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MINING REGULATIONS, 1970 (LI 665).

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ARRANGEMENT OF REGULATIONS

PART 1—GENERAL DUTIES OF MINE OWNERS

Regulation

1. Owner to make financial provision.

2. Appointment of manager.

3. Owner to furnish name of mine and of manager.

4. Responsibility for working.

5. Qualifications of managers, underground managers and mine Captains.

6. Holder of digging licence to be deemed manager.

7. Commencing, discontinuing and recommencing work to be notified.

8. Responsibility of owner and manager during discontinuance or abandonment.

9. Appointments not to relieve manager of his personal responsibility.

10. Holder of digging licence may appoint an accredited representative.

11. General responsibility of manager.

12. Responsibility for accidents occurring through incompetence of workmen.

13. Responsibility for safety and discipline.

14. Other duties of manager.

15. Manager to ensure duties are assigned to a competent person.

16. Appointment of shift bosses and qualifications of shift bosses.

17. Manager, underground manager or mine captain not to act as shift boss or mining foreman.

18. Duties of shift bosses and mining foremen.

19. Continuing responsibility of manager, underground manager and mine captain.

20. Competent persons to inspect workings daily.

21. Appointment of fire patrols.

22. Machinery to be under charge of competent resident engineer.

23. Exemptions.

24. Mines plans

25. Scale of plans.

26. Measurements.

27. Co-ordinates and records of surveys.

28. Permanent bench mark compulsory.

29. Plans to be brought up to date and deposited with the Chief Inspector of Mines.

30. Plans confidential.

31. Workings must be surveyed before abandoning.

32. Penalty on breach.

33. Withholding or concealing plans; faulty plans.

34. Rules by Chief Inspector of Mines.

35. Monthly and quarterly returns.

36. Forms obtainable from Inspector.

37. Other returns to be forwarded if required.

38. Returns to be sworn if required.

39. False returns an offence.

40. Protection of surface subsidences or cavities.

41. Filling in or fencing disused trenches, pits or excavations.

42. Protection of shafts not in use and elevated platforms, etc.

43. Inflammable refuse not to accumulate about headgear or buildings.

44. Water containing injurious matter.

45. Precautions to be taken in digging trenches, pits or other excavations.

46. Danger from falls.

47. Safe means of access to be provided and maintained.

48. Life line.

49. Overhanging forbidden.

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

51. Terraces or benches.

52. Loose material and stones to be cleared.

53. Surface working to be inspected by competent person appointed by manager.

54. Two outlets from mine to surface necessary.

55. Responsibility for maintenance of outlets.

56. Exemption.

57. Ladder-ways and fenced platforms.

58. Ladder-ways to be provided in all shafts.

59. Platforms to be provided in ladder-ways.

60. Travelling-ways in steeply inclined shafts to be bratticed off.

61. Special travelling-ways to be used.

62. Carrying of tools or loose materials on ladder-ways prohibited.

63. Fencing of entrances to shafts, winzes, etc.

64. Protection of underground against falling material.

65. Underground entrances to abandoned workings to be securely fenced.

66. Laying down of loose articles prohibited near shaft entrances.

67. Winding compartments, provision against crossing

68. When crossing permitted.

69. Guides to be provided.

70. Protection for sinkers

71. Winding apparatus to be provided with suitable locking device or brake.

72. Winding engines, adequate brakes, required.

73. Raising or lowering persons: permission required.

74. Winding engine to be easily manipulated.

75. Reliable depth indicator necessary.

76. Automatic overwinding prevention device.

77. Winding ropes; quality and relation of breaking to working load.

78. Spare rope to be kept where person are hoisted.

79. Recapping ropes and test piece.

80. Annealing

81. Life of rope

82. Particulars of new winding ropes

83. Winding ropes and connecting apparatus to be examined and tested before using for winding and result of examination to be recorded immediately.

