft:

Provided that, under special circumstances, exemptions from the provisions of this sub-regulation may be granted with the written consent of, and under conditions laid down by the Chief Inspector.

(2) All vertical and steeply inclined workings in use shall be connected with the levels by means of proper ladderway separated from the rock passes. Provided that this sub-regulation shall not apply to under-hand stopes which are so worked that the face of the stope does not exceed an angle of forty degrees from the horizontal;

(3) In underhand stopes in which the angle of the face of the stope exceeds forty degrees from the horizontal, chains or chain ladders shall be provided for use of persons employed on the face of the stopes.

(4) Ladderways shall be kept accessible at all times, provided that during shaft repairs and other maintenance works they may be covered but not locked up.

2412. Platforms to be provided in ladderways

(1) In main travelling ways exceeding twenty metres in depth and having inclination of more than seventy degrees from horizontal, resting places (platforms) shall be provided at distances apart of not more that ten metres.

The ladders shall not be erected at a greater inclination than eighty degrees from the horizontal, and shall be so placed as to cover the manholes of the rest places.

(2) Under exceptional circumstances ladders may, with the written consent of the Inspector, be fixed vertically.

of 261


(3) All ladders used in mines shall be constructed sufficiently strong and be securely fastened to the timbering or sides of the shaft or working, and maintained in proper repair.

(4) the spaces between the rungs of each ladder at the mine do not exceed 30.5 centimetres.

(5) the rungs of each ladder fixed in the mine are:

(i) not less than 12.5 centimetres distant from the wall against which the ladder is placed; and,

(ii) kept clear of everything which might interfere with the foothold.

(6) The fixing of ladders in travelling ways in an overhanging positions is prohibited.

(7) The ladders shall project at least one metre above the entrance of the shaft, winze, raise or other excavation and above every landing place in which it is installed except strong hand rails are fixed at such entrance or landing place.

2413. Travelling ways in steeply inclined shafts to be bratticed off

In vertical or steeply inclined shafts or winzes the compartment used as a foot travelling way shall be securely bratticed off to the satisfaction of the Inspector from the other compartments. In all other shafts or winzes the foot travelling way or ways shall be adequately railed off so as to prevent any person inadvertently entering the winding compartment.

In existing shafts or winzes exemption from this sub-regulation may be granted by the Chief Inspector for such period of time and under such conditions as he may specify.

2414. Special travelling ways to be used

Only such travelling way or ways shall be used in ascending or descending as are specifically set apart for the purpose. Provided that this regulation shall not apply to any person lawfully engaged in making an inspection or effecting repairs.

2415. Carrying of tools or loose materials on ladder-ways prohibited

(1) No person shall carry or cause another to carry any drill, tool or any loose material in any ladderway which may interfere with his safe passage except so far as may be necessary in executing repairs.

(2) Any person carrying an object in the ladder way shall ensure that such object is carried in such a manner that it cannot be reasonably expected to drop down the ladderway.

of 261


2416. Winding compartments, provision against crossing

At every shaft station where it is necessary for workmen to pass from one side of the shaft to the other, provision shall be made for them to do so without entering or crossing a winding compartment, and such passage shall be securely fenced off from moving parts of machinery.

2417. When crossing permitted

No person shall enter or cross a winding compartment of a shaft or of a headgear, except for the purpose of entering, leaving or having access to the cage, skip or other conveyance or for the purpose of conducting an examination, effecting repairs or doing other necessary work in such compartment.

2418. Protection for sinkers and Travelling in Sinking Shafts

(1) No person shall be allowed to work at the bottom of a shaft in the course of sinking unless protected by an adequate cover extending over the whole area of the shaft except that adequate space be left therein for the ladderway and for the passage of any sinking cage, skip, bucket or other means of conveyance.

(2) The cover shall be situated at least 1.5 metres below the lowest bin pass or where there are no bins below the lowest level; such covers shall be situated not more than 25 metres from the bottom of the shaft in vertical and steeply inclined shafts and not more than 30 metres from the bottom of the shafts in other shafts provided that where substantial covers have been erected below the lowest bin pass or level it shall be lawful to erect below these covers temporary covers within the maximum distances from the bottom of the shaft as stated above.

(3) Except in a safety-cage or as otherwise permitted by these regulations, The manager shall ensure that no person ascends or descends in a shaft or winze which has an inclination of 35° or more from the horizontal and which does not have a ladder way, except for the purpose of making repairs or in a case of pressing necessity.

(4) Subject to sub-regulation (4), persons employed in sinking any shafts at a mine may ascend from, or descend into, the shaft for a distance not exceeding 61 metres by means of the bucket used for hoisting material from the shaft.

(5) Where material is hoisted direct to the surface persons may, with the written consent of an inspector and on such conditions as specified by the inspector, so ascend or descend for any greater distance if a "monkey" or other approved safety device is used on the bucket.

of 261


Underground haulage

2419. Refuge holes and minimum clearance from locomotive transport

The Manager shall ensure that at any place underground in which any locomotive pulling or pushing a train of vehicles operate, the following conditions shall apply:

(a) there shall be horizontal clearance of at least sixty centimetres between the widest part of any vehicle of such train and the side of such place or refuge holes shall be provided at intervals not exceeding thirty metres. This clearance shall be free from loose material and broken rock; and

(b) adequate clearance shall be provided for the safety of any person riding in or on any such vehicles.

2420. Refuge holes and minimum clearance from trackless transport

(1) The Manager shall ensure that no self-propelled trackless vehicle is permitted to move underground in any place unless adequate clearance is provided for the safety of the driver of such vehicle and there are suitable refuge holes provided to afford protection for any person who may have to pass along such place whilst the vehicle is in motion therein.

(2) The clearance referred to in sub-regulation (1) of this regulation shall be sufficient in width and height for the passage of the vehicle and the driver when he is operating it, and such clearance shall be free from any broken rock or loose material.

(3) The intervals between the refuge holes referred to in sub-regulation (1) of this regulation shall be such that they afford maximum protection for any person who may have to pass along such place whilst the vehicle is in motion therein.

(4) Where refuge holes are required to be provided in any length of any ramp or road they shall be placed on one and the same side, and in any curve so far as is practicable on the outside of the curve.

2421. Underground mine roads

Underground mine roads must be designed and built in such a way that:

(a) the gradient and radius of any part of a road on a mine shall be such that vehicles can negotiate the road safely;

(b) where persons are permitted to work or travel on roads used by vehicles and mobile equipment which may endanger the safety of such persons, refuge bays of appropriate dimensions are provided at intervals not exceeding thirty metres for them to take shelter;

(c) any road is, where appropriate, provided with -

of 261


(i) passing places, the whole of which shall be visible from both ends, or

(ii) adequate means of regulating the movement of vehicles.

(d) such signs as may be necessary to control the speed and movement of vehicles making use of the roads are erected at suitable places.

2422. Refuge holes

(1) The minimum dimensions of the refuge holes shall be as follows:

(a) in width, one metre;

(b) in depth, two metres; and

(c) in height two metres.

(2) Every refuge hole shall be clearly marked, kept clean and free from any obstruction.

2423. Movement of persons prohibited if no refuge holes and minimum clearance

Where the provisions of regulations 2419 and 2420 of these Regulations cannot apply there shall not be any movement of persons on foot whilst a vehicle is travelling therein.

2424. Isolation of trolley lines where trackless vehicles

(1) No self-propelled trackless vehicle shall run in any place underground or at any place on the surface unless precautions are taken to ensure that any live trolley line conductor is isolated during the period in which such vehicle may have to pass or travel thereunder or adequate precautions are taken to ensure that such conductor is suitably protected so that no person normally seated in the accommodation required to be provided in accordance to regulation 2442 of these Regulations and no part of the vehicle can come into contact with the conductor.

(2) Any person carrying any materials or tools when travelling in any vehicle or when walking under any live trolley line conductor shall take all reasonable precautions to ensure that such materials or tools cannot inadvertently come into contact with such conductor.

2425. Trackless vehicles provisions

(1) Every self-propelled trackless vehicle shall be provided with -

(a) (i) an efficient braking system having two means of operation one of which can be applied by direct mechanical action; or

of 261


(ii) two efficient braking systems each having a separate means of operation and so constructed that a failure on the part of the one shall not affect the effectiveness of the other; the same brake shoes operating within or upon the braking surface of the vehicle may be used when operating either of the two braking systems;

(b) means of giving adequate audible warning;

(c) a safe operating position for the driver;

(d) adequate lighting as follows:

(i) in the case of a vehicle which travels regularly in a forward direction, two white headlights affixed to the front capable of illuminating the way ahead for a distance of at least sixty metres and a suitable reflector and red light affixed to the rear in such manner as to be visible directly from the rear; or

(ii) in the case of a vehicle which may travel regularly in either direction, two white headlights are fixed to the front and two to the rear of the unit, each set capable of illuminating the way ahead for at least sixty metres, and a suitable reflector and red light affixed to the front and rear in such manner as to be clearly visible.

(2) The outlet of exhaust gases shall be arranged in such way that exhaust gases do not endanger persons and that no dust is raised.

(3) Tyres used on trackless vehicles shall be in good working conditions.

(4) Every self-propelled trackless vehicle shall have a record book where tests and examinations shall be recorded.

(5) Refuelling is only allowed if the engine is shut off.

(6) Trackless vehicles shall be parked as follows:

(i) The vehicle shall be parked on level ground.

(ii) All controls shall be in the neutral or parking position.

(iii) The parking brake shall be engaged and chocks placed under the wheels, where required.

(iv) The master switch key shall be removed and stored in a safe place.

(7) A trackless vehicle is not allowed to pass any person unless that person is in a refuge hole or a safe area similar to a refuge hole. Otherwise the trackless vehicle must wait with the engaged parking brake until the person has passed the vehicle.

of 261


2426. Provisions for scoops

(1) Loading operation in a stope or a drive where the scoop operates under roof without any support shall be by means of remote controlled scoops.

(2) Dumping into chutes and passes is only allowed if stop-blocks are provided.

(3) Before working in the articulation area the frame pin must be in place.

(4) A loaded scoop may travel only with the bucket in the tramming position.

(5) When parking, the bucket must be lowered.

2427. Provisions for drill jumbos

Before driving the jumbo into drilling position, the operators must ensure that the ground is stable.

2428. Provisions for underground mine trucks

Dumping into chutes and passes is only allowed if stop-blocks are provided.

2429. Locomotive provisions

Every locomotive shall be provided with -

(a) an efficient braking system having two means of operation one of which can be applied by direct mechanical action;

(b) means of giving adequate audible warning;

(c) a safe operating position for the driver; and

(d) adequate lighting which shall be used when any such locomotive is operating underground or when it is operating on the surface between the hours of sunset and sunrise as prescribed hereunder:

(i) when pulling a train of vehicles a white light capable of illuminating the way ahead for a distance of at least sixty metres shall be affixed to the front of the locomotive and a red light affixed to the last vehicle in such manner as to be clearly visible from the rear;

(ii) when pushing a train of vehicles a white light capable of illuminating the way ahead for a distance of at least sixty metres shall be affixed to the front of the leading vehicle of the train and a red light shall be affixed to the locomotive in such manner as to be clearly visible from the rear;

(iii) when moving without a train of vehicles a white light capable of illuminating the way ahead for a distance of at least sixty metres shall be affixed to the leading end of the locomotive and

of 261


a red light shall be affixed to the other end of the locomotive in such manner as to be clearly visible from the rear;

2430. Duties of driver

(1) It shall be the duty of the driver in charge of any trackless self-propelled vehicle or locomotive to ensure that -

(a) the brakes are in good working order;

(b) the warning signals and lights are in good working order and in the event of them not being in good working order or not being affixed he shall not move such vehicle except to the nearest place where repairs can be effected; and

(c) such vehicle is not moved when the brakes are not in good working order:

Provided that where only one of the braking system specified in sections 2425 or 2429 is out of order, the driver may move such vehicle to the nearest place where repairs can be effected to the defective system, but where both such systems are defective then such vehicle may only be towed to the workshop by another vehicle connected to the defective unit by means of a rigid towing bar.

(2) It shall be the duty of the driver in charge of any trackless self-propelled vehicle or locomotive to ensure that he

(a) does not exceed a speed that is reasonable and safe; and

(b) operates the vehicle in a safe manner.

2431. Fire extinguishers

(1) Every self-propelled vehicle including motor cars used in underground mines shall be equipped with a portable fire extinguisher which shall be readily accessible to the driver when the vehicle is in use. It shall be the duty of the driver of any self-propelled vehicle to ensure that the portable extinguisher is affixed to the vehicle and if not so affixed, he shall forthwith notify his immediate superior.

(2) Every self-propelled vehicle including motor cars used in underground mines, in addition to a portable fire extinguisher, shall be equipped with a fixed fire extinguishing system which is activated automatically or by pushing a button and which is capable of extinguishing a fire at any inflammable part of the vehicle.

2432. Speed limit, speed indicator and operating hour meter

(1) The maximum allowed speed for underground vehicles is 35 km/h.

of 261


(2) Where the speed of any self-propelled vehicle may be limited for any reason an operative speed indicator shall be provided, maintained and used unless the speed of such vehicle is governed mechanically in such manner that the limited speed cannot be exceeded.

(3) Every self-propelled vehicle shall be equipped with an operating hour meter.

2433. Vehicle not to be left unattended

(1) The driver of any self-propelled vehicle shall not leave his vehicle unattended other than at a place where it is normally kept when not in use unless the controls are placed in the park position and the parking brake, if provided, is engaged. Additionally, the wheels or tracks shall be blocked.

(2) The driver of any self-propelled diesel vehicle shall not keep the engine running when the unit is stationary except -

(a) during brief halts or when necessary for normal operation;

(b) while the engine is being tested.

2434. Unobstructed view for driver or guidance by authorised person

(1) The Manager shall take all reasonable measures to ensure that every vehicle in use has a reasonably unobstructed view in the direction of travel or he shall make arrangements to ensure that when this is not so the driver is guided by suitable signals given only by persons authorised to do so.

(2) No driver shall move his vehicle when his view is obstructed unless or until he receives a suitable signal as required in accordance with sub-regulation (1) of this regulation.

(3) No person authorised in accordance with sub-regulation (1) of this regulation shall give any signal until he has satisfied himself that it is safe for the vehicle to move.

2435. Underground vehicles and accessories to be built of non-flammable materials

Every vehicle and each of its accessories shall so far as is practicable be of non-flammable material so as to minimise the risk of fire.

2436. Regular technical inspection of underground vehicles

(1) The Manager shall ensure that there is in force a scheme for the systematic inspection, examination and testing of all self-propelled vehicles in use. At least once per year, a thorough examination of any vehicle must be carried out. This examination must be documented in the record book of the respective vehicle.

of 261


(2) The self-propelled vehicles required to be inspected in accordance with sub-section (1) of this section are those -

(a) owned by the mine;

(b) not owned by the mine but operated by the mine; and

(c) not owned by the mine but operated by a contractor.

(3) The inspections, examinations and tests referred to in this section shall be such as to ensure that the external parts of the engine or motor, the condition and operations of all controls, safety devices and signal arrangements are in all respects in proper working order.

2437. Underground workshops for vehicles

Every self-propelled vehicle which is required to be examined in accordance with regulation 2436 shall be so examined in a suitable workshop which shall -

(a) be constructed of non flammable material;

(b) be provided with not less than two means of egress;

(c) be ventilated by a current of air sufficient to dilute and render harmless the exhaust gases emitted while the engine is being run therein;

(d) have a concrete floor;

(e) be equipped with suitable means for inspecting the vehicle from below;

(f) be kept provided with suitable equipment located in suitable locations for extinguishing fires;

(g) be equipped with suitable lighting for use when persons are working therein and the bulbs or tubes therein used shall be adequately protected;

(h) have fire doors according to regulation 2470.

2438. Only diesel engines permitted underground

No internal combustion engine other than a diesel engine shall be used underground.

2439. Diesel engine requirements

(1) The Manager shall ensure that every self-propelled diesel unit underground shall be so constructed and maintained that -

(a) air entering the engine is cleaned;

(b) exhaust gases are cooled and diluted;

(c) emission of flames and sparks is prevented;

(d) leakage of oil is avoided.

(2) The Manager shall ensure that exhaust gases of diesel engines do not exceed:

of 261


(a) 500 ppm CO;

(b) 750 ppm NOx;

(c) 75 ppm NO2;

(3) The ventilation requirement for each section where diesel engines are operated is an air flow of not less than 3.6 m³/min per installed kW.

2440. Rules of discipline to be observed regarding vehicles

No person shall -

(a) wilfully damage or interfere with or order any other person to damage or interfere with any vehicle thereof;

(b) neglect to inspect or maintain any vehicle which he is required to inspect or maintain under the provisions of these Regulations;

(c) get on or off any vehicle whilst it is in motion except those persons directly engaged in shunting operations on the surface;

(d) ride in or on any vehicle unless authorised to do so and then only in such position as not to endanger himself or any other person;

(e) drive or operate any vehicle unless he is competent to do so and has been so authorised in writing;

(f) negligently or wilfully drive or operate or cause to be driven or operated any vehicle in such manner as to endanger the safety of the mine or the safety or health of any person.

2441. Haulage in inclines

(1) On every inclined track where trucks or cars are attached to a rope or chain adequate safety devices shall be provided to prevent danger from such trucks or cars in the event of their runaway.

(2) Where the traction is operated by gravity and the inclined plane exceed fifty metres in length, some efficient means of communicating distinct signals from any where on the inclined plane and the stopping places connected therewith shall be provided.

2442. Riding on vehicles

No person shall ride in or on any vehicle unless suitable and adequate accommodation has been provided for this purpose.

2443. Signalling for traction other than a locomotive

Where traction is operated by a machinery other than a locomotive, a signalling apparatus shall be provided by which distinct signals can be given to the engine driver from any where along the haulage way.

of 261


2444. Material exceeding length of truck

(1) No truck containing timber or other material exceeding in length the length of the truck shall be coupled next to the locomotive or to any truck in which any person is being conveyed.

(2) Trucks containing such timber or other material when being transported by a locomotive shall not be pushed but pulled.

2445. Arrangement of control levers

Control levers of storage battery and trolley locomotives shall be so arranged that the lever cannot accidentally be removed when power is on.

2446. Defective and non-maintained vehicles not to be used

No self-propelled vehicle shall be used if -

(a) it has any defect liable to affect its safe running;

(b) it is not maintained in proper working order or replenished with all necessary and consumable stores.

2447. Storage of fuel oil in locked enclosure

No fuel oil shall be stored below ground other than in a locked enclosure.

2448. Filling stations underground

(1) The Manager shall ensure that every filling station underground:

(a) is built according to an approved construction;

(b) is operated according to safe work procedures established by the manager and approved by the Chief Inspector of Mines;

(c) is constructed of non-flammable material;

(d) is provided with not less than 2 means of egress;

(e) is ventilated by a current of air sufficient to dilute and render harmless all gases emitted during filling operations;

(f) has a concrete floor; and

(e) is provided with a fire extinguishing system and portable fire extinguishers

(2) No fuel oil shall at any time be stored underground in any filling station unless it is stored in a suitable container or tank. Leaking tanks are not allowed to be used.

(3) Where any oil is spilt in any place it shall be cleaned up by dry sand or cleaned forthwith by suitable means, and if in the process of cleaning such oil any material is contaminated, such material shall be placed in suitable containers and removed from the mine.

of 261


(4) Any oil spillage on any diesel engine or diesel unit shall forthwith be cleaned.

(5) No person underground shall take any fuel oil from a container at any filling Station while any diesel engine is running at the place.

(6) No person shall smoke or use any naked light in a filling station or oil storage compartment and suitable notices to this effect shall be posted and maintained at all entrances.

(7) Every filling station underground shall be equipped with suitable electric lighting and the bulbs or tubes used therein shall be adequately protected.

(8) Any container or tank used for transporting fuel oil underground shall be of suitable construction, leak proof and provided with positive locking device.

(9) No fuel oil shall be delivered underground through a pipe in any downcast shaft or be transported underground in any intake airway, except where such means of delivery or transportation do not constitute a hazard. The Chief Inspector of Mines subject to such conditions as he may impose, may give approval for such means of delivery or transportation.

Provided that underground oil may be transferred in such a pipe from an underground container to an oil storage compartment, from an oil storage compartment to a filling station and from an oil filling station to a trackless vehicle, if the length of any such pipe does not exceed 30 metres.

(10) The fuel used underground must be according to the following specifications:

(a) At any underground mine diesel fuel oil used for diesel engines shall have a flash point not less than 60°C and have a sulphur content not greater than 0,5% by weight.

(b) Except with the written permission of the Chief Inspector, fuel oil shall not contain any additive.

(11) The suitable container or tank mentioned in sub-regulation (8) shall be kept in or adjacent to the filling Station in an enclosed storage compartment which-:

(a) if any point within such compartment is in excess of 10 metres from the entrance, shall be provided with 2 means of egress;

(b) shall be constructed of non-flammable materials;

(c) shall be situated in a well ventilated place, the return air of which shall be satisfactorily diluted; and

(d) shall have walls so constructed as to form a liquid-tight joint with the floor and no openings through the walls shall be at a height less than that necessary to form a reservoir of greater capacity than the maximum volume of diesel fuel contained therein;

of 261


Provided that, where such Container or tank is buried in concrete, or material having no cavities, within or adjacent to the filling station, it shall be provided with a breather pipe loading from the top of such tank or Container to a through airway

(12) Every fuel oil storage compartment shall be provided with suitable means for extinguishing fires and this equipment, being part or all of the equipment as required by these Regulations, shall be positioned immediately adjacent to the air inlet end of such enclosed storage compartment.

(13) The fire extinguishing mechanisms should trigger automatically on account of fire or smoke and be capable of foaming completely the storage tank or the filling Station within seconds of fire or smoke.

(14) In addition to subregulation (13) of this regulation manually operated fire extinguishers shall be provided.

(15) No transfer or filling operation of any fuel oil shall take place within 3 metres of any live trolley line conductor.

of 261


Underground general

2449. Securing of workings with unsafe ground conditions

(1) Where the natural strata are not safe, every working or pumping shaft, and every travelling way, airway or working place shall be securely supported, filled, walled up or otherwise made secure and kept in safe condition as long as it is in actual use, and no person unless appointed for the purpose of inspecting or repairing, shall travel or work in any such shaft or underground working until it is made secure.

(2) In addition to such securing as above, a sufficient reserve of the suitable ground support material shall be provided conveniently for supporting the excavations.

(3) Ground known to be dangerous must not be left unattended until such time as it is properly secured, made safe or fenced off.

2450. Reporting danger and books for complaint

(1) Should any person have any reason to believe that any part of the mine in which he is working or through which he has to travel to get to his work place, is in a dangerous condition he shall at once inform the Mine Captain or Shiftboss who shall immediately take steps to remove the danger.

(2) A book shall be kept at the mine office in which any person may enter any complaint with regard to the safe working of the mine which they should record. Such book shall be available any time for inspection by an Inspector.

2451. Safety pillars between adjoining properties and their removal

(1) On the inside of the boundary lines of every mine safety pillars shall be left standing no less than ten metres in width measured at right angles from the boundary line.

(2) On the joint application of the owners of the adjoining mines, the Chief Inspector may give permission to either party to weaken, cut through or work their respective pillars between such mines under such conditions as he may prescribe in writing.

In the absence of such joint application, the Chief Inspector shall have power to give written permission for the partial working, weakening or cutting through of such pillars under such conditions as he may prescribe in writing.

of 261


2452. Material Used for Underground backfill

(1) Tailings used for filling of worked out areas underground, and the liquids draining therefrom, shall not contain a higher cyanide content than the limit values established by the Environmental Protection Agency.

(2) The Manager shall ensure that no debris, refuse or other similar material which is likely to be detrimental to the health of persons working in the mine is, for the purpose of filling up excavation or for any other purpose, sent down the mine.

2453. Stagnant water to be drained off

(1) Stagnant water shall not be allowed to remain on the floors of levels which are in use but shall be drained off.

(2) Where any accumulation of stagnant water is being drained from a winze, the Manager shall ensure that every practicable precaution is taken to prevent the pollution of the mine atmosphere by noxious gases given off by the water.

of 261


Ventilation and dust prevention

2454. Quality of underground mine air

(1) The Manager shall ensure that adequate ventilation is supplied to places where persons are travelling or working underground.

(2) The ventilation shall be deemed to be adequate if it -

(a) ensures that the amount of oxygen in the general body of the air is not less than nineteen per cent by volume;

(b) ensures that the amount of carbon dioxide, carbon monoxide, nitrous fumes, sulphur dioxide and hydrogen sulphide in the general body of the air do not exceed the quantities set out as follows:

(i) Carbon dioxide........................0.5% by volume or 5000ppm

(ii) Carbon monoxide.....................0.005% by volume or 50ppm

(iii) Sulphur dioxide.........................0.0005% by volume or 5ppm

(iv) Hydrogen sulphide…………….0.001 % by volume or 10ppm

(v) Nitrogen dioxide.......................0.0003% by volume or 3ppm

(vi) Nitric oxide..............................0.0025% by volume or 25ppm.

(vii) Methane……………………..1% by volume or 10,000ppm

(c) dilutes or removes any other toxic gas or fume so that the amount of such gas or fume in the general body of the air conforms to the requirements prescribed, from time to time by the Chief Inspector;

(d) dilutes or removes any harmful dust so that the amount of such dust in the general body of the air conforms to the requirement prescribed from time to time by the Chief Inspector;

(e) maintains working conditions free from dangerous temperatures and high relative humidity in the general body of the air; and

(f) provide any diesel unit with not less than 0.06 cubic metres of air per second per kilowatt of the diesel unit for the purpose of diluting or removing any toxic gas or fume in the general body of the air at places where such diesel units operate.

(g) the quantity of pure air circulating around working places and stopes in the mine is not less than 2.75 cubic metres per minute for each person underground.

(3) The speed of mine air shall not be below the following limits:

(a) 0.2 m/s in roadways

(b) 0.1 m/s in large excavations

(4) The maximum speed of mine air in travelling roadways is 6 m/s.

of 261


(5) The quality of mine air must be monitored continuously for CO in main return airways and the data transmitted to a central control room at the surface.

(6) The Chief Inspector of Mines is empowered to issue guidelines on quality of mine air.

2455. Temperatures

(1) The maximum allowed wet bulb temperature at any working place or any travelling way is 32.5°C except.:

(a) in the course of attempting to lower the temperature (as authorised by a manager or the person’s supervisor);

(b) in the course of undertaking emergency response training; or,

(c) during an emergency.

(2) Longer breaks and a reduced working time have to be provided for if wet bulb temperatures is above 27°C.

2456. Persons not allowed to stay in foul air

(1) No person shall enter, travel, work or remain or cause or permit any other person to enter, travel, work or remain in any place where it is known that the requirements of section 2454 of these Regulations are not being complied with and where any such person is likely to be exposed to conditions arising from excessive amounts of toxic gas or fume, dust or excessive temperatures.

(2) Only equipped teams of the mine rescue brigade are allowed to enter areas of foul air.

2457. Duty of manager to establish acceptable mine air quality

Where for any reason the ventilation required by regulation 2454 of these Regulations ceases to be adequate, the Manager shall ensure -

(a) that all necessary steps are taken to ensure the safety and health of any person who may be endangered by such condition; and

(b) that adequate ventilation is restored as soon as possible.

2458. Respirator and dust mask to be provided

(1) An effective respirator shall be provided to and used by persons likely to be exposed to excessive amounts of fumes or dust, and shall be used by such person working under such conditions.

(2) Dust masks shall be provided to and used by personnel working in areas where the dust content of mine air is likely to exceed:

of 261


(a) 3 mg/m³ of alveolar dust

(b) 10 mg/m³ of any dust

2459. Power of Chief Inspector to prescribe minimum mine air quality

The Chief Inspector of Mines may, by notice in the gazette prescribe the following:

(a) any gas or fume which he may deem to be toxic (other than those already prescribed under sub-regulation (2) (b) of regulation 2454), and the maximum permissible amount of such gas or fume content in the general body of the air; and

(b) the maximum permissible amount of any dust content in the general body of the air.

2460. Obligation of workmen to inform manager and duty of manager

(1) Where any person becomes aware of the fact that any other person is unknowingly exposed to conditions arising from excessive amounts of toxic gas or fumes, dust or harmful temperatures, such person shall take such steps as shall be necessary to remove such other person from such exposure.

(2) The Manager shall be informed without delay of the circumstances of such exposure and the Manager shall then take all further steps necessary to ensure the safety and health of all persons who have been or may subsequently be exposed to such conditions and to rectify and prevent any recurrence of such conditions.

2461. Control of underground mine ventilation system

(1) At every underground mine, the Manager shall ensure that at intervals not exceeding three months a competent person shall make determinations of:

(a) the quantity and speed of air circulating;

(b) the temperature of air circulating as indicated by the wet and dry bulb thermometers;

(c) the amount of dust present in the general body of the air as determined by a method approved in writing by the Chief Inspector.

(2) The determinations required in sub-regulation (1) of this regulation shall be made at the following places:

(a) the collar of each downcast shaft;

(b) every main air intake underground;

(c) each main intake to every working section;

(d) each intake and face at every working place; and

(e) at or adjacent to every rock tipping and rock loading point.

of 261


2462. Ventilation of adjoining mines

Where any ventilation of the underground workings of a mine is afforded by communication between it and an adjoining mine, the Manager of either mine shall not, without the written consent of an Inspector and mutual agreement between the managers, obstruct or permit an obstruction to the ventilation so afforded so as to reduce the quantity of air circulating.

2463. Regular analysis of mine air samples

The Manager shall ensure that competent persons take samples of the general body of the air where diesel equipment operate or have cause to pass, to find:

(a) the volume of air flowing;

(b) carbon monoxide (CO) and nitrous fumes (NOx) contents of the undiluted exhaust discharge into the underground atmosphere,

(i) at least once a month, and

(ii) immediately following repairs to the engine which may affect the combustion characteristics;

(c) the carbon monoxide (CO), nitrogen oxide (NO), nitrogen dioxide (NO2) and carbon dioxide (CO2) contents of the atmosphere at the operator’s position,

(i) at least once a month, and

(ii) at the request of the operator;(d) the content of other gases in the atmosphere at the operator’s position

at least once every three months.

2464. Diesel engine log book

(1) The results of the determinations required in regulations 2461 and 2463 of these Regulations, shall be entered in a diesel engine log book and shall be signed by the official in charge of the Ventilation Department of the mine, and the Mine Captain in charge of the section of the mine.

(2) The book shall be examined and countersigned by the Manager or Underground Manager at least once a week, and shall be open for inspection by an Inspector.

(3) A monthly dust and quarterly ventilation reports shall be submitted to the Chief Inspector in such form as he may require.

2465. Diesel engines to be operated only where adequate ventilation

Every diesel unit underground shall be operated in haulage ways or working places where adequate ventilation is maintained.

of 261


2466. Diesel engines to be stopped in event of failure of ventilation

(1) In the event of the failure of the ventilation mentioned in regulation 2465 of these Regulations, the engine of each and every diesel unit in the haulage or working places affected by the failure shall be stopped forthwith.

(2) In the event of the failure of the ventilation as above, no engine of any diesel unit shall be restarted until such time as the ventilation has been restored and the conditions of the air corrected to within the limits specified in regulation 2454 of these Regulations.

2467. Operation of defective diesel engines prohibited

The Manager shall ensure that no self-propelled diesel unit runs underground -

(a) if the exhaust gases of the engine are found not to comply with the requirements of regulation 2439 (2);

(b) if the engine has any defect which may cause the production of other gases harmful to persons .

2468. Ventilation plans and records

Accurate plans and records of a mechanical ventilation system in an underground mine shall be kept and maintained showing:

(a) the location of all ventilation fans;

(b) the volumes of air in cubic metres per second handled by the ventilation fans;

(c) the fan operating gauge pressure;

(d) the quantity and direction of flow of air in the ventilation circuit;

(e) the location of all fire doors; and

(f) the location of all ventilation doors, brattices, stoppings and regulators controlling the airflows.

2469. Ventilation doors provisions

(1) All doors assisting or in any way affecting ventilation shall be so adjusted that they are self closing.

(2) Any person who opens any such door shall ensure that it is closed forthwith.

(3) Every door, stopping, brattice or seal installed to maintain ventilation shall be of adequate strength and shall be properly maintained.

of 261


2470. Fire doors provisions

(1) Fire doors shall be designed and built in such way that they can be closed and opened from both sides.

(2) Fire doors shall be of substantial and fire proof construction, easy to close and air tight.

