The Miscellaneous Mines Order 1956

• Citation: S.I. 1956/1778
• Sections: 85

Section 1

(1) The provisions set out in the first schedule hereto, being provisions of regulations and enactments specified in the second schedule hereto subject to such modifications as aforesaid, are hereby re-enacted and shall have effect as if they were regulations made under section one hundred and forty-one of the Act coming into operation at the commencement of the Act.

(2) The provisions set out in the first schedule hereto may be cited as the Miscellaneous Mines (General) Regulations, 1956.

Section 2

Any authority, certificate, determination, direction, exemption, permit or prescription given or made for the purpose of a provision specified in the second schedule hereto, shall, if in force at the commencement of the Act and so far as it could have been given or made for the purposes of the Miscellaneous Mines (General) Regulations, 1956 (whether by that instrument or an instrument to the like effect), have effect as if it had been so given or made.

Section 3

This order shall come into operation at the commencement of the Act and may be cited as the Miscellaneous Mines Order, 1956.

Section 1

These regulations shall apply to mines other than mines of coal, stratified ironstone, shale or fireclay, and in these regulations, unless otherwise expressly provided, “ mine ” means such a mine.

Section 2

(1) It shall be the duty of the manager of every mine in which more than twelve persons are ordinarily employed below ground to keep at the office at the mine, or at such other place as may be approved by an inspector, accurate plans of all the workings in that mine (whether abandoned or not) up to a day not more than six months past.

(2) Nothing in the preceeding paragraph shall require a plan to show workings in which no operations have been carried out since the first day of January, eighteen hundred and seventy-two.

Section 3

(1) In the event of the abandonment of a mine in which more than twelve persons have ordinarily been employed below ground, or of the expiration of the period of twelve months from the time at which such a mine was last worked for the purpose of getting minerals or products of minerals, it shall be the duty of the person who was the owner of the mine at the time of the happening of that event within three months thereafter to send to the inspector for the district accurate plans showing the boundaries of the workings at that time.

(2) The plans referred to in the last preceding paragraph shall be on a scale not less than forty inches to the mile or on the scale of the plans last kept at the mine in pursuance of regulation two.

Section 4

In every mine a competent person appointed for that purpose by the manager shall—

(a) during every ordinary mineral-getting shift, inspect every working place and every road (not being an outlet) in any part of the mine in which any person works during that shift and every road (not being an outlet) in any other part of the mine being a road along which any person has to pass during that shift;

(b) during every day on which mineral is gotten, inspect any walkable outlet or ladder-way which has to be used by any person during that day;

for the purpose of ascertaining the condition thereof in regard to ventilation, state of roof and sides and general safety.

Section 5

In every mine a competent person appointed for that purpose by the manager shall at intervals not exceeding seven days inspect thoroughly the state of every shaft, staple-pit and unwalkable outlet used as a means of ingress or egress.

Section 6

(1) In every mine a competent person appointed for that purpose by the manager shall at intervals not exceeding three months travel the whole length of any way affording to persons employed at any place means of ingress and egress, being a way which is not ordinarily used by any person, for the purpose of ascertaining whether it is traversable with safety and reasonable convenience.

(2) In every mine a competent person appointed for that purpose by the manager shall at intervals not exceeding thirty days inspect all accessible parts of each airway of the mine.

Section 7

(1) Where access to any part of a mine in which persons work can be obtained only by passing through one shaft or unwalkable outlet (other than one in the course of being sunk or driven) and winding or haulage apparatus is ordinarily used in that shaft or outlet, there shall be provided a compartment therein separated throughout by a substantial partition from the part in which that winding or haulage apparatus operates and there shall be provided in that compartment ladders or other safe and reasonably convenient means of egress independent of that winding or haulage apparatus.

(2) Any ladder in a shaft or unwalkable outlet shall be securely fastened to the lining or sides thereof, and any platform therein forming part of a ladder-way shall be securely fenced.