84. Winding rope samples to be tested if required

85. Used ropes prohibited

86. Spliced rope prohibited for the transport of persons

87. Secure connection between rope and conveyance

88. Securing of projecting materials during winding

89. Filling, hooking, steadying, stopping and starting of sinking bucket

90. Manager to ensure maximum number of persons not exceeded.

91. Covers and safety catches required

92. Automatic operation of keps, etc.

93. No person allowed to ride on side or bow of skip, etc., riding in partially loaded cages, skips, etc., forbidden.

94. Acts prohibited while cage is in motion.

95. Winding during repairs, etc.

96. Precautions in the case of shaft repairs.

97. Completion of shaft repairs

98. Brass token to be kept in conspicuous place in winding engine room.

99. Signals when brass token removed to be preceded by the signal "one long bell".

100. Precautions to be taken against fire where flame cutting or welding apparatus is used in shaft repairs.

101. Shaft signals required

102. Each winding engine to be provided with a separate signalling system

103. Unauthorised persons not to signal

104. Code of shaft signals

105. Signals during blasting

106. Signal wires

107. Legible notice of signals

108. Authorisation of persons appointed to give signals

109. Duties of persons authorised to give signals.

110. Winch drivers

111. Winding engine drivers

112. Winding engine drivers to undergo regular medical examination

113. Certificate may be withdrawn in certain cases

114. All tests to be recorded in winding engine driver's certificate

115. Distinct signals to be received before starting engine

116. Testing of brakes by driver

117. Speed of winding of persons and precautions against shocks.

118. Winding engine driver to observe certain provisions

119. Examination of winding equipment

120. Duty when defect is discovered

121. Machinery Record Book and Shaft Log Book.

122. Refuge holes to be provided if necessary

123. Traction operated by machinery

124. Locomotive provisions

125. Lights on trains, etc.

126. Riding on haulage gear

127. Ascending or descending while in motion prohibited

128. Material exceeding length of truck

129. Locomotive not to be left unattended

130. Arrangement of control levers

131. Defective and non-maintained locomotives not to be used

132. Diesel locomotive requirements

133. Appointed filling and charging stations only to be used

134. Securing of unsafe workings and dangerous ground and reserve timber supplies.

135. Reporting danger and books for compliant

136. Connection with old or abandoned workings, pilot holes and discussed workings.

137. Safety pillars between adjoining properties and their removal.

138. Pollution of underground workings

139. Tailings used for filling

140. Stagnant water to be drained off

141. Refuse not to accumulate underground.  Fire precautions to be taken.

142. Quality of air

143. Ventilating doors to be self-closing

144. Ventilation of winzes and raises

145. Disused working to be examined before being against used.

146. Vitiated air to be replaced

147. Persons not to work in foul air

148. Water for dust prevention

149. Rock drills

150. Used of wet swab

151. Tipping operations, etc.

152. Crushing and milling

153. Water blast to be installed

154. Air and dust quantities to be determined

155. Stationery lights to be provided

156. Working parts of machine to be well lighted

157. Light to be carried in underground, etc., working

158. Storage conditions

159. Disposal on mine closing

160. Storage of restricted quantities of explosives underground

161. Naked lights prohibited

162. Storage of blasting powder, detonators, etc.

163. Explosive scraps to be destroyed.

164. Loitering prohibited

165. Magazine to be in the charge of holder of certificate of competency.

166. Weekly inspection to be made

167. No undue delay to occur during transfer

168. Detonators to be transported separately

169. Notice to engine driver

170. Precautions while carrying explosives

171. Precautions in haulage ways

172. Receipt and delivery of explosives

173. Only probable amount of explosives required for the shift to be issued.

174. The mine explosives only to be used

175. Precautions in opening cases

176. Smoking, etc, forbidden in magazine

177. Certificate of Competency for blasting

178. Charging of drill holes, etc

179. Rules to be observed by the holder of a Certificate of Competency.

180. Record of employees to be kept

181. Contracts not to remove responsibility

182. Change house to be provided for persons employed underground

183. No intoxicating liquor to be allowed

184. Fighting or unlawful assault

185. Sleeping in mine, etc, prohibited

186. Naked lights on timber, etc, prohibited

187. Hard hats

188. Boots

189. Goggles

190. Loose Clothing prohibited

191. Persons infected with tuberculosis prohibited from entering underground workings

192. Duty to wear life line

193. Restrictions and ascending a chute, etc.

194. Tributers may be prohibited

195. Token to be issued to tributers

196. Tributer's register

197. Offences in respect of registration and tokens

198. Duties of manager; safety

199. Limitation of hours of work and movement of mineral

200. Tributer to work only on area for which he is registered

201. Tributer to deliver mineral only to manager or his representative

202. Limitation on receipt of mineral

203. All mineral won to be disclosed

204. Place of receipt of mineral

205. Tributers not to be employed on prospecting operations

206. Notice of accident to be sent by manager

207. Death resulting subsequently to be notified

208. Place of fatal accident to be left undisturbed until examined by the Inspector

209. Enquiry by Inspector

210. Powers at enquiry

211. Reports to Chief Inspector of Mines and to Coroner

212. Inquest by Coroner

213. Reporting of non-casualty accidents or occurrences

214. Mine register of accidents

215. Record of rockbursts

216. Stretchers

217. Ambulance to be under charge of reliable person

218. Antidotes for poisons

219. Drinking water

220. Medical attendance in case of accident and conveyance of injured person.

221. Rescue apparatus

222. Rescue brigades

223. Powers of Inspectors

224. Appeals from instructions of Inspector or Chief Inspector of Mines

225. Exemption

226. Responsibility of user of boiler, engine, etc.

227. Condition of safety appliances

228. Competent person to be in charge

229. Continuous supervision necessary

230. Fencing off machinery

231. Fences and guards not to be removed

232. No interference with machinery

233. Repairing, oiling, etc., of machinery in motion and automatic oiling.

234. Friction clutches or similar contrivance to be provided

235. Inspectors to have access to boilers and machinery

236. Instructions to be in writing

237. Appeal

238. Elevators not to be used for transport of persons without permission of Chief Inspector of Mines

239. Precautions for safety of persons in vicinity of elevator

240. Periodical examination of elevator

241. Locking doors of entrances to hatchway

242. Construction and safety catches of car

243. Car to have gate or bars

244. Examination

245. Efficient catch or brake to be provided

246. Safe working load to be plainly marked, not to be exceeded, and exemptions

247. Clearance of aerial ropeways

248. Construction and maintenance

249. Safety valves

250. Attachments to steam boiler

251. Precautions when clearing or repairing

252. Examination by competent person

253. Previously used boiler to be tested before re-use

254. Manufacturer's certificate for new boiler

255. Inspector to be notified when boiler to be used for the first time

256. Inspector may examine and test boilers, preparation of test

257. Recording of dates of examination and repairs

258. Manager to give notice to Inspector of important repairs

259. Pressure gauges and safety valves on receivers

260. Testing receivers

261. Records of tears

262. Inspection of air plant and record of inspections

263. Supply of air

264. Fusible plugs and thermometers

265. Competent engineer

266. Plans of electrical apparatus

267. Switchgear

268. Use of electrical apparatus

269. Examination and repairs

270. Apparatus to be earthed

271. Cables

272. Transformed energy

273. Protection of electrical apparatus

274. Notices to be posted

275. Factors of safety

276. Distances from roads, railways, etc

277. Distance from explosives magazines

278. Clearance of overhead lines

279. Construction

280. Breakage of conductors

281. Line conductors to be rendered inaccessible

282. Supports

283. Service line

284. Telephone lines

285. Lines crossing other lines

286. Atmospheric disturbances

287. Inspection and maintenance

288. Dangerous objects to be notified to persons in charge

289. No damage to be done to anything provided for safety or protection

290. Responsibility for sanitary conditions

291. Abstracts of Regulations to be posted and provided to employees

292. Notification of commencement or termination of employment

293. Deputies.  Possession of employment card or token

294. Obedience to orders and instructions

295. Prosecution

296. Acts prejudicial to safety or discipline

297. No agreement shall prevent a person from complying with the Regulations

298. Samples may be taken

299. Exemption may be given in case of certain oil mining operations

300. Interpretation

301. Rescission

IN exercise of the powers conferred on the Minster responsible for Land and Mineral Resources, by section 11 of the Mining Rights Regulation Ordinance (Cap. 153), and acting on the advice of the Lands Commission, these Regulations are made this  8th day of September, 1970.  [Date of making of Instrument inserted by LI 689 reg.(a).]

PART 1—GENERAL DUTIES OF MINE OWNERS

Regulation 1—Owner to Make Financial Provision.

It shall be the duty of the owner of every mine or works subject to these Regulations to make such financial and other provision and take such other steps as may be necessary to secure, that the mine or works is managed and worked in accordance with the requirements of these Regulations.

Regulation 2—Appointment of Manager

The manager of such a mine or works shall be appointed by the owner thereof, who, if an individual and suitably qualified, may appoint himself.

Regulation 3—Owner to Furnish Name of Mine and of Manager.

The owner of such a mine or works shall without delay furnish to the Chief Inspector of Mines in writing—

(a) The name and situation of the mine or works.

(b) The name of the company or syndicate controlling the mine or works.

(c) The name and address of the manager.

(d) Notice of any change, of manager, or of the name of the mine, works, company, or syndicate within three days of such change.

PART 2—MANAGEMENT AND CONTROL

Regulation 4—Responsibility for Working.

The working of a mine or works shall be carried on under the control and responsibility of the manager.

Regulation 5—Qualifications of Managers, Underground Managers and Mine Captains.

(1) No person shall carry out, or be permitted to carry out, in any underground working the duties of a manager, or an 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 to say—

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

(b) being not in possession of the technical qualifications laid down in sub-paragraph (a) he may be appointed a mine captain provided he has complied with the requirements of the Examinations Regulations; or

(c) in the case of a mine employing not more than 30 persons underground, a manager, underground manager or a mine captain shall have had two years practical underground metalliferous mining experience exclusive of surveying and sampling, save where he has successfully passed the through the curriculum of a mining school or academy recognised by the Chief Inspector of Mines, 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 under regulation 177 of these Regulations, provided that this paragraph shall not apply in the case of a manager of mine captain of a surface working on which explosives are not in regular use;

(e) he has satisfied a board of examiners appointed by the Chief Inspector of Mines (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 of Mines in addition, that—

(g) he is the holder of a recognized First Aid Certificate;

(h) he is the holder or shall within six months from the date of his appointment become the holder of a Mine Rescue Brigade Certificate or shall have attained the age of 45 years, or has been exempted by the Chief Inspector of Mines.

(2) No person shall carry out, or be permitted to carry out on any surface working other than a quarry or a digging area, the duties of a managers mine captain unless he proves to the satisfaction of the Chief Inspector of Mines that—

(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 requirements of the Examinations Regulations; or

(b) being a prospective line captain he has complied with the requirements of the Examination Regulations; or

(c) in the case of a mine employing not more than 50 persons he has had two years practical metalliferous mining or metallurgical experience, exclusive of surveying and sampling, save where he has successfully passed through the curriculum of a mining school or academy recognised by the Chief Inspector of Mines, in which case he shall be exempted from one or such two years;

(d) he is the holder of a Certificate of Competency to conduct blasting operations issued under regulation 177 of these Regulations, provided that this paragraph shall not apply in the case of a manager or mine captain of a surface working on which explosive are not in regular use;

(e) he has satisfied a board of examiners appointed by the Chief Inspector of Mines (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 a mine captain he shall prove to the satisfaction of the Chief Inspector of Mines in addition, that—

(g) he is holder of a recognised First Aid Certificate.