(3) The following areas shall be provided with fire doors to ensure that the area can be sealed off in case of fire:

(a) each main section of underground mine

(b) workshops of self-propelled vehicles

(c) fuel stations

2471. Auxiliary ventilation provisions

(1) In an underground mine:

(a) subject to clause (b) hereunder, a development or exploration work place shall be ventilated throughout by an auxiliary ventilation system for any advance in excess of ten metres from a mechanical mine ventilation system; and

(b) a continuous and adequate supply of fresh air shall be provided and used to dilute and remove contaminants in:

(i) a production work place

(ii) a raise or winze, and

(iii) a cross-cut for any advance in excess of ten metres from the mechanical mine ventilation system,

to prevent exposure of a worker to contaminants.

(2) The fresh air supply prescribed by sub-regulation (1) (a) of this regulation shall be:

(a) independent of the air coming from any drill or machine used;

(b) controlled only at the beginning of the raise, winze or sub-drift; and

(c) operating when a blast is detonated.

(3) No auxiliary fan shall be installed or operated underground at any place unless the quantity of air reaching it at all times is sufficient to ensure that any recirculation of air shall not prejudice the supply of adequate ventilation.

(4) The maximum distance between end of air duct and face shall not be more than 30 metres.

of 261


2472. Maximum length of auxiliary ventilation

No working place shall be extended to a distance of two hundred metres from the last through ventilation connection except by permission in writing of the Chief Inspector.

(a) The application for such permission shall include the following:

(i) a plan showing the respective section of the mine and the proposed development

(ii) details of the working place as dimensions, technology used, number of men at working place

(iii) details of the ventilation grid in the respective section

(iv) details of blasting operations

(b) The special requirements for granting of such permission shall be as follows:

(i) A competent person not below the rank of blastman must be responsible for the heading.

(ii) The shift boss shall inspect the heading as soon as practicable after entry of each shift. These inspections are to be documented.

(iii) A weekly ventilation survey shall be conducted. All readings shall be recorded.

2473. Underground areas being not part of ventilation system

(1) An underground area that is not part of the underground mine ventilation system shall:

(a) be effectively barricaded to prevent inadvertent entry;

(b) be posted with signs to warn persons that entry is prohibited; and

(c) subject to sub-regulation (3) of this regulation, be examined by a competent person before any other person enters or is permitted to enter the underground area.

(2) The examination described in sub-regulation (1)(c) of this regulation, shall consist of an examination for -

(a) oxygen deficiency in the atmosphere

(b) the presence of a toxic gas, vapour, dust, mist or fume; and

(c) any other dangerous condition.

(3) Before a competent person examines the underground area he shall be provided with a self contained breathing apparatus and instructions in writing setting out:

of 261


(a) the hazard involved;

(b) the use of testing equipment required;

(c) the personal protective devices he is required to wear; and

(d) any other precautions and procedures to be taken for his protection.

2474. Fire extinguishers to be approved by Chief Inspector of Mines

No fire extinguisher which when operated is liable to emit or cause toxic gas or fumes shall be used underground unless it is approved in writing by the Chief Inspector.

2475. Blasting schedule

(1) The Manager shall cause a schedule of specific times to be arranged at which all primary blasting of any part of any mine shall take place and he shall ensure that any blasting in one part shall not expose any person to danger in any other part

(2) There shall be no alteration or amendment to such schedule in less than one hour or more than twenty-four hours before the commencement of the first shift to which such alteration or amendment applies.

(3) In cases of emergency in order to prevent danger to life or property, the Manager may temporarily alter or amend such schedule and he shall ensure that every official and person in charge concerned is notified of such temporary alteration.

(4) The schedule required by sub-regulations (1-3) of this regulation shall be so arranged that no person shall avoidably be exposed to fumes, dust or flying debris originating from the blast, and shall be posted on the surface where they can conveniently be seen before the commencement of the shift by any official and the person in charge.

(5) The blasting of misfired holes or hitches, or any blasting to make a place safe, may be carried out at any time, but only with the express permission of the Shiftboss, or other more senior official, if such Shiftboss or such official is satisfied that no person will be exposed to any danger from such blast.

(6) After blasting has taken place no person shall enter or cause or permit any subordinate to enter any place in which the air may have become vitiated by dust or fumes from such blasting until after the expiry of the re-entry period and a competent person shall first satisfy himself that the vitiated air has been removed and the environment is safe to breathe.

(7) In case of emergency any person may enter such a place before the expiry of the re-entry period if authorised to do so by the Shiftboss in charge of the section, or if equipped with a reliable mask or breathing apparatus.

of 261


(8) If in the opinion of the Inspector, any re-entry period is insufficient for the removal of dust and fumes which might occur, there shall be substituted such longer periods as he may in writing require.

2476. Vitiated air to be replaced after blasting

(1) After blasting has occurred in any place in a mine in which there is no through ventilating current, no person shall enter or cause or permit any person to enter such place until a quantity of fresh air not less than the volume of such place beyond the nearest point at which there is through ventilation, or not less than a quantity prescribed by the Inspector in writing for the particular working place has been supplied to replace the air vitiated by dust or fumes caused by blasting.

(2) No person shall stope or be caused or permitted to stope above any drive or level where there is no through ventilation connection from the stope to the drive or level above except by permission in writing of the Inspector.

2477. Device to sweep the face of development works

(1) No primary blasting shall take place in any development work unless there has been installed a pipe not less than twenty-five millimetres in diameter capable of discharging a mixture of air and water so as to effectively sweep the face of such development end.

(2) Any air and water pipe combination installed in accordance with sub-regulation (1) of this regulation shall be installed at a distance not more than 10 metres from the face and properly maintained.

2478. Obligatory activation of face sweeping device in development works

(1) The holder of a Certificate of Competency to conduct blasting operations shall, before detonating any explosive charge in any development work, turn on the mixture of air and water required to be provided in accordance with sub-regulation (1) of regulation 2477.

(2) The mixture of air and water shall continue to be discharged for a period of not less than thirty minutes.

2479. Control and removal of gas, fumes and dust

Effective means for the control, within the limits as prescribed under regulation 2454, removal or disposal of gas, fume and dust shall be provided and used at -

(a) main tipping station underground;

(b) shaft loading boxes underground;

of 261


(c) the loading and discharging points in any conveyor or system of conveyors;

(d) any vibratory or mechanical rock feeder;

(e) any rock crushing machine, screen or plant; and

(f) any fixed machine used for the high speed milling and grinding of rock, rock drill bits or rock drill steel; and

(g) any sand blasting operation

2480. Dust collectors

Where a filtration unit or plant has been installed for the collection of dust, the Manager shall ensure the safety and health of persons in the vicinity during the clearing of such unit or plant, and during the removal, transport and disposal of any dust collected.

2481. Re-entry period after blasting

No person shall enter, or cause or permit a subordinate to enter, any area where blasting has taken place, until the expiry of the re-entry period and until the blastman has satisfied himself that the air is suitable for breathing.

2482. Excavation through tailings to be ventilated

Any test pit or similar hole mined in excess of five metres through tailings shall be provided with adequate ventilation before any person enters such pit or hole.

2483. Water supply for dust suppression

An adequate supply of water which is clear and odourless shall be provided at a pressure of not less than two hundred kilopascals at every point where it is required for dust prevention.

2484. Removal or suppression of dust

Where dust or other material is likely to cause a hazard by becoming airborne, the dust or other material shall be removed or suppressed with a minimum of delay by:

(a) vacuuming;

(b) wet sweeping;

(c) wet shovelling; or

(d) other suitable means.

2485. Use of wet swab

(1) No person underground shall use or cause or permit to be used any hand drill, moil or similar tool except in sampling or cutting of hitches, unless water is

of 261


applied or a wet swab is used around the drill at the collar of the hole so as to allay dust.

(2) No person shall commence or continue to drill any hole underground or cause or permit such commencement or continuation of drilling unless the floor, roof, sides, other surfaces, and broken rock of the working place, to a distance of at least ten metres from such hole have been thoroughly wetted and kept wet, except where, owing to the nature of the ground such practice might be dangerous.

(3) No person shall, in any underground workings of a mine, move any broken rock or ground liable to give off dust injurious to health, or cause or allow the same to be moved if such rock or ground is in a dusty condition, unless it and the floor, roof, and sides, packs and other surfaces of the working place to a distance of at least ten metres are effectively wetted so as to prevent the escape of dust into the air during removal, except where owing to the nature of the ground such practice might be dangerous.

(4) No person underground shall perform or cause or permit to be performed work of any kind liable to create dust unless and until the floor, roof and sides, packs and other surfaces of the working place to a distance of at least ten metres have been effectively wetted and kept wet unless such working place is naturally sufficiently wet to render the formation of dust impossible, or except where owing to the nature of the work such practice might be dangerous.

2486. Use of compressed air for cleaning underground prohibited

(1) No person underground or within twenty metres of the surface inlet to any airway shall use or be required to use only compressed air for any of the following purposes -

(a) to clean any truck, skip or other conveyance unless the content of such truck, skip or other conveyance are thoroughly wet;

(b) to blow out any drill hole or to blow over any rock surface unless such hole or surface is thoroughly wet:

Provided that a mixture of compressed air and water may be used for such purposes.

(2) No person shall use compressed air for the purpose of cleaning his body or his clothing or the body or clothing of any other person.

2487. Rock drills

In any underground working, no person shall use or cause or permit to be used any percussion rock drill unless:

(1) the drill steel used in the rock drill has an unrestricted axial hole of not less than 4.8 millimetres in diameter through which water may be fed to the bit;

of 261


(2) an adequate supply of water flows through such drill steel; and

(3) the working water pressure at the rock drill is maintained at not less than one hundred kilopascals.

of 261


Lighting

2488. Light to be carried underground

No person shall proceed underground unless he has in his immediate possession an operable lamp of the type approved by the Chief Inspector of Mines and such lamp shall be kept alight and within safe and easy reach at all times.

2489. Permanent lighting at specific places underground

Suitable and sufficient permanent lighting shall be provided and maintained at the following places underground in regular use:

(a) every established station, landing or loading place and other similar place in vertical and inclined shafts, winzes and places where man winding is being carried out;

(b) every main tip at which any self-propelled vehicle operates and every place where any self-propelled vehicle is maintained;

(c) every main substation or every substation;

(d) every main crusher station and every main conveyor drive unit; and

(e) all places where winding, driving, permanent pumping or other machinery is erected shall, while such machinery is in motion be so lighted that the moving part of the same can be clearly distinguished.

2490. Lamp room for underground mines

(1) There shall at the surface of every mine where underground work is carried out a separate room to be used as a lamp room.

(2) The Manager shall ensure that there is appointed a competent person to be in charge of such lamp room.

(3) The Manager shall ensure that there is in such lamp room, a lamp for every person proceeding underground and the competent person shall ensure that every lamp issued is in proper working order.

Subdivision 2.5 Processing Plants

2501. Definitions

For the purpose of this subdivision of these regulations, the terms below are defined as follows:

“Abnormal and emergency conditions”: Abnormal conditions – cyanide leaks,

of 261


deviations from routine tasks or procedures. Emergency conditions – cyanide spillages, human or environmental exposures to cyanide or cyanide reaction products.

“Buddy”: When work is conducted on or in any cyanide equipment or area, at least two fully trained and competent people are required for the task. One person will carry out the work, in full PPE as required, while the second person will remain outside of the hazard or work area. This second person, referred to as the “Helper”, is also fully equipped with the required cyanide PPE and will observe the person carrying out the work at all times while that person is inside the hazard / work area. In the event that the person carrying out the work is exposed to cyanide or cyanide reaction products, the Helper will immediately respond to the emergency situation.

“Cessation”: Arrest, failure, stoppage.

“Competent person”: A person who is qualified by virtue of his or her knowledge, training, skills and experience to organise the work and its performance and is familiar with the provisions of the relevant legislation and the regulations which apply to the work to be performed.

“Confined space”: A space that:

(a) Is large enough and so configured that an employee can physically enter and perform assigned work.

(b) Has limited or restricted means for entry or exit and has little or no natural ventilation, e.g. tanks, sumps, elution columns, cyanide storage vessels / bins, leach vessels, CIP tanks, eluate tanks, etc.

(c) Is not designed for continuous employee occupancy.

“Controlled spillage”: A controlled spillage occurs when an amount of cyanide is spilled, contained and safely disposed of into a designated area.

“Cyanide reaction products”: The by-products produced when cyanide reacts with any other chemical. They include CN-, HCN, WAD and SAD complexes.

“Cyanide”: Refers broadly to any form of cyanide contained either as cyanide in gas phase (HCN(g)), cyanide in liquid phase (free or complexed) and insoluble forms of cyanide. This may include cyanide.

“Cyanide”: Solid or liquid products supplied to metallurgical treatment facilities and existing in this form until point of entry into pulp or solution process streams.

“Detoxification”: Removal of all traces of cyanide from tools and equipment by means of washing, scraping or other physical cleaning and the complexing of cyanide effluents generated during this process.

“District Assembly”: includes Metropolitan and Municipal Assemblies which have elected officials at town and provincial level and who are the representatives for residents other than those listed under local community.

“Driver”: Driver of any cyanide delivery vehicle, who is the supplier’s qualified person.

“Dyspnoea”: Laboured breathing.

“Effluent solution”: Cyanide containing solution with a cyanide concentration higher than that allowed for potable water.

of 261


“Environmental emergency”: An emergency condition that occurs outside the plant boundary.

“Facilitated emergency evacuation”: A set-up or mock exercise aimed at mimicking a true potential emergency, e.g. cyanide spillage, gassing, tailings dam failure, etc.

“Free cyanide“: The sum of HCN(aq) and CN- uncomplexed.

“Gold mine and/or metallurgical treatment Facility”: Facility where processing of gold bearing material occurs and dissolution is obtained through the use of cyanide.

“Hazardous area (off-loading)”:The area or spray risk area in which off-loading takes place between the road and the facility. An area determined by risk assessment (typically 7.5m radius) around the tanker, the tanker off-loading point, along the length of the hose and around the inlet point of the facility, including the pump.

“Hazchem” Hazardous chemical response unit, properly trained and equipped to deal with major chemical spills.

“Local community”: Residents living in mine villages, residents living on or within mine boundaries and residents living close to the potential impact area of cyanide.

“Manager of mine”: A competent person appointed in terms of this regulations, to be responsible for the control, management and direction of a mine.

“Manager of metallurgical treatment facility”: A competent person appointed in terms of this regulations, to assist the manager of a mine to control, manage and direct the operation of a metallurgical Plant:”

“Redundant equipment”: Equipment or material which is defective and can no longer be used as part of the metallurgical process.

“Resident engineer”: A person who is the holder of an appropriate Mechanical or Electrical Engineers Certificate of Competency and appointed in terms of this regulations

“Scrap material”: Equipment or material which is damaged, irreparable or hazardous and has been identified for disposal.

“Spillage”: The accidental discharge of concentrated cyanide, cyanidation slurry or spent cyanide solution from a tanker, vessel or pipeline into any area which is not a storage or process tank or a tailings dam. Discharges into bund areas, spillage sumps and catchment ponds are all considered to be spillages.

“Subcutaneous”: Under the skin.

“Tanker park brake”: A device which applies the tanker park brakes and activates the air padding valve and air discharge valve.

“Telltale hole”: A 6 mm diameter hole drilled into a blank flange bolted onto the open end of the outside of two drain valves fitted in series on the storage tank. A small stream of cyanide will flow in the event that the outside valve (which is padlocked closed) begins to leak through.

“Tripac-Cyano”: Cyanide antidote consisting of:

· Amyl nitrite

· Sodium thiosulphate

· Sodium nitrite

of 261


“Thiocyanates”: Stable decomposition products of cyanide with certain sulphur species.

“Titratible cyanide”: The un-and weakly complexed CN- which reacts with silver nitrate by means of titration i.e. HCN(aq), CN- uncomplexed, all CN complexed with Zn and the fourth CN of Cu(CN)4.

“Total cyanide (aq)”: The sum total of all the cyanide present as dissolved species in liquid phase, including HCN(aq), CN- and all metal cyanide complexes but excluding derivative products CNO- and SCN-.

“Total cyanide (s)”: The sum of all precipitated solid phase cyanide complexes such as CuCN, Fe4[Fe(CN)6], Cu2Fe[Fe(CN)6] etc.

“Uncontrolled spillage”: When people are exposed to, or the environment is contaminated by, cyanide or cyanide products, the spillage is uncontrolled.

“Unique flange”: The customer off-loading coupling flange which is designed so that it is not compatible with the off-loading coupling flange of other reagents.

“WAD cyanide”: Weak acid dissociable cyanide. Includes cyanide liberated at moderate pH of 4.5 such as HCN(aq) and CN-, the majority of ligands from Cu, Cd, Ni, Zn, Ag complexes and others with similar low dissociation constants.

2502. General provisions for processing plants

(1) A processing plant shall be designed and built in such way that persons on the plants are not threatened by falling material, spilled solid or liquid material, hot surfaces and other dangers.

(2) A processing plant, if operated at night time, shall be provided with lighting of the entire place. A back-up generator shall be available to provide power for lighting in case of a power cut.

(3) Areas within the plant installations, where persons could fall from a height of more than 1.5 m, shall be secured with a railing.

(4) Stairs, ramps, bridges and gangways shall be able to support the maximum weight.

(5) Floor grating on stairs, ramps, bridges and gangways shall be so fixed as to make is immovable.

(6) Before the start of any main plant equipment appropriate warning signal shall be conveyed to persons on the plant.

(7) Plant areas, which may be entered only by authorised personnel, shall be locked. These areas shall be indicated by warning signs.

2503. Crushing, screening and mechanical processing plants

(1) Plants shall be provided with a dust suppression or dust catchment system.

of 261


(2) Areas, where noise level is above 85 dB, shall be entered only with ear protectors. These areas must be indicated by warning signs.

(3) Plants shall be entered only by persons wearing appropriate personal protective equipment.

2504. Management of Cyanide

(1) Any company or holder of a mining lease, which engages in the procurement, transportation, storage, use and disposal of cyanide products for gold processing purposes shall appoint a person responsible for the activities involving cyanide products.

(2) The holder of the mining lease shall be responsible for the safe procurement and transportation of cyanide products to his mine site.

2505. Risk assessment for gold processing plants using cyanide

(1) A baseline risk assessment shall be performed on gold processing plants using cyanide. As far as is practicable, attempts should first be made to eliminate the risk, thereafter to control the risk at source, thereafter to minimise the risks and thereafter, insofar as the risk remains, to provide personal protective equipment to control the risks.

(2) A programme shall be developed to monitor and periodically review the risks identified. This shall be extended to include changes in work practices and procedures.

(3) The initial risk assessment performed on gold processing plants using cyanide should include but not be limited to an assessment of:

(i) Procurement of cyanide

(ii) Transportation of cyanide

(iii) Off-loading of cyanide

(iv) Storage of cyanide

(v) Metallurgical operation

(vi) Maintenance

(vii) Decontamination

(viii) Impacts on local communities

(ix) Impacts on the environment

(4) Any risk associated with work practices which involve cyanide or cyanide containing solutions and slurries shall be assessed prior to performing such work practices in order to protect employees, the environment and members of the public.

of 261


2506. Training of staff working in gold processing plants using cyanide

(1) Managers of gold processing plants using cyanide shall be appropriately qualified in extractive metallurgy, mineral processing, metallurgical or chemical engineering.

(2) Employees appointed for cyanide specific tasks such as off-loading, issuing of clearance, permits for entering cyanide areas, testing and clearance for cyanide gases and supervision of cyanide storage areas shall be competent persons and meet specific training requirements appropriate to their work activities.

(3) All other employees who operate or maintain processes which contain or transfer cyanide or cyanide containing solutions and slurries shall meet qualification and specific training requirements appropriate to their work activities.

(4) No person working at a gold processing plant using cyanide is allowed to perform any task that will expose such a person to the possible impacts of cyanide without having been assessed competent in the requirements listed in sub-regulation (5).

(5) Training requirements for employees with responsibilities directly or indirectly involving cyanide or cyanide containing solutions and slurries should include but not be limited to:

(i) Training on task procedures developed from risk assessments

(ii) Emergency procedures and equipment

(iii) Location of emergency equipment and alarms

(iv) Risk assessment techniques

(v) Hazard identification

(vi) Environmental impacts

(vii) Lock-out and clearance procedures

(viii) Cyanide first aid treatment

(ix) Personal protective equipment and specialised breathing apparatus where appropriate

2507. First aid in gold processing plants using cyanide

(1) First aid and medical treatment shall be only administered by competent first aiders trained through a training facility and assessed as competent in the procedure.

(2) First Aiders shall be proven competent in cyanide first aid treatment for a period not exceeding twelve months.

of 261


(3) First Aiders shall undergo mob drills to test their competency every six months.

(4) The manager shall ensure that cyanide contamination is not allowed to be extended to other plant employees or personnel administering first aid to cyanide victims. Precautions shall be made to protect bystanders and the person administering first aid prior to and during first aid treatment.

(5) A cyanide leaching plant shall have a

(i) separate first aid post

(ii) ambulance

(iii) emergency showers and eyewash at strategic areas, to be reachable within 10 metres distance

(6) First aid kits shall be positioned in appropriate storage containers in strategic and conspicuous areas on the plant next to an emergency shower. An additional first aid kit shall be placed in the plant control room. Where the first aid kits are kept under lock and key, the key must be readily available at all times. A cyanide leaching plant shall have first aid kits consisting of:

(i) a set of cyanide personal protective equipment for emergencies

(ii) special first aid kits for cyanide poisoning, consisting of antidotes and medical oxygen

2508. Personal Protective Equipment

(1) Personal protective equipment to be used by persons when entering high risk areas shall include but not be limited to the following:

(i) Chemical resistant suit with hood

(ii) Eye protection in the form of a full face shield as a minimum requirement, and close fitting goggles

(iii) Cyanide compliant respirators

(iv) Elbow length rubber gloves

(v) Rubber safety boots

(2) Whenever gas concentrations cannot be accurately monitored, or protection by normal respiratory equipment cannot be guaranteed, self contained breathing apparatus shall be worn.

(3) A cyanide leaching plant must have mobile gas detection equipment. Gas detection equipment must be capable of accurately measuring hydrogen cyanide and make allowance for cross sensitivity effects of gases such as acetylene.

of 261


2509. Technical support to be supplied by manufacturers, suppliers and distributors of cyanide

(1) Manufacturers, suppliers and distributors of cyanide to mining companies shall supply technical information in order to assist with the safe management of cyanide.

(2) The following technical specifications and services shall be provided by manufacturers, suppliers and distributors of cyanide:

(i) product information, material safety data sheets and basic chemistry of cyanide.

(ii) information on specific PPE to be worn when handling cyanide or working with cyanide related equipment for both normal and abnormal situations.

(iii) personal safety and hygiene recommendations for working with cyanide shall be specified, including washing of hands after handling cyanide and no smoking while handling cyanide.

(iv) correct product handling and packaging methods for both liquid and solid cyanide.

(v) recommend details covering storage, facility design, construction, location, access, spillage area, piping and fittings, off-loading requirements, materials of construction, signage, site security and illumination.

(vi) recommend methods for the proper control of inventory levels and reagent scheduling.

(vii) transportation and delivery requirements.

(viii) off-loading and storage facility operating procedures.

(ix) maintenance practices and procedures for tanks and equipment including preparation for vessel entry, isolation, decontamination, scrap disposal and waste treatment.

(x) emergency response planning.

(xi) first aid and medical treatment guidance.

(xii) detoxification procedures to handle cyanide spillages and cyanide contaminated equipment.

2510. Procurement of cyanide

(1) Cyanide loading procedures used by suppliers and distributors must ensure the proper supply of the specified reagent to a hauler or transporting company in order to prevent improper carriage or abuse of the reagent. These procedures

of 261


shall include the proper loading and off-loading of the cyanide into or onto an appropriate, approved and roadworthy delivery vehicle or tanker.

(2) Cyanide delivery documentation shall correctly identify the reagent being carried in order to ensure that proper corrective action can be taken in cases of vehicle accidents and that proper off-loading, placement and storage of the cyanide at its interim or final destination can occur.

(3) To prevent spillage into the environment and public domain, containers shall be leak free and watertight.

(4) Off-loading procedures shall be established between customers and suppliers and or distributors of cyanide which specify the requirements needed to ensure the safe transfer of cyanide from the supplier’s delivery vehicle into the storage facility.

(5) Suppliers and distributors shall supply the contents of delivery and quality control documentation for each separate cyanide delivery.

of 261


2511. Transportation of cyanide

(1) Vehicles used to transport cyanide shall be appropriate for the task and be in a roadworthy condition at all times. Retread tyres shall not be used on delivery vehicles. The transporter shall ensure that pre-use checks are carried out before tankers or delivery vehicles are loaded.

(2) Appropriate preventive measures such as double wall tanks and a system for leak detection shall be installed on vehicles transporting liquid cyanide to prevent spillage during transportation or possible road accidents.

(3) Vehicles used for transportation of cyanide on roads shall:

(i) be equipped with at least two fire extinguishers, at least 5 kg each

(ii) have warning signs and material safety data sheets in an accessible place

(iii) be equipped with a satellite tracking system

(4) Delivery drivers shall be trained and inducted for site specific off-loading procedures and cyanide first aid treatment. Proof of such training and induction must be documented and drivers must carry appropriate identification to confirm training and competence.

(5) Loads containing cyanide should only be left unattended in secured areas away from members of the public. The vehicle shall be locked at all times.

(6) Suppliers and distributors of cyanide shall conduct detailed risk assessments of routes to be used for delivery of the cyanide reagent. They must identify the major risk areas and include detailed contingency and emergency plans in the event of incidents or accidents.

(7) Transportation of cyanide shall be carried out only during the hours between sunrise and sunset. After sunset, vehicles in transit transporting cyanide shall be parked in secured areas.

2512. Warehousing of cyanide

Any company operating a cyanide warehousing facility must:

(1) Meet packaging requirements as set out in regulation 2513.

(2) Keep personal protective equipment and cyanide first aid equipment on the site according to regulation 2508.

(3) Conduct a detailed risk assessment of the potential for accidental release of solid cyanide, cyanide solution or HCN gas at the facility and the effect on employees at the facility, adjacent and nearby businesses and communities.

of 261


This shall include the development of emergency procedures which will avoid exposure or injury to members of the public and the environment.

(4) Ensure that the facility is not situated in a densely populated or highly active business area.

(5) Ensure that the facility is accessible to emergency services in the event of an incident or accident and ensure liaison with local emergency services on emergency planning not only for the facility but also for public roads, access ways leading to such a facility and the customer property.

(6) Ensure that the warehouse facility is situated in an area where no possible risk exists for surface run-off water or water run-off from a possible fire fighting event to pollute the environment.

(7) Ensure that an automatic alarm system connected to a supervised monitoring service for security and to the local fire brigade for fire risks is installed and operational at the facility.

(8) Implement and manage an effective access control policy to the warehouse facility and ensure that only authorised and competent persons enter.

(9) Supply training to employees who handle and/or transport cyanide to and at the warehouse facility or to its final destination. Training shall include general cyanide awareness, Hazchem response, personal protective equipment and cyanide first aid training.

(10) Keep a formal cyanide stock inventory system which must indicate distribution to and from the facility. The system must include tracking features such as stock numbers, weight, consignor and consignee.

(11) Implement a formal traceability system for all cyanide containers and packaging which should include labelling or bar coding.

(12) Implement a waste disposal system applicable to the specific warehouse site to prevent exposure of any cyanide or packaging material to the public domain.

(13) Ensure that fire fighting equipment is compatible with cyanide in the event of fire and that personnel working at the facility have been trained in its use.

(14) Ensure that appropriate lifting equipment is available for the loading and off-loading of cyanide and that personnel operating such equipment have been trained and are competent in their use. The effective and safe operation of such equipment shall be governed by a pre-use checklist system.

2513. Packaging of cyanide

(1) Manufacturers, suppliers and distributors of cyanide shall ensure that customers, transporters and shipping and storage agents of cyanide package

of 261


those reagents in a safe manner in order to prevent exposure to members of the public, production personnel and the environment.

(2) Suppliers and distributors of cyanide shall ensure that all cyanide containers, boxes, vessels are labelled in such a way that the label identify:

(i) the package contents

(ii) hazard information, emergency response guidance and first aid treatment instructions

(3) Empty packaging shall be handled as hazardous (contaminated) until it is decontaminated and disposed of or destroyed using appropriate methods.

(4) Cyanide packaging shall always be opened close to the point of use or transfer in order to minimise the area of exposure to potential spillages.

(5) Containers used for transporting cyanide shall be opened in a well ventilated area.

2514. Security of cyanide

(1) Cyanide installations shall be adequately protected to ensure that the public, operating personnel and the environment are not exposed to cyanide or cyanide reaction products as a result of unauthorised or unlawful removal of cyanide or acts of sabotage.

(2) Except in the case of an emergency, off-loading of cyanide shall be conducted at an approved off-loading site. The storage facility for cyanide shall be situated on the premises of a gold processing plant.

(3) Off-loading shall not be undertaken outside the mine without authorisation from an Inspector of Mines. If approved, off-loading should only occur under the supervision of a competent person.

(4) Unauthorised access to cyanide and the off-loading and storage facility shall be prevented.

(5) A fence and lockable gates shall protect off-loading and storage facilities. All critical valves and infrastructure shall be intact and locked and the keys controlled via a key register.

(6) No person other than a competent person or a person under the immediate supervision of a competent person may handle or move, or cause or permit any other person to handle or move, any compound of cyanide which is likely to produce harmful dust or noxious or flammable gases, unless it is in a closed airtight and watertight container.

of 261


(7) Authorisation for removal and transfer of cyanide off a gold processing plant can only be given by the manager and only after a risk assessment has been performed.

(8) The emergency response plan shall cover the response to and communication regarding any possible theft of cyanide and possible exposure to the members of the public and the environment whether at or in transit to a gold processing plant.

2515. Off-loading of cyanide

(1) Off-loading of cyanide shall be performed in a safe manner in order to prevent exposure of production personnel, members of the public and the environment to the impacts of cyanide. Off-loading facilities shall be managed effectively in order to ensure the safe transfer of cyanide from suppliers and distributors to customers.

(2) Under no circumstances should aluminium, aluminium alloys, brass or materials containing magnesium, magnesium alloys, solder tinning or galvanised surfaces, be used for transferring cyanide.

(3) The off-loading area shall be provided with an adequate illumination.

(4) Off-loading installations shall be equipped with a wind direction indicator sock or ribbon. The wind indicator shall be clearly visible during off-loading in order to prevent the exposure of off-loading personnel to dust or HCN gas.

(5) Off-loading installations shall have facilities being able to sufficiently drain and contain any cyanide spillage or surface run-off water. The off-loading installations shall be equipped with a sump and manually operated spillage pump and include a level device with an audible alarm.

(6) Off-loading installations shall be equipped with ferrous sulphate reagent and shovels, readily available close to the potential spillage area. The ferrous sulphate must be kept in a dry condition available for use as required in spillage situations.

(7) The following symbolic signs shall be displayed at off-loading areas:

(i) No entry to unauthorised persons

(ii) No smoking

(iii) No naked flames

(iv) Protective clothing to be worn

(v) Warning of poisonous substance

(vi) Warning of corrosive substance

(vii) Cyanide first aid procedures

of 261


(viii) Gas detection instrumentation

(8) Appropriate special equipment shall be used for off-loading cyanide. Cyanide off-loading shall not commence until a formal inspection procedure and actions have been carried out by a competent person appointed by the manager according to a site specific offloading area checklist, and the off-loading and storage facilities have been declared safe for off-loading.

(9) The off-loading shall be stopped if any leaks or other abnormal conditions develop during off-loading.

(10) On completion of off-loading the delivering driver and the competent person appointed by the manager shall ensure that equipment used and contaminated during off-loading are flushed and any spillage properly handled.

2516. Storage at the cyanide leaching plant

(1) Vessels used for storage of cyanide shall meet the following requirements:

(i) The correct materials of construction shall be used for all equipment items

(ii) The correct inlet flange and pipe work shall be installed

(iii) Suction and delivery flanges on reagent and spillage pumps shall have flange covers

(iv) Each tank shall be provided with a separate vent pipe

(v) Each tank shall have a separate overflow pipe where applicable

(vi) Accurate and reliable tank level indication, with high level alarms, shall be provided for each tank. For flake cyanide storages, load cells are recommended

(vii) Each tank shall have a manhole for inspection and maintenance access

(viii) Each tank shall be provided with an individual earth strap

(ix) Walkways and access over and around cyanide storage tanks must be ergonomically designed with safe practice in mind.

