Safety, Health and Welfare at Work (Extractive Industries) Regulations, 1997

• Jurisdiction: Ireland
• Citation: IR SI 467/1997
• Year: 1997

S.I. No. 467 of 1997.
SAFETY, HEALTH AND WELFARE AT WORK (EXTRACTIVE INDUSTRIES) REGULATIONS, 1997
ARRANGEMENT OF REGULATIONS
Part I
Regulation Interpretation and General
1 Citation and commencement
2 Interpretation
3 Application
Part II
General Safety, Health and Welfare Provisions
4 General duties of employer
5 Information
6 Health surveillance
First Schedule
Requirements applicable to the Extractive Industries.
Second Schedule
Requirements applicable to Underground Extractive Industries.
Third Schedule
Requirements applicable to Surface Extractive Industries.
Fourth Schedule
Requirements applicable to Extractive Industries Through Drilling On-Shore.
Fifth Schedule
Requirements applicable to Extractive Industries Through Drilling Off-Shore.
S.I. No. 467 of 1997.
SAFETY, HEALTH AND WELFARE AT WORK (EXTRACTIVE INDUSTRIES) REGULATIONS 1997.
I, Tom Kitt, Minister of State at the Department of Enterprise, Trade & Employment in exercise of the powers conferred on me by section 28 of the Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989), in relation to the matters set out in paragraphs (1) to (16), (19) to (21), (23) to (30), and (32) to (37) of the Fourth Schedule to that Act, and the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1993 ( S.I. No. 18 of 1993 ) as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 305 of 1997 ), and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 330 of 1997 ) and after consultation with the National Authority for Occupational Safety and Health, and for the purpose of giving effect to Council Directive 92/91/EEC 1 and Council Directive 92/104/EEC 2 hereby make the following Regulations:
1 O.J. No. L348, 28 November, 1992, p. 9
2 O.J. No, L404, 31 December, 1992, p. 10
PART I INTERPRETATION AND GENERAL
	1 Citation and commencement	1. (1) These Regulations may be cited as the Safety, Health and Welfare at Work (Extractive Industries) Regulations, 1997.
(2) These Regulations shall come into operation on the 21st day of November 1997.
	2 Interpretation	2. (1) In these Regulations—
"the Act" means the Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989);
"ancillary surface installation" means any surface installation housing workstations which are essential to the operation of a surface or underground extractive industry;
"extractive Industry" means a surface or underground extractive industry or an extractive industry through drilling onshore or offshore;
"extractive Industry through drilling onshore" means any industry practising any of the following—
( a ) extraction of minerals through drilling by boreholes—
(i) on any lands within the State,
(ii) on any waters being the internal or inland waters of the State (including so much thereof as are extended by Section 5 of the Maritime Jurisdiction Act, 1959 ),
(iii) on any floating, fixed or other installation which is connected with land above the high water mark of the territorial seas of the State by a permanent structure providing access to the installation at all times and for all purposes,
( b ) prospection with a view to such extraction,
( c ) preparation of any such minerals so extracted for sale, other than the activity of processing those minerals;
"extractive industry through drilling offshore" means any industry practising any of the following—
( a ) extraction of minerals through drilling by boreholes,
( b ) prospection with a view to such extraction,
( c ) preparation of any such so extracted minerals for sale, other than the activity of processing those minerals,
within the waters to which the Safety, Health and Welfare (Offshore Installations) Act, 1987 (No. 18 of 1987), applies (other than the waters in all the areas of the sea to which the internal or inland waters of the State are extended by Section 5 of the Maritime Jurisdiction Act, 1959 )
but other than by means of any floating, fixed or other installation which is connected with land above the high water mark of the territorial seas of the State by a permanent structure providing access to the installation at all times and for all purposes:
"minerals" has the meaning assigned to it by
( a ) section 5 of the Mines and Quarries Act, 1965 (No. 7 of 1965), and
( b ) section 2 of the Safety, Health and Welfare (Offshore Installations) Act, 1987 (No. 18 of 1987);
and includes any other naturally occurring substance having a characteristic set of physical properties with a definite range of chemical composition and a distinct molecular structure;
"place of work" includes, in relation to an extractive industry, the whole area intended to house workstations to which employees have access for the purpose of their work relating to the immediate and ancillary activities and installations of, as appropriate
( a ) the surface or, as the case may be, underground extractive industry, including overburden dumps and other tips and any accommodation that is provided and, in the case of the underground extractive industry, any working area;
( b ) the extractive industry through drilling onshore including any accommodation that is provided; and
( c ) the extractive industry through drilling offshore, including any accommodation that is provided.