(3) 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 Certificate of Competency to conduct blasting operations issued under regulation 177;

(b) he has satisfied an Inspector of Mines as to his knowledge of quarrying and these Regulations.

Regulation 6—Holder of Digging Licence to be Deemed Manager.

For the purposes of these Regulations the holder of a digging licence issued under section 38 of the Concessions Ordinance (Cap. 136) shall be deemed to be the manager of the area in respect of which the licence was issued.

Regulation 7—Commencing, Discontinuing and Recommencing Work to be Notified.

Where any working is commenced for the purposes of opening a mine, or the working of a mine has been temporarily or permanently discontinued or abandoned, or where the working of a mine is recommenced after any such discontinuance or abandonment, the manager, or, failing him, the owner of such mining property, shall give written notice thereof to the Chief Inspector of Mines at least six weeks before such working is commenced, recommenced, discontinued or abandoned.

Regulation 8—Responsibility of Owner and Manager During Discontinuance or Abandonment.

(1) When the working of any mine is discontinued or abandoned, the owner or his attorney or agent or manager at the time of its discontinuance or abandonment shall continue to be responsible for the carrying out of the regulations laid down regarding the protection of the surface and the furnishing of plans under Part 4 until such regulations shall have been compiled with.

(2) Upon the Chief Inspector of Mines being satisfied that such regulations have been duly complied with, he shall issue a certificate to that effect, and the owner, attorney, agent and manager shall thereupon be relieved from all responsibilities.

Regulation 9—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 regulation 5 of these Regulations to assist him in the control, management, and direction of the mine or works and any person so appointed shall have the same responsibility under these Regulations as the manager for such portion of the mine or works as his letter of appointment shall specify but the appointment of such persons shall not be taken to relieve the manager of his personal responsibility under these Regulations.

(2) Any appointment under the last preceding sub-regulation shall be in writing and such letter shall clearly define the portion of the mine assigned for management to the person so appointed.  A copy of the letter of appointment shall be forwarded to the Chief Inspector of Mines.

Regulation 10—Holder of Digging Licence May Appoint an Accredited Representative.

(1) The holder of a digging licence may appoint a competent person (who shall be a citizen of Ghana) as his accredited representative to assist him in the control and management of the digging areas, but the appointment of such person shall not be taken to relieve the licence holder of his personal responsibility under these Regulations.

(2) No person shall be deemed to be an accredited representative unless the licence holder has first obtained written approval of such person from an Inspector, who may in his discretion grant, refuse or revoke such approval.

Regulation 11—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.

Regulation 12—Responsibility for Accidents Occuring Through Incompetence of Workmen.

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.

Regulation 13—Responsibility for Safety and Discipline.

(1) The manager shall provide for the safety and proper discipline of the men employed above and below ground and shall appoint such persons as may be necessary to carry out the provisions of these Regulations, or any part thereof, and unless he proves that he has taken all reasonable measures by enforcing to the best of his ability these Regulations, he is guilty of an offence against these Regulations.

(2) The manager may, whenever he considers it necessary or desirable, cause any person employed in or on the mine or works, to be searched by a person duly authorised by him in writing to do so.

Working knowledge of English language required.

(3) No person, not being a native of West Africa or of an English speaking country shall be employed or be permitted to be employed in or about any mine or works unless he possesses to the satisfaction of the Chief Inspector of Mines a working knowledge of the English language.

(4) For the purpose of sub-paragraph (3) hereof, every such person shall present himself to the Inspector for examination.

Certificate of knowledge of English language.

(5) If the Chief Inspector of Mines is satisfied that such a person possesses a working knowledge of the English language he may grant such a person a certificate to such effect, and no person not being a native of West Africa or of an English speaking country shall be employed or be permitted to be employed in or about a mine or works unless he is in possession of such certificate.

Regulation 14—Other Duties of Manager.

In addition to his other duties and responsibilities under these Regulations the manager shall—

(a) Provide or cause to be provided on the surface and in underground workings sufficient and suitable sanitary conveniences in accordance with the following rules:—

(i) where the number of persons employed does not exceed one hundred there shall be one sanitary convenience for every twenty-five persons or portion thereof;

(ii) where the number of persons so employed exceeds one hundred there shall be an additional sanitary convenience for every forty persons or portion thereof over the first one hundred;

(iii) at each main working level underground a well ventilated screened latrine with concrete floor, graded and drained to a sump at the back of the latrine shall be provided.  The walls shall be concrete for at least two feet up the sides.

(iv) 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.

(v) All latrines shall be so arranged and maintained as to be conveniently accessible to all workmen.

(b) Cause all latrines to be sufficiently ventilated, infected, lighted and kept in a clean condition.

(c) Cause all working levels, drives, crosscuts and stations to be examined daily as to their sanitary conditions and any defects therein shall be reminded immediately.  All stations and latrines and the  area about them for a distance of 100 feet shall be thoroughly disinfected at least twice every week and the dates of such disinfection shall be logged by the mine captain; and these records shall be open to inspection by the Inspectors of Mines or Medical Officer of Health.

(d) Provide or cause to be provided an adequate supply of wholesome drinking water within reasonable access of all workmen.

(e) Supply to the person who have to carry on blasting operations fuse igniters of a type approved by the Chief Inspector of Mines.

(f) Cause all plant, material and other things necessary for compliance with the requirements of these Regulations to be provided and maintained in good order and repair.

Regulation 15—Manager to Ensure Duties are Assigned to a Competent Person.

It shall be the duty of every manager to ensure that a competent person appointed by him shall be responsible for every inspection, examination or other thing required under these regulations.

Regulation 16—Appointment of Shift Bosses, and Qualifications of Shift Bosses.

(1) In every mine in which more than one hundred persons are employed underground, the manager shall appoint in writing one or more competent persons to act as a shift boss of bosses, and the manager shall notify the Chief Inspector of Mines in writing of every such appointment.

(2) Subject to the provisions of paragraph (6) of this regulation, no person shall carry out, or be permitted to carry out, the duties of a shift boss unless he is the holder of a certificate of competency granted by the Chief Inspector of Mines.

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

(a) the applicant is literate;

(b) the applicant is the holder of a Certificate of Competency to conduct blasting operations issued under regulation 177 of these Regulations;

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

(d) the applicant is the holder of a Mine Rescue Brigade Certificate or shall have attained the age of 45 years;

(e) the applicant has complied with the requirements of the Examination Regulation;

(f) 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.

(4) 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 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.

(5) Any such endorsement, suspension or cancellation as is mentioned in paragraph (4) of this regulation shall forthwith be reported by the Inspector to the Chief Inspector of Mines, and any shift boss affected by such endorsement, suspension or cancellation may, within fourteen days thereof but not otherwise, appeal therefrom to the Chief Inspector of Mines, whose decision shall be final.

(6) The provisions of paragraph (2) of this regulation shall not apply to any person already carrying out the duties of a shift boss on the 1st day of March, 1947.

(7) In any surface or open-cast mine, other than a quarry or digging area, in which more than one hundred persons are employed, the manager shall appoint in writing one or more competent persons to act as a mining foreman of foremen and the manager shall notify the Chief Inspector of Mines in writing of every such appointment.