(x) Storage tanks shall clearly display the required Hazchem labels

(xi) Storage tanks shall be clearly identified and painted signal red with a horizontal dark violet band not less than 400 mm wide located on the vertical centre of the tank

(2) Cyanide storage vessel capacities shall be designed and capable of accepting the operational frequency of required deliveries.

of 261


(3) Storage tanks shall hold at least 1.5 times the capacity of the delivery tanker. Flake cyanide storages shall have a minimum capacity of at least twice that of a normal delivery vehicle.

(4) Storage facilities shall be remote from existing or planned acid storage areas and consideration shall be given to the prevailing wind in the area and proximity to buildings and control rooms. Such storages shall have separate bund walls.

(5) Symbolic warning signs according to regulation 2515 (7) shall be displayed at the storage area to inform of the hazardous nature of the stored cyanide.

(6) Appropriate illumination shall be installed in the storage area, at dosing pumps, valves, remote switches and alarm buttons.

(7) Flake cyanide storage, handling and mixing facilities shall meet the following additional requirements:

(i) They shall not be located within the confines of a building but in an area of free flowing natural ventilation

(ii) The outlet vents from storage vessels and mixing tanks shall be able to manage an overflow of 17 cubic metres per minute without any build-up of pressure inside the vessel

(iii) The storage vents shall pass through an effective dust and fume removal system before air is allowed to be discharged to atmosphere

(iv) If a wet dust extraction system is used, the outlet shall terminate at a point lower than the vent take-off points from the vessel.

(v) The system used to feed flake cyanide from the storage to the mixing facility shall feature an emergency shutdown function in the event of over-supply of cyanide

(vi) The mixing facility shall be designed to allow for venting of the cyanide gas that is generated during the make-up process. Proper make-up and mixing procedures shall be in place to prevent injury to plant personnel, the storage facility and the environment

(vii) The solution into which flake cyanide is transferred before make-up shall be adjusted to a pH of 10.5 before such transfer occurs

(viii) The conical bottoms of flake cyanide storage vessels shall be in two sections joined by flanges, nuts and bolts

(ix) Fittings such as pipes and valves shall be of the appropriate static-electric free materials and corrosion- and abrasion-resistant

of 261


(8) Briquette cyanide storage, handling and mixing facilities shall meet the following additional requirements:

(i) Storage areas shall be protected from infiltration of rain and flood water

(ii) Storage areas shall be well ventilated

(iii) If partitioning of cyanide storage areas occur within a building it shall be properly fenced

(iv) Emergency egress from storage areas shall be easy and free of obstacles

(v) Cyanide shall not be stored closed to acidic reagents or explosive materials

(vi) Storage areas shall be away from potable water and sewerage systems

(vii) The required Hazchem labels shall be clearly displayed at storage, handling and mixing facilities

(viii) Cyanide shall be stored at a level of a maximum of two palettes heights above floor level

(xi) The mixing facility shall be designed to allow for venting of the cyanide gas that is generated during the make-up process. Proper make-up and mixing procedures must be in place to prevent injury to plant personnel, the storage facility and the environment

(x) The solution into which briquette cyanide is transferred before make-up should be adjusted to a pH of 10.5 before such transfer occurs in order to reduce the formation of cyanide gas

(xi) Agitation on mixing tanks should be stopped as soon as briquettes have been dissolved into solution in order to reduce the formation of cyanide gas

(9) Storage, mixing and processing with cyanide and cyanide containing solutions shall be carried out in bunded areas with the following requirements:

(i) The floor of bunded areas used for storage of cyanide shall be sited on a solid impervious area and enclosed by a flood tested, leak-proof bund wall.

(ii) The bund wall shall have no drain holes or any other opening which could allow cyanide effluent to escape from the bund area.

(iii) The bund walls shall be kept clean and free of any superfluous material.

of 261


(iv) The bunded area shall be capable of safely containing 110% of the total storage tank contents in the case of a single tank installation, and in the case of a multiple tank installation, 110% of the contents of the largest tank. Where two or more vessels are connected for simultaneous use, the bund must be capable to accommodate the combined capacity of the tanks. When determining the size of the bund area to be used for flake cyanide, the possible source of any spillage and the 45 degree angle of repose must be considered and allowed for.

(v) The bund area shall be protected from storm water ingress from other areas. Any solution, including rainfall contained within the storage facility bund area must be returned to a process slurry stream at a point where the pH value is greater than 10.5.

(vi) A spillage control system shall be implemented which shall cater for the return of cyanide spillages and/or the effective and safe make-up and transfer of spilled cyanide back to the process. This system must be manually operated.

(vii) The field control stations for the valves and/or pumps which will be required to control spillage in bund areas must be located in positions remote from exposure to spillage.

(10) Storage, mixing and processing with cyanide and cyanide containing solutions shall be carried out under a safety system with the following requirements:

(i) A fully operational safety shower and eye wash bath shall be provided at the storage site

(ii) A wash water facility shall be available at the site at all times for use in emergency situations.

(iii) Cyanide first aid and emergency rescue equipment shall be situated remotely from the storage or potential risk area at a minimum 7,5 metres, to prevent cyanide contamination, and maximum 10 metres distance, to be easily accessible, ideally next to the safety shower.

(iv) Wherever emergency rescue and first aid equipment is kept under lock and key, all keys shall be available in an emergency break-glass container.

(v) A neutralising reagent and a shovel shall be readily available close to the potential spillage area.

(vi) There shall be no public access to the hazardous materials storage and off-loading area and the storage area shall be fenced and locked to prevent unauthorised access at all times. Each separate off-loading and storage area gate shall be locked with its own unique lock and key set. Issuing of keys shall be by means of an official key register.

of 261


(vii) Make-up and mixing systems for all forms of cyanide shall be equipped with audible alarm systems in order to alert personnel when such a system is operational. The safety of personnel at such a site, close vicinity to the site and at the point of entry into the process shall be governed by a procedure.

(viii) An appointed responsible person shall check the facility daily using a site specific checklist to ensure the availability of all safety related systems.

(ix) Entry into storage areas shall only be by competent persons and only after the necessary clearance certificate is issued.

(x) Appropriate personal protective equipment shall be worn when entering cyanide storage areas.

(xi) Storage and bund areas shall be equipped with dry powder or foam type fire extinguishers.

2517. Transfer of cyanide to process

(1) Transfer of cyanide from the storage facilities into metallurgical process streams shall be performed safely and effectively without exposing production personnel, members of the public or the environment to the possible impacts of cyanide.

(2) Pumps, pipelines, flanges, valves and gaskets shall not be constructed of aluminium or aluminium alloys, magnesium or magnesium alloys, brasses and any tinned or galvanised materials due to the severe corrosion effects of caustic cyanide solution on these materials.

(3) Flanges on installed pipe work used for conveying cyanide solutions exceeding 1% strength shall be minimised. Where the use of flanges is unavoidable, suitable flange covers must be installed.

(4) Main solution valves should preferably be stainless steel ball valves with polytetrafluoroethylene (PTFE) seats and seals.

(5) Due to the severe corrosion that can occur with heated caustic cyanide solutions, pipelines should be stress relieved before installation when heat tracing is performed.

(6) Only gaskets made from clinkerite or red neoprene shall be used on pump, valve and pipe flange joints.

(7) Positive displacement pump discharge lines shall be fitted with a pressure relief valve venting back into the storage tank. The pressure relief system shall be maintained according to a scheduled maintenance plan.

of 261


(8) Where a ring main feed system is used, the return cyanide solution should discharge back into the same tank feeding the cyanide dosing pump.

(9) All cyanide pipelines shall be inspected routinely and written procedures shall be established to deal with leaks.

(10) All cyanide pipes, including lagged pipes, shall be painted dark violet at intervals along the entire length of the pipeline. All pipelines must be clearly identified, calcium or sodium cyanide, and have an arrow indicating the direction of flow. Labels and arrows shall be placed at regular intervals on lagged pipelines.

(11) Where flake or briquette cyanide are directly transferred to process streams, the area shall be well ventilated and an audible alarm installed at the discharge point to alert plant personnel prior to transfers. A specific procedure must cover transfer.

(12) Manual transfer of flake or briquette cyanide shall be performed only by a trained, competent person wearing the prescribed cyanide specific PPE. Containers or drums used for transfer shall remain fully closed until reaching the point of entry into process streams.

(13) Discharge points of cyanide into process streams shall enter at a point which will create the lowest possible risk of exposure to personnel. Discharge points shall be risk assessed and a HCN gas detecting system installed at such points with an audible alarm to alert plant personnel. A procedure shall govern evacuation from such points and preventive measures to be taken.

(14) Discharge points of cyanide shall enter the process stream at a point where the pH is maintained above 10.5 and which is well ventilated at all times. On-line pH monitoring shall be conducted including a linked audible alarm to alert personnel if the pH drops below 10.5. A procedure shall govern evacuation from such points and preventive measures to be taken.

(15) Discharge points of cyanide into process streams shall not be close to control rooms or buildings nor shall control rooms or buildings be situated close to and down wind from such points.

(16) Acid, acidic solutions or low pH water shall not enter at the same point where cyanide is discharged into the process unless it has been properly neutralised up to a pH of at least 10.5.

2518. General use of cyanide

(1) General usage of cyanide shall be performed by trained and competent personnel in order to prevent the exposure of production personnel, and members of the public and the environment.

of 261


(2) The use of cyanide shall be controlled by safe working practices and procedures which shall include but not be limited to:

(i) The use of proven methods by a trained and competent person to declare working areas safe

(ii) The issuing of correctly authorised Hot Work Clearance and Permit to Work Certificates

(iii) Compliance with safety precautions

(iv) The use of approved respiratory and other personal protective equipment as indicated on the Hot Work Clearance and Permit to Work Certificates

(v) The control of hazards resulting from cyanide, cyanide gases and cyanide reaction products

(vi) A description of the first aid equipment to be used

(vii) Emergency rescue procedures

(viii) Methods for cyanide leakage and spillage control

(ix) Cyanide decontamination methods

(3) Any work performed on equipment or facilities containing cyanide and any operational task performed on or close to such equipment or facilities shall be performed by a trained person only.

(4) Additions or modifications to working procedures, practices, standards and installed cyanide handling, storage equipment, reticulation, sampling and analytical measurement equipment shall be subject to a risk assessment prior to the proposed addition or modification being implemented.

(5) Working areas that may be suspected of containing cyanide or cyanide reaction products shall be monitored and equipped with suitable cyanide gas detection systems in order to warn personnel when the occupational exposure limit of 10 ppm is exceeded.

(6) Persons shall not be allowed to enter or work in any tank, vessel, pipeline, confined space or poorly ventilated areas unless the concentration of cyanide, cyanide gases and cyanide reaction products is declared safe for work by a suitably trained and competent person.

(7) No eating, drinking or smoking shall be allowed in any cyanide working area, or while working with cyanide or cyanide reaction products.

(8) All cyanide pipelines and storage tanks shall comply with the specified colour coding detailed in the preceding regulation. Colour coding and labelling shall be maintained to ensure proper visual identification.

of 261


(9) Cyanide spillages shall be cleaned up immediately in accordance with developed procedures.

(10) Suitable protective clothing shall always be worn when work is performed on or in the vicinity of any cyanide containing equipment or facility.

(11) Operational procedures shall ensure that a pH of greater than 10.5 is maintained in process streams and circuits at all times to prevent the decomposition of cyanide to hydrogen cyanide gas.

(12) Cyanide solutions are to be used only for the dissolution of gold in slurry streams, gold precipitation circuits, gold elution processes, carbon activity analyses and laboratory applications by competent personnel.

(13) Acid washing and eluting of loaded carbon shall not be performed in the same column.

(14) An acid neutralisation step shall ensure that conditioned carbon is delivered back to the process at a pH in excess of 10.5. Spent acidic solutions shall be neutralised and transferred back into the process stream at a point where the pH is in excess of 10.5 and which contains a pH monitoring and alarm facility.

(15) Cyanide shall be added to the metallurgical process in the correct amounts required for proper and effective dissolution of gold particles.

(16) Systems shall be in place to effectively control process parameters, including pH and cyanide control, and these systems must be calibrated on a regular basis to ensure safe operation of the plant.

2519. Bunded areas and leak detection and recovery systems at gold processing plants using cyanide

(1) All tanks and structures containing or carrying lethal solution are to be in bunded areas.

(2) Leak detection and recovery systems are required for all structures containing or carrying lethal solutions.

2520. Emergency ponds at gold processing plants using cyanide

Gold processing plants using cyanide shall have overflow ponds for cyanide solution containment sufficient for the maximum operating water balance plus runoff from a 100-year 24-hour storm event.

2521. Hazardous chemical response unit

Gold processing plants using cyanide shall have a hazardous chemicals response unit, properly trained and equipped to deal with major chemical spills. This Hazchem unit shall consist of not less than five men, available at any time during the operation of the processing plant.

of 261


2522. Emergency preparedness and response at gold processing plants using cyanide

(1) Comprehensive emergency plans shall be in place to appropriately deal with on-site emergency conditions in order to prevent the exposure of operating personnel, emergency personnel, members of the public and the environment from the possible impacts of cyanide.

(2) A risk assessment shall be performed to identify all possible cyanide incidents or emergency conditions that may arise on gold mines or metallurgical treatment facilities.

(3) Based on the risk assessment, the manager has to establish appropriate emergency response procedures.

(4) An emergency file shall be prepared and be available at a suitable location. This file must contain:

(i) A full description of the metallurgical process

(ii) A detailed site map showing the location of emergency equipment, cyanide off-loading and storage facilities, cyanide pumps and pipeline routes including spillage pumps dosing points, cyanide solution make-up tanks and equipment and any other area where cyanide is used

(iii) A copy of the cyanide emergency procedures and emergency contact numbers

(5) Emergency procedures shall be communicated to all plant personnel.

(6) Emergency procedures shall be revised annually. They shall be prominently displayed at:

(i) Cyanide off-loading points

(ii) Cyanide storage areas

(iii) Control rooms

(iv) Other identified risk areas

(7) A communication system and formal procedures shall be established on metallurgical treatment facilities to notify management, emergency response personnel, institutions and local communities of any cyanide emergency incidents.

(8) Emergency reaction personnel shall be supplied with route maps indicating the routes to be followed from base centres to the facility where cyanide is used.

(9) The manager has to ensure the preparedness of the mine for any cyanide incident by establishing the following:

of 261


(i) Drills to test the emergency procedure for cyanide first aid treatment shall be conducted on a six-monthly basis. The complete response chain, including first aid, ambulance and hospital shall be audited every six months and actions taken where appropriate.

(ii) Drills to simulate other cyanide emergencies as identified in the risk assessments shall be conducted on a regular basis to ensure that plant personnel are familiar with emergency procedures and that they can respond appropriately.

(iii) Emergency alarms including alarms on safety showers, panic alarms, spillage alarms, HCN gas detecting alarms and pH alarms shall be checked on a daily basis using a site specific checklist. Under no circumstances shall defective alarms systems be allowed to remain non-operational.

(iv) When specific high risk maintenance or other tasks are performed, including entry into storage tanks and confined spaces, a qualified first aiders shall be present on site during such work or that emergency services be alerted.

(v) Whenever work or activities are performed around cyanide installations which pose an exposure risk to plant personnel, such work or activities shall be governed by a clearance procedure and emergency preparedness covered as per the Buddy system.

(vi) Plant personnel shall be trained in emergency procedures and assessed as competent to recognise, and deal with, all possible cyanide emergencies as identified by the risk assessment.

(vii) Emergency reaction personnel shall be trained and be familiar with emergency cyanide first aid treatment.

(10) The manager shall ensure that the response to an emergency includes the following actions:

(i) Access to the scenes of spillages, incidents and accidents shall be closed off and entry shall be controlled to prevent unauthorised access.

(ii) A senior manager or an emergency co-ordinator, trained and competent in cyanide emergencies, shall take charge of emergency situations. The notification of this person shall be incorporated in procedures. This person shall be easily identifiable during emergency situations.

(iii) The Chief Inspector of Mines or the Inspector in charge of the area shall be informed immediately.

of 261


(iv) No person, including emergency response personnel, is allowed to enter a contaminated area or scene of a cyanide accident, for any reason whatsoever, without wearing full cyanide specific PPE and unless fully stocked cyanide first aid kits are available on site.

(v) As far as possible, clean-up of cyanide spillages shall be conducted by specialised Hazchem emergency response personnel. Where it is necessary for production personnel to enter the contaminated area for the purpose of containing the spillage, full cyanide specific PPE must be worn, including PVC suit and self contained breathing apparatus, and the Buddy system strictly enforced.

(vi) Cyanide first aiders shall be deployed to the incident site.

(vii) All cyanide spills, incidents and accidents shall be properly investigated and appropriate actions taken to prevent the reoccurrence of a similar event.

(11) A dedicated emergency mobile trailer shall be available at each metallurgical treatment facility and shall be stored in a proper, safe manner so that it can be rapidly deployed in the event of an emergency. The number of items for the trailer shall be based on an assessment of the risk exposure and the number of employees likely to be exposed.

(12) Procedures shall be developed to deal with cyanide spillages.

(a) Whenever complexing cyanide spillages, personal protective equipment shall always be worn as identified in procedures developed from risk assessment of emergency conditions.

(b) All cyanide spillages shall immediately be cleaned-up in order to minimise the exposure to plant personnel, members of the public and the environment. If localised, such as spillage in leach tanks and bund areas, it must be returned to the process as soon as possible.

(c) All cyanide spillage areas shall be approached from an upwind direction using the Buddy system. Danger areas downwind from the spillage area shall be evacuated. The scene shall be secured by putting in place warning notices and barricades.

(d) If solid cyanide is spilled during handling, it shall be returned to the container by using a shovel.

(e) If solid cyanide becomes wet for any reason, whether in drums or in storage vessels, it shall be used immediately or otherwise detoxified.

(f) In extreme spillage cases, the assistance of the plant’s fully equipped Hazchem response team shall be called in.

(13) A plan for environmental emergencies shall be developed and shall contain:

of 261


(i) A map of the operational boundaries

(ii) Direction and distances to neighbouring towns and communities

(iii) Position of main roads, railways and power lines

(iv) Position of rivers, ponds, canals and dams

(v) List with contact details for emergency services

(vi) List with contact details for regional authorities

(vii) List with contact details for relevant government departments

(viii) List with contact details for all farmers, residences and businesses within the surface ownership, boundaries and potential affected downstream areas from the operation as identified during risk assessment

(14) The plan shall be compatible with the emergency procedures.

(15) A risk assessment shall be performed to identify all cyanide environmental emergencies or conditions that may arise on gold mines or metallurgical treatment facilities, tailings dam complexes and associated infrastructure. Emergency procedures shall be developed to include the following risk areas:

(i) Elevated levels of pollution in boreholes

(ii) Seepage from process dams, tailings dams, and ponds into rivers and dams

(iii) Elevated levels of cyanide in backfill products

(iv) Solution and slurry spillages from plant boundaries and tailings dam complexes

(v) Overtopping of tailings dams, catchment and return water dams

(vi) Instability of tailings dam embankment

(vii) Rupture of tailings pipeline

(16) Procedures developed for cyanide environmental emergencies shall include but not be limited to the following:

(i) Detoxification, clean-up and rehabilitation of spillages

(ii) Notification of mine personnel, emergency services and relevant government departments

(iii) Procedures to be followed by mine and plant personnel

(iv) Supply of potable water to affected areas or communities

(v) Protection and evacuation of wildlife, livestock and flora

(vi) Evacuation of local communities

of 261


(17) An emergency preparedness and response plan shall be developed with all stakeholders and shall include:

(i) Communication of hazards to local communities and local authorities

(ii) Co-ordination of emergency response which will effectively deal with accidents and prevent major disasters

(iii) Training residents of local communities on how to act in the event of an accident

(iv) Liaison with local authorities

2523. Maintenance of gold processing plants using cyanide

(1) The inspection, maintenance and repair of equipment used for cyanide, as well as cyanide contaminated items, shall be conducted in a safe manner to ensure that production personnel and members of the public are not exposed to the impacts of cyanide.

(2) A detailed risk assessment shall be conducted of all general and repetitive engineering inspection and maintenance tasks performed in cyanide areas or on systems containing cyanide on gold mines or metallurgical treatment facilities. From this, detailed procedures and standards for conducting those tasks shall be developed.

2524. Cyanide measurement and monitoring

(1) Regular HCN gas surveys shall be conducted by a competent person in all areas on metallurgical treatment facilities to identify high risk exposure areas. Measurements shall be performed during wind still days.

(2) Areas where HCN gas concentrations are likely to exceed 10 ppm shall be identified by means of proper notices stating the risk. These areas shall be monitored by means of fixed continuous detection instruments with a data logging facility. The system shall contain an audible alarm at the site, and specific procedures shall govern work practices and evacuation of personnel from such areas.

(3) Appropriate continuous monitoring and detection equipment shall be used.

(4) Measurements made for the detection and warning of the presence of cyanide gases and cyanide reaction products shall be performed continuously during periods of maintenance carried out on closed vessels, sumps, confined spaces and poorly ventilated areas.

(5) Cyanide bearing effluent in and around the plant shall be identified, sampled and analysed for free, titratible and WAD cyanide. Proper actions shall be implemented to return such effluent to the process or to effectively detoxify it.

of 261


(6) A management system shall be implemented to monitor cyanide levels in plant slurry and water reticulation systems in order to prevent circulation of possible high cyanide containing solutions which may arise from ineffective spillage detection systems.

(7) Measurement and monitoring equipment shall be calibrated as recommended by the supplier and a management system established for the recording of all measurements made.

2525. Detoxification

(1) Cyanide packaging, general wastes and contaminated plant equipment shall be detoxified and disposed off in a safe manner.

(2) Any effluent solution including storm water exiting the metallurgical treatment facility boundary shall conform to the limits established by the Environmental Protection Agency, except where the solution is returned to the metallurgical process.

(3) No equipment shall leave the facility unless it has been adequately decontaminated and a clearance certificate issued by the appointed responsible person.

(4) A decontamination area shall be established to effectively deal with the decontamination of equipment and materials exposed to cyanide. Decontamination areas shall meet the following requirements:

(i) Lined with concrete or other impermeable lining to prevent seepage

(ii) Entire area to be well ventilated and bunded to prevent surface run off from or into the facility

(iii) Secured by means of a fence and locked access gate

(iv) All appropriate warning and information signs shall be displayed

(v) A sump and manually operated spillage pump shall be installed to transfer detoxified material back to the process

(vi) All necessary safety equipment shall be made available

(vii) Clear responsibility of the facility assigned to a responsible person

(viii) Any other requirements that may come out after risk assessment

2526. Environmental management and monitoring of gold processing plants using cyanide

The manager shall:

of 261


(1) develop and implement a detailed and comprehensive water management program to prevent unintentional releases;

(2) conduct annual cyanide environmental audits and take appropriate actions where required. The audit shall be carried out by an approved independent expert contracted by the company.

(3) develop a cyanide balance for all metallurgical treatment facilities in order to establish consumption trends of cyanide by various processes. Routine pulp, solid and solution flows shall be performed on identified unit processes.

(4) establish an effective surface water quality-monitoring programme. Daily monitoring shall occur at all medium to high environmental risk areas including water dams that have the potential to overflow into a clean water catchment or beyond mine boundaries. Monthly monitoring shall occur at low risk areas including fresh water dams and springs.

(5) establish an effective groundwater quality-monitoring programme;

(6) establish an effective tailings storage facility monitoring programme. Routine monitoring shall be implemented at penstock decants, penstock inlets, return water systems and underdrains.

(7) submit copies of the audit according to subregulation (2) of this regulation and monthly reports of monitoring according to subregulation (4) of this regulation to the Chief Inspector not later than two weeks after receipt of such reports.

2527. Tailing pipelines of gold processing plants using cyanide

(1) Tailing pipelines transporting slurry from the processing plant to the tailings storage facility shall be placed in a bunded and lined channel. Lined emergency ponds shall be located in valley areas of the pipelines route.

(2) Pipeline wall thicknesses shall be measured, recorded and monitored for wear on a quarterly basis. Depending on the operational requirements, wear rates shall be calculated as a function of tonnage throughput or time.

(3) The flanges of pipes shall be of a design approved by the Chief Inspector of Mines.

(4) Flow or pressure differential systems shall be installed on pipelines used for transferring cyanide containing slurries to ensure the controlled stoppage and notification of pipeline ruptures and associated spillage.

(5) A communication system shall be in place to allow the reporting of spillages to a responsible person as soon as possible.

of 261


2528. Backfill

(1) The manager shall ensure that the complexing of cyanide or cyanide reaction products in backfill preparation shall be conducted in a safe and reliable manner.

(2) The product from the backfill preparation plant used for filling worked out areas underground, and the liquids draining therefrom, shall not contain higher cyanide contents than the limit values established by the Environmental Protection Agency.

2529. Electrowinning and smelting

Buildings, in which electrowinning cells and bullion ovens are operated, shall be ventilated and vapours and fumes shall be removed mechanically by a fume extraction system.

2530. Heap Leach pads general provisions

(1) The design and construction shall be in such way that the effluent into the environment complies with the limit values established by the Environmental Protection Agency.

(2) The heap leach pad shall have an emergency pond that can deal with run-off water from the heap leach of a 100 years 24 h storm event.

(3) The operating plan shall include a fluid management plan.

2531. Lining of heap leach pads

(1) The heap leach pad shall have:

(a) a soil liner of not less than 30 cm with a permeability of less than 1 x 10-7 cm/sec,

(b) a drainage blanket of not less than 50 centimetres; and

(c) a HDPE liner with a permeability of less than 1 x 10-11 cm/sec.

(2) The drainage blanket shall be equipped with a leak detection system and a drainage system for recovery of the leakage.

(3) A heap leach pad shall not be operated if the HDPE liner is defective.

2532. Safe design and operation of heap leach pads

(1) A monitoring programme shall be in place. Boreholes, one at each side, shall be established to control ground water quality.

(2) Detoxification equipment shall be available at any time.

of 261


of 261


Subdivision 2.6 Auxiliary mine surface facilities

General provisions for auxiliary mine surface facilities

2601. Ventilation in surface plants

Adequate ventilation shall be provided in any surface plant or building or any part thereof in which any person may travel or work and where any dust is released, or is liable to be released, or where any toxic gas or fume is evolved or is liable to be evolved.

2602. Discharge of dust, gas, fumes into the atmosphere

Any harmful dust or toxic gas or fume removed or evolved from any process shall, if not otherwise recovered, collected or disposed of, be discharged into the atmosphere at an adequate height and distance. Such point of discharge into the atmosphere shall not be less than seventy-five metres measured horizontally from the nearest point of any surface inlet to the underground workings.

2603. Removal of toxic substances

(1) Adequate means shall be provided for the positive removal at source, or as near thereto as practicable of any toxic substance, other than dust, which may escape or be released from any surface plant or building in which such substance is handled, processed, stored or evolved.

(2) Any such substance removed in compliance with sub-regulation (1) of this regulation, shall be disposed of in a safe manner.

2604. Washing facilities where toxic substance is handled

Where any toxic substance is handled, processed or stored, the Manager shall ensure that there are provided and used by all persons who may be endangered by such toxic substance -

(a) adequate and sufficient washing facilities for the use of such persons prior to eating food or leaving work; and

(b) where such persons may eat food at any time during their working hours, adequate accommodation for such purpose immediately adjacent to such washing facilities.

2605. Workshops

This Regulation should be read and applied in conjunction with other references on machinery in these Regulations.

(1) The manager shall ensure that workshops have two separate means of ingress and egress where machinery is operated or containing air compressor or

of 261


electrical switchgear, transformer or generating plant, provided that an Inspector may grant exemptions on such conditions as he considers necessary, given in writing and copied to the Chief Inspector.

(2) The workshop floors shall have demarcations indicating:

(a) walkways;

(b) work areas; and

(c) storage areas.

(3) Stationary grinding machines in workshops, other than special bit grinders shall be equipped with but not limited to the following:

(a) periphery hoods capable of withstanding the force of a bursting wheel and enclosing not less than 270 degrees of the peripheral of the wheel.

(b) adjustable tool rest, set so that the distance between the grinding surface of the wheel and the tool rest is not greater than 3 millimetres; and

(c) a safety washer on each side of the wheel

(4) Power drills, disc sanders, grinders and circular and chain saws when used in the handheld mode shall be operated with controls which require constant hand or finger pressure.

(5) Circular and chain saws shall not be equipped with devices which lock on the operating controls.

(6) Oxy-acetylene cylinders shall be properly secured in upright position and their hose lines equipped with two flash back arresters at both ends of the hose lines.

(7) Oxy-acetylene cylinder valves shall be covered with caps when being transported or stored.

(8) Welding bays shall be provided with protective screens and means to remove the fumes produced.

(9) Periodic tests conducted on the following equipment or tools shall be kept in a register in the workshop:

(a) ladders and scaffolds;

(b) welding machines;

(c) safety harness; and

(d) portable electrical equipment

of 261


(10) Overhead travel and tower cranes operated by remote control system shall be disabled safely if:

(a) communication with the control system is lost

(b) the control system fails; and

(c) it operates outside its designed parameters.

(11) In tyre inflation a wheel cage or other restraining device to constrain all the wheel rim components from fly off shall be used to prevent injury to persons

(12) Pits or ramps used for the repair of equipment shall be covered or effectively barricaded when not in use.

(13) The safe working load of jacks and blocks used in support of equipment shall be indicated on them.

2606. Electric power stations

(1) The manager shall provide for a safe storage of fuel according to the provisions of regulation 2608.

(2) The electric power station shall be fenced and only authorised persons are allowed to enter the area.

(3) Technologies to reduce noise and to reduce contaminant matters in the exhaust gases shall be applied.

2607. Compressor stations

(1) The compressor station shall be fenced and only authorised persons are allowed to enter the area.

(2) Technologies to reduce noise shall be applied.

2608. Fuel filling stations

(1) Fuel tanks shall be located in a bunded area made of concrete. The bunds shall be capable to store 110 % of the largest tank.

(2) The fuel filling station shall be in a fenced area.

(3) The filling station and fuel tank areas shall be equipped with fire extinguishers.

(4) Refuelling of any vehicle shall not allowed while the engine is running.

(5) Tanks and fuelling installations shall be inspected and maintained routinely to prevent leaks and spills.

of 261


(6) Spilled fuel and contaminated materials shall be retrieved, handled, and disposed of in an environmental friendly manner.

(7) All fuel spillages outside the bunded area shall be recorded and those that reach beyond the mine environment shall be reported to the Inspectorate Division.

2609. Water- oil separator

(1) Mechanical workshops, fuel fillings stations, wash bays and parking areas for heavy duty equipment shall be equipped with a water oil separator.

(2) Mechanical workshops, fuel fillings stations, wash bays and parking areas for heavy duty equipment shall have a concrete floor and a drainage system into a water- oil separator.

2610. Warehouses and stockyards

(1) Warehouses and stockyards shall have equipment which is capable to handle the heaviest parts stored in the facility.

(2) Only equipment manufactured for handling of material and being in good working order shall be used.

(3) Materials including spare parts and consumables shall be stored in a safe and orderly manner such that stored materials can be removed safely.

(4) Areas, where equipment or parts of equipment containing fuel, oil, lubricants and a cooling liquid are stored, shall have a concrete floor and a drainage connection to a water-oil separator.

2611. Working in confined spaces

Subject to regulation 2613, a confined space shall be entered only where -

(1) there is an easy egress from all accessible parts of the confined space;

(2) mechanical equipment in the confined space is:

(a) disconnected from its power source, and

(b) locked out;

(3) all pipes and other supply lines except those required for the work therein are blanked off; and

(4) the confined space is tested and evaluated by a competent person who,

(a) records the results of each test in a record book, and

(b) certifies in writing in the record book that the confined space,

of 261


(i) is free from hazard, and

(ii) will remain free from hazard while any person is in the confined space having regard to the nature and duration of the work to be performed.

2612. Working in confined spaces in which hazards could exist

Subject to regulation 2613, a confined space in which there exists or is likely to exist -

(1) a toxic gas, vapour, dust or fume; or

(2) the oxygen content in the atmosphere is less than nineteen per centum or more than twenty-three per cent by volume, shall not be entered unless-

(i) the requirements of regulation 2611 are complied with;

(ii) the space is purged and ventilated to provide a safe atmosphere;

(iii) the measures necessary to maintain a safe atmosphere has been taken;

(iv) another person is stationed outside the confined space;

(v) suitable arrangement has been made to remove the person from the confined space should he require assistance; and

(vi) a person adequately trained in artificial respiration is conveniently available.