Section 8

(1) Where mechanically operated winding apparatus or mechanically operated rope haulage apparatus is used for carrying persons through a shaft, staple-pit or unwalkable outlet, there shall be provided one or more brakes on the drum or drum shaft (or if there is more than one drum on each drum or drum shaft) being brakes which will hold the drum stationary when the maximum torque in a downward direction is applied thereto by the engine and a fully loaded cage or carriage:

Provided that an inspector may by notice served on the manager of the mine exempt an engine from the requirements of this paragraph.

(2) Where such apparatus is so used there shall be provided a suitable indicator (not being merely a mark on the rope or drum) showing the position of each cage or carriage in the shaft, staple-pit or outlet. That indicator shall be so placed as to be seen easily by the person operating the engine.

(3) Where such apparatus is so used there shall be provided on the drum such flanges or horns and, if the drum is conical, such other devices as will prevent the rope from slipping off.

Section 9

In every shaft and staple-pit provided with winding apparatus, being a shaft or staple-pit in the case of which the distance between the top thereof and the lowest entrance thereto exceeds one hundred and fifty feet or being a shaft or staple-pit in the course of being sunk of a depth exceeding three hundred feet, guides shall be provided for the cage or kibble:

Provided that an inspector may by notice served on the manager exempt a shaft or staple-pit from the requirements of this regulation.

Section 10

(1) In every shaft provided with a cage which is used for raising or lowering persons keps for supporting the cage when at rest shall be provided at the highest landing to which the cage is raised, may be provided at the lowest entrance to the shaft but shall not be provided at any intermediate entrance thereto.

(2) Keps shall be used when persons are entering or leaving a cage at a place at which they are provided.

Section 11

Every cage or carriage which is used for carrying persons through a shaft, staple-pit or unwalkable outlet shall be covered in completely at the top, closed in at the two sides sufficiently to prevent persons or things projecting beyond the sides, and provided with suitable gates at the ends and with a rigid hand bar which can be easily reached by all persons in it.

Section 12

(1) The manager of every mine shall, in relation to each shaft, staple-pit or unwalkable outlet provided with a cage or carriage used for carrying persons, determine the maximum number of persons who may be carried at one time in any cage or carriage therein and, where a cage or carriage has more than one deck, on each deck of that cage or carriage.

(2) There shall be kept posted at each entrance for the time being in use to each such shaft, staple-pit or unwalkable outlet a notice specifying every number so determined.

Section 13

Every cage or carriage which is used for carrying vehicles through a shaft, staple-pit or unwalkable outlet shall be provided with catches or other suitable contrivances to prevent them from falling out.

Section 14

(1) Where mechanically operated winding apparatus is ordinarily used for carrying persons through a shaft in a cage, there shall be provided appropriate gear for detaching each cage from the rope and holding it stationary in the event of over-winding when it is ascending:

Provided that an inspector may by notice served on the manager of the mine exempt any winding apparatus thereat from the requirements of this paragraph.

(2) Where mechanically operated winding apparatus is so used and the speed of winding can exceed twelve feet per second, an inspector by notice served on the manager of the mine may require the provision in connection therewith within such period as may be specified in the notice, and the maintenance, of an automatic contrivance to prevent overwinding.

Section 15

(1) At every mine where persons are carried through a shaft the manager shall make and secure the efficient carrying out of arrangements whereby a competent person (hereinafter referred to as “ the banksman ”) is in attendance for the purpose of transmitting and receiving signals at the landing in use at the top of the shaft—

(a) whenever any person is about to be carried through that shaft; and

(b) whenever more than fifteen persons are below ground in the mine:

Provided that an inspector may by notice served on the manager grant an exemption in respect of any shaft from the requirements of sub-paragraph (b).

(2) The means provided for transmitting signals shall be such that any signal transmitted from an entrance to the shaft underground shall be transmitted simultaneously to the person operating the winding apparatus and to the banksman.

Section 16

(1) In relation to each shaft, staple-pit and unwalkable outlet provided with winding or haulage apparatus the manager shall determine any signals necessary for the proper operation of that apparatus, and, in particular, where there is more than one entrance underground to such a shaft, staple-pit or unwalkable outlet he shall determine the signals to be used to indicate the entrance to or from which the cage, carriage or kibble is to be raised or lowered.