(8) Subject to the provisions of paragraph (6) of this regulations, no person shall carry out, or be permitted to carry out, the duties of a mining foreman unless

(a) he is literate;

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

(c) if employed in any part of the mine where blasting is carried out, he is the holder of a Certificate of Competency to conduct blasting operations issued under regulation 177 of these Regulations;

(d) he has had two years practical mining or metallurgical experience exclusive of surveying or sampling, save where he has successfully passed through the curriculum of a mining school or academy recognised by the Chief Inspector of Mines in which case he shall be exempted from one of such two years;

(e) he has satisfied the manager as the appointing authority, as to his knowledge of these Regulations;

(f) he has produced a certificate from a duly qualified medical practitioner that he possesses sound sight and hearing and is not subject to bodily or mental infirmity likely to interfere with the efficient discharge of his duties as a mining foreman.

(9) Every mining foreman appointed 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 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 appointment terminated by the manager at the request of the Inspector.

(10) Any such termination called for by the Inspector as is mentioned in paragraph (9) of this regulation shall forthwith be reported by the Inspector to the Chief Inspector of Mines, and any mining foreman affected by such termination may, within fourteen days thereof but not otherwise, appeal therefrom to the Chief Inspector of Mines, whose decision shall be final.

Regulation 17—Manager, Underground Manager or Mine Captain not to Act as Shift Boss or Mining Foreman.

No manager, underground manager 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 the Inspector.

Regulation 18—Duties of Shift Bosses and Mining Foremen.

(1) Every shift boss shall take charge during a shift of a section of the underground working of a mine, and such section shall be clearly defined in writing by the manager, underground manager or mine captain to the shift boss 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 to the manager, underground manager or mine captain any contraventions thereof.

The fact that the place 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 from the responsibility of reporting such contravention.  Every shift boss shall further, specially report whether water is being used in accordance with the requirements of these Regulations for the elimination of dust and fumes.

(3) Every shift boss shall at least once during his shift inspect every portion of the section of the mine assigned to him in which persons are working or through which they may have occasion to pass, and shall ascertain the conditions thereof as regards ventilation, sanitation, the presence of gases and dust and the state of the hanging wall, footwall and sides, and generally so far as the safety and health of persons are concerned.  The fact that any working place or places in his section is or are being worked on contract shall not relieve the shift boss of the responsibility of visiting such working place or places.  When the regular shift boss is absent, the working places of the section shall be inspected by either the mine captain or another shift boss.

(4) A shift boss shall be physically present in each shift boss's section in which men are working and shall be responsible for their whereabouts and evacuation in an emergency.

(5) Every shift boss or mining foreman shall, at the completion of his shift, record in ink, in a book to be provided by the manager for the purpose and to be kept in a place appointed by the manager, all the particulars of—

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

(b) such breaches of these Regulations as may have taken place during his shift; and

(c) such instructions for the purpose of securing safety or health of persons as he may have given during his shift;

Such record shall be examined and countersigned by the manager, underground manager or mine captain at least once in every day, and shall be open for inspection at all reasonable hours by any official of the Mines Department.

Regulation 19—Continuing Responsibility of Manager, Under Ground Manager and Mine Captain.

The appointment of a shift boss or mining foreman shall not be taken to relieve the manager, underground manager or mine captain of any personal responsibility under these Regulations.

Regulation 20—Competent Persons to Inspect Working Daily.

In every mine in which the number of person employed underground does not exceed one hundred, the manager shall appoint in writing one or more competent persons whose duty it shall be to inspect at least once during each shift every part of the mine in which persons are working, or through which they may have occasion to pass, for the purpose of ascertaining the condition thereof in regard to ventilation, state of roof and sides and general safety; so however that the Chief Inspector of Mines may require the appointment of a shift boss if he considers that the conditions prevailing underground at such a mine render the appointment necessary.

Regulation 21—Appointment of Fire Patrols.

The manager shall appoint in writing an adequate number of fire patrols, each patrol consisting of not less than two persons, whose duties will be to pass through and examine, for the purpose of prevention of, abatement of, and precaution against fire, at least once during each shift, all underground travelling ways containing timber and through which persons may pass; as also for the purpose of ensuring that any other places containing timber or other combustible material are securely fenced off to prevent access thereto by any unauthorised person:

Provided always that this regulation shall not apply during normal working shift to those sections of a mine which are regularly inspected under the provision of paragraph (3) of regulation 18, or regulation 20 of these Regulations.

Regulation 22—Machinery to be under Charge of Competent Resident Engineer.

(1) At every mine or works having plant developing more than 250 horse-power, or on which any unit of the plant develops more than 75 horse-power, all boilers, engines and other machinery, including electrical apparatus and installations, shall be under the general charge of a competent resident engineer.

Competent Engineer to Inspect Regularly.

(2) At every mine or works, having plant developing less than 250 horse-power or on which the principal unit of the plant develops less than 75 horse-power, all boilers, engines and other machinery, including electrical apparatus and installations, shall be inspected regularly by a competent engineer.

Qualifications of Resident Engineer.

(3) No person shall carry out, or be permitted to carry out, on any mine or works the duties of a resident engineer, unless he proves to the satisfaction of the Chief Inspector or Mines that he is the holder of a degree or a recognised certificate in either mechanical or electrical engineering and, in addition has had at least three years practical experience since obtaining such degree or certificate.

Qualifications of inspecting engineer.

(4) No person shall carry out, or be permitted to carry out, on any mine or works, the duties of an inspecting engineer under paragraph (2) of this regulation, unless he proves to the satisfaction of the Chief Inspector of Mines that he is the holder of a degree or a recognised certificate in either mechanical or electrical engineering and, in addition has had at least two years practical experience since obtaining such degree or certificate or; he has satisfactory evidence of having served a full term of indenture as an apprentice in a mechanical or electrical trade and has had a minimum of five years practical experience in such trade since completing such apprenticeship.

(5) The provisions of paragraphs (3) and (4) of this regulation shall not apply to any person already carrying out the duties of a resident or inspecting engineer, or who has carried out such duties prior to the date of these Regulations coming into force.

(6) Any appointment under this regulation shall be in writing and notification thereof shall be made in writing to the Chief Inspector of Mines.

PART 3—PLANS

Regulation 23—Exemptions.

Part 3 of these Regulations shall not apply to quarries and digging areas.

Regulation 24—Mine Plans.

The following plans shall be kept at every mine:—

(1) A general surface plan, or a true copy thereof, on tracing cloth of the mining land or lands showing the boundaries of such mining land or lands 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-cast or surface workings, shafts, boreholes, reservoirs, tailing sites, railways, permanent pipe lines, aerial cables ways, electric power lines, and tramways erected or constructed for the use of the mine, and all buildings, watercourses, and other surface objects which it is 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 biannually during the months of June and December in each year and the information given shall be correct.

(2) (a) An underground plan, or true copy thereof on tracing cloth, showing clearly the boundaries of the mining land or lands 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 deposit shall be indicated.

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

(b) An underground plan, or true copy thereof on tracing cloth showing clearly the system of ventilation throughout the mine, the direction of main air currents and positions of doors, stoppings, crossing, and main ventilating appliances.  Intake or downcast currents to be shown on the plan in blue wash and return or upcast currents in pink wash.  The 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.

(3) A general underground plan or true copy thereof similar to the one mentioned in paragraph (2) of this regulation, but drawn to the same scale as the general surface plan mentioned in paragraph (1) 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 every six months.