2613. Working in confined spaces where hazards could exist and which cannot be purged

Notwithstanding regulations 2611 and 2612, confined space in which there exists or is likely to exist,

(1) a toxic gas, vapour, dust or fume; or

(2) the oxygen content in the atmosphere when measured is less than nineteen per cent or more than twenty-three per cent by volume, and that cannot be purged and ventilated to provide and maintain a safe atmosphere may be entered if,

(i) all the requirements of the said regulation 2611, except sub-regulation (4)(b) thereof, are complied with;

(ii) the person entering is using a suitable self contained breathing apparatus and a safety harness or other similar equipment to which is securely attached a rope, the free end of which is held by a person who is keeping watch outside the confined space;

(iii) a person entering is using such other equipment as is necessary to ensure his safety;

of 261


(iv) the safety harness rope or other equipment mentioned in clause (ii) have been inspected by a competent person and are in good working order; and

(v) a person adequately trained in artificial respiration is conveniently available.

2614. Permanent lighting at specific stationary machinery and surface installations

(1) All places where winding, driving, permanent pumping or other machinery is erected shall, while such machinery is in motion be so lighted that the moving part of the same can be clearly distinguished.

(2) Suitable and sufficient permanent lighting shall be provided and maintained at all places on the surface where work is regularly carried out during the hours of darkness or where normal day light is inadequate for the same working.

2615. Emergency lighting in buildings

In a work place in a building which is solely dependent on artificial lighting and where a failure of the regular lighting system would create conditions that might endanger the safety of any person in the building, emergency lighting shall be provided which:

(a) turns on automatically when regular lighting fails;

(b) is independent of the regular lighting source;

(c) provides adequate lighting for the evacuation of the building;

(d) shall be tested as frequently as necessary to ensure the system will function in an emergency.

of 261


Subdivision 2.7 Tailings storage facilities

2701. Hazard classes

(1) Tailings storage facilities shall be classified in hazard classes. This is to be done according to the number of persons affected by a dam failure as follows:

hazard class affected persons

environmental/ material damage

C 0 moderate

B 1-20 serious

A 20-50 very serious

not allowed > 50

(2) Specific minimum standards shall be established by the Chief Inspector of Mines according to the hazard class. A more dangerous facility requires including a higher safety standard a higher static safety factor for the embankment, a specific construction method, increased control and inspection.

(3) The location of a tailings storage facility shall be in an area where the failure of the embankment does not result in an unacceptable risk. A location where the failure of an embankment would affect more than 50 persons shall not be allowed.

2702. Embankments

(1) Embankments of tailings storage facilities shall be constructed by downstream method.

(2) Upstream and centre-line construction methods may be allowed for tailings storage facilities under the conditions the Chief Inspector may impose.

(3) The area of construction of embankments shall be cleared of vegetation. Topsoil and weak ground shall be removed. A proper foundation of the embankment shall be ensured. Materials used for the construction of embankments shall be suitable for this purpose.

(4) If soil is used in the construction of embankments it shall be placed in layers of not more than 30 centimetres and compacted.

(5) Embankments shall have a drainage system to control the phreatic surface and seepage. Water which has seeped outside the embankment shall be collected in a sump and pumped back into the tailings storage facility.

(6) Embankments shall be designed by a suitably qualified engineer.

of 261


(7) Minimum safety factors for static and dynamic load according to a specific calculation method have to be established. For hazard class C a static load safety factor of 1.5 is required. Hazard class B requires a safety factor of 1.6 and hazard class A, a safety factor of 1.7.

(8) The Chief Inspector may allow for a safety factor of 1.5 for hazard classes A and B for downstream construction and under the conditions he may impose.

(9) The construction of the embankment shall be supervised by a qualified engineer who shall submit reports to the Inspectorate Division as required by the Inspector.

(10) Embankments shall be designed in such a way, that the tailings storage facility can store water inflow of the respective catchment area of a 100 year 24 hour storm event still having a freeboard of not less than 1 metre.

2703. Tailings storage facility impoundment

(1) The impoundment shall be cleared of vegetation. Topsoil shall be removed and stored for future use.

(2) The impoundment shall have a suitably designed underdrainage system.

(3) The impoundment shall have a clay liner, 30 centimetre thick, placed in such a way that permeability is less than 10-6 cm/s.

If competent bedrock or other geologic formations underlying the site can been demonstrated to provide an equivalent degree of containment, this may be considered acceptable.

(4) Should the tailings be proven to contain no pollutants, then the requirement for the need for an impermeable clay liner may be reviewed by the Chief Inspector.

2704. Tailings discharge system

Tailings shall be discharged into tailings storage facility in well arranged beaches. No single point discharge is allowed.

2705. Safety arrangements of tailings storage facilities

(1) An emergency spillway or a similar gravity emergency discharge system shall be constructed which leads into an emergency pond for treatment of overflow from the tailings storage facilities before release into the environment. The spillway has to be suitably lined in such a way that overflowing water can not erode the channel.

of 261


(2) An emergency pump and an emergency electric power generator shall be available to be installed at any time in case of exceptional high water inflow or in case of failure of the installed equipment.

(3) The system to divert natural run-off water from entering the TSF shall have a capacity for a 1000 year 24 hour storm event.

2706. Monitoring of tailings storage facilities

(1) Seepage through embankments shall be monitored by piezometer holes to be drilled within the embankments as follows:

(i) An embankment of 30 metres length shall have a piezometer hole installed at the middle of the crest.

(ii) Any embankment longer than 30 metres but less than 120 metres shall have two piezometer holes.

(iii) Embankments longer than 120 metres but less than 240 metres shall have three piezometer holes installed.

(iv) Embankments longer than 240 metres shall have piezometer holes at a distance of not more than 30 metres from the side of the embankment and not more than 60 metres between two neighbouring piezometer holes.

(2) Additional monitoring holes shall be drilled at appropriate distances around any tailings storage facility to monitor seepage from the tailings into the groundwater.

(3) Any element of seepage control shall be monitored and maintained regularly to ensure effective operation.

2707. Design and construction of tailings storage facilities to be done by Qualified Engineer

Design, construction and monitoring of tailings storage facilities shall be carried out by a suitably qualified engineer approved by the Chief Inspector of Mines.

2708. Plans of tailings storage facilities

(1) Before start of any works or before start of any subsequent raise the manager shall submit to the Inspectorate Division for approval the following documents:

(i) engineering design report

(ii) operating plan

(iii) monitoring plan

of 261


(iv) water management and cyanide management plan

(v) emergency preparedness plan

(vi) preliminary closure plan

(2) The closure plan shall provide for safety measures to deal with unforeseen events which may occur in the future.

2709. Plans and specifications of tailings dams

(1) The plans and specifications required to be lodged with the Chief Inspector under regulation 2708 shall contain the following:

(a) in the case of a dam intended to be constructed:

(i) a contour plan and cross-section of the locality and site of the dam together with particulars of the strata in or on which each embankment is to be constructed;

(ii) the longitudinal section showing the slope of the bed of the river, if applicable;

(iii) plans and cross-sections of the embankments showing the position, size and details of all embankment construction materials;

(iv) details and nature of the materials proposed to be used in the construction, and particulars of the method of placing the materials in the formation of the embankments,

(v) Particulars of:

(A) the soil strength parameters used in any stability analysis;

(B) the estimated capacity of the tailings storage facility;

(C) the estimated area of the catchment or maximum known flood capacity of the river or stream on which the tailings storage facility is to be constructed, if applicable;

(D) the average, maximum and 100 year 24 hour rainfall;

(E) the estimated discharge capacity of spillways; and,

(vi) the results of geotechnical investigations of the location of the tailings storage facility;

(vii) particulars of the course of overflow waters indicating whether it is through or adjacent to any populated area or locality;

(viii) details of the measures to be adopted in order to ensure safety in the event of an unprecedented rainfall, the bursting of the dam or the flooding of areas exterior to any natural channel or water-

of 261


course by an uncontrolled escape of water and tailings from the dam;

(b) in the case of a tailings storage facility already constructed but intended to be enlarged or altered:

(i) plans, sections, details and particulars of the existing tailings storage facility and the embankments and such other details and information as are required by paragraph (a) in connection with any raise;

(ii) particulars of any alteration in the capacity of the tailings storage facility; and,

(iii) an assessment of any risks arising from the enlargement of the tailings storage facility.

(2) The plans and sections shall be drawn to scale and all essential measurements shall be plotted on them.

2710. Commissioning and audit of tailings storage facility

(1) A new tailings storage facility shall not be used until:

(a) the qualified engineer according to regulation 2707 has issued a certificate stating that the Tailings Storage Facility is safe for use; and

(b) an inspector has inspected it and certified that the dam is in a condition such that, to the extent practicable, it is not a danger to health and safety.

(2) If an operating tailings storage facility is enlarged or altered, upon completion of the works a certificate and inspection are required according to subregulations (1)(a) and (1)(b) of this regulation.

(3) The manager shall provide for quarterly dam safety audits, employing an independent qualified engineer. The manager shall submit a copy of such audit report to the Chief Inspector within fourteen (14) days after receipt of the report from the independent qualified engineer.

2711. Discontinuance of tailings storage facilities

Within fourteen (14) days after discontinuing the use of a tailings storage facility, the mineral right holder of the mine to which the tailings storage facility relates shall notify the Chief Inspector of the discontinuance by written notice.

of 261


Subdivision 2.8 Rehabilitation and Mine Closure

2801. General provisions for mine site rehabilitation and closure

(1) Before closing a mine site, the holder of the mining lease shall satisfy the Chief Inspector of Mines that all sources of potential pollution and components of the mining project in closure are designed to be stable for the long term.

(2) The holder of the mining lease shall ensure that no emission of polluted water, air or dust will occur from the closed mining area.

(3) The holder of the mining lease shall submit a mine closure plan to the Inspectorate Division for approval according to regulations 1301 and 2802.

(4) The holder of the mining lease shall rehabilitate mining areas which are no longer required for the mining operations within 12 months.

2802. Mine closure plan for intended closing or abandonment

(1) The holder of the mining lease shall submit for approval a mine closure plan to the Chief Inspector of Mines of an intended closing or abandonment of a mine or a major part of a mine.

(2) The mine closure plan shall be submitted as soon as is reasonably practicable, but not later than 60 days before beginning the process of closing or abandoning a mine or a major part of a mine.

(3) The mine closure plan shall include a description of:

(a) closure and rehabilitation of open pits

(b) safeguarding, closure and rehabilitation of underground mine sites, explaining the methods by which:

(i) the shaft compartments will be abandoned and hoisting ropes disposed of;

(ii) the shafts and entrances from the surface will be secured;

(c) the methods by which:

(i) all explosives, fuses and detonators will be disposed of;

(ii) remaining chemical reagents, fuel, lubricants and other chemical substances will be removed and disposed off

(d) closure and rehabilitation of:

(i) preparation and process plants

(ii) heap leach pads

of 261


(iii) process ponds

(iv) ancillary facilities

(v) tailings storage facilities

(vi) waste dumps

(vii) other installations at the mine site

(4) The mine closure plan shall supply an inventory of contaminated areas and provide a description of methods how these areas will be rehabilitated.

(5) The mine closure plan shall include the use to which the land is proposed to be put following restoration, including a statement of the utility and capacity of the restored land to support a variety of alternative uses.

(6) The mine closure plan shall be accompanied by the plans mentioned in regulation 2803.

2803. Submission of plans before closure of a mine

Before a mine or any part of a mine is closed, abandoned or otherwise rendered inaccessible, the holder of the mining lease shall ensure that:

(a) all plans required pursuant to regulation 2111 are updated; and

(b) copies of the plans mentioned in clause (a) are:

(i) certified as correct by the holder of the mining lease; and

(ii) forwarded to the Chief Inspector of Mines

2804. Closure of open pit mines

(1) The holder of the mining lease shall satisfy the Chief Inspector of Mines that the pits do not have the potential to pollute waters.

(2) If an open pit mine is closed permanently or for an indefinite period, the holder of the mining lease shall:

(a) secure the open pit mine to prevent unauthorized entry and post warning signs; or

(b) perform remedial work so that the workings present no greater hazard than the prevailing natural topographic features of the area.

2805. Openings to underground mines

(1) If a shaft, raise, adit or other opening to the surface is abandoned or if the workings are discontinued, the holder of the mining lease shall ensure that the shaft, raise, adit or other opening is secured against unauthorized entry in accordance with this regulation.

of 261


(2) A shaft, raise, adit or other opening shall be secured by covering the top of it with a bulkhead designed by a professional engineer of reinforced concrete at bedrock or at the top of the concrete collar of the shaft, raise, adit or opening.

(3) The holder of the mining lease shall ensure that the cover required pursuant to subregulation (2) of this regulation is clearly marked with a substantial one-metre high marker or sign that identifies the party responsible for the opening and the cover.

2806. Disposal of explosives

If a mine is to be closed or abandoned, the holder of the mining lease shall:

(a) ensure that all explosives, detonators and detonating cord are disposed of in a safe manner in accordance with the manufacturer’s instructions; and

(b) at least 14 days before disposal, notify the Chief Inspector of Mines in writing of the disposal procedure to be used.

2807. Closure of processing plants

The holder of the mining lease shall rehabilitate the site of the processing facilities and decontaminate the sites of refineries, assay labs and associated areas.

2808. Securing hazardous plants

If a mine or any part of a mine is to be closed or abandoned and the plant associated with the mine presents a hazard, the holder of the mining lease shall secure the plant to protect against unauthorized entry.

2809. Closure of ancillary facilities

The holder of the mining lease shall rehabilitate and decontaminate the sites of ancillary facilities.

2810. Closure of heap leach pads

The holder of the mining lease shall:

(1) take measures to preclude meteoric water from infiltrating through the component.

(2) design the closed heap leach facilities to be stable for the long term.

(3) carry out heap detoxification activities for WAD cyanide if applicable. In the respective operating plan, the holder of the mining lease shall provide the required pore volume, application rates and duration, and planned sampling of the heap.

(4) provide a drain down curve and to provide all knowledge and assumptions used in predicting what the long-term residual volume of drain down will be.

of 261


(5) provide heap effluent treatment, if necessary, and provide specific details of such items as dosing tanks, sampling ports, active/passive treatment systems, and the disposal system for treated effluent.

(6) establish procedures for initiating final closure activities on the heap surface including re-sloping, capping or covering, solar reshaping, construction of diversion ditches.

2811. Closure of tailings storage facilities


(1) take measures to preclude meteoric water from infiltrating through the component.

(2) ensure that tailings storage facilities are stabilised in the long term.

(3) establish procedures for initiating final closure activities on the tailings storage facilities including surface re-sloping, capping or covering, construction of diversion ditches.

(4) comply with the limit values for tailings storage facility effluents established by the Environmental Protection Agency.

2812. Closure of process ponds

(1) If the holder of the mining lease proposes to leave the pond solids, pond liner and process components in place, the mine closure plan shall describe method of stabilization or encapsulation.

(2) If the holder of the mining lease proposes to backfill the pond, the mine closure plan shall describe how the pond liner, pond solids and process components shall be removed and disposed off; and the type of backfill material and revegetation proposed.

2813. Closure of waste dumps


(1) ensure that waste rock disposal areas are stabilised, reshaped and rehabilitated according to the mine closure plan.

(2) ensure that slopes are reduced to less than 3 horizontal : 1 vertical with bench terracing for benches greater than 10 metres in height.

(3) implement acid rock drainage prevention techniques.

of 261


of 261


Part 3 Machinery

Subdivision 3.1 General Provisions for Machinery

3101. Code of safe working practice

(1) The Manager of a mine, quarry, works or associated plant shall draw up for the approval of the Chief Inspector a code of safe working practice to be used by all persons engaged in the installation, maintenance and repair of any machinery, equipment or appliance;

(2) In particular the Code of Safe Working Practice shall specify procedures for prevention of danger arising from the inadvertent start up or electrical energising of such machinery, equipment or appliances;

(3) The manager shall establish a Code of Safe Working Practice which establishes the pre-check of any equipment being used at the mine by the operator.

(4) The Manager shall ensure that the provisions of such codes of safe working practice are observed at all times.

3102. Responsibility of manager for mechanical or electrical apparatus

(1) The manager of a mine where a mechanical appliance or electrical apparatus are used shall take all reasonable precautions to ensure the safety of persons on the mine site.

(2) Where under any law or regulations, a competent mechanical Engineer or electrical engineer has to be appointed to be in charge of machinery, he shall be responsible for the compliance with the regulations affecting the safety of persons, but the appointment of such a person shall not relieve the manager of any personal responsibility.

(3) Every resident engineer or competent engineer mentioned in these Regulations shall report to the manager any mechanical or electrical defect or condition which may be dangerous to life or limb.

3103. Condition of safety appliances

The manager shall ensure that the prescribed safety appliances are maintained in good working condition and properly used and shall stop the working of any apparatus the use of which appears in any way to have become dangerous.

of 261


3104. Competent person to be in charge

(1) All machinery shall be in charge or under the supervision of competent persons.

(2) All machinery in use shall be kept in good working condition and in thorough repair, and machinery in use shall be adequately protected from the vagaries of the weather.

3105. Continuous supervision necessary

No person having charge of any mechanical appliance which, for the safety of life or limb requires constant supervision may for any reason whatever absent himself from or cease to have continual supervision of such mechanical appliance during the periods for which he is in charge unless he be replaced by a competent person, nor shall any person in charge of such mechanical appliance, be caused, or allowed to work more than eight hours per day. This limit may be exceeded where written permission has been given by the manager.

3106. Efficient guards to be provided

(1) Efficient guards shall be provided for such parts of machinery and electrical apparatus as may be a source of danger to persons.

(2) The Manager shall ensure that such guards are kept in position and properly maintained, provided that when such a guard is temporarily removed for the purpose of repairs proper precautions shall be taken for the safety of persons and on completion of such repairs the guard shall be securely replaced.

3107. Fences and guards not to be removed

No person shall damage or remove without the consent of the Manager any fence or guard erected to protect persons from dangerous places, exposed machinery, electrical apparatus and plant.

3108. No interference with machinery

(1) Unauthorised entry into any place where machinery and electrical apparatus are erected is prohibited. Notice to this effect shall be posted up at all entrances.

(2) No unauthorised person shall tamper with or otherwise interfere with machinery erected or being erected for use.

3109. Repairing, oiling, etc. of machinery in motion

(1) The repairing, adjusting, cleaning or lubricating of machinery in motion shall not be undertaken by any person other than a competent person where there is

of 261


a risk of personal injury and then only when it is impracticable to stop such machinery.

(2) Automatic devices for oiling machinery whilst in motion shall be resorted to wherever practicable.

3110. Belt driven machinery

(1) Where it is necessary to stop and start belt-driven machinery without interfering with the speed of the prime mover a suitable appliance for the purpose shall be permanently fitted.

(2) Where machinery is in motion the shipping and unshipping of the driving belt is forbidden, except that the customary shifting of light belts on the cone pulley of machine tools for the purpose of altering the working speed may be permitted.

3111. No loose outer clothing allowed in proximity of machines

No person in close proximity to any moving machinery shall wear or be permitted to

wear loose outer clothing.

3112. Personal protective equipment to be provided

The Manager shall ensure that suitable goggles, face masks or screens are provided to protect the eyes of operators, and of any other person in the immediate vicinity, and these shall be used by such persons when:

(a) grinding surfaces of metal, stone, concrete or similar materials by means of a power driven wheel or disc;

(b) chipping or scaling painted or corroded metal surfaces or mechanically wire-brushing such surfaces;

(c) welding or cutting metals by means of electrical, oxy-acetylene or similar processes;

(d) treating stone, metal, concrete, slag or similar material where danger to the eyes may arise.

3113. Safety tags and locks

(1) Safety tags shall be designed to warn other personnel of a defect in an appliance, system or machine and shall be strictly adhered to.

(2) Specific tag out procedures may apply to different machinery, however, the following shall be generally observed:

of 261


(a) Whenever a motor or a part of a moving machinery is to be worked on, the person responsible for the job shall isolate the machinery from power supply, lock out and tag it at the control device and shall keep the key.

(b) All persons working on a motor or a part of a moving machine shall put their personal tag and shall remove it only when they have finished working.

(c) No person other than the person who put the lock and tag shall remove such lock and tag.

(d) Where the job can not be completed the supervisor shall be informed and he may ask that the key be kept by the person doing the job or he may replace the lock with that of the company and tag it accordingly.

(3) Locks shall have the following specifications:

(a) Locks shall be of good quality.

(b) Each lock shall have its individual number and the issuing of locks shall be documented.

(c) Only one key per person per lock is allowed and a duplicate key shall be kept under lock and key and only the manager shall have access to it. The use of the duplicate key shall be documented.

(d) All machinery and installations shall be designed in such a way, that the position of main switches can be secured with locks.

3114. Work procedure and work permits for hot works and in restricted areas

(1) The manager shall establish a work procedure for commencement, the execution and termination of works which could be dangerous for the workers themselves, for mine equipment and installations, for the public or the environment. This refers to works in dangerous or restricted areas, confined spaces, welding outside a workshop, in shafts and on electrical equipment.

(2) The work procedure shall be based on a risk assessment and shall describe step by step, all activities to be carried out and measures of precaution to be taken in order to reduce the risk of accidents to a minimum level.

(3) Works as described may only commence after the issuance of a work permit by a competent person who is authorised by the manager.

3115. Labelling of electrical distribution system and piping network

(1) For electrical equipment and installations a centrally located lay out plan which indicates all main supply and feed lines for the site together with each

of 261


original source shall be in place. In this plan, all main distribution systems shall be listed with general area distinction and outlets indicated.

(2) Electrical equipment shall be labelled in the following form:

(a) All distribution boards shall identify on the outside.

(b) All main switches shall be labelled in accordance with the statutory requirements and shall be accessible from the outside when the distribution board is locked.

(c) All circuit breakers, within the panel shall be labelled. It shall be the responsibility of the person carrying out the Installation of such units to label the switches accordingly immediately after this work.

(d) All fuses shall be labelled, or where board design does not accommodate this a legend shall be attached.

(e) All corresponding control switches shall be labelled appropriately.

(3) A piping network shall be labelled in the following form:

(a) All critical valves and pipeline valves shall have an appropriate aluminium tag fixed to the valve. Where for security reasons it is undesirable to identify the pipeline contents for general information a key to codes shall be left at the main gate for issue to the fire department if they are called to the site.

(b) All main valves in pump houses, supply and control feed points for chemicals, gases, utility and lines shall be labelled.

(c) The direction of flow shall be indicated. This shall include ring mains system.

3116. Safety Signs

Safety signs shall be posted to warn, give guidance and protect persons on the site of a mine, quarry, works or associated plant in areas in which machinery and installations can lead to danger.

3117. Warning signal before starting a machine

No machine shall be started if by so doing any person is likely to be exposed to danger unless adequate warning has been given that such machine is about to be started.

of 261


Subdivision 3.2 Elevators

3201. Elevators not to be used for transport of persons without permission

No elevator shall be used for the transport of persons except with the permission of the Chief Inspector of Mines in writing, who may impose such restrictions and conditions as he may deem fit, provided that properly authorised persons may travel on elevators without such permission for the purpose of examination and repairs.

3202. Precautions for safety of persons in vicinity of elevator

The manager shall ensure that all reasonable precautions are taken for the safety of persons working in the vicinity of the elevator.

3203. Periodic examination of elevator

The manager shall appoint a competent person who shall carefully examine:

(a) at least once each day the engine or motor, all drums and sheaves and all safety appliances;

(b) at least twice in each week the guides and ropes;

(c) at least once in each month the entire elevator plant and all fittings and appliances in connection therewith.

The report of such examinations shall be recorded without delay in a book specially set aside for that purpose and this book shall, at all times, be open to the Inspector.

The manager shall take immediate steps to rectify any defects that may be detected by any examination.

3204. Locking doors of entrances to hatchway

All entrances to hatchways shall be provided with substantial doors or gates, which shall be kept closed and locked except when in actual use.

3205. Construction and safety catches of elevator car

The elevator car shall be:

(a) of substantial construction and provided with efficient safety catches; and

(b) fitted with a gate or bar to prevent goods from falling out.

of 261


Subdivision 3.3 Lifting Machines

3301. General provisions of lifting machines

No lifting machine or lifting tackle shall be used unless:

(a) it is of good construction, sound material, adequate strength and free from any visual defects;

(b) it is so used that the safety of persons is not endangered;

(c) it is provided where practicable, with a brake or other device which automatically prevents the inadvertent downward movement of the load when the raising effort is removed;

(d) it is provided where practicable, with a limiting device which will cut off automatically the power when the load reaches its highest working position; and

(e) the maximum load it is designed to carry with safety is marked conspicuously and clearly on it;

(f) when the load varies with conditions of use such as the varying angle of the jib, a table showing the maximum load for every variable condition shall be posted up in a conspicuous place easily visible to the operator, provided that, with jib cranes, tower cranes and the like the Chief Inspector may require the installation and use of either visual or auditory safe-load indicators or both.

3302. Lifting machines to be erected or dismantled under supervision of competent person

(1) No lifting machine shall be erected or dismantled unless under the supervision of a competent person.

(2) No lifting machine shall be used for the first time in a mine, quarry, works or associated plant unless it has been proof load tested and thoroughly examined by a competent person.

3303. Examination of lifting machines by competent person

(1) At every mine, quarry, works or associated plant, a competent person appointed for that purpose by the Manager shall thoroughly examine at intervals not exceeding twelve months all parts and working gear whether fixed or movable including the anchoring and fixing appliances of any crane, grab or winch operated by mechanical power and used as a lifting machine.

(2) No crane, grab or winch operated by mechanical power other than a new machine which has been dismantled or out of regular use for a period

of 261


exceeding two months, shall be taken into use as a lifting machine at any mine, quarry, works or associated plant for the first time at that mine unless immediately prior thereto all parts and working gear thereof, whether fixed or movable including the anchoring and fixing appliances have been thoroughly examined by a competent person appointed for that purpose.

(3) Records of such examinations shall be entered and signed in a register to be kept in the mine.

3304. Design of controls of lifting machines to prevent accidental operation

The controls of any lifting machine shall be suitably placed and so constructed as to prevent accidental or inadvertent operations of such controls.

3305. Suitable diameter of drum or pulley

Any drum or pulley around which the chain or wire rope of any lifting machine is carried shall be of suitable diameter and construction for the chain or rope used thereon.

3306. Three last turns shall remain on a winding drum

Any chain or rope which terminates at the winding drum of any lifting machine shall be properly secured thereto and at least three turns of such chain or rope shall remain on the drum in every operating position of such machine, except where the design of such machine permits less than three turns.

3307. No unattended load permitted from any lifting machine

No load shall be suspended from any lifting machine which is unattended and which may be a source of danger to any person.

3308. No person allowed to be carried by lifting machine

No person shall be raised, lowered or carried by any lifting machine. Notwithstanding the provision of this regulation a person may be raised or lowered within the safe limits of the appliance for the sole purpose of making a working place safe.

3309. Safety factors for cranes

(1) Power driven mobile cranes shall be so constructed as to hold without overturning a sustained load, in weight not less than 1.5 times the safe working loads for ordinary lifting duty when the crane is standing on level ground.

(2) Cranes used for grabbing duties shall be so constructed as to hold without overturning a sustained load, in weight not less than 1.5 times the safe working loads for ordinary lifting duty when the crane is standing on level ground.

of 261


3310. Lifting machines to be operated by or under supervision of competent person

No lifting machine shall be operated other than by a competent person or by a person under the direct supervision of a competent person for the purpose of training.

3311. Signalling for lifting machines

Any signal given for the movement or stopping of any lifting machine shall be distinctive in character such that the person to whom it is given is able to see or hear the signal distinctly.

3312. Persons to observe safety distance to working lifting machines

No person shall work on or near, or order any other person to work on or near, any wheel track of any travelling lifting machine in any place where the person may be liable to sustain injury by the passage of such lifting machine unless adequate precautions are taken to ensure his safety.

3313. Load to be adequately secured

Every part of the load shall be adequately secured whilst being raised, lowered or transported by any lifting machine.

3314. Containers to be designed to prevent spillage

Any container used for raising or lowering material shall be so designed as to prevent spillage provided that this regulation shall not apply to a grab, shovel or similar excavating equipment if adequate precautions are taken to ensure the safety of persons.

3315. Register for lifting machines

The Manager shall ensure that there is maintained a record showing the condition and location of all lifting machines with the safe working load in excess of one thousand kilograms.

3316. Hooks

Every hook used for the lifting of loads shall be designed and proportioned, or shall be provided with a device so that no accidental disconnection of the load can take place.

3317. First examination of chains and ropes

(1) No chain shall be taken into use for the first time unless it has been examined and tested by a competent person.

of 261


(2) No wire rope sling with a safe working load exceeding one thousand kilograms shall be taken into use for the first time unless it has been thoroughly examined by a competent person.

(3) The Manager shall ensure that a record is kept for such examination and testing.

3318. Use of defective ropes, chains or slings prohibited

No person shall use or permit or instruct any other person to use any rope, chain or sling which is defective. Any such defective rope, chain or sling shall be destroyed forthwith.

3319. Warning device on specific lifting machines

The Manager shall ensure that every lifting machine on which the operator travels shall be fitted with an effective audible warning device.

3320. Lifting appliances

(1) No lifting appliance shall be used:

(a) on a soft or uneven surface, or on a slope, in circumstances in which the stability of the appliance is likely to be affected unless adequate precautions are taken to ensure its stability; nor

(b) unless it is securely anchored or adequately weighted by suitable ballast properly placed on the structure so as to ensure its stability.

(2) Any overhead track upon which a travelling lifting machine moves shall be provided with effective stops at its ends.

3321. Platforms for the operation of lifting appliances

Any platform used for the operation of a lifting appliance shall be:

(a) of sufficient area for all persons required to work thereon to do so in safety;

(b) close planked or plated;

(c) provided with safe means of access; and

(d) provided with guard-rails and toe-boards.

3322. Safe working load to be plainly marked, not to be exceeded

(1) There shall be plainly marked on every crane, grab or winch used at, or forming part of the equipment of a mine the safe working load or loads thereof except that, in the case of a jib crane so constructed that the safe working load may be varied by the raising or lowering of the jib, there shall be attached

of 261


thereto either an automatic indicator of safe working loads or a table indicating the safe working loads at corresponding inclinations of the jib or corresponding radii of the load.

(2) No person shall, except for the purpose of a test, load any such crane, grab or winch as aforesaid beyond the safe working load marked or indicated thereon in pursuance of the foregoing paragraph.

(3) This regulation shall not apply to winding apparatus with which a mine shaft or winze is provided, or to any rope haulage apparatus.

of 261


Subdivision 3.4 Aerial Ropeways

3401. Clearance of aerial ropeways

(1) The minimum distance from the ground of any conveyance on a ropeway shall not be less than five metres except within loading and unloading station limits, or with the permission in writing of the Chief Inspector.

(2) The factors of safety of all parts of an aerial ropeway shall be subject to the approval in writing of the Chief Inspector.

(3) No person shall travel, or be allowed to travel on an aerial ropeway except with the permission in writing of the Chief Inspector.

(4) Aerial ropeways may cross over thoroughfares, roads, railways or tramways subject to the previous approval of the Chief Inspector, who may impose such conditions as he may consider necessary.

(5) No structure or thing shall be erected or placed under or within a horizontal distance of 7.5 metres of an aerial ropeway.

of 261


Subdivision 3.5 Steam Boilers and Air Receivers

3501. General provisions for steam boilers

Every steam boiler and all its fittings and attachments shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained.

3502. Safety valves and pressure gauges for steam boilers

Every steam boiler shall have attached to it –

(1) two suitable safety valves separate from and incapable of being isolated by any stop-valve, which shall be so adjusted as to prevent the boiler being worked at a pressure greater than the maximum permissible working pressure and shall be attached directly to or as close as practicable to the boiler;

(2) a suitable stop-valve connecting the boiler to the steam pipe;

(3) a correct steam pressure gauge, connected to the steam space and easily visible to the boiler attendant, which shall indicate the pressure of steam in the boiler in kilo Pascals and have marked upon it, in a distinctive colour, the maximum permissible working pressure;

(4) at least two water gauges to show the water level in the boiler and, if the gauges are of the glass tubular type, they shall be provided with efficient guards but not as to obstruct the reading of the gauges.