(2) There shall be kept posted at each entrance for the time being in use to each such shaft, staple-pit or unwalkable outlet, and in the place at which is operated the winding or haulage apparatus provided therefor, a notice specifying the signals determined by the manager for transmission therein.

Section 17

No person other than a person authorised by the manager of the mine to do so shall transmit any signal from any entrance to a shaft, staple-pit or unwalkable outlet.

Section 18

Where persons are to be carried through a shaft, staple-pit or unwalkable outlet in a cage or carriage, the banksman or other person authorised to transmit signals in relation thereto shall not signal the cage or carriage away if it or any deck thereof contains more than the maximum number of persons allowed to be carried or if the gates with which it is provided are not properly closed.

Section 19

(1) No minerals, equipment or materials (other than things which are required to be or are normally kept by a person in his possession) shall be carried through a shaft, staple-pit or unwalkable outlet whilst persons are being carried through it, whether in the same direction or not, and no person shall signal away a cage, carriage or kibble if he has any cause to believe that the preceding provisions of this paragraph would thereby be infringed.

(2) Nothing in paragraph (1) of this regulation shall prevent—

(a) persons who are to work in a shaft, staple-pit or outlet having with them when being carried there through equipment or materials which they will or may require for the purposes of that work; or

(b) persons accompanying animals or bulky materials which cannot be lowered or raised in a cage or carriage;

and for the purposes of the said paragraph no account shall be taken of the carriage of the owner or manager of the mine or of any official, engineer or technician in the case of whom the manager has by notice directed that the said paragraph shall not apply.

Section 20

Where a kibble is used in any shaft or staple-pit in which persons are or may be underneath the kibble, no person shall signal it away unless he is satisfied that—

(a) no loose mineral is carried above the level of the rim;

(b) tools, equipment or other materials for use or used in the mine are not loaded together with mineral;

(c) when things which project above the rim are carried, they are securely fastened to the bow or chains supporting the kibble;

(d) nothing capable of causing injury is adhering to the outside of the kibble; and

(e) when the kibble is being raised, it is in line with the pulleys and carefully steadied.

Section 21

(1) A person operating any winding apparatus with which a shaft is provided shall not leave the controlling gear whilst the apparatus is in motion or when he has any cause to believe that anyone is in or on the cage or kibble.

(2) Every person operating any such winding apparatus shall at least once during his shift examine the external parts of any engine which he operates to see if they are in proper working order.

(3) After any cessation of winding exceeding two hours the person operating any such winding apparatus shall immediately before lowering or raising any person run the cage or kibble at least once between the top of the shaft and the lowest entrance to the shaft for the time being in use in order to ascertain whether winding can be safely resumed. If any defect likely to affect the proper working of the winding apparatus is thus discovered he shall not begin winding until the defect has been remedied.

Section 22

No person operating any winding apparatus shall allow any engine to be operated under his supervision (on an occasion to which subsection (1) of section forty-two of the Act does not apply) by any person other than one authorised in writing by the manager so to do.

Section 23

Nothing in paragraph (a) of subsection (1) of section thirty-nine of the Act shall prohibit a person passing on foot along a length of road during a period during which vehicles are moving therein—

(a) if the maximum speed at which vehicles may run therein does not exceed six miles per hour; or

(b) if there is a continuous clear space not less than two feet in width between the vehicles and one side of the road.

Section 24

(1) For the purposes of section forty of the Act the intervals, which must not be exceeded, between refuge holes in roads in which vehicles run shall be—

(a) in the case of a length of road in which the gradient does not exceed 1:20 and in which the maximum speed of the vehicles must not exceed four miles per hour, three hundred feet;

(b) in any other case, sixty feet.

(2) For the said purposes the prescribed dimensions of refuge holes are—

(a) in width, three feet as nearly as may be;

(b) in depth, not less than three feet; and

(c) in height, not less than the height of the road at that place or six feet, whichever is the less.

(3) Where in any length of road there is a continuous clear space not less than two feet in width between vehicles running therein and one side of the road, every refuge hole therein shall be on that side of the road.