(4) A plan or true copy thereof on tracing cloth, showing the transverse section or sections of the workings and drawn through the shaft of 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 bi-annually in June and December of each year.

(5) (i) Where a reef or other mineral deposit has an average dip of more than 60 degrees, a plan or true copy thereof on tracing cloth showing 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, also any dips and faults indicated, and where boreholes have been surveyed and deflections shall be shown.

(6) Paragraphs (1), (3), (4) and (5) (i) of this regulation shall not apply to mines which have not started to produce gold or other minerals.

Regulation 25—Scale of Plans.

The plans provided for in paragraphs (1) and (3) of the last preceding regulation shall be laid down on a scale of either one in four hundred and eighty, one in nine hundred and sixty, one in twelve hundred, and any common multiple of one in two hundred and forty but not exceeding one in two thousand four hundred, and the underground plans provided for in paragraphs (2), (4) and (5) of the last preceeding regulation on a scale of one in two thousand and forty, one in four hundred and eighty or one in nine hundred and sixty:

Provided, however, that in the case of a mine having no underground workings, the plans, referred to in paragraph (1) of the last preceding regulation may be on a scale of one in six hundred and twenty-five, one in twelve hundred and fifty, or one in two thousand five hundred.

Regulation 26—Measurements.

In all mine surveys measurements shall be made in English feet and decimals of a foot.

Regulation 27—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 mining lands beacons are obtainable from the Government Chief Survey Officer.

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

Regulation 28—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 plan shall be fixed in each district by the Government Chief Survey Officer and all elevations shall be stated in feet and decimals of a foot below this plane.

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

Regulation 29—Plans to be Brought up to Date and Deposited with the Chief Inspector of Mines.

(1) Copies of plans mentioned in paragraph (1) and (3) of regulation 24 shall be deposited with the Chief Inspector of Mines and shall be brought up to date to the measuring date in December of each year for which purpose the Chief Inspector of Mines shall send to the manager such copies at any time subsequent to 1st day of February and they shall not be retained by the manager for a longer period than one month.

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

Regulation 30—Plans Confidential.

No copies of this plan referred to in this Part of any information concerning them shall be given by the Mines Department to any unauthorised person nor shall such plans be opened to the inspection of any such person without the permission of the mine manager.

Regulation 31—Workings must be Surveyed before Abandoning.

(1) Before any mine is abandoned or closed down the plans required by regulation 24 shall be brought up to date and copies thereof shall be deposited with the Chief Inspector of Mines.

(2) In the case of any part of a mine being abandoned, the underground plan shall first be completed to date and a copy thereof deposited with the Chief Inspector of Mines. All underground workings shall first be surveyed before being permitted to become inaccessible.

Regulation 32—Pernalty on Breach.

(1) The manager of a mine who fails to keep correct plans as prescribed in these Regulations or neglects to deposit with the Chief Inspector of Mines within the prescribed periods true copies of such plans or the extensions in accordance with these Regulations shall be liable to a penalty, and the Chief Inspector of Mines shall have the power to cause such plan or plans of the mine to be made or extended at the expense of the owner of the mine.

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

Regulation 33—Withholdings or Concealing Plans, Faulty Plans.

The manager of a mine who withholds any portion of a mine plan, or conceals any part of the workings or knowingly and wilfully allows these mines plans to be or remain incorrect, shall be guilty of an offence against these Regulations.

Regulation 34—Rules by Chief Inspector of Mines.

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

PART 4—RETURNS FROM MINES AND WORKS FOR STATISTICAL PURPOSES

Regulation 35—Monthly and Quarterly Returns.

The manager of a mine, and the manager of any works from which mineral products are obtained shall forward to the office of the Chief Inspector of Mines, the following complete and correct returns:—

Quarterly—Labour employed and mine development

Monthly—Amount and value of the output of minerals.

These returns must reach the office of the Chief Inspector of Mines not later than the 15th day of the month immediately following the end of the period to which the returns relate, and they must be written intelligibly in such form as may from time to time be prescribed for that purpose by the Chief Inspector of Mines.

Regulation 36—Forms Obtainable from Inspector.

Persons who, in terms of the preceding regulations, have to make monthly and quarterly returns may obtain the necessary forms for one or more months in advance at the office of the Inspector either by personal application or written request through the post and are responsible for the consequences should they neglect to provide themselves with the necessary forms in time.

Regulation 37—Other Returns to be Forwarded if Required.

Besides the returns mentioned in regulation 35 the person named therein must provide the Chief Inspector of Mines 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 Mines Department annual report, and the Chief Inspector of Mines shall then fix a reasonable time within which the returns or information so requested must be provided.

Regulation 38—Returns to be Sworn if Required.

The Chief Inspector of Mines has the right, should he deem it desirable, to require that the accuracy of the returns mentioned in this Part be sworn to.

Regulation 39—False Returns an Offence.

Anyone who intentionally sends a false statements or who refuses to take the oath mentioned in the preceding regulation, shall be guilty of an offence against these Regulations.

PART 5—PROTECTION OF THE SURFACE

Regulation 40—Protection of Surface Subsidences or Cavities.

(1) Where underground mining operations have caused subsidences or cavities on the surface, or where such are likely to occur, such places shall be securely fenced in and conspicuous notice boards put up to warn persons off.

(2) Wherever in the opinion of the Chief Inspector of Mines it may be necessary to protect the surface of a mine or of any ground adjoining such mine, or to protect buildings, roads, railways, or any structure whatever situated thereon, it shall be lawful for the Chief Inspector of Mines by writing under his hand to prohibit the owner mining in any portion of such mine save under such restrictions and subject to such conditions as the Chief Inspector of Mines may impose.

(3) In no case shall any person carry on mining or quarrying operations under or near public railways, public roads, or within the boundaries of a town without having given notice in writing to the Chief Inspector of Mines of his intention to do so and obtained his permission.

(4) Where mining operations have already taken place and where in the opinion of the Chief Inspector of Mines it may be necessary to protect the surface of a mine or of any ground adjoining such mine or any structure or object on or near such mine, some adequate means of support shall be provided to such extent and in such positions as the Chief Inspector of Mines may direct by notice in writing to the owner of such mine.

(5) No safety pillars or other support or any portion thereof shall be removed except with the permission in writing of the Chief Inspector of Mines, and then only to such extent and under such conditions as he may impose.

Regulation 41—Filling in or Fencing Disused Trenches, Pits or Excavations.

(1) If in the opinion of the Inspector of Mines, disused trenches, pits, or other excavations are dangerous to life, or endanger public traffic, he may order them to be filled in with ground to the level of the surface or securely fenced in by the owner of the mine.

(2) If the owner neglects to comply with such order he shall be guilty of an offence against these Regulations.  The Chief Inspector of Mines, in the case of such neglect, shall have the right to have such trenches, pits, or other excavations fenced or filled up or otherwise protected at the expense of the owner.

Regulation 42—Protection of Shafts not in use and Elevated Platforms, etc.

The month of every shaft or entrance to a mine which for the time being is out of use or used only as an airway, and the approach of every open working not being ordinary trenches, pits, or other excavations, and all dangerously elevated and exposed platforms and gangways, shall be kept securely fenced or otherwise protected.

Regulation 43—Inflammable Refuse not to Accumulate about Headgear or Buildings.

Inflammable refuse shall not be allowed to accumulate in or about any headgear or any building the loss of which by fire may endanger the mine entrance.

Regulation 44—Water Containing Injurious Matter.