3503. Safety devices for steam boilers

Every steam boiler shall be provided with-

(1) means of attaching a test pressure gauge,

(2) a suitable fusible plug or an efficient low-water alarm device.

3504. Precautions before opening steam boilers

When a steam boiler is being emptied and opened for cleaning, for repairs, or for any other purpose, and while such cleaning or repairs is or are in progress, special precautions shall be taken to ensure the safety of persons employed thereat or who may be in the vicinity of the boiler.

3505. Examination of steam boilers

(1) Every steam boiler and all its fittings and attachments shall be thoroughly examined by a competent person at least once in every period of twelve

of 261


months and also after any extensive repairs, in the first place when the boiler is cold in the second place when the boiler is under normal steam pressure.

(2) Every steam boiler shall be tested by water pressure at least once in every period of twenty-four months.

The hydraulic testing pressure applied shall be five hundred and twenty kilo Pascal above the maximum permissible working pressure in boilers in which the maximum permissible working pressure exceeds five hundred and twenty kilo Pascal.

Boilers in which the maximum permissible working pressure does not exceed five hundred and twenty kilo Pascal shall be tested to double the maximum permissible working pressure.

(3) A report of the result of every such examination and test shall be entered in the Boiler Record Book, which shall be kept at the mine specially for that purpose, and shall be signed by the person who made the examination or test. The Boiler Record Book shall be open for inspection by an Inspector.

3506. Examination of used steam boilers

No steam boiler which has previously been used shall be taken into use at a mine for the first time at that mine unless it has been examined, tested, and reported upon in accordance with regulation 3505.

3507. Manufacturers certificate for new steam boilers

(1) No new steam boiler shall be taken into use at a mine unless there has been obtained from the manufacturer of the boiler a certificate specifying the maximum permissible working pressure thereof, and stating the nature of the tests to which the boiler and fittings have been submitted.

(2) The certificate shall be made available for inspection by an Inspector, and the boiler shall be so marked as to enable it to be identified as the boiler to which the certificate relates.

3508. Notice of use of a steam boiler

Before any steam boiler is taken into use at a mine for the first time at that mine the manager shall give written notice to the Chief Inspector of Mines.

3509. Inspection of steam boilers

(1) The Inspector shall have the power to examine periodically steam boilers externally and internally and shall carry out such test as he may consider necessary.

of 261


(2) The manager shall see that all parts of the boiler are thoroughly cleaned and prepared for inspection or for water test as the case may be, in accordance with instructions given by the Inspector.

3510. Record book for steam boilers

The dates on which a steam boiler is cleaned or examined, and the condition of the boiler at such examination, and a full report of any alterations or repairs to the boiler, shall be entered without delay in the Boiler Record Book.

The Boiler Record Book shall be signed by the person responsible for such work and each entry shall be initialled by the manager or his representative.

3511. Notice before start of repair of steam boiler

The manager of a mine where a steam boiler is in use shall give written notice to the Inspector when any important repairs are to be executed on the boiler.

3512. General provisions for air receivers

(1) Every air receiver shall have marked upon it so as to be clearly visible the year of manufacture and the authorised working pressure.

(2) All air receivers used for the storage of air or gas shall be of sound construction and properly maintained to the satisfaction of the Inspector and shall, where required by the Inspector be fitted with an apparatus for showing the pressure of the air or gas contained therein, and shall also be fitted with a safety valve provided that where there is no receiver on the surface the pressure gauge and safety valve may be fitted to the pipe conveying the air or gas.

3513. Testing air receivers

The manager shall ensure that receivers are tested at intervals not exceeding two years. The test shall be by hydraulic pressure to the extent of one and one-third of the working pressure over a period to be determined by the Inspector.

3514. Records of tests of air receivers

A written record of such test, signed by the person conducting the same shall be made in the Compressor Record Book which shall be kept at the mine specially for that purpose, and such book shall be in the manager’s possession and always opened for inspection by an Inspector.

3515. Inspection of air plant and record of inspections

(1) All compressed air receivers, intercoolers, and their connections to air cylinders, the discharge of which results or is likely to result in the contents

of 261


being inhaled by persons in or about the mine or works, shall be kept clear and free of carbonised oil and other material liable to ignition and shall be opened and examined by the engineer appointed under regulation 1819 of these Regulations, or other duly authorised person at intervals not exceeding three months.

(2) A written record and date of each such inspection shall be made in the Compressor Record Book, and shall be signed by the person conducting the inspection who shall be responsible for the compliance of this regulation.

(3) All other types of receivers shall be opened and examined as provided for in sub-regulation (1) of this regulation at intervals not exceeding twelve months.

3516. Supply of air for compressors

The supply of air for air compressors shall be drawn from the purest and coolest source available.

3517. Fusible plugs and thermometers

Where required by the Inspector suitable fusible plugs as well as thermometers or pyrometers the indications of which can be clearly read, shall be fitted close to the outlet valves or the discharge pipes from all air cylinders and on the outlet pipes of intercoolers of air compressors when operating in combination with receivers mentioned in sub-regulations (1), (2) and (3) of regulation 3515.

The highest temperatures allowed shall be indicated by a red mark on a scale and it shall be the duty of the attendant in charge to see that this temperature is not exceeded and he shall also record the thermometer or pyrometer readings at least once during each shift.

3518. Shell of air receiver to be visible for external inspection

Every air receiver shall be so mounted that the shell is visible for external inspection at all times and provision shall be made for the free expansion of the shell under all conditions of temperature.

3519. Safety devices of air receivers

(1) Every air receiver shall have at least one reliable safety valve which shall be so loaded that it will lift when the authorised pressure is exceeded; the area available for discharge of air shall be such as to prevent accumulation of pressure greater than ten per cent above the authorised working pressure.

(2) Adequate precautions shall be taken to ensure that the load setting of every safety valve cannot be altered by any unauthorised person.

of 261


(3) No stop valve shall be placed between any safety valve and any receiver which it serves.

(4) When loaded by a weight or a spring acting on a lever, the load shall act only at the extreme end of such lever.

(5) Every safety valve shall be so constructed that it shall be free to rotate on its seat.

(6) Every air compressor, except one which discharges into an air receiver and cannot be closed off therefrom, shall be provided with a pressure release valve or other automatic device capable of preventing an accumulation of pressure greater than that for which such air compressor was designed or ten per cent above the pressure for which the system into which the air compressor discharges was designed whichever is the lesser pressure.

3520. Drain valve of air receivers

(1) Every air receiver shall be provided with at least one drain valve which shall be so arranged that persons operating it are not exposed to danger from the discharge from such drain valve.

(2) Every air receiver shall be drained with sufficient frequency to ensure that no dangerous amount of water or sludge is allowed to accumulate.

Subdivision 3.6 Electrical Systems

3601. Competent electrical engineer

At every mine, quarry, works or associated plant where electrical apparatus is being used, there shall be at least one competent engineer in accordance with regulation 1819 of these Regulations, and such appointment shall be in writing.

3602. Manager to ensure good condition of electrical apparatus

(1) The Manager shall ensure that all electrical apparatus shall be of good construction, suitable material, adequate strength, free from patent and any other defect and properly maintained.

(2) Any place where electrical apparatus is installed and which may constitute danger to persons, shall be adequately fenced off or effectively enclosed.

of 261


3603. Yearly examination of electrical systems

(1) The manager shall ensure the thorough examination of the entire electrical distribution system and the electrical equipment once per year.

(2) Earth conductivity tests shall be conducted at least once per year on all earthing systems.

(3) Ground resistance tests of all main substations shall be conducted at least once per year.

(4) Records of the examinations and tests prescribed in subregulations (1), (2) and (3) shall be kept by the manager and readily made available for inspection by an Inspector.

3604. Scheme for installation, use and examination of electrical apparatus

(1) The manager shall formulate a scheme with respect to the installation, re-installation and use of electrical apparatus at the mine.

(2) The scheme referred to in subregulation (1) shall include furthermore provisions concerning the:

(a) examination and testing of all electrical equipment before it is energized after installation or re-installation;

(b) systematic examination and testing of all electrical apparatus to ensure proper maintenance thereof;

(c) nature of the examination and testing to be carried out;

(d) procedure to be followed and precautions to be taken to ensure the safety of persons working on electrical apparatus; and

(e) identification of installations and the recording of the results of examinations and tests.

(3) The manager shall ensure that electrical systems are labelled according to regulation 3115.

(4) The manager shall ensure that safety signs according to regulation 3116 are posted.

(5) The manager shall ensure that records of examinations and tests prescribed in sub-regulations (1) and (2) are maintained for a period of five years.

3605. Notice of electrical installations

The manager of a mine shall send to the Chief Inspector for approval:

(a) particulars of the proposed major installation before installing any electrical installation at the mine;

of 261


(b) particulars of the proposed alteration or addition before undertaking any major alteration or major addition to any existing or future electrical installation at the mine.

3606. Plans of electrical apparatus operating at a voltage in excess of 220 V

Where there is installed electrical apparatus operating at a voltage in excess of two hundred and twenty volts, there shall be kept -

(a) at the office concerned on the mine, plans or distribution diagrams showing the general electrical arrangements for all such apparatus;

(b) at each main sub-station accurate distribution diagrams showing the electrical arrangements of each main circuit immediately associated with the sub-station switchgear. Such switchgear shall be adequately labelled. The plans shall be kept up to date and shall be open to inspection by an Inspector.

3607. Switchgear and cable connections to be protected

Switchgear and all terminals, cable ends, cable joints and connections of equipment shall be constructed and installed and all live parts shall be so protected and enclosed to the satisfaction of the Inspector as to prevent accidental contact by persons and danger from electrical faults, arcs, fire and water.

3608. Use of electrical equipment

(1) All electrical equipment and conductors shall be sufficient in size and strength for the purpose and they shall be so selected, arranged, installed, protected, worked and maintained as to prevent danger so far as is reasonably practicable.

(2) No person is allowed to operate any electrical equipment, unless he or she has been instructed in its use and has been duly authorized to do so.

(3) A person who operates a portable electrical machine shall:

(a) carefully inspect the machine and the flexible cable attached thereto prior to operating the machine;

(b) on observing any defect not start the machine until the defect has been rectified; and

(c) satisfy himself or herself that the electric current is cut off from the flexible cable and machine before leaving the workplace.

(4) The manager shall take such steps as may be necessary to ensure that:

(a) current is switched off from all conductors and equipment which are not in use;

(b) no work is undertaken on any live conductor or live part of equipment

of 261


(c) where the equipment must be live for the purpose of examination, adjustment, testing, repair or other work, such work may only be undertaken by a person duly authorized to do so and using the appropriate tools and protective equipment;

(d) any insulating material is suitable for the purpose for which it is used;

(e) provision is made to confine safely any oil or other fluid which may escape from electrical equipment;

(f) as far as is practicable, no metal ladder or ladder with metal reinforced tiles may be used for examination, repair or other work necessitating dangerous approach to or work on electrical equipment.

3609. Faulty electrical equipment

(1) An employee, or any other person at a mine shall immediately report to a responsible person any defect in electrical equipment at that mine, of which they are aware, which to their knowledge may render that equipment unsafe.

(2) Faulty electrical equipment shall be disconnected completely from power supply, locked at the switchgear and tagged “faulty – out of order”.

3610. Examination and repairs

(1) No examination, repairs or alterations necessitating the handling of the electrical equipment shall be carried out whilst such equipment is live. The provisions of regulation 3114 shall be observed.

(2) Whenever work is being carried out on electrical equipment which has been disconnected from all sources of supply, adequate precautions shall be taken by earthing or other means to discharge electrically such electrical equipment or adjacent electrical equipment if there is a danger therefrom, before it is handled, and to prevent any conductor or electrical equipment from being accidentally or inadvertently electrically charged whilst persons are working thereon.

(3) All switches controlling electrical equipment or conductors shall be locked and tagged in the open position while work is being done on the equipment or conductors, according to regulation 3113.

(4) The manager shall ensure that adequate facilities, working space and access to such space are provided at the mine to ensure that any person undertaking electrical work at that mine is able to do so such that, so far as is practicable, they are not exposed to hazards.

of 261


3611. Electrical control gear

(1) The manager shall ensure, that:

(a) any electrical installation and power line is provided with adequate protective devices and controlling equipment which shall, automatically isolate the power supply in the event of a fault developing on such installation or power line;

(b) a switchgear is designed in such way that it cannot be closed accidentally by gravity, impact or any other cause and is provided with a cover to prevent accidental contact with live parts;

(c) controlling equipment are marked or labelled prominently so as to identify the system or part of the system or the electrical machinery which it controls.

(2) The manager shall ensure that a passageway not less than 2 metres wide is provided in front of every switchboard in each generating station or electrical switch room at the mine.

(3) The manager shall ensure that no portion of any switchboard or any of its attachments is less than 750 millimetres from any wall where there are any connections at the back of the switchboard.

(4) The manager shall ensure that the space between the switchboard and any wall shall be:

(a) firmly and evenly floored; and except in the case of a low-voltage switchboard, accessible from each end through a door secured with such a lock as may be opened from inside without the use of a key; and shall not be:

(i) used as a store room or lumber room;

(ii) obstructed in any way; or,

(iii) crossed by any cable except below the floor or at a height above the floor of not less than 2.25 metres.

(5) The manager shall ensure that, where the supply of electricity at the mine is at a voltage exceeding the limits of low voltage:

(a) there is no live metal work on the front of the main switchboard within 2.5 metres of the floor or platform and the space provided under Sub-regulation (3) is not less than 2.25 metres in the clear; and,

(b) switch-gear does not contain oil.

(6) The manager shall ensure that circuit breakers are arranged so that when the contact levers open outwards no danger exists of their striking any person attending to them.

of 261


(7) The manager shall ensure that every fuse and every automatic circuit breaker at the mine is so constructed as effectually to interrupt the current:

(a) when a short circuit occurs; or

(b) when the current passing through the fuse or circuit-breaker exceeds by:

(i) 200 per cent the working current of the motors; or,

(ii) 100 per cent the maximum current of the cables permitted under these regulations which the fuse or automatic circuit-breaker protects.

(8) The manager shall ensure that every fuse at the mine is stamped, marked or labelled so as to indicate the current at which it is intended to fuse.

(9) The manager shall ensure that each coil of fuse wire at the mine is stamped, marked or labelled so as to indicate the current at which it is intended to fuse.

(10) The manager shall ensure that a fuse, circuit breaker or other protection device is not adjusted or replaced except by an authorised competent person.

(11) The manager and the person in charge of a generator station or electrical switch room shall ensure that every opening of a generator circuit breaker or generator fuse is recorded by the person in charge of the generator station or machine room where it occurs by entering the fact, date, and time of the occurrence in the registry book and signing the entry.

(12) The manager shall ensure that every sub-circuit is protected by a fuse on each pole, but in the case of the earthed middle wire of a three-wire system the fuses may be on the outers only.

(13) The manager shall ensure that every circuit at the mine having a current of more than 5 Amperes at any voltage not exceeding extra-low voltage, or 3 Amperes at any voltage above extra-low voltage, is protected by:

(a) an automatic maximum current circuit breaker on each pole; or,

(b) a detachable fuse on each pole constructed in such a manner as enables it to be removed from a live circuit with a minimum risk of shock.

(14) The manager shall ensure that, where necessary and to the extent practicable, and so that employees are not exposed to hazards, the electricity supply to an item of plant or equipment at the mine is capable of being interrupted from a position remote from the item of plant or equipment.

(15) No person shall interfere with or render ineffective any protective device.

3612. Motors

(1) The manager shall ensure that every motor at the mine, together with its starting resistance, is protected by:

of 261


(a) a fuse or a circuit breaker constructed in accordance with sub-regulation (2); and,

(b) self-latching switches capable of entirely cutting off the voltage and fixed in a convenient position near the motor.

(2) The manager shall ensure that every motor of 30 kilowatts or over in a machine room underground at the mine is provided with a suitable ammeter to indicate the load on the machine.

(3) The manager shall ensure that the frames and bedplates of all motors at the mine, other than portable motors, are efficiently earthed if the voltage at the terminals where the electricity is used exceeds the limit of extra-low voltage.

(4) The manager shall ensure that where any un-armoured cable or wire passes through any metal frame or into any box or motor-casing at the mine, the aperture in the frame, box or motor-casing is substantially bushed with insulating collars and, where necessary, with gas-tight bushings which cannot readily become displaced.

(5) The manager shall ensure that every terminal box of a portable motor at the mine is securely attached to the machine or forms a part of it.

3613. Insulation of electrical equipment

(1) The manager shall ensure that insulating floors are provided for switchboards where low or any higher voltage is used.

(2) The manager shall ensure that every switch, circuit breaker and fuse at the mine complies with such applicable standards or codes of practices prescribed under these regulations, or otherwise directed by the Chief Inspector.

(3) The manager shall ensure that every live part of a switch, circuit breaker or fuse at the mine, not being in a machine room or in a compartment specially arranged for the purpose, is covered with incombustible material, either non-conducting or of rigid metal, clear of all internal mechanism.

(4) The manager shall ensure that every main and distribution switchboard and fuse board at the mine:

(a) complies with applicable standards or codes of practices prescribed under these regulations, or as otherwise directed by the Chief Inspector; and

(b) is fixed in as dry a position as practicable.

(5) The manager shall ensure that all terminals and any live metal on machines underground at the mine are protected with insulating covers or metal covers connected to earth where practicable.

of 261


(6) When the insulation of a motor is found to have become damp during any stoppage, the person in charge of the motor shall cause the insulation to be thoroughly dried before putting the motor into operation again.

3614. Electrical equipment to be earthed

(1) There shall be connected to earth at the surface of the mine in such manner as will ensure immediate electrical discharge without danger:

(a) every metallic covering of any cable;

(b) the outer conductor of every concentric cable;

(c) every metallic part of any covering or container of or mounting for, any other electrical equipment;

(d) any handle for the operation of any electrical equipment.

(2) Sub-regulation (1) of this regulation, shall not apply to a lamp-holder efficiently protected by a covering made of fire resisting material which is either insulated or earthed.

(3) Without prejudice to the generality of sub-regulation (1), any earthing conductor installed for the purpose thereof shall have a conductivity throughout including any joint not less than half that of the conductor having the greatest current carrying capacity in relation to which it is provided and shall have a cross-sectional area not less than sixteen square millimetres provided that:

(a) in relation to a flexible cable by which electricity is supplied at a voltage not exceeding one hundred and ten to portable equipment, nothing in the preceding provisions of this sub-regulation shall require the earthing conductor to have a cross-sectional area greater than six square millimetres, and

(b) in relation to a flexible cable by which electricity is supplied to portable equipment of capacity not exceeding three kilowatts at the surface of a mine, being a cable comprising an earthing conductor, nothing in the preceding provisions of this regulation shall require the earthing conductor to have a cross-sectional area greater than that of any one of the other conductors in that cable.

(4) No switch, fuse or circuit breaker shall be placed in any earthing conductor; this shall not preclude the use of an isolator in the neutral conductors of alternators or transformers.

(5) The manager shall ensure that each earthing system at the mine is capable of ensuring:

(a) reliable operation of electrical protective systems and devices; and,

of 261


(b) adequate protection against contact with conductive parts which have become live under fault conditions.

(6) The manager shall ensure that the frames and bedplates of generators and transformers shall be efficiently earthed if the voltage at the terminals exceeds the limits of extra-low voltage.

(7) The manager shall ensure that in every completely insulated circuit earth or fault detectors are kept connected up in every generating and transforming station so as to disclose immediately any defect in the insulation of the system.

(8) The manager shall ensure that all metal coverings and armourings of cables at the mine are electrically continuous throughout and efficiently earthed in any case in which the voltage at the terminals where the electricity is used exceeds the limit of extra-low voltage.

(9) The manager shall ensure that:

(a) any earthing system installed at that mine is connected to the earthing system established at the surface of the mine by means of a continuous earthing conductor;

(b) no earthing electrode is installed at that mine; and,

(c) any single phase alternating current apparatus installed at the mine is supplied from a double insulated, sheeted, portable single phase equipment,

provided that these requirements do not apply to parts of that mine which are such distance from places where electrical shot firing methods are employed such that not complying with these requirements will not expose persons to hazards.

(10) The manager shall ensure that the neutral point of an alternating current electrical system is effectively earthed to the main earthing system.

(11) The manager shall ensure that an earthing system at the mine which incorporates an impedance complies with the requirements for protection against indirect contact set out in any applicable standards that are prescribed under these regulations, or otherwise as directed by the Chief Inspector.

3615. Earth leakage protection

(1) A suitable method of earth leakage protection shall be provided for all alternating current circuits except for circuits below extra low voltage.

(2) Earth leakage protection equipment shall be provided with means by which tests of its operation may be made.

(3) Earth leakage protection equipment shall be rated to isolate the power supply at not more than 500 Milliampere of leakage current.

of 261


(4) Earth leakage protection shall be provided for a circuit supplying portable apparatus and shall operate at a leakage current not exceeding 30 mill amperes (mA).

3616. Interference with electrical equipment

A person shall not wilfully or recklessly damage, or without authority, remove or render useless any electrical safety device or any part of any equipment, electric line or machine used in connection with the supply or use of electricity at a mine.

3617. Unauthorised and unsafe switching and interruption to electricity supply

(1) A person shall not isolate or restore the electricity supply to all or any part of a mine unless they are so authorised by a responsible person.

(2) A person shall not isolate or restore the electricity supply to all or any part of a mine unless they have satisfied themselves that it is safe to do so.

3618. Lightning and surge protection

The manager shall ensure that:

(1) suitable equipment is provided to protect any electrical installation from abnormal voltage due to atmospheric electric discharges and switching surges.

(2) installations, buildings and other structures at the mine are protected against the effects of lightning.

(3) efficient lightning arrestors are provided in connection with any overhead transmission line from the generating station to the shaft or mine entrance at the mine.

3619. Conductors

(1) The manager shall ensure that all electrical conductors or other electrical equipment at the mine are:

(a) sufficient in size and have adequate current-carrying capacity for the work they are required to perform;

(b) efficiently covered or safeguarded;

(c) so installed, worked and maintained as to reduce, so far as is practicable, to the minimum any danger from accidental shock or fire or over-heating; and,

(d) so constructed and worked as to ensure that the rise in temperature due to ordinary working will not injure any insulating material employed in its construction or installation.

of 261


(2) The manager shall ensure that the size of any copper conductor used at the mine (except overhead wires used on the surface) has relation to:

(a) the maximum current of electricity which it is required to transmit;

(b) the class of insulation which it possesses; and,

(c) the dimensions set out in any applicable standards that are prescribed under these regulations, or as otherwise directed by the Chief Inspector.

(3) The manager shall ensure that all conductors inside the mine, except as otherwise provided in these regulations, are continuously covered with insulating material.

(4) The manager shall ensure that every conductor at the mine is maintained completely insulated from earth, except that:

(a) the concentric system with earthed outer conductor may be used if arrangements are made to ensure that any danger from fire or shock is reduced to a minimum; and,

(b) the neutral point of a poly-phase system, and the middle wire of a three-wire continuous-current system, may be earthed at one point.

(5) The manager shall ensure that every conductor, other than an armoured cable, which is intended for a higher voltage than low voltage is protected with a suitable covering in addition to the proper insulation.

(6) The manager shall ensure that every precaution is taken to prevent electric signal and telephone wires from coming into contact with other electric conductors, whether insulated or not.

3620. Cables

(1) The manager shall ensure that, subject to the remaining requirements of this Section, cables at that mine comply with the requirements of applicable standards that are prescribed under these regulations, or otherwise in accordance with such directions of the Chief Inspector.

(2) The manager shall ensure that cables at the mine are installed, located and maintained so as to:

(a) not obstruct access ways;

(b) minimise the risk of damage being caused to the cable; and,

(c) separate the cable from other services at the mine.

(3) The manager shall ensure that cables installed in a part of that mine at which quarrying operations are undertaken, or which is an underground mine or cables installed on a dredge at the mine, are protected by a metallic or steel wired armoured XLPE or PBC/SWA/PBC covering that:

of 261


(a) is electrically continuous;

(b) is connected to earth;

(c) is protected against corrosion;

(d) is securely attached to equipment at each end; and,

(e) encloses all of the conductors of the cable (including the earthing cable),

provided that this sub-regulation does not apply to:

(a) a trailing or reeling cable;

(b) a cable or conductor energized at a voltage not exceeding extra-low voltage;

(c) a flexible cord not exceeding 3 metres in length that is permanently connected to a portable apparatus;

(d) a cable used in a floating treatment plant as part of a dredging operation; or,

(e) a cable used for telephone or signalling purposes.

(4) The manager shall ensure that any cables installed in the ground at the mine, which operate at a voltage exceeding extra-low voltage) are:

(a) installed in accordance with any applicable standards that are prescribed under these regulations, or otherwise as directed by the Chief Inspector;

(b) installed with orange cable marker tape;

(c) where necessary to ensure that, so far as is practicable, persons are not exposed to hazards, installed with surface cable route indicators; and,

(d) where there is a material risk of the cable being disturbed by a man-made ground disturbance or where the cable is located in a trafficable area, protected by either steel wire armouring (if buried directly in the ground) or a substantial heavy duty wiring enclosure.

(5) The manager shall ensure that excavation work is not carried out in the vicinity of buried cables unless, prior to the commencement of that work, an assessment is made as to what measures should be employed so as to ensure that, so far as is practicable, such work does not expose persons to hazards and the work is carried out consistently with those measures.

(6) The manager shall ensure that the exposed ends of cables at the mine where they enter the terminals of switches, fuses or other appliances are protected and finished off so that:

(a) moisture cannot creep along the insulating material within the waterproof sheath; and,

of 261


(b) the insulating material, if of an oily nature, cannot leak out of the cable.

(7) The manager for an underground mine shall ensure that small wires for lighting circuits at the mine are:

(a) appropriately insulated, encased, protected and fixed; or,

(b) appropriately tied or suspended.

(8) The manager shall ensure that all metallic pipes used at the mine are electrically continuous and earthed.

(9) The manager for an underground mine shall ensure that all separate uncased wires used at the mine are kept at least 5 centimetres apart and not brought together except at lamps, switches or other fittings.

(10) The manager shall ensure that wires are suspended or fixed using materials designed for that purpose.

(11) The manager shall ensure that every cable used in a shaft is:

(a) highly insulated and substantially fixed; and,

(b) where it is not capable of sustaining its own weight, properly supported at intervals varying according to the weight of the cable.

(12) The manager shall ensure that where a cable used in a shaft is not completely boxed in and protected from any falling material, it is placed so as to leave such space between it and the side of the shaft as will enable it to yield to, and lessen, the impact of the falling material.

(13) The manager shall ensure that no cable in a shaft is fixed in a winding compartment.

(14) The manager shall ensure that any cable in a drive or road along which any material is conveyed that cannot be kept at least 30 centimetres from any part of a truck or tram is specially protected.

(15) The manager shall ensure that cables and wires at the mine, unless provided with metallic coverings, are not fixed to walls or timbers by means of metallic fastenings.

(16) The manager shall ensure that where repairs are being carried out or blasting is being done in a drive or road, suitable protection is provided for the protection of any cable in the drive or road.

(17) The manager shall ensure that every overhead bare wire on the surface of the mine is:

(a) properly secured to insulators;

of 261


(b) except in the case of a wire carrying a voltage not exceeding low voltage, provided with efficient lightning arrestors; and,

(c) clear of all traffic with a minimum ground clearance which is such as to, so far as is practicable, minimise hazards but not less than 5.5 metres.

(18) The manager shall ensure that every joint made in any cable at the mine is mechanically and electrically efficient and is suitably soldered where reasonably practicable.

(19) The manager shall ensure that when shot-firing cables or wires are used in the vicinity of power or lighting cables, every precaution is taken to prevent the shot-firing cables or wires from coming into contact with the lighting or power cables.

(20) The manager shall ensure that electricity from lighting or power cables is not used for firing shots.

(21) Cables supplying electrical power from surface to underground shall be fed

of 261


3621. Flexible and trailing cables

(1) Only a flexible cable or trailing cable is allowed in connection with the operation of

(a) any self-propelled mobile machine;

(b) movable electrical equipment;

(c) portable electrical equipment.

(2) Flexible cable or trailing cable shall be screened, where necessary, and such screens shall be earthed.

(3) At any point where any flexible cable is joined to a main cable, a switch shall be provided to cut off the current from the flexible cable.

(4) Trailing cables to trackless vehicles shall have a protection by a pilot wire and a system of monitoring of the earth continuity that automatically disconnects the electricity supply to a cable if there is a break in the earth conductor.

(5) Trailing cables to trackless vehicles shall be examined for mechanical damage monthly. The examination shall be recorded.

3622. Electrical provisions for trackless vehicles

All electrical safety devices of trackless equipment as drilling rigs shall be examined after relocating it from one place to the other and before putting the equipment into use.

3623. Permitted voltage

(1) The manager shall ensure that no electrical voltage higher than a low voltage is used underground at the mine except for the purpose of transmission.

(2) The limitations and restrictions imposed by sub-regulation (1) on the use underground of a voltage higher than low voltage do not apply to transformers and induction motors in which the whole of the high voltage circuit is not in linear motion.

(3) The manager shall ensure that any high voltage conductors (other than overhead lines above ground) which form the connections of the transformers or motors referred to in sub-regulation (2) or are otherwise used in connection with the supply are:

(a) completely enclosed in a strong armouring or metal casing sufficiently connected to earth; or,

(b) fixed at such a distance or in such a manner as reduces to a minimum any danger from fire or shot.

of 261


(4) The manager shall ensure that all high voltage machines, equipment and lines at the mine are clearly indicated as being of high voltage by the use, at frequent intervals, of:

(a) the word "HIGH VOLTAGE" in red paint and, where practicable, indicating the voltage level; or

(b) some other conspicuous method.

(5) The manager shall ensure that all terminals and live metal on machines over low voltage above ground at the mine are, where practicable, protected by insulating covers or metal covers connected to earth.

(6) The manager shall ensure that portable machines are not used at a voltage higher than a low voltage, unless designed by the manufacturer to safely operate above that level.

3624. Transformed energy

Where electrical energy is transformed suitable provision shall be made to guard against danger by reason of lower voltage equipment becoming accidentally charged above its normal voltage by leakage from or contact with the high voltage equipment.

3625. Protection of electrical equipment

The manager shall ensure that electrical equipment at the mine which exceeds extra low voltage has an enclosure, shield, automatic disconnection device or other device or feature so as to prevent a person inadvertently coming into contact with live parts of the equipment.

3626. Switch and transformer premises

(1) Any enclosed premises housing switchgear and transformers shall be

(a) of adequate size so as to provide safe working space for operating and maintenance staff;

(b) constructed in such a manner that persons cannot reach in and touch bare conductors or exposed live parts of the electrical machinery;

(c) sufficiently ventilated to maintain the equipment at a safe working temperature;

(d) where necessary, provided with lighting that will enable all equipment, thoroughfares and working areas to be clearly distinguished and all instruments, labels and notices to be easily read;

(e) provided with unobstructed doors or gates which open outwards;

(f) as far as is practicable, constructed so as to be proof against rodents, leakage, seepage and flooding.

of 261


(2) No person other than an authorized person is allowed to enter premises housing switchgear or transformers.

3627. Notices to be posted

The following notices, clearly legible and constructed of durable material, shall be posted at suitable places within electrical generating stations, winding engine rooms, main sub-stations and pump stations, and elsewhere as may be necessary to minimise danger:

(a) a notice warning persons of the proximity or presence of dangerous electrical equipment;

(b) a notice prohibiting unauthorised persons from entering, operating or interfering with a electrical equipment of any description;

(c) a notice in the form of an illustrated chart explaining the treatment of electrical shock;

(d) a notice containing directions upon the procedure in case of fire; and

(e) a notice mandating the use of appropriate tools and protective equipment as required for the use, maintenance or examination of electrical equipment.

3628. Generating plants and sub-stations to be adequately fenced off or enclosed

Every electricity generating plant and all main sub-station equipment shall be adequately fenced off or enclosed and notices prohibiting unauthorised persons from entering shall be placed at all designated places of ingress; when such plant or equipment is unattended by an authorised person, all designated places of ingress shall be kept closed and locked to prevent unlawful access.

3629. Trolley lines

(1) Suitable insulated trolley line conductors shall be so arranged that persons cannot inadvertently come into contact with the current-carrying parts, and shall be provided and properly maintained throughout the length of any trolley line conductor.

(2) The trolley line conductor shall be installed at a height in excess of 2.4 metres above the rail at any place where-

(a) loading or unloading of vehicles is regularly carried out; and

(b) maintenance or repair of locomotives or other rolling stock is regularly effected.