"prospecting" means the activity of searching for minerals or mineral deposits;
"the Signs Regulations" means the Safety, Health and Welfare at Work (Signs) Regulations, 1995 ( S.I. No. 132 of 1995 );
"the Principal Regulations" means the Safety, Health and Welfare at Work (General Application) Regulations, 1993 ( S. I. No. 44 of 1993 );
"surface extractive industry" means any industry practising any of the following—
( a ) surface extraction of minerals,
( b ) prospecting with a view to such extraction,
and includes ancillary surface installations and the preparation of any such minerals so extracted for sale, other than the activities of any manufacturing process of those minerals;
"underground extractive industry" means any industry practising any of the following:
( a ) underground extraction of minerals,
( b ) prospecting with a view to such extraction, and includes ancillary surface installations and the preparation of any such minerals so extracted for sale, other than the activities of any manufacturing process of those materials;
"workstation" means any locations at a place of work in the extractive industries where work or work related activities are undertaken and includes a working place in the underground extractive industry.
(2) In these Regulations a reference to a paragraph is to a paragraph in the Regulation or, as the case may be, Schedule in which the reference occurs, unless it is indicated that reference to some other Regulation or Schedule is intended, and a reference to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other Regulation is intended.
(3) In these Regulations a reference to a Schedule is to a Schedule to these Regulations unless it is indicated that reference to some other Schedule is intended.
	3 Application	3. (1) Without prejudice to the application of the relevant statutory provisions
( a ) the provisions of Part II of these Regulations shall apply to every extractive industry;
( b ) the provisions of Part A of the First Schedule shall apply to every extractive industry and the provisions of Part B of the First Schedule shall apply to every
(i) extractive industry through drilling onshore,
(ii) extractive industry through drilling offshore, and to ancillary surface installations in respect of every
(iii) underground extractive industry,
(iv) surface extractive industry;
( c ) the provisions of the Second Schedule shall apply to every underground extractive industry;
( d ) the provisions of the Third Schedule shall apply to every surface extractive industry;
( e ) the provisions of the Fourth Schedule shall apply to every extractive industry through drilling onshore.
( f ) the provisions of the Fifth Schedule shall apply to every extractive industry through drilling offshore.
(2) The provisions of these Regulations shall not apply to every following activities of an extractive industry through drilling by borehole
( a ) extraction of landfill gas;
( b ) drilling of shot-firing holes in connection with blasting operations in mines and quarries referred to in the Mines and Quarries Act, 1965 (No. 7 of 1965);
( c ) extraction of water except where the extraction of water is directly related to the extraction of minerals or to activities ancillary to such extraction.
(3) Without prejudice to the definition of "construction work" in Regulation 2 of the Safety. Health and Welfare at Work (Construction) Regulations, 1995 ( S.I. No. 138 of 1995 ), for the avoidance of doubt it is hereby declared that the provisions of those Regulations do not apply to any extractive industry through drilling offshore or to any area where the Safety, Health and Welfare (Offshore installations) Act, 1987 (No. 18 of 1987), or regulations made thereunder apply.
(4) The provisions of Regulations 2 and 4 and Part II of the Principal Regulations shall apply for the purposes of these Regulations.
(5) The requirements of the Schedules shall apply whenever required by the features of the place of work, the work activity carried on and the circumstances or the hazards prevailing in relation to any such work activity.
PART II: GENERAL SAFETY HEALTH AND WELFARE PROVISIONS
	4 General duties of employer	4. It shall be the duty of every employer, in relation to any place of work under his or her control, to ensure that
( a ) the place of work is designed, constructed, equipped, commissioned, operated and...