(4) Where in any length of road such clear space is not provided, any refuge holes in a part of the road which curves shall be on the outside of the curve and, so far as is consistent with that requirement, all the refuge holes therein shall be on the same side of the road.

(5) The manager of a mine may permit vehicles to run in a length of road, notwithstanding that refuge holes are not provided therein in accordance with the provisions of section forty of the Act and the preceding paragraphs of this regulation, if as regards that length of road—

(a) the aggregate weight of mineral carried therein in any hour does not exceed ten tons; or

(b) there is a continuous clear space not less than two feet in width between the vehicles and one side of the road.

Section 25

(1) Where means of transmitting signals are provided in pursuance of section forty-six of the Act in relation to rope haulage apparatus or a conveyor installed in a road, the manager of the mine shall determine the signals to be used in connection with the operation of that apparatus or conveyor.

(2) There shall be kept posted at the place at which the apparatus or conveyor is operated and at suitable places along the road a notice specifying the signals determined by the manager for use therein.

Section 26

A sufficient supply of suitable sprags, lockers or drags shall be provided, maintained and used for the purpose of holding vehicles—

(a) at the top of every incline on which vehicles are moved by gravity operated rope haulage apparatus; and

(b) at suitable points on any length of road in which the gradient exceeds 1:20.

Section 27

The manager of every mine shall secure the provision and maintenance of suitable and sufficient lighting at such entrances below ground to each shaft or outlet and at such sidings provided in relation thereto as are regularly used whenever persons are working thereat or walking there through.

Section 28

The manager of every mine in which or in part of which the use of lamps or lights, other than permitted lights, is unlawful shall make and ensure the efficient carrying out of arrangements to secure that no safety-lamp is taken for use below ground in that mine or part unless it has since last in use been thoroughly examined and found to be in safe working order and unless it is securely locked.

Section 29

No person employed below ground at a mine shall leave his working place without taking his portable lamp or light with him.

Section 30

No person shall take into or use in any mine any blasting material or device except in accordance with regulations applicable to that mine.

Section 31

At every building or structure at or adjoining the top of a shaft or outlet and in every engine room, motor room or boiler gallery, being a building, structure, room or gallery in the construction of which timber is used, there shall be provided and maintained suitable and sufficient means of extinguishing any fire thereat.

Section 32

(1) No inflammable material shall be used in the construction of any room or compartment containing electrical apparatus below ground in any mine, or inside any such room or compartment in proximity to such apparatus, unless the apparatus is so constructed, protected and worked as to obviate the risk of fire.

(2) No oil or other inflammable material shall be stored in any place below ground containing electrical apparatus.

Section 33

At any place below ground in any mine at which electrical apparatus immersed in more than one hundred gallons of oil in the aggregate is installed the manager shall secure the provision of suitable and sufficient means for localising and extinguishing any fire resulting from the ignition of the oil.

Section 34

No loose material which is burning shall be left unattended below ground otherwise than in pursuance of section seventy-nine or section eighty of the Act.

Section 35

No calcium carbide shall be taken below ground otherwise than in a lamp or in a water-tight metal container.

Section 36

Without prejudice to the obligation imposed by section seventy-seven of the Act, where at any time there is reasonable cause to apprehend that any working in a mine is within one hundred and twenty feet of a place which may contain an accumulation of water or other liquid matter or noxious gas—

(a) the working shall not be more than eight feet in width or eight feet in height;

(b) there shall constantly be kept in advance of the face of the working at least one bore hole not less than ten feet in length in igneous rock or fifteen feet in length in other strata; and

(c) there shall be kept such flank, roof and floor bore holes of similar length as may be necessary to ensure that any water or other liquid matter or gas in that place will be tapped in the first instance by a bore hole.

Section 37

(1) No person shall clean any machinery which is in motion.

(2) No person shall oil or grease any machinery which is in motion unless provision is made for the operation to be performed in safety.

(3) No person shall put any belt on or off a pulley while any machinery of which it forms part is in motion under mechanical power otherwise than by means of a safety contrivance.