(3) Effective means shall be provided for cutting off the supply of electricity of the trolley line conductor system to any section on the same level, and such

of 261


section being so controlled shall not exceed an installed length of one thousand metres.

(4) Effective means shall be provided by bonding or otherwise to ensure that the track system overrun by locomotives operating from trolley line conductors is continuous throughout, and that the resistance of any joint shall not be greater than the resistance of ten metres of the track rail.

(5) Reasonable precautions shall be taken to ensure -

(a) that no metallic structure or thing in the vicinity of a trolley line conductor shall attain a potential above that of the earth; and

(b) the safety at all times of any persons working or walking in close proximity to trolley line conductors;

(6) The supply of electricity shall be cut off from any trolley line system which is not in use.

(7) There shall be provided on any electrically propelled equipment whether supplied with electricity from trolley or storage batteries a device actuated by the driver such that its release in an emergency will automatically disconnect the supply of electricity to the driving motors.

(8) Control levers of electrically propelled equipment shall be so arranged that such levers cannot be removed whilst there is supply of electricity to the supply motors.

3630. Fire prevention in electrical installations

(1) The supports for electrical equipment and the compartments in which it is installed shall be of such material and arranged in such a manner as to reduce the potential for a fire to a minimum.

(2) No flammable material shall be stored or placed in the same compartment as electrical equipment.

(3) A fire extinguishing device shall be provided in each area where electrical equipment is installed.

(4) The fire extinguishing device prescribed in subregulation (3) shall be,

(a) of a type approved for use on electrical fires;

(b) of a size recommended for the size and type of equipment;

(c) located convenient to an exit from the area; and

(d) maintained in good condition for immediate use.

of 261


Overhead Lines

3631. Factors of safety for overhead lines

The design of overhead lines shall comply with the Electricity Company of Ghana Standards and the respective minimum factors of safety shall apply to all conductors and supports and shall refer to the breaking load of the same. Such minimum factors of safety shall be subject to the approval in writing of the Chief Inspector.

3632. Distances from roads, railways, etc. of overhead lines

Overhead lines may be erected along or across thoroughfares, roads, railways, tramways or buildings according to the Electricity Company of Ghana Standards and subject to previous approval in writing of the Chief Inspector who may impose such conditions as he may consider necessary.

3633. Distance from explosive magazines of overhead lines

No overhead line shall be erected nearer than eighty metres to any explosives magazine, except with the previous approval of the Chief Inspector.

3634. Clearance of overhead lines

(1) The minimum vertical height of electrical conductors and other wires from the ground, except in the case of electric trolley wires and service lines for lighting, domestic use and telephone lines, shall be according to the Electricity Company of Ghana Standards.

(2) The manager shall ensure that the minimum clearance requirements for the movement of vehicles and machinery under, and in the vicinity of, overhead power lines at the mine must take into account of the hazards of raised truck trays and raised crane booms.

(3) The manager shall ensure that the following activities are not carried out in any power line corridor unless the minimum clearances required under sub-regulation (2) can be assured:

(i) drilling, excavating, loading, hauling or dumping;

(ii) the construction, fabrication, maintenance or storage of buildings, structures, machinery and equipment;

(iii) operation of vehicles or machinery with elevating parts that do not afford the required clearance when fully raised.

(4) In sub regulation (3) – "power line corridor" means -

(a) the area under any overhead power line that has not been properly isolated; and,

of 261


(b) the area of 10 metres on each side of the area referred to in paragraph (a)

3635. Design of overhead line

On every overhead line all conductors shall be adequately insulated and secured, and every precaution shall be taken to prevent such conductors from falling away from their supports.

3636. Breakage of conductors

Adequate means shall be provided to render any live conductor dead in the event of its falling due to breakage or otherwise.

3637. Line conductors to be rendered inaccessible

Line conductors shall be rendered inaccessible to any person from any building or other place without the use of a ladder or other special appliance.

3638. Supports of overhead lines

All supports shall be of substantial construction and shall comply with the Electricity Company of Ghana Standards.

3639. Service line

Service lines shall be connected to line conductors at a point of support only and shall be adequately insulated.

3640. Telephone lines

No telephone line shall be placed on the same support as other overhead lines, except with the previous approval of the Chief Inspector.

3641. Lines crossing other lines

No overhead line conductor shall cross over or under any other line conductor without sufficient precautions being taken to prevent the contact of such conductors.

3642. Inspection and maintenance of overhead lines

(1) Every overhead line including its supports and all structural parts and all electrical appliances and devices belonging to or connected with the line shall be regularly inspected and efficiently supervised and maintained as regards electrical and mechanical conditions.

(2) No structure, machinery, or thing shall be erected or placed, without the previous approval of the Chief Inspector, under or within a horizontal distance

of 261


of an overhead line except as prescribed by the Electricity Company of Ghana Standards.

of 261


Subdivision 3.7 Winding Apparatus and Winding Engines-Excluding Elevators

3701. Appointment of Winding Operations Manager

At every underground mine where winding operations are undertaken, there shall be appointed a competent person to manage all winding operations undertaken at that mine and such appointment shall be in writing.

3702. Approval of installation of winding systems

The manager shall ensure that the approval of the Chief Inspector is obtained to the installation of a winding system, for the transportation of persons or materials, at the mine or to a major modification to an existing such system, provided that approval is not required for the installation of hoists to be used for:

(a) winze sinking;

(b) rising;

(c) stope servicing; or,

(d) any similar purpose.

(2) For the purposes of obtaining the approval referred to in sub-regulation(1), the following shall be submitted to the Chief Inspector:

(a) plans showing the layout of the system;

(b) such information as necessary to demonstrate the system will comply with the requirements of these regulations; and,

(c) such other information required by the Chief Inspector.

3703. Approval of components of winding systems

If required by the Chief Inspector by notice in writing the manager for that mine shall ensure that approval of the Chief Inspector is obtained for:

(a) the use of such components of the winding system for that mine (such as winding engines or haulage apparatus) specified in the notice; and/or,

(b) any repair, modification or alteration of any components of the winding system for that mine specified in the notice.

3704. Notification of repairs

(1) Subject to sub-regulation (3), the manager shall ensure that the Chief Inspector is notified of any intention to carry out repair, modification or alteration to a main structure, safety device or other safeguard of a winding engine at the

of 261


mine and that such notice is accompanied by a description of the work proposed to be undertaken.

(2) A notice under sub-regulation (1) shall, if practicable, be provided not less than fourteen (14) days prior to the commencement of the relevant work and, where this is not practicable, then shall be provided as soon as possible after the need to undertake the work becomes apparent.

(3) Where sub-regulation (1) is not able to be complied with due to the need to undertake emergency repairs or modifications, then notice must be given to the Chief Inspector as soon as possible after the emergency repairs or modifications have been undertaken.

3705. Winding apparatus to be provided with suitable locking device or brake

Winding apparatus in use in mines shall be provided with a suitable locking device or brake to hold the drum stationary when a fully loaded bucket or kibble or other receptacle is suspended from the winding rope.

3706. Brakes, devices, minimum rope and sheaves

(1) Winding engines shall be provided with one or more adequate brakes on every drum or drum shaft, being brakes which can easily be manipulated by the engine driver when he is at the levers controlling the engine; such brake or brakes shall be kept in proper working order.

(2) (a) There shall be in the drum of the winding engine such flanges or horns, and also if the drum is conical or spiral such other appliances as may be sufficient to prevent the rope from slipping off.

(b) There shall not be less than three rounds of rope upon the drum when the cage or skip or other means of conveyance is at the lowest point of the shaft from which hoisting is going on. The end of the rope shall, where applicable, be properly fastened around an arm or the shaft of the drum.

(c) In the case of an engine where no part of the rope is rigidly fixed to the drum there shall be no dangerous slipping of the rope on the drum under any possible working conditions.

(d) In this regulation “drum” and “drum shaft” shall include sheave and sheave shaft respectively.

(3) Except as otherwise approved by the Chief Inspector, each manager shall ensure that the diameter of a drum or head sheave used in drum winding operations at the mine is not less than:

(a) in the case of a locked coil rope, 100 times the diameter of the rope; and,

of 261


(b) in the case of any other type of rope, 80 times the diameter of the rope.

(4) The manager shall ensure that the depth of any rope groove in a head sheave at the mine is not less than twice the diameter of the rope

(5) The manager shall ensure that all hoists at the mine are provided with at least one brake system that:

(a) is able to stop safely and hold the shaft conveyance under all conditions of loading, direction of travel and speed;

(b) will be automatically applied when the supply of power to the hoist fails or the pressure of any fluid or other medium used as a means of controlling the brake falls below a predetermined level;

(c) has a brake holding capacity capable of supporting a load not less than two times the maximum static load normally hoisted from the lowest operating position in the shaft;

(d) has parts that have a factor of safety of not less than 10 with screwed members in tension having a factor of safety of not less than 15.

(6) The operator of a winding engine shall ensure that the brake of that engine is fully applied when a person is getting on or off the conveyance.

(7) A person shall not lower a winding conveyance where it contains any person or material by use of the brake alone.

(8) A person shall not enter, or allow another person to enter, a cage, skip or kibble that is held in place by the brake alone when the clutch of the winder drum is not engaged.

3707. Single gear drum winding

(1) The manager shall ensure that, where a winding engine at the mine used for drum winding operations is provided with two drums, then, except in an emergency, a person is not raised or lowered in a shaft conveyance connected with the engine while one of the drums is out of gear and loose on the drum shafting on which it operates.

(2) The manager shall ensure that, if a double drum winding engine at the mine has one drum out of gear, that drum is prevented from revolving while so out of gear.

3708. Permission required for raising or lowering of persons

(1) No winding engine or apparatus shall be used -

(a) for the raising or lowering of persons, or

of 261


(b) for the raising or lowering of rocks, water, tools or other materials when persons are working under or below the same;

unless the written permission of the Chief Inspector has been granted to use the winding engine or apparatus and such written permission may impose special conditions for the use of the winding engine or apparatus.

(2) Before such permission is granted the winding engine or winding apparatus shall be tested to the satisfaction of the Inspector who shall fix the maximum number of persons to be allowed in the conveyance and who shall fix the maximum allowable winding speed.

(3) A notice showing clearly the number of persons allowed to ride in the conveyance shall be kept posted up at each landing place and the maximum number of persons so fixed shall not be exceeded.

(4) The safe speed for winding of men shall be determined for each shaft, and this speed shall not be exceeded. Men shall not be hoisted at a speed faster than 10 m/s.

3709. Cast iron drums prohibited

The manager shall ensure that cast iron drums are not used unless with the written permission of the Chief Inspector of Mines.

3710. Design of winding engine and operation of brakes

(1) The winding engine shall be so constructed that:

(a) when running at various speeds with light and heavy loads it can be readily slowed and stopped and after stopping can be immediately started again in either direction by the engine driver; and

(b) each winding drum when unclutched from the engine can be maintained in the position of rest, with no more slipping than 0.3 metres, by means of its own brake or brakes -

(i) when bearing its maximum working load, and

(ii) when this load is increased to the extent of doubling the authorised load of the cage or skip. In estimating the authorised load for persons seventy five kilograms shall be allotted for each person.

(2) The driver of a winding engine shall ensure that a cage or skip in which any person is travelling is not accelerated or decelerated by the winding engine at a rate greater than 1.5 metres per second per second provided that in the case of emergency the deceleration shall not be less than 2 metres per second per second and not more than 5 metres per second per second.

of 261


(3) The manager shall ensure that where an automatic winding engine is used at the mine, the automatic controls do not allow the winding engine to exceed the rates prescribed in sub-regulation (2).

3711. Reliable depth and speed indicator necessary

(1) Every engine used in raising or lowering persons or material in shafts or winzes exceeding thirty metres in depth shall be provided with a reliable depth indicator, in addition to any marks on the drum, which will clearly and accurately show to the engine driver at his driving seat at all times the position of the cage, skip or other means of conveyance in the shaft and also at what places in the shaft changes of gradient necessitate reduction in speed.

(2) A reliable speed indicator shall be attached to the winding engine. Exemptions may be granted by the Chief Inspector of Mines for special conditions.

(3) A winding engine at the mine shall not be used for winding while a depth or speed indicator is disconnected.

(4) Each electric winding engine at the mine shall be fitted with an ammeter that is maintained in proper working order and clearly indicates to the driver the level of electric current being drawn by the electric motor driving the winding engine.

3712. Clutch of winding drums to be provided with locking arrangement

The operating mechanism of the clutch of every winding drum shall be provided with a locking arrangement which shall be used to prevent inadvertent withdrawal of the clutch. If the clutch is not clearly visible from the driver’s operating position, means shall be provided to indicate to the driver at all times the extent to which the clutch is engaged or disengaged.

3713. Brakes shall be fully applied automatically before opening clutch of winding drum

It shall not be possible to disengage the clutch of any winding drum unless the brake or brakes of such drum are fully applied and it shall not be possible to release the brake or brakes of such drum until the clutch is fully engaged and securely locked.

3714. Overwinding and overspeeding

(1) A suitable automatic device to prevent overwinding and overspeeding of cages or other conveyances shall be provided at every winding shaft or winding engine.

Such automatic device shall be so constructed as:

of 261


(a) to prevent the descending cage or other conveyance from being landed at the lowest entrance to, or bottom of, the shaft or winze at a speed exceeding 1.5 metres per second; and

(b) to prevent the shaft conveyance from exceeding a speed 15% greater than the approved maximum designed speed; and

(c) to control the speed of the shaft conveyance in any part of the shaft to predetermined limits; and to control the movement of the ascending cage or other conveyance to prevent danger to any person therein.

(2) The skipway on the headgear shall be carried without any obstruction to a height of at least eight metres above the landing place of persons.

(3) Where winding is carried out in a shaft or winze there shall be fitted above the bank spring keps or some other effective contrivance to support any conveyance as the result of an overwind.

(4) The bottom of a shaft or winze where winding is carried out shall be kept reasonably free of accumulation of water and some efficient device, approved by the Chief Inspector, shall be installed to arrest the speed of the descending cage, skip or other conveyance particularly on the occurrence of an overwind.

This device shall be in addition to the automatic device mentioned in sub-regulation (1) of this regulation.

(5) The manager shall ensure that, in respect of each winding engine at the mine, appropriate devices are provided in the shaft head-frame, or tower, that remove the power from the winding engine and, by automatic application of the brakes, bring the winding drum or driving sheave to rest before any shaft conveyance, counterweight or rope attachment reaches any permanent obstruction to its passage.

(6) The manager shall ensure that any device provided on a winding engine at the mine to permit backing out from an overwound position responds to manual control only, and allows withdrawal from the over-wind position only.

of 261


3715. Particulars of new winding ropes

(1) The manager shall ensure that, at least twenty one (21) days before a new winding rope is used at the mine, there is provided to the Chief Inspector a certificate from the manufacturer of the rope setting out:

(a) full details of the construction of the rope;

(b) the class of steel used in the construction of the rope; and,

(c) the breaking force of the rope

(2) The Chief Inspector may, if the Chief Inspector has concerns as to the authenticity of a certificate submitted to the Chief Inspector under sub-regulation (1), require a test of the breaking force of the rope to be undertaken, at such place and in such manner approved by the Chief Inspector, and submitted to the Chief Inspector prior to the rope being placed into service and the manager shall ensure such requirement is complied with.

3716. Examination of new ropes and connecting apparatus

(1) A winding rope newly put on and also the connecting apparatus between the rope and the cage, skip or other conveyance, shall be carefully examined by some competent and reliable person authorised thereto by the manager, and shall not be used for the ordinary transport of persons in any shaft or winze until after it has been run two complete trips up and down the working portion of the shaft or winze, the cage or other means of conveyance attached thereto bearing its authorised load.

(2) Non-destructive tests shall be carried out on newly installed ropes within one week. Copies of these tests shall be submitted to the Chief Inspector of Mines.

(3) The result of the above examination shall immediately be recorded in the Machinery Record Book, kept as provided in regulation 3768 of these Regulations, and such book shall always be open to inspection by the Chief Inspector of Mines.

3717. Records of winding rope

(1) The manager shall ensure that the following records are kept in respect of each winding rope used at the mine:

(a) the certificate number of the rope;

(b) the name of the shaft or winze in which the rope is used;

(c) where applicable, the compartment of the shaft in which the rope is used;

of 261


(d) the date on which the rope was put on;

(e) each date on which the rope was shortened and the amount of the shortening on each occasion;

(f) each date on which the rope was re-capped;

(g) each test undertaken of the rope and the results of that test;

(h) each date on which the rope was examined, cleaned and oiled; and,

(i) the date upon which the rope was taken out of service.

(2) A person making a record under sub-regulation (1) shall ensure that their identity and the date on which the record was made is clear from the face of the record.

(3) The manager shall ensure that the records required to be maintained under this regulation, in respect of a rope, are retained for a period of not less than five (5) years from the date the rope is permanently taken out of service.

3718. Testing of Winding ropes

(1) The manager shall ensure that each rope used on a drum winding engine at the mine:

(a) is recapped at not greater than six monthly intervals or such shorter period required by an inspector;

(b) has, at not greater than six monthly intervals, 4.00 metres cut from the shaft conveyance or counterweight end for destructive tensile testing in a manner required by the Chief Inspector; and,

(c) if required by an inspector, has after its first year of operation a sufficient length cut from the shaft conveyance or counterweight end to enable a breaking and elongation test to be made of 4.00 metres of the rope which has repeatedly passed over the head shave, which test is to be conducted in such manner required by the Chief Inspector.

(2) The manager shall ensure that if there are two or more layers on a drum at the mine, that two (2.0) metres of the rope used on the drum winding engine is cropped at twelve (12) monthly intervals at the drum end so as to ensure that the position of the crossover points of the rope on the drum are changed.

(3) Except as otherwise approved by the Chief Inspector, the manager shall ensure that the structure of each drum winding rope at the mine is examined at intervals of not greater than 6 months over its entire working length by a non-destructive method to determine whether there has been any deterioration of the rope.

(4) The manager shall ensure that a record is maintained of any examination or test made pursuant to this regulation, setting out the date upon which the

of 261


examination or test was carried out, the person who carried out the examination or test and the results of the examination or test.

(5) The manager shall ensure that the records required to be kept under sub-regulation (4) are maintained for five (5) years from the removal of the relevant rope from service.

3719. Winding ropes to be tested if required by Chief Inspector of Mines

At the request of the Chief Inspector of Mines an adequate sample of any winding rope shall be submitted by the manager for such tests as the Inspector may require.

3720. Spare rope to be kept where persons are hoisted

At every mine where persons are raised or lowered at least one spare rope of the type specified in the preceding regulation shall always be kept in reserve ready for use.

3721. Retirement criteria of winding rope

Unless damage or deterioration is removed by cut-off, wire ropes shall be removed from service when any of the following conditions occur:

(1) The number of broken wires within a rope lay length, excluding filler wires, exceed either:

(i) 5 percent of the total number of wires; or

(ii) 15 percent of the total number of wires within any strand.

(2) On a regular lay rope, more than one broken wire in the valley between strands in one rope lay length;

(3) A loss of more than one-third of the original diameter of the outer wires;

(4) Rope deterioration from corrosion;

(5) Distortion of the rope structure;

(6) Heat damage from any source;

(7) Diameter reduction due to wear that exceeds 6 percent of the base line diameter measurement

(8) Loss of more than 10 percent of the rope’s strength as determined by non destructive testing; and

(9) When the rope reaches the statutory rope life according to regulation 3723.

of 261


3722. Capping of winding ropes

(1) The manager shall ensure that the method used for capping winding ropes at the mine has been approved by the Chief Inspector.

(2) The manager shall ensure that the method used for capping winding ropes at the mine is of a proven design that provides a minimum factor of safety of seven (7) when applied to the maximum static load on the capped end of the rope.

(3) The manager shall ensure that a winding rope which is capped to secure the rope to a shaft conveyance or counterweight by means of a capel or socket is not used at the mine unless that capping has been made not more than 6 months prior to the date of its use.

(4) The manager shall ensure that a rope which has been recapped is not used on any winding engine at the mine unless on the last occasion on which it was recapped the capping was moved a distance of not less than 150 millimetres along the rope towards the standing end of the rope.

3723. Cage and skip attachments

(1) The manager shall ensure that the components of attachments between winding ropes, or balance ropes, and cages, skips, kibbles or counterweights at the mine:

(a) comply with any standards or codes of practice that are prescribed under these regulations, or as otherwise directed by the Chief Inspector;

(b) do not use a screwed suspension member in tension except for swivels used on balance ropes

(c) do not have any main component welded;

(d) do not use an open hook in hoisting operations;

(e) except for the initial heat treatment undertaken by the manufacturer, the attachment is not subjected to heat treatment; and,

(f) are not used for a period of more than ten (10) years.

(2) The manager shall ensure that records are kept of all shaft conveyance attachments used in the mine setting out:

(a) the shaft or winze in which the attachment is used;

(b) for multi-rope attachments, the location of the attachment on the conveyance;

(c) in the case of a shaft, the compartment in which the attachment is used;

(d) the attachment’s identification number;

(e) the date of installation of the attachment into service;

of 261


(f) each date of examination, cleaning, oiling and testing of the attachment, the results of any such examination and testing and the name of the person who undertook the relevant examination, cleaning, oiling or testing; and,

(g) the date of the removal of the attachment from service.

(3) The manager shall ensure that the records required to be kept under sub-regulation (2) are maintained for five (5) years from the removal of the relevant attachment from service.

3724. Life of rope

No winding rope which has been in use for three years shall be used for the raising or lowering of persons, except with the written permission of the Chief Inspector of Mines.

3725. Used ropes prohibited

The manager shall ensure that a rope:

(a) which has previously been used in one function at the mine, is not used in another function; or,

(b) which has previously been used in another mine, is not used at that mine,

without the approval of an inspector.

3726. Spliced ropes prohibited in shafts and winzes

In no case shall a spliced rope be used in a shaft or winze.

3727. Guides to be provided

(1) Vertical shaft exceeding fifty metres in depth shall be provided with guides for the cage, skip, bucket or other means of conveyance unless exempted in writing by the Chief Inspector.

Such guides shall -

(a) in a sinking shaft, allow the cross head to travel to a point not more than eighteen metres from the bottom; or

(b) in any other shaft extend to the lowest point from which winding takes place.

(2) The manager shall ensure that, unless otherwise approved by the Chief Inspector, guide ropes and rubbing ropes are of locked coil construction.

(3) The manager shall ensure that guide ropes or rubbing ropes are not used until an inspector has approved the:

of 261


(a) number;

(b) size;

(c) length

(d) disposition;

(e) method; and,

(f) type of attachment,

of the rope and the tension weight used with the ropes.

(4) The manager shall ensure that each guide and rubbing rope at that mine has a minimum factor of safety of 5.

of 261


Conveyances

3728. Conveyances

The manager shall ensure that any conveyance used in winding operations is:

(a) not obstructed in its passage in the shaft during operations;

(b) prevented from colliding with other objects in the shaft during operations; and,

(c) capable of preventing persons, rock, material and other things from protruding from, or moving in, the conveyance.

3729. Secure connection between rope and conveyance

The connection between rope and cage, skip, bucket or other means of conveyance shall be of such a nature that no accidental disconnection can take place and such connection shall be made in such a manner as is approved of by an Inspector.

3730. Securing of projecting materials during winding

When tools, wood, or other materials are being raised or lowered in a shaft or winze, their ends, if projecting above the top of the cage, skip, bucket, kibble or other conveyance, shall be securely fastened to the winding rope or to the bow of the conveyance.

3731. Restrictions regarding persons allowed to travel with mineral or explosives

(1) Except in the following circumstances, a person shall not ride in a shaft or winze in or on a cage, skip, kibble or other conveyance containing timber, pipes, rails, explosives, ore, waste rock or similar material or tools:

(a) where a person is travelling in a cage or skip with tools or materials for the purposes of repairing a shaft;

(b) where a person is carrying small tools in a suitable container;

(c) where a person is travelling with the person’s instruments;

(d) where a cage tender is travelling in a cage or skip with tools, explosives or materials; and,

(e) where a person is travelling in any other circumstances authorised by the Chief Inspector.

(2) A cage tender shall not:

(a) travel in a conveyance which contains material that is not securely fastened or otherwise secure; or,

(b) travel upwards with drill steel, timber, pipes or similar material.

of 261


(3) A person shall not ride in a deck of a multi-deck cage while a load other than passengers is in a higher deck.

(4) A person shall not ride in a shaft conveyance when equipment, long timber, rails or similar material is slung below the conveyance.

(5) The manager shall ensure that a person does not ride in a conveyance at the mine contrary to the remaining sub-regulations of this regulation.

3732. Restrictions regarding man riding

(1) Subject to the provisions of sub-regulations (2) of this regulation, no person shall ascend or descend a shaft or winze on the top of any cage or on the side, bow, rim, bail or carriage of any skip, kibble, truck or other means of conveyance, whether loaded or unloaded, or on the top of a loaded or in a partially loaded cage, skip, bucket, kibble, truck or other means of conveyance.

(2) This regulation shall not prohibit the riding on the top of a cage or on the bridle of a skip by persons engaged in shaft repairs or shaft inspections.

(3) In the case of vertical shafts a cover shall be provided to protect persons engaged in shaft repairs or shaft inspections and such persons shall be provided with and shall wear a safety belt or harness effectively secured to prevent them falling down the shaft.

3733. Man-riding in skips

(1) The manager shall ensure that the relevant winding engine driver is aware at all times when a person is riding in the skip at the mine controlled by that winding engine driver.

(2) The manager shall ensure that a person is not raised or lowered in an ore skip in a vertical shaft unless:

(a) the person stands on the bottom of the skip or on a platform provided in the skip for that purpose; and,

(b) provision is made for the safe entry and exit of the person.

3734. Acts prohibited while cage is in motion

(1) No person travelling in a cage or other conveyance shall change his place therein while the conveyance is in motion.

(2) No person shall get on or off or attempt to get on or off a cage or any other conveyance while such conveyance is in motion

(3) No person shall ride on the winding rope.

of 261


(4) No person shall smoke while travelling in a cage or any other conveyance.

3735. Filling, hooking, steadying, stopping and starting of sinking bucket

(1) In a shaft or winze in the course of sinking the bucket or other means of conveyance shall not be filled with loose rock or ground above the level of the brim.

(2) Before the bucket or other means of conveyance leaves the top or bottom of the shaft or winze it shall be steadied by or under the supervision of the workman in-charge who shall ensure that the bucket or other means of conveyance is properly hooked on.

(3) The bucket or other means of conveyance shall not be lowered directly to the bottom of the shaft or winze if men are present there, but shall be stopped at least five metres above the bottom until the signal to further lower it has been given by one of the sinkers thereat. This sub-regulation shall not apply to shafts or winzes in which the sinkers are not more that fifteen metres from the banksman.

3736. Manager to ensure maximum number of persons not exceeded

Before the raising or lowering of persons is permitted, the Manager shall be in possession of the written permission of the Chief Inspector of Mines mentioned in sub-regulation (1) of regulation 3707. The Manager shall take such steps as may be necessary including the appointment of a competent person, to ensure that sub-regulation (3) of regulation 3707 which requires the posting of notices at each landing stage to show the maximum number of persons allowed to ride in the conveyance is observed.

3737. Covers and doors of cages, skips and other conveyances

(1) Cages, skips or other conveyances used for conveying persons in vertical or steeply inclined shafts or winzes shall -

(a) have a proper roof or cover.

(b) be so constructed as to prevent any portion of the body of any person riding therein from accidentally coming into contact with the timbering or sides of the shaft; the Chief Inspector may exempt any existing shaft or winze from the provisions of this sub-regulation under such conditions as he may specify.

This sub-regulation shall not apply to conveyances used in sinking operations.

(2) Doors to cages shall be so fixed that they cannot be accidentally opened.

of 261


3738. Automatic operation of keps

When keps or any other contrivances are used for the purpose of landing a cage or other conveyance at any point in a shaft or winze, other than at the bank or the lowest point of travel for a skip, they shall be so arranged that they automatically fall clear and remain clear of the hoisting compartment when the cage or other conveyance is lifted off.

of 261


Repairs, etc.

3739. Winding during repairs

(1) No winding shall be permitted without the permission in writing of the Chief Inspector of Mines in a winding compartment of a shaft or headgear whilst persons are engaged in effecting repairs, conducting an examination or doing other necessary work in the shaft, except such winding as may be necessary for the purpose of such repairs, examination or other work.

(2) This regulation shall not prohibit persons from working who are adequately protected from the conveyances and other winding equipment used in such winding operations as well as from falling stones and falling material.

3740. Precautions in the case of shaft repairs

(1) Whenever repairs, examination or work in connection with the maintenance or installation of equipment in a winding compartment of a shaft or headgear are to be carried out, the person in immediate charge of such repairs, examination or other work shall -

(a) give notice to the winding engine driver that such repairs, examination or other work are to be undertaken;

(b) make an entry into the shaft log book and winding engine drivers log book that shaft repairs, examination or other work in the shaft are commencing;

(c) take with him from the winding engine room the special brass token; and

(d) ensure that all signals given to the winding engine driver shall be preceded by a special signal “A long bell”, “shaft repairs”.

(2) The person in immediate charge of such repairs, examination or other work shall be the only person authorised to give any signal, or to instruct any other person to give any signal, to the winding engine driver while such repairs, examination or other work are being undertaken.

(3) No other person is authorised to give any signal or instruct any person to give any signal while shaft repairs are in progress or when the brass token is removed from the winding engine room.

3741. Completion of shaft repairs

On completion of the repairs, examination or other work in a winding compartment of a shaft or headgear the person in immediate charge shall -

(a) return the brass token to the winding engine room and notify the winding engine driver that such work has been completed; and

of 261


(b) record such operations in the shaft log book and the winding engine drivers log book.

3742. Support of cages during repair

The manager shall ensure that when repairs are made to the clutches or brakes of a winding engine at the mine and if ropes are attached to the drums, that any affected skip, cage or counterweight is removed or firmly supported while the work is in progress.

3743. Brass token to be kept in conspicuous place in winding engine room

Except when repairs, examination or other work in a winding compartment of a shaft or headgear are being undertaken the special brass token shall be kept in a conspicuous place in the winding engine room and in full view of the winding engine driver when at the levers controlling the engine.

3744. Signals when brass token removed to be preceded by the signal “one long bell”

(1) Whenever the brass token is absent from the winding engine room the winding engine driver shall not set the engine in motion in response to any signal unless such signal has been immediately preceded by the special signal “one long bell”.

(2) No other special signal shall be employed in lieu of the special signal “one long bell” unless authorised in writing by the Chief Inspector and a copy of such authorisation shall be posted conspicuously in full view of the winding engine driver, at the shaft collar, and at every station.

3745. Precautions to be taken against fire where flame cutting or welding apparatus is used

(1) Where oxy-acetylene or other flame cutting or welding apparatus is being used in effecting repairs in a shaft or the headgear thereof, the person in immediate charge of such repairs shall take all precautions against burning material falling down the shaft and shall by the use of water or other coolant effectively render the place where such cutting or welding operations are being carried on safely from the hazard of fire.

(2) Suitable fire extinguishing equipment shall be provided and work procedures followed according to regulation 5210.

(3) Following the completion of such cutting or welding operations, the person in immediate charge of the operations shall -

(a) immediately thoroughly examine the site of such cutting or welding operations and the whole length of the shaft below such site with particular regard to the hazard of fire; and

of 261


(b) make a further examination as stated in sub-regulation 1(a) of this regulation not less than one hour or more than two hours after completion of such cutting or welding operations. On this second examination he shall be accompanied by a senior mine official of not lower rank than mine captain, and the results of such examination shall be logged and signed by both.

3746. Commencement of winding after stoppage

After any stoppage of winding for repairs or for any other purpose exceeding two hours duration, the winding engine shall not be used for raising or lowering persons until the cage, skip or other means of conveyance has been run at least one complete trip up and down the working portion of the shaft.

of 261


Signals

3747. Shaft signals required

Every winding shaft, if exceeding fifteen metres in depth and not exempted in writing by the Inspector, shall be provided with an efficient means of interchanging distinct and definite signals between the winding engine, the top of the shaft, and the lowest point from which winding is carried out, and the various intermediate stations for the time being in use, but this regulation shall not apply to signalling apparatus used during sinking operations.

3748. Each winding engine to be provided with a separate signalling system

Where more than one winding engine is in use at a shaft, a separate signalling system constructed as stated in regulation 3747 shall be provided for each winding engine in use.