Water containing poisonous or injurious chemical solutions must be effectually fenced off to prevent inadvertent access to it, and notice boards shall be put up on suitable places to warn persons from making use of water.  In no case may water containing any injurious matter in suspension or solution be permitted to escape without having been previously innocuous.

PART 6—SURFACE WORKINGS

Regulation 45—Precautions to be taken in Digging Trenches, Pits or other Excavations.

In digging trenches, pits and other excavations, precautions shall be taken either by filling up or fencing the same, to prevent persons inadvertently falling into or entering such trenches, pits, and other excavations.

Regulation 46—Danger from Falls.

The manager shall be responsible for ensuring that any mining operations carried on are so carried on as to avoid danger from falls.

Regulation 47—Safe Means of Access to be Provided and Maintained.

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

Regulation 48—Life Line.

No person shall work near the edge of any ledge, bench or other place which is not fenced and from which he may fall 10 feet or more unless he has been provided with a suitable life line for his protection and he has at the beginning of that period of work satisfied himself of the safety of the life line and he is secured by it.

Regulation 49—Overhanging Forbidden.

(a) No face or sides of a surface working or any travelling way thereon shall be so worked as to cause any overhanging: Provided that if an Inspector is satisfied with respect to a particular surface working that fulfilment of the foregoing requirement is unnecessary to secure the safety of persons employed thereat, he may, by notice in writing addressed to the manager of the surface working, exempt the surface working or such part thereof as may be specified in the notice from that requirement.

(b) In workings of clay, sand, gravel or other types of unconsolidated material, no person shall undercut the face or cause or permit such undercutting of the face to take place, and no vertical face shall have a height of more than 10 feet or such height as an Inspector may direct, but such face shall be worked in terraces or benches or at any angle of safety.

(c) The provisions of sub-paragraphs (a) and (b) of this regulation shall not apply when the material is excavated or worked solely by suitable mechanical equipment which does not expose the operator of such equipment to danger or which does not necessitate workmen working in a hazardous position at the toe of the face.

Regulation 50—Other Driver to Ride on Dumpers, etc. Where no Passenger Seat.

No person apart from the driver shall ride on any earth moving 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 or from moving machinery.

Regulation 51—Terrace or Benches.

When an Inspector considers that the face of any surface working should be worked in terraces or benches in order to ensure the safety thereof, he shall, by notice in writing addressed to the manager, require such terraces or benches to be cut as he may specify.

Regulation 52—Loose Material and Stones to be Cleared.

(1) All loose material or stones at or near the top of the face or sides of a surface working shall be cleared to a distance of 10 feet or such distance as an Inspector may direct from the edge of the working.

(2) All trees at or near the top of the face or sides of a surface working shall be cleared back to a sufficient distance to avoid danger from falls.

Regulation 53—Surface Working to be Inspected by Competent Person Appointed by Manager.

The manager of every surface working shall appoint in writing some competent person or persons whose duty it shall be to—

(a) inspect daily every working place and every travelling way used by persons employed at the surface working for the purposes of that work or of getting to or from their working places;

(b) inspect daily the top of the surface working and examine daily any face, side or overburden of the surface working which may cause danger at any such place or travelling way;  and

(c) make a record of every such examination which shall be entered daily in ink in a book provided for the purpose and signed by the person making the examination. This book shall be open to inspection at all reasonable hours by any official of the Mines Department.

PART 7—SHAFTS AND UNDERGROUND TRAVELLING-WAYS

Regulation 54—Two Outlets from Mine to Surface Necessary.

(1) In connection with every mine there shall be at least two shafts or outlets to the surface, with which every mineral deposit for the time being worked in the mine, shall have a communication of not less then 3 feet wide and 3 feet high, so that such shafts or outlets shall afford separate means of ingress or egress available to all persons employed in such mine: Provided that it shall not be necessary for such shafts or outlets to be suitated on the same mine.

(2) Such shafts or outlets must not lead to the surface in one and the same shaft shed, and must not at any point be nearer to one another than 30 feet.

Regulation 55—Responsibility for Maintenance of Outlets.

(1) In any case in which the two outlets or part of them do not belong to the same mine, the manager 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.

(2) Proper arrangements to enable workmen to descend and to ascend from the mine shall be provided at each shaft or outlet and kept constantly available for use.

Regulation 56—Exemption.

The foregoing provisions with respect to two shafts or outlets shall 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 so informed the inspector,

(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 other 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 a mine is exempted in writing by an Inspector of Mines,

(4) to any mine whether prospecting or producing, so, however, that no working shall be extended beyond 600 feet from the last through connection unless exempted in writing by the Chief Inspector of Mines under such conditions as he may impose.

Regulation 57—Ladder-ways and Fenced Platforms.

Every headgear shall be provided with a properly constructed ladder-way 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 ladder-way on the headgear shall be erected on the inclined slope leading to the mouth of the shaft, and it shall be railed off from the hauling ways.

Regulation 58—Ladder-ways to be Provided in all Shifts.

(1) Ladder-ways shall be provided in all shafts having an inclination of more than 30 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 40 degrees from the horizontal from the end of such ladder-ways chains or chain ladders shall be extended to the bottom of the shaft:

Provided that, unless special circumstances, exemptions from the provisions of this regulation may be granted with the written consent of, and under conditions laid down by the Chief Inspector of Mines.

(2) All vertical and steeply inclined workings in use shall be connected with the levels by means of proper ladder-ways separated from the rock passes:  Provided that this section shall not apply to under-hand stopes which are so worked that the face of the stope does not exceed an angle of 40 degrees  from the horizontal.

(3) In under-hand stopes in which the angle of the face of the stopes exceeds 40 degrees from the horizontal, chains or chain ladders shall be provided for the use of persons employed on the face of the stope. 

Regulation 59—Platforms to be Provided in Ladder-ways.

(1) In main travelling ways exceeding 60 feet in depth and having an inclination of more than 70 degrees from the horizontal, resting places (platforms) shall be provided at distances apart of not more than 30 feet.

The ladders shall not be erected at a greater inclination than 80 degrees from the horizontal, and shall be so placed as to cover the manholes of the resting places.

(2) Under exceptional circumstances ladders may, with the written consent of the Inspector, be fixed vertically.

(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 fixing of ladders in travelling-ways in an overhanging position is prohibited.

(5) The ladder shall project at least 3 feet above the mouth of the shaft or working and every resting place therein, or strong hand rails shall be fixed at such places.

Regulation 60—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 regulation may be granted by the Chief Inspector of Mines for such period of time and under such conditions as he may specify.

Regulation 61—Special Travelling-ways to be Used.

Only such travelling-way or ways shall be used in ascending or descending as are specially set apart for the purpose:  Provided that this regulation shall not apply to any person lawfully engaged in making an inspection or in effecting repairs.

Regulation 62—Carrying of Tools or Loose Materials on Ladder-ways Prohibited.

No person shall carry any drill, tool, or any loose material in a vertical or steeply inclined shaft or main travelling-way.

Regulation 63—Fencing of Entrances to Shafts Winzes, etc.

Every entrance to any vertical or steeply inclined shaft, winze, sumps, chute, and other similar workings shall be kept properly protected by means of a barrier or gate or adequate cover, and every shaft station shall be securely fenced off from the shaft, but this shall not be taken to forbid the temporary removal of the barrier, fence or cover for the purpose of repairs or other operations if proper precautions to prevent danger to persons are taken.

Regulation 64—Protection of Underground Against Falling Material.

Where the underground workings referred to in the preceding regulation, and also where steeply inclined stopes lead directly into a travelling road, such road, and any working place situated on its lower "dip" side, shall be securely fenced off so that persons working therein shall be protected against danger from stones or material falling from such shaft, winze, sump, chute or stope.