Section 38

At every mine a competent person appointed for that purpose by the manager shall at intervals not exceeding seven days examine any machinery and apparatus forming part of the equipment of the mine other than machinery or apparatus the periodical examination of which at more frequent intervals is expressly provided for by regulations (including these regulations) or any winding or haulage apparatus which is in use solely for carrying persons through any shaft, staple-pit or unwalkable outlet but which is not ordinarily so used.

Section 39

At every mine a competent person appointed for the purpose by the manager shall examine thoroughly—

(a) at intervals not exceeding twenty-four hours, the external parts of any winding or haulage apparatus (including any apparatus ancillary thereto) which is in use for carrying persons through any shaft, staple-pit or unwalkable outlet;

(b) at intervals not exceeding three months and immediately before use for carrying persons on any occasion, any winding or haulage apparatus which is provided for any shaft, staple-pit or unwalkable outlet but which is not ordinarily so used.

Section 40

(1) At every mine a competent person appointed for the purpose by the manager shall at intervals not exceeding six months thoroughly examine all apparatus (including any detaching hook) provided for attaching to the rope any cage, carriage or kibble ordinarily used in a shaft, staple-pit or unwalkable outlet.

(2) The manager of every mine shall make and secure the efficient carrying out of arrangements whereby any such apparatus so used is at intervals not exceeding six months annealed or subjected to other appropriate heat treatment:

Provided that in relation to any apparatus made of any steel which does not require heat treatment an inspector may by notice served on the manager of the mine exempt such apparatus from the application of this paragraph.

(3) The manager of every mine shall make and secure the efficient carrying out of arrangements whereby every detaching hook is dismantled, cleaned and refitted at intervals not exceeding three months.

(4) Where the efficient operation of any detaching hook would be affected by wear of any ancillary plate or bell a competent person appointed for the purpose by the manager shall at intervals not exceeding thirty days measure the relevant dimensions by means of calipers or gauges.

Section 41

(1) No spliced rope shall be used for winding in a shaft or staple-pit in which persons are raised or lowered.

(2) No rope shall be so used for more than three and a half years:

Provided that if the Minister, having regard to the condition of the rope and the extent to which and the circumstances in which it has been used, is satisfied that it can be used for such winding for a further period without danger, he may by notice served on the manager authorised such use of that rope for a further period.

Section 42

No rope shall be used in winding apparatus in which the rope is wound on a drum unless it is of such a length that there are at least two rounds of it on the drum when the cage or kibble is at the lowest entrance of the shaft or staple-pit.

Section 43

(1) A competent person appointed for the purpose by the manager of the mine shall at intervals not exceeding thirty days thoroughly examine each rope used for winding in a shaft or staple-pit.

(2) In the course of any such examination the rope shall be thoroughly cleaned at all places particularly liable to deterioration and at other places not more than three hundred feet apart throughout its length and at each of these places after cleaning examination shall be made of the circumference and surface condition of the rope and for any fractures of the wires.

Section 44

No capped rope shall be used in winding or haulage apparatus unless the capping is of a type which has been found to withstand a load of—

(a) in the case of a rope used in winding apparatus, at least seven times the maximum static load which may be suspended on that rope;

(b) in the case of a rope used in haulage apparatus, at least sixty per cent. of the breaking strain of rope of that type.

Section 45

No capped rope shall be used in any haulage apparatus by means of which persons are carried or in any winding apparatus unless when the capping was made the work was superintended by a competent person appointed for that purpose by the manager of the mine.

Section 46

No capped rope shall be used at any time for winding in any shaft or staple-pit unless the capping has been made within the period of six months immediately preceding that time.

Section 47

(1) No rope which has been re-capped shall be used in any haulage apparatus by means of which persons are carried or in any winding apparatus unless on the last occasion on which it was re-capped a part of the rope including the capping not less than six feet in length was cut off: so however that if at the date of any re-capping the preceding capping or re-capping was done not more than three, four of five months previously the part to be cut off need not exceed three, four or five feet respectively.

(2) Any length of rope cut off in pursuance of this regulation shall forthwith be opened up and its internal condition examined by a competent person appointed for the purpose by the manager of the mine.