3749. Unauthorised persons not to signal

No unauthorised person shall give any signal other than an accident signal, or in any manner whatsoever interfere with the signalling arrangements.

3750. Code for shaft signals

The following code of shaft signals shall be used and strictly observed : -

To raise when engine is at rest ... ... ... 1 BellTo stop when engine is in motion ... ... ... 1 BellTo lower ... ... ... ... ... ... 2 BellsMen about to ascend, descend or alight ... ... 4 BellsIn reply - Men may enter or leave cage or other conveyance...... 4 BellsChanging stations. ... ... ... 3 BellsStop conveyance ... ... ... ... ... 5-5 Bells until 5-5 bells have been repeatedAccident ... ... ... ... ... ... 5-5-5 BellsTransportation of explosives … … 6-6-6 BellsShaft Repairs... ... ... ... ... ... 1 long bell

STATION SIGNALSStation Bells Pause BellsNo 1 1 - 12 1 - 23 1 - 34 1 - 45 2 - 16 2 - 27 2 - 38 2 - 49 3 - 1

of 261


10 3 - 211 3 - 312 3 - 413 4 - 114 4 - 215 4 - 316 4 - 417 5 - 118 5 - 219 5 - 320 5 - 4

In no case shall any person enter or leave a cage or other conveyance until the signal “4 bells” has been received from the engine driver.

Special signals in addition to the above may be used at any mine provided they have been approved in writing by the Chief Inspector.

3751. Signals during blasting

The person in charge of blasting operations in a shaft in course of sinking shall notify the engine driver by a special signal when blasting is about to take place.

3752. Legible notice of signals

The before-mentioned code of signals, as well as any special signals that may be in use on a mine, shall be painted on a board or enamelled plate in the form of a distinctly legible notice in letters and figures not less than twenty-five millimetres in height and shall be conspicuously posted in the engine room, at the shaft bank and at all shaft stations for the time being in use.

3753. Authorisation of persons appointed to give signals

(1) The Manager or Underground Manager shall appoint a person or persons who shall be authorised to give signals at winding shafts.

(2) No person shall be authorised to give signals at a winding shaft where persons are raised or lowered unless he has satisfied the Manager or Underground Manager by examination that he has a thorough knowledge of-

(a) the code of signals prescribed under regulation 3750;

(b) the winding operations carried out at such shaft; and

(c) the regulations to be observed in connection with such winding operations.

Any appointment made under this regulation shall be in writing.

of 261


3754. Duties of persons authorised to give signals

At any winding shaft where persons are raised or lowered it shall be the duty of the person appointed under regulation 3753 to ensure that -

(a) the maximum number of persons allowed to travel in the conveyance is not exceeded;

(b) the doors or gates of the conveyance are properly closed when persons have entered therein;

(c) where applicable, the cover over the conveyance is in proper position before persons are allowed to enter conveyance;

(d) the doors, gates or barriers to the winding compartment are properly closed before the conveyance leaves the shaft station; and

(e) the provisions of regulations 3732 and 3746, which prohibits the riding on the side or bow of any skip, etc. and the use of the winding engine until the cage or skip has been run one complete trip, are properly observed.

of 261


Winding Engine Drivers, etc.

3755. Winch drivers

No person shall be in charge of a power winch or hoist used solely for the raising or lowering of rock or materials in a shaft or winze unless he has satisfied the Resident Engineer or his representative that he is suitable to be a winch driver.

3756. Winding engine drivers

(1) No person shall be in charge of a winding engine in a shaft or winze unless he is the holder of a winding engine driver’s certificate of competency granted by the Chief Inspector.

(2) No certificate shall be granted by the Chief Inspector unless the applicant has satisfied a Board consisting of the Inspector, the Resident Engineer or his representative and a Senior Underground Official that-

(a) he is literate;

(b) he has successfully completed the pre-requisite training;

(c) he is suitable to be a winding engine driver.

(3) No person whose sight or hearing is deficient or who is subject to any other infirmity, mental or physical, likely to interfere with the effective discharge of his duties shall drive, or be caused, instructed or permitted to drive any winding engine.

3757. Winding engine drivers to undergo regular medical examination

Every winding engine driver shall be medically examined at least once in every six months and if found to be unfit to perform his duties as a winding engine driver he shall not be allowed to take charge of a winding engine and his certificate shall be forwarded to the Chief Inspector.

Provided that within fourteen days of such finding he may appeal to the Chief Inspector for medical examination by an independent medical board.

3758. Certificate may be withdrawn in certain cases

Every winding engine driver who, in the opinion of the Inspector, is guilty of gross inattention to, or negligence in the execution of his duties as a winding engine driver or of any misconduct likely to be detrimental to the efficient discharge of his duties, may have his certificate endorsed, suspended or withdrawn by the Inspector who shall forthwith report such endorsement, suspension or withdrawal to the Chief Inspector.

of 261


Provided that an appeal shall lie from the decision of the Inspector to the Chief Inspector and notice of appeal shall be given within fourteen days of such endorsement, suspension or withdrawal.

3759. All tests to be recorded in winding engine driver’s certificate

Whenever a winding engine driver is to be placed in charge of a winding engine of which he has not previously been in charge, it shall be the responsibility of the resident engineer to examine and test him, to ascertain whether he is fully competent to take charge of such winding engine. The date of any such test shall be recorded in his certificate.

3760. Distinct signals to be received before starting engine

No driver shall set his winding engine in motion before he has received a distinct signal to do so and has repeated such signal in reply, except in accordance with instructions given to him by the Mine Manager or the Resident Engineer.

3761. Testing of brakes by driver

No driver shall declutch a drum of his winding engine until he has assured himself immediately beforehand by testing the brake of the drum against the full power of the engine that the brake is in a proper condition to hold the load suspended from the said drum.

3762. Speed of winding of persons and precaution against shocks

When raising or lowering persons the winding engine driver shall -

(a) not allow the winding speed to exceed that fixed by the Inspector;

(b) avoid shocks in starting; stopping and running the engine; and

(c) correctly apply every device and means at his disposal to prevent the conveyance from overrunning the highest or lowest landing place for persons, or any intermediate landing place to which the conveyance is signalled.

3763. Winding engine drivers log book

A log book shall be kept at each winding engine. The winding engine driver is responsible to keep an accurate log book. The design of the log book shall be approved by the Chief Inspector.

3764. Winding engine driver to observe certain provisions

Every winding engine driver shall, when applicable, carefully observe the provisions of regulation 3732 (3) (bucket to be stopped before reaching bottom), regulation

of 261


3744 (1) (signals when brass token removed to be preceded by the signal “1 long bell”) and regulation 3750 (Code of shaft signals), and 3759 to 3763.

of 261


Examination of Winding Equipment

3765. Examination of winding equipment

The following provisions shall apply to the use of winding plants:-

(1) The manager shall appoint in writing a competent person or persons whose duty it shall be to examine carefully -

(a) at least once in each day the winding ropes, the balance or tail ropes, the connections of the ropes to the conveyances and drums, the conveyances, the pulley wheels and sheaves, the brakes, the depth indicator, the safety devices, and all external parts of the winding equipment upon the proper working of which the safety of persons depends;

(b) at least once in each week the signalling arrangements and the safety devices used in connection therewith; and

(c) at least once in each week the guides or rails and the winding compartment generally, including the doors, gates or barriers and ancillary equipment at stations and landing platforms.

(2) The resident engineer, or a competent person appointed by him in writing, shall examine carefully -

(a) at least once in each week the external parts of the winding engine, the safety devices and the head gear pulley wheels and sheaves;

(b) at least once a fortnight the connections referred to in sub-regulation (1) (a) of this regulation and the structure of the winding rope and the balance or tail ropes, with a view to ascertaining the amount of deterioration thereof; and for the purpose of this examination the rope shall be thoroughly cleaned at places to be selected by the said engineer who shall note any reduction in the diameter or circumference of, and the proportion of wear in, the rope; and

(c) at least once in each year the winding system as to the working condition of the internal mechanical parts and as far as reasonably practicable, of the internal electrical parts.

(3) The resident engineer, shall ensure that-

(a) effective steps are taken to prevent water, grease, or oil from being deposited upon the brake paths of any winding engine;

(b) daily brake holding tests are carried out on mechanical brakes, each drum being tested independently; and

(c) daily retardation tests are carried out on dynamic or other electrical braking systems, where applicable.

of 261


(4) Voice communication shall be available between all principal landing places in a winding shaft and the winding engine driver unless exempted in writing by the Chief Inspector.

3766. Testing of winding plant, brake components, ropes and attachments

(1) Once every twelve months all parts of every winding plant shall undergo a thorough examination and testing. Records of the test are to be kept at the mine premises and should be subject to inspection by the Inspector.

(2) Once every twelve months, all single line components of the winding plant brake system, the drum shaft, and cage/skip attachments shall be non-destructively tested.

3767. Duty when defect is discovered

If on any examination or test as is required under regulation 3765 there is discovered any weakness or defect by which the safety of persons may be endangered, such weakness or defect shall immediately be reported to the manager in writing. Until such weakness or defect is remedied the winding plant shall be isolated from power supply, locked out and tagged and shall not be used except in so far as may be necessary in connection with the remedying of such weakness or defect.

3768. Machinery Record Book and Shaft Log Book

A true report of the result of every examination or test as required under regulation 3765 and 3766 shall be recorded and signed in ink without delay in the Machinery Record Book or the Shaft Log Book as the case may be. Such books shall be kept at the mine specifically for this purpose and shall at all times be open for inspection by the Inspector.

of 261


Subdivision 3.8 Surface Mine Equipment

3801. Hydraulic Excavators

(1) The manager shall prepare written excavation and loading rules detailing the procedures to be followed during such operations.

(2) Electrically powered equipment shall be disconnected before mechanical work is done on such equipment. Power switches shall be locked out and tagged or other measures taken to prevent the equipment being connected again without the knowledge of the persons working on it. Such locks and tags or protective devices shall not be removed except by the person who installed them or by an authorised person.

(3) In case of an unforeseen interruption of the electric power supply, the operator shall immediately return all starters and control levers to the "stop" or "zero" positions.

(4) A technical instruction sheet approved by the mine manager or a competent person shall be prepared for each machine in operation.

(a) In addition to technical details relating to the machine, the information to be contained on this sheet shall include the permissible dimensions of working places, bench heights, stability angles and distances that shall be maintained by mining machines and transport equipment from working faces, dumps and tipping points.

(b) This information sheet shall be posted in the proximity of the operator's position on the machine concerned.

(5) The cabins of all excavating machines shall be so equipped that the operator can always keep that part of the face adjacent to the machine in sight.

(6) All sites where excavating machines are operating shall be equipped with a means of communication with the machine operator.

(7) No unauthorised person is allowed in the cabin or on the external platforms of an operating excavator.

(8) Cab windows shall be of safety glass or equivalent, in good condition and shall be kept clean.

(9) No person is allowed to mount or enter any excavator being operated and capable of movement without first attracting the operator's attention.

(10) When moving an excavator, the driven axle shall always be positioned either at the downhill end or at the rear if the machine is level. The bucket shall be empty and maintained at a height of not more than 1 metre above the ground. The jib shall face in the direction of motion.

of 261


(11) When moving on a gradient, all possible precautions shall be taken against sliding of an excavator.

(12) All movements of an excavator shall be performed with the aid of an assistant to the operator. The assistant shall use approved signals and shall be within sight of the operator at all times. In the case of walking excavators, it may be necessary to transmit signals from the operator's assistant through a third member of the team.

(13) Excavators shall stand on a firm and level base, with a gradient not exceeding the permissible gradient specified in the technical instruction sheet. In all cases, the distance from the flank of a bench or dump or any transport vehicle to the counterweight of an excavator shall not be less than 1 metre, and the cabin of the machine during operation shall be placed in such a way that danger to the operator is minimised.

(14) The manager shall establish a special code of signals for the operators of excavators to be applied to the loading operation. This code of signals shall be posted on the excavator in a prominent position.

(15) A free passage shall be maintained at all times to enable an excavator to be speedily removed from a mining face. An excavator in operation shall be stopped and removed immediately to a safe place when any dangerous conditions are detected, and particularly when there is a likelihood of rock falls from the face or when misfires have been located in the working area.

3802. Draglines

In cases where stripping and loading operations are performed with the aid of a dragline excavator, safety rules shall be established by the manager and brought to the attention of all concerned. In particular, safe distances between machines shall be established when two or more types of machines are working together.

3803. Vehicles in surface mines

(1) The manager shall ensure that all equipment and vehicles in use are of an approved type and conform with specifications and requirements for safety.

(2) The Chief Inspector of Mines may prescribe standards for safety equipment and protective devices to be incorporated in mobile plant and should, for vehicles newly purchased after a date to be prescribed, specify the necessary safety equipment and protective devices against falling objects, vehicle roll-over and workers falling out of the vehicle.

(3) All mobile equipment used in an opencast mine shall be of an approved type and carry an identity number.

of 261


(4) The manager shall draw up transport rules to regulate the movement of all vehicles and their operation in an opencast mine.

(5) The transport rules shall be posted and a copy given to all drivers and equipment operators.

(6) All self-propelled mobile equipment shall be provided with adequate braking systems, capable of effectively stopping and holding the vehicle stationary when fully loaded, under any conditions of operation when driven correctly.

(7) No vehicle is allowed to be left unattended unless:

(a) the controls are in the neutral position and the parking brakes fully applied;

(b) if it is a tracked and wheeled vehicle parked on a grade, that it is blocked or turned into a rib or bank;

(c) the movable parts of equipment such as dippers, buckets, scraper blades are secured or lowered to the ground when not in use; and

(d) the master switch of electrically powered mobile equipment is in the off position, all operating controls are in the neutral position, and the brakes are set or other equivalent precautions are taken against rolling; and

(e) the vehicle has been locked out in such a way as to prevent unauthorised operation by other persons.

(8) When a vehicle is in motion between work areas, the movable parts of the equipment shall be secured in the travel position.

(9) The engine exhaust gases from mobile equipment operated by an internal combustion engine shall be discharged at a point remote from the operator's position and from any air-conditioning intake where fitted and in such manner as not to generate dust.

(10) All motor vehicles shall be equipped with:

(a) effective headlights, tail-lights and clearance lights; and

(b) an effective audible warning signal shall be sounded whenever the driver wishes to move the vehicle without having clear vision immediately in front and behind.

(11) All heavy duty mobile equipment shall be fitted with automatic fire suppression system in addition to portable fire extinguishers of a certified type and capacity.

(12) A person shall not operate, or be employed or permitted to drive, a motor vehicle in an opencast mine unless:

of 261


(a) he holds a current operator's licence for that vehicle; and

(b) he has satisfied the manager or his representative that he is competent to operate that vehicle.

(13) All operators shall maintain full control of the mobile equipment while it is in motion.

(14) Where loads are carried which project beyond the sides of vehicles, or by more than 1.2 m beyond the rear of the vehicles, there shall be attached at the end of the projection:

(a) a warning light during the hours of darkness or in limited visibility; and

(b) a clearly visible warning flag of suitable size in daylight conditions.

(15) Where overhead clearance is restricted, warning devices shall be installed and the restricted area shall be conspicuously marked.

(16) Where the regular transport of persons is required, buses or other specially fitted vehicles shall be used, equipped with seating and safe means of entry and exit.

(17) The transport of persons is prohibited:

(a) in or on mobile equipment, loaded or unloaded, unless special arrangements have been made for their safety, and such transport is authorised by the manager;

(b) outside the cabs and beds of mobile equipment; and

(c) in vehicles equipped with unloading devices, unless means have been provided to prevent accidental operation of the unloading mechanism.

(18) No machine of any type shall be serviced or maintained unless it has been effectively locked out from inadvertent use by persons working on such machine.

3804. Trucks

(1) Tipping body props or other devices shall be provided and these shall be capable of preventing a skip collapsing, and their mode of operation shall be independent of the tipping mechanism.

(2) The operator’s cab of mine trucks shall have the following specifications:

(a) The operator's cab of any vehicle used for rock haulage shall be so constructed or reinforced as to resist damage by spillage.

(b) The operator's cab shall not be additionally equipped, altered or otherwise modified in a manner which impairs operating visibility.

of 261


(c) Cabs of mobile equipment shall be kept free of extraneous materials.

(e) The design and layout of operators' positions and controls shall conform with best ergonomic principles. Particular attention shall be given to:

(i) layout and direction of movement of all control devices;

(ii) the operator's seating;

(iii) protection against environmental hazards, including inclement weather, heat,

(iv) noise and airborne dust; and

(v) safe entry and exit for the operator.

(3) Haulage equipment shall be operated under power control at all times.

3805. Drill rigs in surface mines

(1) Before the commencement of drilling operations, the area shall be carefully inspected for misfires, sockets and other hazards.

(2) After a hole has been drilled, it shall be closed off by a plug.

(3) The manager is responsible for ensuring that standard instructions are prepared and followed for each type of drilling employed.

(4) Drilling rigs shall be operated on a level surface. If working on a bench, the rig shall be located at a distance of not less than 3 m from the bench crest, especially when drilling the nearest hole to the crest – in this case, the operator shall have his back to the crest.

(5) Whilst in operation, a drilling rig shall be so arranged that its longitudinal axis is perpendicular to the bench crest.

(6) When a drill is being moved from one drilling area to another, drill steel, tools and all other parts of the machine shall be secured, and the mast placed in a safe position.

(7) If a drill helper assists the drill operator during the movement of a drill to a new position, the helper shall be in sight of, or in communication with, the operator at all times.

(8) No person is allowed to be on a rig mast while the drill-bit is in operation unless he is provided with a safe platform from which to work and is wearing a safety belt.

(9) When the rig mast is being raised or lowered, persons are not permitted to remain in front of or behind a drilling rig.

of 261


(10) Tools or other objects which might cause injury to personnel shall not be left loose on the mast or drill platform.

(11) With rotary drilling rigs for which the assembly and dismantling of the drilling set and the cleaning of the mouth of the hole are not mechanised, the augers shall be enclosed and they shall be interlocked with the electric power supply to the rotary driving motor.

3806. Belt conveyors in surface mines

(1) No person is allowed to ride on a conveyor belt.

(2) No person is allowed to clean underneath a moving conveyor, nor any part of a moving conveyor, unless approved and adequate protective guards are in place.

(3) Return idlers shall be guarded at places where workmen are likely to cross underneath the conveyor.

(4) Take-up pulleys, tensioning weights and all other components of the tensioning system shall be guarded.

of 261


Part 4 Small Scale Mining

Subdivision 4.1 General Provisions for small scale mining

4101. Application

(1) Regulation 4104 to 4512 shall apply to small scale mining only.

(2) The Chief Inspector may establish different classes of small scale mining operations and declare that these classes are subject to all or any provisions of these regulations.

(3) In determining which provisions of these regulations should be declared to apply to the small scale mining operations, the Chief Inspector shall take into account:

(a) the health and safety risks at the mine at which the mining operations are undertaken;

(b) the size of the mining operations conducted by the small scale miner;

(c) the number of employees working at the mine;

(d) the nature of the mining operations; and,

(e) that, having regard to the factors set out in paragraphs (a) to (d) above, a regulatory system should apply to the mining operations undertaken at the mine which will best achieve the objects of these regulations.

4102. Competency of small scale miners

(1) The holder of a small scale mining licence shall have proven knowledge required for small scale mining. Otherwise the holder shall appoint a person having this required knowledge to be in charge of the small scale mining operations.

(2) Where in respect of the area of a small scale mining concession there are employed more than 30 persons, or explosives are used, then the holder of the mining concession shall ensure that the work within the area of the small scale mining concession is undertaken under the supervision of a sufficient number of persons holding certificates of competency as miners, or another qualification approved by the Chief Inspector, to ensure that, so far as is practicable, that work is undertaken in a manner which does not expose persons to hazards.

(3) The holder of a certificate of competency as a miner, or another qualification approved by the Chief Inspector, appointed to supervise work pursuant to sub-regulation (2) shall take such steps as reasonably practicable, having regard to

of 261


the resources provided by the holder of the small scale mining concession, to ensure that work under their supervision is undertaken in a manner which, so far as is practicable, does not expose persons to hazards.

4103. Blasting in small scale mines

(1) A small scale miner shall not without the written permission of the Minister on the recommendation of the Chief Inspector of Mines carry out blasting

(2) Blasting is only permitted to be carried out by certified persons having the permit of the Chief Inspector of Mines.

(3) The holder of a small scale mining licence shall cause a schedule of specific times to be arranged at which blasting of any part of the concession shall take place and shall ensure that any blasting in one part shall not expose any person to danger in any other part.

(4) An updated blasting schedule shall be made available to the Inspectorate Division at all times.

(5) After blasting has taken place, the holder shall ensure that no person shall enter or cause or permit any person to enter any place in which the air may have become contaminated by dust or fumes from such blasting until after the expiry of re-entry period and after he has satisfied himself that the air is suitable for breathing.

4104. Commencement of small scale mining operations

(1) Before starting any activity the owner has to explain to the Inspectorate Division the kind of activity he intends to carry out. The Inspectorate Division may approve this if:

(a) the applicant submits a plan showing the boundaries of the small scale mining concession

(b) the applicant explains how he will carry out mining and rehabilitation properly

(2) Before start of the operation the applicant has to call the Inspectorate Division for a first inspection of the land where he intends to mine.

4105. Health and Safety rules for small scale mining

(1) The use of mercury is only allowed if a retort is used.

(2) The small scale miner has to provide for sanitation facilities.

of 261


4106. General Health & Safety Duties

(1) A small-scale miner shall, so far as is practicable, provide and maintain at a mine a working environment in which the small scale miner and any employees or any other persons working at the mine are not exposed to hazards, and, in particular, but without limiting the generality of that obligation shall:

(a) provide and maintain work places, plant and equipment and systems of work to ensure the miner, any employees and any other persons working at the mine are not exposed to hazards;

(b) provide information, instructions and supervision of any employees or other persons working at the mine to enable them to perform their work so that they are not exposed to hazards;

(c) consult with employees or any other persons working at the mine in relation to occupational health and safety at the mine;

(d) where it is not practicable to avoid the presence of hazards, provide adequate protective clothing and equipment to employees and any other persons working at the mine as is practicable to protect them against those hazards; and,

(e) make arrangements for ensuring so far as is practicable that:

(i) the use, cleaning, maintenance, transportation and disposal of plant;

(ii) the use, handling, processing, storage, transportation and disposal of substances at the mine; and,

(iii) the use , handling, storage, transportation and disposal of mercury,

is carried out in such a manner that the small scale miner, employees or other persons working at the mine are not exposed to hazards.

(2) A small scale miner who contravenes sub-regulation (1) commits an offence.

(3) A small scale miner who contravenes sub-regulation (1) and by that contravention causes the death of or serious harm to an employee or any other person working at the mine commits an offence.

4107. Health & Safety Codes for Small Scale Mining

(1) The Chief Inspector may from time to time publish Health and Safety Codes for Small Scale Mines, which codes set out health and safety procedures to be followed in undertaking small scale mining.

(2) A small scale miner shall comply with any applicable Health and Safety Codes which apply to the mine or mines at which the miner undertakes mining operations.

of 261


(3) A small scale miner who contravenes sub-regulation (2) commits an offence.

(4) A person who works, or is otherwise present, at a mine classified as a small scale mine, shall comply with any applicable Health and Safety Codes which apply to persons who attend at a mine in the same capacity as that person.

(5) A person who contravenes sub-regulation (4) commits an offence.

4108. Machinery for small scale mining

As far as reasonable, the provisions of Part 3 of this regulation apply for machinery used in small scale mining operations.

4109. Inspection of small scale mining

Inspections of small scale mining activities are carried out by Inspectors of Mines and authorised persons of the Inspectorate Division of the Minerals Commission.

Subdivision 4.2 Provisions for small scale surface mining

4201. Overhanging forbidden

In any working no person shall undercut or permit the cutting of any face or any sidewall, and no face or sidewall shall have a vertical height of more than 1.5 metres unless such face or sidewall is terraced or sloped at an angle sufficient to ensure the safety of persons or is adequately supported.

4202. Slope of pits in unconsolidated material

(1) Where earth, clay, sand, gravel or any other unconsolidated material is being removed from a surface mine by means of a powered equipment -

(a) the working face shall be sloped at the angle of repose; or

(b) the vertical height of the working face shall not be more than 1.5 metres above the maximum reach of the equipment.

(2) Where earth, clay, sand, gravel or any other unconsolidated material is being removed from a surface mine by means other than powered equipment -

(a) the working face shall be sloped at its angle of repose; or

(b) the vertical height of the working face shall not be more than three metres.

(3) No undercutting of the working face shall be permitted or done.

(4) Except when mining operations are being actively pursued, benches and walls shall be sloped to less than the angle of repose.

of 261


4203. Environmental protection provisions for small scale mining

(1) Mined out areas and land no longer used for mining shall be rehabilitated and revegetated within one month after termination of activities on the land.

(2) Disused trenches and pits shall be backfilled within one month from the time of abandonment. Excavations shall be backfilled in such a way that no stagnant water can accumulate there.

(3) After finalisation of rehabilitation a final inspection shall be carried out to verify that acceptable rehabilitation work was carried out and to issue a rehabilitation certificate.

Subdivision 4.3 Provisions for underground small scale mining

4301. Commencement of underground small scale mining

Before starting any activity the holder of a small scale mining license shall:

(a) submit a plan showing the boundaries of the small scale mining concession;

(b) ensure that underground boundaries are vertical projections of the surface concession boundaries;

(c) prepare, under the direction of a qualified person, plans and procedures to be used in the construction and operation of the underground mine.

4302. Two outlets from mine to surface necessary

(1) The holder of a small scale mining licence shall not employ any person in any underground working that does not provide two shafts, adits, tunnels or outlets that afford communication with every vein, lode, reef, ore body or mineral deposits at any time.

(2) Where at any time there exists only one means of access to workings as during shaft sinking, reef drives and other workings shall not progress more than 15 metres from the shaft until a second means of access has been established.

4303. Exemption regarding outlets of underground mines

Regulation 4302 shall not apply to the interruption of ingress or egress or of communication within the mine workings as a result of an accident or dangerous occurrence.

of 261


4304. Access to underground workings

(1) No person shall enter or leave any underground workings except by means of the ingress or egress specially provided or set aside for this purpose.

(2) Every shaft used for ingress or egress of a mine shall be provided with a properly constructed ladderway or an approved mechanical means of hoisting and nobody shall ascend or descend a shaft except by this means.

(3) At the initial stage of development, hemp rope may be used for both ingress and egress into the underground workings to a depth not more than 10 metres.

(4) No persons shall enter underground workings without sufficient protective wear including helmet, safety boots and overalls.

(5) There shall be no fighting, use of drugs and intoxicating liquor underground.

(6) There shall be established a system by which all persons going underground can be accounted for at any point in time.

4305. Securing of workings with unsafe ground conditions

(1) Where the natural strata are not safe every working in place shall be securely supported, filled in, or otherwise made secure and kept in safe condition as long as it is in use.

(2) Nobody shall rob a pillar i.e. the ore left in situ for the purpose of underground support without the approval of the Chief Inspector of Mines.

4306. Stagnant water

(1) Stagnant water shall not be allowed to remain on the floor of workings which are in use but shall be drained off

(2) No fuel powered water pumps or any other equipment should be used underground except with the written permission of the Chief Inspector of Mines

4307. Quality of Underground Mine Air

The holder of a small scale mining license shall cause such steps to be taken as are necessary to ensure that adequate ventilation is supplied to places where persons are working underground.

of 261


4308. Persons not allowed to stay in foul air

No person shall enter, work or remain or permit any other person to enter work or remain in any place where it is known that the requirements of Regulation 4307 are not being complied with and where any such person is likely to be exposed to conditions arising from excessive amounts of toxic gas or fumes or dust or excessive temperatures.

4309. Powers of Chief Inspector of Mines to prescribe minimum underground mine air quality

The ventilation in every mine shall be such that the air in all workings that are in use or are to be used by workmen or others shall be free from dangerous amounts of noxious impurities and shall contain sufficient oxygen to obviate danger to the health of any one employed in any such mine.

4310. Use of air under pressure for cleaning underground prohibited

No person shall use air under pressure for the purpose of cleaning his body or his clothing or on the body or clothing of any other person provided that a mixture of air under pressure and water may be used for such purpose.

4311. Light to be carried underground

No person shall proceed underground unless he has in his immediate possession an operable lamp of the type approved by Chief Inspector of Mines and such lamp shall be kept alight and within safe and easy reach at all times.

Subdivision 4.4 Provisions for processing plants for small scale mining

4401. Provision for Processing Plants

(1) Before starting any processing activity the holder of a small scale mining licence shall submit a layout of the processing infrastructure indicating the:

(i) plant

(ii) process water sources and ponds

(iii) the tailings storage facility

(2) No processing of ore shall take place anywhere except at approved locations.

(3) Plant areas, which may be entered only by authorized personnel, must be locked. These areas shall be indicated by warning signs.

of 261


4402. Crushing, Screening and the mechanical processing plant

(1) Plants must be provided with a dust suppression or dust catchment systems.

(2) Plants shall be entered only by persons wearing appropriate personal protective equipment. These areas must be indicated by warning signs.

Subdivision 4.5 Tributers

4501. Employment of Tributers

(1) The holder of a mining lease or a small scale mining licence may employ tributers with the permission of the Chief Inspector of Mines.

(2) The Chief Inspector whenever in his opinion it may be necessary to secure safe or economic mining of the area may prohibit the licence holder from employing tributers to mine such area.

(3) The Chief Inspector may, in the case of a manager of such area being convicted of an offence against this Part, prohibit mining by tributers on such area.

4502. Token to be issued to tributers

No person shall be employed as a tributer unless issued with a token by the manager. Such token shall be of a distinctive pattern and have a serial number.

4503. Tributer’s register

(1) The manager shall keep a tributers’ register in a securely bound book from which no pages may be removed and in which shall be recorded the name of every tributer who works on the area together with the serial number and date of issue of the token of each such tributer.

(2) Before the manager registers a tributer and issues to him a token he shall make reasonable enquiry to ascertain that such tributer is not so registered with any other person.

(3) No person shall be contracted by the tributer to work in his area unless he has been registered and issued with an identification; such register should be made available to the mining lease holder at the end of every month.

of 261


4504. Offences in respect of registration and token

(1) No person shall work as a tributer unless he is duly registered as such and is in possession, at the time and place of working, of a token duly issued under the provisions of these regulations.

(2) No tributer shall be in possession of more than one token or of any token other than his own, and no person other than a registered tributer shall be in possession of such token. Provided that the provisions of this regulation shall not apply to the possession of tokens by the manager, or his representative for the purpose of these regulations.

(3) A registered tributer on ceasing to work for the person with whom he is registered shall return his token to such person immediately.

(4) The manager shall delete forthwith from his register of tributers the name of any tributer who returns his token or who is dismissed by the manager or who ceases to work for the manager.

4505. Duties of manager employing tributers

(1) The manager shall provide for the safety and proper discipline of the persons employed as tributers.

(2) The manager or his representative shall be present on the area when tributers are mining or dressing mineral.

4506. Limitation of hours of work and movement of mineral of tributers

(1) The manager shall not permit any tributer to mine or dress mineral between sunset and sunrise save with the prior permission in writing of the Chief Inspector.

(2) A tributer shall not move any mineral between sunset and sunrise except mineral which has been received by the manager or his representative and under the direct supervision of such manager or representative.

(3) A tributer may only move mineral between sunrise and sunset and within the boundaries of the area in respect of which he is registered except mineral which has been received by the manager or his representative and under direct supervision of such manager or representative.

4507. Tributer to work only on area for which he is registered

No tributer shall work or mine on any area other than the area in respect of which he is registered and in possession of a token and no tributer may remove from any such area any mineral won thereon save as provided for in sub-regulations (2) and (3) of regulation 4506.

of 261


4508. Tributer to deliver mineral only to manager or his representative

(1) The tributer shall declare his production to the holder or the manager.

(2) The tributer shall deliver mineral won to the manager or the representative of the manager with whom he is registered, or, with the approval of the holder, to a licensed buying agent.

4509. Limitation on receipt of mineral

(1) No manager or his representative shall receive any mineral from any tributer other than a tributer duly registered by him and such tributer shall, at the time of such receipt, be in possession of his token the particulars of which shall be recorded by the receiver.

(2) Where mineral is received from a tributer in accordance with the provisions of these regulations the persons so receiving shall weigh such mineral and remunerate the tributer therefore between the hours of sunrise and sunset.