Regulation 65—Under-ground Entrances to Abandoned Workings to be Securely Fenced.

All underground entrances to shafts or other dangerous places which are temporarily or permanently abandoned shall be securely fenced across the whole width of such entrances so that no person can unintentionally enter the same; and no person shall cross any such fencing unless authorised to do so.

Regulation 66—Laying Down of Loose Articles Prohibited near Shaft Entrances.

Tools, wood or any loose articles shall not be laid down, or be allowed to remain, in such proximity to the mouth of any entrance to shafts or winzes, whether vertical or inclined, as may result in their falling into them.

Regulation 67—Winding Compartments, Provisions 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.

Regulation 68—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 a cage, skip or other convenyance or for the purpose of conducting an examination, affecting repairs or doing other necessary work in such compartment.

Regulation 69—Guides to be Provided.

Vertical shafts exceeding one hundred feet in the depth shall be provided with guides for the cage, skip, bucket or other means of conveyance unless exempted in writing by the Inspector.

Such guides shall—

(a) in a sinking shaft allow the cross-head to travel to a point not more than 56 feet from the bottom; and

(b) in any other shaft extend to the lowest point from which winding takes place.

Regulation 70—Protection for Sinkers.

No person shall be allowed to work at the bottom of a shaft in course of sinking unless protected by an adequate cover extending over the whole area of such shaft, except that adequate space be left therein for the ladder-way and for the passage of any sinking cage, skip, bucket or other means of conveyance.  Such cover shall be situated at least five feet below the lowest bin pass or where there are no bins below the lowest level; such cover shall be situated not more than fifty feet from the bottom of the shaft in vertical and steeply inclined shafts and not more than one hundred feet from the bottom of the shaft in other shafts: Provided always 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.

PART 8—WINDING, ETC.

Sub-Division 1—Winding Apparatus and Winding Engines—Excluding Elevators

Regulation 71—Winding Apparatus to be Provided with Suitable Locking Device or Brake.

Winding apparatus (not being mechanically operated 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.

Regulation 72—Winding Engines, Adequate Brakes Required.

(1) Winding engines shall be provided with one or more adequate brakes on every drum or drum shaft, being brakes which be can easily 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.

Flanges or other appliances on drums to prevent slipping.

(2) (a) There shall be on 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.

Minimum Amount of Rope Allowed on Drums and Attachment of Rope to Drum.

(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 round 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.  In this regulation "drum shaft" shall include sheave and sheave shaft respectively.

Regulation 73—Raising or Lowering Persons: Permission Required.

(1) No winding engine or apparatus shall be used:-

(a) for the raising or lowering of persons, or

(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 of Mines has been granted to use the winding engine or apparatus and such written permission may impose special conditions for the safe use of the winding engine or apparatus.

Maximum Number of Persons and Speed to be Fixed.

(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 to ride in the conveyance and who shall fix the maximum allowable winding speed.

Number of persons allowed in conveyance; notices to be posted.

(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.

Regulation 74—Winding Engine to be Easily Manipulated.

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 a position of rest, with no more slipping than one foot, 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 one hundred and fifty pounds weight shall be allotted for each person.

Regulation 75—Reliable Depth Indicator Necessary.

(1) Every engine used in raising or lowering persons or material in shafts or winzes exceeding one hundred feet 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.

Speed indicator.

(2) A reliable speed indicator must be attached to the winding engine if considered necessary by the Inspector.

Regulation 76—Automatic Overwinding Prevention Device.

(1) Some 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—

(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 300 feet per minute; and

(b) to control the movement of the ascending cage or other conveyance to prevent danger to any person therein.

(2) Unless such automatic device is in fixed engagement with the engine—

(a) there shall be provided an automatic indicator to show in the engine room and at the shaft top whether or not the device is engaged; and

(b) it shall be the duty of the winding engine driver to have the automatic device properly engaged whenever persons are to be raised or lowered.

Height of headgear and clearance necessary.

(3) The skipway on the headgear shall be carried without any obstruction to a height of at least 25 feet above the landing place of persons.

Spring keps or other contrivances to be fitted in case of overwind.

(4) Where winding is carried on 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.

Bottom of shaft to be kept reasonably free of water.  Devise to arrest speed of descending conveyance.

(5) The bottom of a shaft or winze where winding is carried on shall be kept reasonably free of accumulation of water and some efficient device, approved by the Chief Inspector of Mines, shall be installed to arrest the speed of the descending cage, skip or other conveyance particularly on the occurrence on an overwind.

This device shall be in addition to the automatic device mentioned in sub-paragraph (1) of this regulation.

Sub-Division 2—Ropes

Regulation 77—Winding Ropes; Quality and Relation of Breaking to Working Load.

(1) Every rope used for winding purposes in shafts not more than 100 feet in depth where winding is done by manual or animal power, shall be made of steel of good quality, free from defect, and the gauge of the wires used in the construction of such rope shall be suited to the diameter of the sheaves and drums fitted.

(2) Winding ropes shall not be used for raising or lowering persons when the breaking load at any point therein has become reduced to less than six times the maximum working load.  When calculating the maximum working load the weight of the rope in the shaft at the lowest working point shall be included.

Provided that the Chief Inspector of Mines shall have the power to vary the requirements of this regulation under such conditions and on such terms as he may impose in writing.

Regulation 78—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 shall always be kept in reverse ready for use.

Regulation 79—Recapping Ropes and Test Piece.

(1) At least once in six months every winding rope used for the raising or lowering of persons shall be recapped and a portion thereof cut off the lower end not less in length than half the circumference of its headgear sheave, with a minimum length of twelve feet.

(2) The manager shall ensure that a portion of the rope so cut off, twelve feet in length, has the ends adequately fastened with binding wire to prevent disturbance of the strands or other shorter lengths with metal cone ends as may be specified by the Chief Inspector of Mines and is sent to the Mechanical Laboratory of the Mines Department.  The rope shall be there tested at the expense of the owner.

Provided that the charge made to the owner for such testing shall not exceed ten New Cedis.

Regulation 80—Annealing.

Whenever the winding ropes are recapped the connection between the rope and the cage, skip, or other means of conveyance, shall be thoroughly examined by some competent and reliable person authorised thereto by the manager, and shall be properly annealed or subjected to other appropriate heat treatment, or replaced:

Provided that if the connection is made of steel which does not require heat treatment, the Chief Inspector of Mines may, on written application grant exemption from such requirement.

Regulation 81—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.

Regulation 82—Particulars of New Winding Ropes.

Whenever a new winding rope is to be put on for the raising or lowering of persons, full particulars of such rope shall be supplied to the Chief Inspector of Mines.

Regulation 83—Winding Ropes and Connecting Apparatus to be Examined and Tested before Using for Winding and Result of Examination to be Recorded Immediately.

(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) The result of the above examination shall immediately be recorded in the Machinery Record Book, kept as provided in regulation 121 of these Regulations, and such book shall always be open to inspection by the Inspector.

Regulation 84—Winding Rope Samples to be Tested if Required.

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 Chief Inspector of Mines may require.

Regulation 85—Used Ropes Prohibited.

No winding rope which has previously been used in any place beyond the manager's control shall be used to raise or lower persons or material, except with the written permission of the Chief Inspector of Mines.

Regulation 86—Spliced Rope Prohibited for Transport of Persons.

In no case shall a spliced rope be used for the raising and lowering of persons in a shaft or winze.

Sub-Division 3—Cages, Etc.

Regulation 87—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 the Inspector.