(3) Every person receiving mineral from tributers in accordance with these regulations shall keep a tributers’ mineral record in a secure form.

4510. All mineral won to be disclosed by tributer

Every tributer attending before the person to whom he may lawfully deliver mineral shall disclose to that person all mineral won by him since he last so attended and still in his possession and shall deliver such mineral to that person.

4511. Place of receipt of mineral

(1) No person shall receive any mineral from a tributer save inside the boundaries of the area in respect of which the tributer is registered.

(2) No person shall receive mineral from tributers unless he has at the place of receipt at the time, the tributers’ register and the tributers’ mineral record in respect of such tributers.

4512. Tributer system prohibited in exploration

No person shall engage a tributer on a concession that is granted solely for exploration.

of 261


Part 5 Safety of Workmen

Subdivision 5.1 Conditions of employment

5101. Minimum age of workmen

(1) No person shall be employed in any mine, quarry, works or associated plant unless that person is 18 years and above.

(2) In the case of an underground mine a person shall not be employed unless he/she is over the age of 21 years.

5102. Language

A person shall not be employed in any mine unless he or she is able to understand, and make himself or herself understood by, those under whom he or she is placed.

5103. Records of employees to be kept

(1) The Manager shall ensure that a register is kept, in which the following entries shall be made and retained therein from the date of engagement up to twenty-four months after the date on which employment ceases -

(a) the name of every person employed together with some positive means of identification;

(b) the dates of engagement and termination of employment of each such person;

(c) in the case of the death of any such person, the date, place and (as far as can be ascertained) the cause of death.

(2) Every register kept under the provisions of this regulation shall, at all reasonable times, be open to inspection by an Inspector or Authorised person.

5104. Maximum working time of employees

(1) Subject to subregulation (2) of this regulation, a Holder, Owner or Manager shall not normally employ a person underground in a mine for more than

(a) eight hours in any period of 24 hours; or

(b) 40 hours in any period of seven days.

(2) A person is not liable for a breach of this regulation where the employment in excess of the number of hours mentioned in this regulation is agreed by the Manager, or a Senior Official to be or to have been, in some -

(a) operation necessary for the safety of the mine; or

(b) emergency or special circumstance that justified the employment.

of 261


(3) Subject to subregulation (2) of this regulation the Holder, Owner, or Manager shall not normally employ a person at the surface in any mine, quarry, works or associated plant for more than -

(a) nine hours in any period of 24 hours; or

(b) 45 hours in any period of seven days.

(4) Where an Inspector is of the opinion that excessive hours are being worked by an employee the Inspector may direct that such an employee’s hours of work are reduced.

5105. Employees overseer to ensure compliance with condition of employment provisions

The holder of a statutory certificate granted under these Regulations when acting as an overseer of employees in or about a mine, quarry, works or associated plant, shall take all reasonable precautions to ensure those employed under his or her charge do nothing to contravene the provisions of these Regulations.

5106. Medical examinations

(1) The manager for a mine shall ensure that:

(a) an employee does not undertake specific work at that mine unless the employee’s fitness and health has been assessed as sufficient to enable that employee to safely carry out that work; and,

(b) the fitness of each employee at the mine is assessed annually, to determine whether the employee’s fitness and health is sufficient to enable the employee to continue to safely carry out work of the nature carried out by the employee.

(2) An assessment under sub-regulation (1) shall be undertaken by a medical practitioner or by some other method which is appropriate having regard to the type of work to be undertaken by the employee and the level of fitness required to safely undertake that work.

(3) The manager of a mine shall be solely responsible for the cost of each medical examination required to be undertaken under this regulation and shall not, directly or indirectly, seek to pass the cost of that medical examination through to the relevant employee.

(4) The manager for a mine shall ensure that a record is made of each medical examination carried out under this regulation and is maintained until the earlier of either:

(a) ten (10) years from the carrying out of the medical examination;

(b) six (6) years from the date the employee ceases to work at the mine; and,

of 261


(c) the closure of the mine.

(5) The manager for a mine shall ensure that:

(a) an employee is provided with a copy of any record of a medical examination carried out of the employee under this regulation; and,

(b) the results of that medical examination are explained to the employee (and where the medical examination is undertaken by a medical practitioner, then the explanation shall be given to the employee by that medical practitioner).

5107. Offences against condition of employment provisions

(1) The holder of a statutory certificate issued under these Regulations who acts negligently, or omits to act, in a way resulting or likely to result in the endangering of a person or persons employed in or about a mine, quarry, works or associated plant, shall be guilty of an offence.

(2) When a court has convicted a person for an offence against these Regulations the Manager shall notify the Chief Inspector giving the full details of the offence and the name and address of the person convicted.

(3) The Chief Inspector shall -

(a) suspend the certificate of the person convicted by the court of an offence against these Regulations, or

(b) cancel the certificate and declare the person convicted of an offence against these Regulations to be disqualified from holding or obtaining a certificate, for such a time as the Chief Inspector considers necessary.

(4) The Chief Inspector shall maintain a full record of all actions under this Regulation.

of 261


Subdivision 5.2 Duties of owner regarding safety of workmen

General

5201. Warning signs

(1) The Manager of a mine, quarry, works or associated plant shall cause to be erected and maintained such warning signs in such positions as may be prescribed by these Regulations or required by an Inspector.

(2) Danger warning signs referred to in sub-regulation (1) of this regulation, shall be in such form as prescribed by these Regulations, or approved by an Inspector, as will be understood by all employees engaged in the mine, quarry, works or associated plant and shall not conflict with such signs agreed to under any International Law or the Laws of Ghana.

5202. Code of safe working practice

(1) The manager of a mine, quarry, works or associated plant shall draw up for the approval of an Inspector a code of safe working practice to ensure that, so far as is practicable, persons at the mine are not exposed to hazards from those operations.

These codes of safe working practices shall be used by all persons engaged in the following, but not limited to:

(a) mining operations, such as drilling, blasting, loading and hauling

(b) processing of ore

(c) handling, transport and disposal of tailings and waste rock

(d) electrical and mechanical workshops

(e) infrastructure and ancillary facilities

(f) maintenance or repair of any machinery, equipment or appliance so as to prevent danger arising from the inadvertent start-up or electrical energising of such machinery, equipment or appliances

(2) The manager shall ensure that any written procedures kept:

(a) under sub-regulation (1); or,

(b) under any other provision of these regulations,

remain current and available to employees of the mine to whom they apply and that each such employee is aware of the current written procedures.

of 261


(3) The manager shall ensure that any written procedure kept under sub-regulation (1) for an activity carried out at the mine includes details of the following:

(a) the purpose of the procedure;

(b) the activity to which it applies;

(c) the responsibilities of persons involved in the activity;

(d) a description of how the activity shall be carried out;

(e) a reference to any other relevant written procedures; and

(f) the date of the written procedure and its last update.

(4) The manager shall ensure that any written procedure kept under sub-regulation (1):

(a) is in a form suitable for use at the site where the activity is carried out;

(b) is easily understood by persons carrying out the activity; and,

(c) is as brief and concise as is reasonable and appropriate having regard to the risks which the procedure is designed to manage.

(5) An employee, or other person working, at a mine shall comply with any applicable written procedures or methods.

The Manager shall ensure that the provisions of such codes of safe working practice are observed at all times.

5203. Amenities to be provided by Owner

(1) The Holder, Owner, or Manager at any mine, quarry, works or associated plant shall ensure that change houses are provided on the surface near to man riding shafts at underground mines and at locations near to the work areas at surface mines, quarries, works and associated plants with separate provisions for males and females as may be prescribed under this sub-regulation -

(a) there shall be provided suitable change house accommodation proportionate in size to the number of such persons employed.

(b) A change house accommodation shall have the following:

(i) sufficient lockers, cupboards or other suitable accommodation capable of being locked so as to enable every person employed to store his goods separately;

(ii) adequate facilities for bathing;

(iii) adequate facilities for drying clothes; and

(iv) suitable latrine accommodation.

(2) An adequate supply of potable water shall be provided at convenient and safe positions near to all working places.

of 261


(3) At every mine, quarry, works or associated plant the manager shall provide at a convenient on surface facilities for storage and consumption of food.

(4) At every mine, quarry, works or associated plant there shall be provided -

(a) sufficient and suitable toilets and urinals for the use of employees; and

(b) separate toilets for males and females: the number shall be in accordance with the following rules:-

(i) where the number of persons employed does not exceed one hundred there shall be one toilet for every twenty-five persons or portion thereof.

(ii) where the number of persons so employed exceeds one hundred there shall be an additional toilets for every forty persons or portion thereof over the first one hundred;

(c) (i) at each main working level underground a well ventilated screened toilet, well lit and kept in a clean condition shall be provided.

(ii) all buckets used in connection with underground sanitary conveniences shall have close fitting lids which shall be fixed on the buckets while being removed to the surface.

(iii) All latrines shall be arranged and maintained as to be conveniently accessible to all workmen.

(5) No person shall pollute any place with faeces and no person shall wantonly misuse or foul the sanitary facilities.

(6) (a) It shall be the duty of any person in charge of any working place or section of a mine, quarry, works or associated plant to take the necessary action to put into a proper sanitary condition the working place or section of the mine, quarry, works or associated plant over which he has charge; and for an underground mine cause all levels, drives, cross-cuts and stations to be examined daily as to their sanitary conditions and any defects therein shall be remedied immediately.

(b) All toilets and the area about them for a distance of ten metres shall be thoroughly disinfected at least twice every week and the dates of such disinfection shall be logged; and these records shall be open to inspection by the Inspector.

of 261


Fire Protection

5204. Emergency procedures in case of fire

(1) Emergency procedures in case of fire in a mine, quarry, works and associated plant shall be prepared by the Manager.

(2) An alarm system that is effective to warn workers of a fire that is likely to endanger their safety shall be provided.

(3) The procedures required by subregulation (1) of this regulation, or extracts therefrom, and a notice explaining the alarm system shall be set out in writing and shall be posted and kept posted at conspicuous places where they are most likely to come to the attention of a worker.

(4) Every worker shall be educated on the procedures and the alarm system.

(5) Once in at least every six months during each production shift, a fire alarm test of the procedures shall be conducted and all senior mine officials, foremen and headmen shall be trained in the procedure to follow in case of fire.

(6) An alarm system in an underground mine shall -

(a) consist of the introduction of eucalyptus oil or stench gas or similar gas into the ventilation system or the main compressed air supply to be readily detectable by all workers; and

(b) be kept ready for immediate use.

Where the use of eucalyptus oil or stench gas or other similar gas is not practicable as an alarm system, an alternative means of alarm system approved by the Chief Inspector shall be provided.

(7) A report of each fire alarm test of the procedures mentioned in sub-regulation (5) of this regulation shall be sent to the Chief Inspector.

5205. General provisions regarding fire protection in all mines

(1) No refuse shall be allowed to accumulate but shall be removed from the workings at least once a week and disposed off in a suitable manner.

(2) Suitable fire extinguishers shall be provided at all electrical installations such as sub-stations, switch houses, battery charging stations, electric winder houses and all other fire hazard areas.

(3) At least once each month, fire extinguishing equipment, fire suppression systems, fire hydrants and fire doors shall be inspected by a competent person who shall report in writing thereon to the Manager.

of 261


(4) A general fire fighting drill shall be rigidly carried out at least once in every six months and all senior mine officials, foremen and headmen shall be trained in the procedure to follow in case of fire.

5206. General provisions regarding fire protection underground

(1) Waste timber in underground workings shall not be permitted to decay but shall be removed as soon as practicable to the surface.

(2) No person shall smoke or be permitted to smoke underground.

(3) All intake and return airways shall be clearly marked and sign-posted underground.

5207. Fan houses to be built of non-combustible material

A structure housing a fan used in connection with a ventilation system for an underground mine shall be constructed of non-combustible material.

5208. Fire hazard areas

(1) A fire hazard area shall be identified by suitable warning signs.

(2) Except where special precautions are taken and written instructions issued, no use of matches or other means of producing heat or fire shall be permitted in a fire hazard area.

5209. Procedures in case of encounter of flammable gas

(1) Where a flow of flammable gas is encountered in a drill hole in an underground mine or in an enclosed building housing a diamond drill on surface,

(a) the affected area shall be evacuated;

(b) precautions shall be taken to prevent inadvertent entry of a person into the area;

(c) the Manager shall be notified;

(d) the area shall be tested by a competent person; and

(e) the area shall be designated a fire hazard area.

(2) In mines where flammable gas is known to occur, workers underground or diamond drillers on surface shall be advised of -

(a) the probability of encountering a flow of such gas; and

(b) the measures and procedures prescribed in sub-regulation (1) of this regulation.

of 261


5210. Use of blow torch, welding, cutting and other similar equipment

(1) Where a blow torch or welding, cutting or other similar equipment is used underground, or in a headframe or other surface building in which a fire may endanger the fire entrance or the underground workings, a procedure for the safe use of such equipment shall be prepared in writing and signed by the Manager.

(2) Only a worker who is a competent person or under the direction of a competent person shall use a blow torch or welding, cutting or other similar equipment.

(3) In addition to the procedure required by sub-regulation (1) of this regulation written instructions shall be issued to the worker by a supervisor before the equipment is used in respect of -

(a) the type of work;

(b) the location of the work;

(c) when the work should be done; and

(d) any special measures and procedures to be taken before, during and after the work.

(4) Where such equipment is used in a shaft, timbered area or fire hazard area,

(a) the area adjacent to the particular work place shall be wetted down,

(i) before the work begins, and

(ii) when the work is stopped and the worker using the equipment intends to leave;

(b) the area adjacent to the particular work place shall be examined for potential fire hazards

(i) before the work begins,

(ii) when the work is stopped and the worker intends to leave the area, and

(iii) on at least one other occasion approximately two hours after the work is stopped;

(c) fire fighting equipment suitable for extinguishing any potential fire shall be available; and

(d) workers shall be protected from fumes, vapours or gases by,

(i) ventilation, or

(ii) the wearing of respirators.

(5) Sub-regulation (1) of this regulation does not apply to hot work being performed in a repair station or garage protected by a fire suppression system.

of 261


(6) Sub-regulation (4)(a) of this regulation does not apply where the wetting down will create a hazard because of presence of electrical equipment.

5211. Fire fighting preparedness

A suitable number of workers at each mine, quarry, works or associated plant shall be trained in fire fighting procedures and,

(a) the names of such workers shall be posted in a conspicuous place;

(b) such workers shall be tested for proficiency at least once a year; and

(c) a written report of the results of the tests shall be made and kept on file.

5212. Fire fighting equipment

(1) Fire extinguishing equipment of a suitable type and size shall be provided in all mines, quarries, works or associated plants.

(2) Surface mines and underground mines with large surface facilities at more than one place shall have a fire truck.

(3) All surface installations and processing plants shall have an independent fire fighting water pipeline, equipped with fire hydrants, hoses and accessories. The pipeline shall have two independent pumps.

(4) The manager shall provide appropriate fire fighting equipment in all fire prone areas underground.

(5) A fire fighting water pond or tank with a capacity of not less than 150 m³ shall be available at any time.

(6) Special fire fighting equipment shall be provided for electrical equipment.

(7) At least once each month, the fire extinguishing equipment, fire suppression systems and fire hydrants at the mine, quarry, works or associated plant shall be inspected by a competent person who shall report thereon to the Manager.

5213. Self-rescuers for underground workers

Every person entering an underground mine shall be trained to use and equipped with a self-contained self-rescuer, approved by the Chief Inspector of Mines.

5214. Emergency evacuation plans for underground mines in case of fire

(1) For any underground mine the manager shall establish an emergency evacuation plan for the case of a fire underground, to be approved by the Chief Inspector of Mines.

of 261


(2) The design of the ventilation circuit and the emergency evacuation plan shall enable any worker underground to reach a safe area within the operating time of the workers self-rescuers. A safe area is a fresh air intake roadway which is not affected by the mine fire.

(3) In sections of the underground mine, where the evacuation time would be longer than the operating time of the self-rescuer, permanent refuge bays equipped with fresh air supply through a compressed air pipe shall be provided.

(4) The permanent refuge bay referred to in sub-regulation (3) shall have the following specifications:

(a) is situated at a central point not more than 30 minutes walk from any working place;

(b) has been clearly demarcated on the mining plans under Regulation 2101;

(c ) has been separated from the mine ventilation system by means of a wall or walls and sealable access door;

(d) is ventilated by means of a compressed air column of at least 50mm in diameter with silencer fitted with control valve situated inside back of the permanent refuge bay;

(e) is able to have a positive air pressure generated inside the permanent refuge bay against that of the surrounding mine ventilation system;

(f) has been adequately illuminated;

(g) has a sanitary ablution facility

(h) contains a telephone that can be used to communicate with the bank or surface rescue station

(i) contains sufficient seating and drinking water to sustain the maximum number of workmen that would make use of such permanent refuge bay for 5 days;

(j) contains a stretcher and first aid kit.

5215. Filling of fuel tanks in buildings

(1) The fuel tank of an internal combustion engine installed in a building shall be arranged so that the transfer of fuel to the tank takes place at a point outside the building and the fuel is conducted to the tank in a tightly jointed pipe or conduit.

(2) The air displaced from the fuel tank shall be conducted to a safe point outside the building before being discharged into the atmosphere.

of 261


5216. Storage of dangerous, flammable or explosive material

Any dangerous, flammable or explosive material or substance in a solid, liquid or gaseous state, or any combination thereof, other than explosives, that is kept, stored or handled, in a mining plant shall -

(a) be kept in a container that is suitable having regard to the nature and state of the material or substance;

(b) have labels on the container identifying the material or substance and warning of the hazards involved therein;

(c) be kept apart or insulated from any source of ignition or from temperatures likely to cause combustion; and

(d) where the material or substance is not intended for immediate use, be kept, stored or handled,

(i) outside any building,

(ii) in a building not used for any purpose, or

(iii) in a well ventilated compartment and constructed with a fire resistant material.

5217. Processes which likely produce flammable gas, vapour or dust

A process that is likely to produce gas, vapour, dust or fume to such an extent as to be capable of forming a flammable mixture with air shall be carried out in an area which -

(a) is isolated from other operations;

(b) has a system of ventilation which removes the gas, vapour, dust or fume;

(c) has no potential sources of ignition; and

(d) has vents, baffles, chokes, dampers or other means to reduce the effects of any explosion, as may be required.

of 261


First Aid

5218. First aid stations at mines with more than 50 persons working at any time

Where at any one time there are more than fifty persons at work the Manager shall ensure that there are provided on the surface -

(1) an adequate number of first aid stations to the satisfaction of the Chief Inspector, which shall be -

(a) of adequate size and easily accessible;

(b) used only for work connected with first aid and clearly marked as such on the door;

(c) equipped with a self draining sink, soap, towels, etc and a constant supply of drinking water and hot and cold running water;

(d) equipped with an operative communication system and have adequate lighting and ventilation;

(e) kept clean and properly maintained and all interior surfaces shall be so constructed as to facilitate this requirement;

(f) provided with an adequate number of stretchers with at least two blankets for each stretcher, a suitable table, benches, chairs and suitable clothes for use by first aid attendants; and

(g) provided with sufficient supply of dressings for the first aid treatment of all accidents, burns, and other injuries likely to occur and such dressings shall be maintained in good condition, kept complete, be readily available at all times for use and be kept in a container which shall be capable of being transported to the scene of any accident or to any place where any injured person lies.

(2) sanitary conveniences near each first aid station which shall be kept clean and well lit.

5219. First aiders at first aid stations

Where first aid stations are required in accordance with Regulations 5218 and 5220 of these Regulations the Manager shall ensure that there is appointed a sufficient number of competent persons to be in charge thereof at all times when persons are at work; such competent persons shall-

(a) be readily available at all times when on duty;

(b) be the holders of a valid certificate in First aid granted by a recognised society approved by the Chief Inspector;

(c) record in a book provided for the purpose, particulars of each case treated specifying the date and time, the name of the injured person, the nature of the injury or illness, the treatment given and the name of the person administering that treatment.

of 261


5220. First aid stations at mines with less than 50 persons working at any time

Where at any time there are fifty persons or less at work the Manager shall ensure that -

(1) there is provided on the surface thereat suitable accommodation under a shelter where first aid can be rendered;

(2) such accommodation is provided with a stretcher, at least two blankets, splints, drinking water and an adequate supply of dressings for the first aid treatment of all accidents, burns, or other injuries likely to occur, and the provisions of sub-regulation 1(g) of regulation 5218, shall apply to the dressings required by this subregulation.

5221. Certified first aiders

At every mine, quarry, works or associated plant, the Manager shall ensure that in every operating section or department where the work undertaken may cause injury to any person, at least one employee shall be a holder of a valid first aid certificate granted by a recognised society approved by the Chief Inspector.

5222. Ambulance

The Manager shall ensure that suitable transport is provided to convey any person who becomes sick or injured whilst at work to hospital, and that such transport is kept readily available for use.

5223. First aid equipment

(1) In underground mines, at suitable places throughout the underground workings, there shall be kept and maintained a stock of fitted first aid boxes, dressings, splints, stretchers, and such other materials as the Inspector may require and such stock shall be added to or changed when required by the Inspector.

(2) First aid equipment shall be used only for the purpose for which it is provided.

(3) In any mine, quarry, works or associated plants all vehicles and mobile equipment shall be equipped with first aid boxes.

(4) In electrical substations specific first aid kits for injuries caused by electricity shall be kept. In any mine, quarry, works or associated plants, electricians have to carry in their vehicle this specific first aid kit.

5224. Antidotes, eyewash fountains, showers

(1) At every mine, quarry, works or associated plant where poisonous or dangerous compounds, solutions or gases are present, there shall be kept or

of 261


installed in a conspicuous place, as near the compounds, solutions or gases as is practicable:

(a) antidotes and washes;

(b) eyewash fountains; and

(c) where necessary showers for treating injuries received from such compounds, solutions or gases.

(2) Antidotes and washes required under subregulation 1 of this regulation shall be properly labelled and explicit directions for their use shall be affixed to the boxes containing them.

5225. Medical attendance and conveyance of injured person

(1) When any person employed in or about a mine, quarry, works or associated plant receives serious injury by reason of his employment, the Manager shall be responsible for the injured person to be sent to the nearest qualified medical practitioner, or, in the event of the injuries being too serious to permit the injured person’s removal, the nearest qualified medical practitioner shall be sent for.

(2) Where the injured person is unable to proceed to his abode or to a hospital, the Manager of the mine, quarry, works or associated plant shall immediately have such person conveyed to his abode or to a hospital in the safest and quickest way at the expense of the holder of the mining lease, quarry, works or associated plant.

5226. Medical attention to sick or injured persons

The Manager shall take suitable precautions to ensure that any person employed at a mine, quarry, works, or associated plant or prospecting operation who receives any injury or who becomes sick shall without delay receive the necessary first aid treatment or medical attention.

5227. Provision of health facility

(1) Each mine, quarry, works or associated plants having more than 150 employees shall provide a health facility and employ the services of a medical doctor.

(2) In cases where the number of employees is less than 150, and the mine is not having its own health facility, the mine shall arrange with the nearest health facility for the provision of medical services.

Miscellaneous

of 261


5228. Abstracts of Regulations to be posted and provided to employees

(1) For the purpose of making known the provisions of these Regulations to all persons employed in a mine or works, quarry or associated plant, an abstract of the portions of these Regulations directly concerning the workmen shall be posted up in suitable places at the mine, works, quarry or associated plant where it can be conveniently read.

(2) A copy of these Regulations or of such abstract, shall be supplied to every literate employee holding a responsible position under these Regulations when engaged by the manager or his representative, unless he is already in possession of the same.

(3) Where the posted copies become defaced, obliterated or destroyed, they shall be replaced with all reasonable despatch.

(4) Any person pulling down or otherwise defacing the before-mentioned notices when so posted up shall be guilty of an offence against these Regulations.

(5) Where any workman is unable to read these Regulations the person in charge shall ensure that such workman is made acquainted with the regulations concerning him or appertaining to his particular occupation and duties.

5229. Deputies, possession of employment card or token

(1) No person shall depute any other person to do his work without the sanction of an authorised person.

(2) No person shall have in his possession any employment card or token unless the same has been issued to him by the manager or a person authorised by the manager on his behalf.

(3) No unauthorised person shall enter a mine, works, quarry or associated plant. Notice to this effect shall be posted up by the manager at all entrances to a mine, works, quarry or associated plant.

5230. Suitable shelter near the entrance of each shaft to be provided

Except where exempted by the Chief Inspector in writing, a suitable and efficient shelter shall be provided for persons at or near the entrance of each shaft, adit or portal.

5231. Personal protective equipment

The owner shall provide personal protective equipment and he and the manager have to ensure the use of it.

of 261


(1) No person shall enter or remain in, or be permitted or caused to enter or remain in any hard hat area of a mine, unless he wears a hard hat in good condition and of a type approved by the Chief Inspector.

(2) Every worker who enters a mine shall wear protective footwear consisting of a boot or shoe which incorporates a protective toe, as approved by the Chief Inspector.

(3) The worker shall be required by the manager to wear or use such personal protective equipment, clothing and devices approved by the Chief Inspector as necessary to protect the worker from the particular hazard to which the worker may be exposed.

(4) Goggles shall be provided to workers at work places where the danger of eye injury exists.

5232. Persons infected with tuberculosis prohibited to enter underground mine

(1) No person certified to be infected with tuberculosis shall enter or be allowed to enter the underground workings.

(2) No worker known to the manager to be infected with tuberculosis shall be allowed to enter the underground workings.

5233. Entering a chute is prohibited

No person shall enter a chute, ore pass, sand pass, raise, shaft, or box-hole for the purpose of releasing or blasting a choke. The most appropriate and safest means shall be employed to release the choke.

5234. Obligation of manager to prepare special rules on request

(1) An Inspector may by written notice require the Holder or Manager of a mine, quarry, works or associated plant to submit to the Chief Inspector special rules to:

(a) prevent accidents or dangerous occurrences; and

(b) provide for the health, safety, convenience and proper discipline of the persons employed in or about the mine, quarry, works or associated plant;

(2) The Manager of the mine, quarry, works, or associated plant shall ensure compliance with the provisions of such special rules as in subregulation (1) of this regulation.

(3) The Chief Inspector may approve special rules either as a whole or in part with such amendments as he may require.

of 261


(4) The Chief Inspector shall give notice to the Holder, or Manager in writing of the approval.

(5) Copies of special rules made under the provisions of this regulation shall be kept on the mine records and made available at the mine, quarry, works or associated plant to which they relate and for an Inspector or authorised person.

5235. Training program for workers

(1) The manager shall:

(a) develop a written program for the training of workers to ensure that they are adequately trained to carry out their duties safely; and

(b) appoint a competent person to direct the training program.

(2) A training program shall specify for each type of work procedure:

(a) the content of the training required; and

(b) the time required for the training.

(3) The person appointed to direct the training program shall:

(a) keep a record of all training provided to each worker; and

(b) make a copy of the record readily available to workers.

(4) The manager shall ensure that any person who provides training as part of the training program:

(a) is competent to provide the training; and

(b) is provided with adequate time and facilities to provide the training.

(5) If a worker has previous experience in the mining industry and is able to establish to the satisfaction of the person directing the training program that the worker has received training equivalent to training required by the program, the person directing the training program may accept the worker’s previous training as meeting all or any part of the requirements of the program.

(6) Employees shall undergo periodic retraining programmes.

of 261


Mine Rescue Brigade for underground mines

5236. Rescue brigades

(1) Rescue brigades, each consisting of not less than five fully trained persons employed at the mine (one of whom shall act as captain) shall be organised and maintained at each mine on the following scales:-

(a) where the total number of persons employed underground is not more than 50 – one brigade

(b) where the total number of persons employed underground is 50 - 150 – two brigades

(c) where the total number of persons employed underground is 150 - 500 - not less than three brigades;

(d) where the total number of persons employed underground is 500 - 2,000 - not less than four brigades;

(e) where the total number of persons employed underground is more than 2,000 - not less than five brigades.

(2) The manager of a mine in which the total number of persons employed underground is less than 50, shall be deemed to have complied with the preceding regulation if he has made arrangements to the satisfaction of the Chief Inspector with the management of a neighbouring mine for the assistance of rescue brigades from such mine should the necessity arise.

(3) So far as practicable all the members of the brigade should not be employed underground at the same time.

(4) Every member of a rescue brigade shall attend at least twelve practices in every year, six of which shall be held underground.

Notification of such practices giving details of location, nature of work performed, names of brigade members concerned, and times of starting and finishing shall be furnished to the Chief Inspector in writing by the manager.

(5) A means, approved by the Chief Inspector shall be adopted at each working shaft collar which shall enable the Manager to locate the labour underground at any time.

5237. Rescue apparatus

(1) Save where an exemption therefrom in writing is granted by the Chief Inspector there shall be provided at every mine where persons are employed underground sufficient number of rescue breathing apparatus approved by the Chief Inspector.

of 261


(2) At least one rescue breathing apparatus shall be provided per member of a rescue team.

of 261


Subdivision 5.3 Duties of workmen regarding safety

5301. General duties of workmen

(1) Every employee at a mine shall take reasonable care:

(a) to ensure his or her own health and safety at work; and,

(b) to avoid adversely affecting the safety or health of any other person through any act or omission at work.

(2) An employee shall co-operate with the manager of the mine in the carrying out of his obligations under these regulations.

(3) An employee shall not be liable for a contravention of this regulation in respect of an act if that act was performed at the direction of a supervisor.

5302. No damage to be done to anything provided for safety or protection

No person shall damage anything which has been provided for the protection of mine, quarry, works or associated plant or for the safety of the workmen nor is any person permitted to alter, remove or in any way render useless any arrangement in or about the mine, quarry, works or associated plant provided for the afore-mentioned purpose without the consent of the Manager.

5303. Obedience to orders and instructions

No person shall fail to obey-

(1) any orders given to him in accordance with the requirements of these Regulations by any person lawfully authorised to give such orders;

(2) any instructions in the interest of safety or discipline, approved of by the Chief Inspector in writing, posted or caused to be posted by the manager at any place in or about the mine, works, quarry or associated plant.

5304. Acts prejudicial to safety or discipline

A person who negligently or wilfully does at a mine, works, quarry or associated plant anything which is likely to endanger the safety of the mine, works, quarry or associated plant or the safety or health of persons thereat or negligently or wilfully omits to do at a mine, works, quarry or associated plant anything necessary for securing the safety of the mine, works, quarry or associated plant or the safety or health of persons thereat shall be guilty of an offence under these Regulations.

of 261


5305. No agreement shall prevent a person from complying with the Regulations

No person shall be prevented by any agreement from doing, or be liable under any contract in damages for doing such acts as may be necessary in order to comply with the provisions of these Regulations.

5306. No intoxicating liquor or drugs to be allowed

(1) No intoxicating liquor or drugs shall be taken by any person into the workings of any mine, works, quarry or associated plant or to any place of work. Any workman, who has intoxicating liquor or drugs in his possession whilst at work or at a place of work shall be deemed guilty of an offence under these Regulations.

(2) No person suspected of being in a state of intoxication or in any other condition which may render, or be likely to render him incapable of taking care of himself or of persons under his charge, shall be allowed to enter a mine or to be in proximity to any working place or near to any machinery in motion.

(3) A person shall not carry out work or enter any mine, works, quarry or associated plant whilst:

(a) under the influence of a drug other than a drug prescribed by a medical practitioner or a drug which is generally available for legal use or consumption; or,

(b) under the influence of a drug which is prescribed by a medical practitioner or which is generally available for legal use or consumption, if being under the influence of that drug could impair that person’s ability to safely undertake work at the mine.

(4) Any person who may have entered a mine, works, quarry or associated plant or be found at any working place above or below ground in a state of intoxication or under the influence of drugs shall be guilty of an offence under these Regulations.

5307. Fighting or unlawful assault

No person shall take part in a fight or commit an unlawful assault in or about a mine, quarry, works or associated plant. Any person so doing shall be guilty of an offence under these Regulations.

5308. Sleeping in mine prohibited

No person shall sleep in any mine, quarry, works or associated plant, and any person found sleeping in any of the above-mentioned places shall be guilty of an offence under these Regulations.

of 261


5309. Naked light prohibited

Naked light is prohibited in any mine, works, quarry or associated plant.

5310. Consequences if workmen do not wear personal protective equipment

Where a person fails to wear any of the protective gears supplied for the purpose, the failure, in addition to being a breach of this regulation shall if that person meets with an injury to his person, be deemed to have contributed to the injury.

of 261

Mining Regulations 2008

Documents

Transcript of Mining Regulations 2008