Regulation 88—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 age, skip, bucket, kibble or other conveyance, shall be securely fastened to the winding rope or to the bow of the conveyance.

Regulation 89—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 must 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 fifteen feet 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 than fifty feet from the banksman.

Regulation 90—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 regulation 73(1).  The manager shall take such steps as may be necessary including the appointment of competent persons, to ensure that regulation 73(3) (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.

Regulation 91—Covers and Safety Catches Required.

(1) Cages, skips or other conveyances used for conveying persons in vertical or steeply inclined or winzes shall—

(a) have a proper roof or cover and where applicable be fitted with safety catches of a type approved by the Chief Inspector of Mines;

(b) be so construed as to prevent any portion of the body of any person riding therein from accidentally coming into contact with the timbering of sides of the shaft;

the Chief Inspector of Mines 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.

Regulation 92—Automatic Operation of Keps, etc.

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.

Regulation 93—No Person Allowed to Ride on Side or Bow of Skip, etc., Riding in Partially Loaded Cages, Skips, etc., Forbidden.

(1) Subject to the provisions of paragraphs (2) and (3) 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 in partially loaded cages, skips, buckets, kibbles or other means of conveyance by the persons duly authorised by the manager in writing for that purpose or by persons engaged in sinking operations or shaft examinations.

(3) 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, but in 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.

Regulation 94—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.

(4) No person shall smoke while travelling in a cage or any other conveyance.

Sub-Division 4—Repairs, Etc.

Regulation 95—Winding During Repairs, etc.

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.  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.

Regulation 96—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, examinations or other work shall—

(a) give notice to the winding engine drive that such repairs, examination or other work are to be undertaken;

(b) take with him the winding engine room the special brass token; and

(c) 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.

Regulation 97—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 taken to the winding engine room and notify the winding engine driver that such has been completed;

(b) record such operations in the shaft log book.

Regulation 98—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.

Regulation 99—Signals when Brass token removed to 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 of Mines, 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.

Regulation 100—Precautions to be taken against Fire where Flame Cutting or Welding Apparatus is used in Shaft Repairs.

(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 the cutting or welding operations are being carried on safe from the hazard of fire.

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

(b) make further examination as stated in sub-paragraph (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.

(2) 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.

Sub-Division 5—Signals

Regulation 101—Shaft Signals Required.

Every winding shaft, if exceeding fifty feet in depth and not exempted in writing by the Inspector, shall be provided with some efficient means of intercharging distinct and definite signals between the winding engine, the top of the shaft, and the lowest point from which winding is carried on, and the various intermediate stations for the time being in use, but this regulation shall not apply to signalling apparatus used during sinking operations.

Regulation 102—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 101 must be provided for each winding engine in use.

Regulation 103—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.

Regulation 104—Code of Shaft Signal.

The following code of shaft signals shall be used and strictly observed:—

To raise when engine is at rest   . .       . .       . .       . .     1 Bell

To stop when engine is in motion        . .       . .       . .     1 Bell

To lower      . .       . .       . .       . .       . .       . .       . .     2 Bells

Men about to ascend, descend or alight . .       . .       . .     4 Bells

In reply—Men may enter or leave cage or other

conveyance. .       . .       . .       . .       . .       . .       . .     4 Bells

Changing stations   . .       . .       . .       . .       . .       . .     3 Bells

Stop conveyance until 5-5 Bells have been repeated . .     5-5 Bells

Accident       . .       . .       . .       . .       . .       . .       . .     5-5-5 Bells

Shaft Repairs. .       . .       . .       . .       . .       . .       . .     1 long Bell

                        STATION SIGNALS

      Station             Bells       Pause     Bells

        No.

        1                       1             —         1

        2                       1             —         2

        3                       1             —         3

        4                       1             —         4

        5                       2             —         1

        6                       2             —         2

        7                       2             —         3

        8                       2             —         4

        9                       3             —         1

       10                       3            —         2

       11                       3            —         3

       12                       3            —         4

       13                       4            —         1

       14                       4            —         2

       15                       4            —         3

       16                       4            —         4

       17                       5            —         1

       18                       5            —         2

       19                       5            —         3

       20                       5            —         4

In no case shall any person enter or leave a cage or other conveyance until the signal "4" 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 of Mines.

Regulation 105—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.

Regulation 106—Signal Wires.

Signal wires shall be so placed that they cannot be accidentally put into operation.

Regulation 107—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 one inch in height and shall be posted up in the engine room, at the top of the shaft and all shaft stations for the time being in use.

Regulation 108—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 104;

(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.

Regulation 109—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 108 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 the 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 93 and 100 (2) (which prohibits the riding on the side or bow of any kip, etc., and the use of the winding engine until the cage or skip has been run one complete trip, etc.) are properly observed.

Sub-Division 6—Winding Engine Drivers, Etc.

Regulation 110—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 Chief Engineer or his representative that he is suitable to be a winch driver.

Regulation 111—Winding Engine Drivers.

(1) No person shall be in charge of a winding engine used for the raising and lowering of persons in a shaft or winze unless he is the holder of a winding engine driver's certificate of competency granted by the Chief Inspector of Mines.

(2) No certificate shall be granted by the Chief Inspector of Mines unless the applicant has satisfied a Board consisting of the Inspector, the Chief Engineer or his representative and a Senior Underground Officer that—

Regulation 112—Winding Engine Drivers to Undergo Regular Medical Examination.

Every winding engine driver shall be medically examined at least once in every three 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 of Mines:

Provided that within fourteen days of such finding he may appeal to the Chief Inspector of Mines for medical examination by medical board.

Regulation 113—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 Mines.

Provided that an appeal shall lie from the decision of the Inspector to the Chief Inspector of Mines, and notice of appeal shall be given within 14 days of such endorsement, suspension or withdrawal.

Regulation 114—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 mechanical 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.

Regulation 115—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 Chief engineer.

Regulation 116—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.

Regulation 117—Speed of Winding of Persons and Precautions 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;

(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.

Regulation 118—Winding Engine Driver to Observe Certain Provisions.

Every winding engine driver shall, when applicable, carefully observe the provisions of regulations 76 (2) (b), (winding engine driver to have automatic device properly engaged), 89 (3) (bucket to be stopped before reaching bottom), 99 (1) (signals when brass token removed to be preceeded by the signal "1 long bell") and 104 (Code of shaft signals.)

Sub-Division 7—Examination of Winding Equipment

Regulation 119—Examination of Winding Equipment.

The following provisions shall apply to the use of winding plants:—

(1) The manager shall appoint in writing some 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 and their safety catches, 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 mechanical engineer, or a competent person selected by the mechanical engineer and approved by the manager in writing, shall examine carefully —

(a) at least once in each week the external parts of the winding engine, the safety devices and the aerial gear;

(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 must 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 engine as to the working condition of the internal mechanical parts and as far as reasonably practicable, of the internal electrical parts.

(3) The mechanical 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 retardation tests are carried out on the mechanical brakes, each drum being tested independently; and

(c) daily retardation tests are carried out on dynamic or other electrical braking systems, where applicable.

(4) Telephone 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 of Mines.

Regulation 120—Duty when Defect is Discovered.

If on any examination or test as is required under regulation 119 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 not be used except in so far as may be necessary in connection with the remedying of such weakness or defect.

Regulation 121—Machinery Record Book and Shaft Log Book.

A true report of the result of every examination or test as required under regulation 119 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 must be kept at the mine specially for this purpose and shall at all times be open for inspection by the Inspector.

PART 9—UNDERGROUND HAULAGE

Regulation 122—Refuge Holes to be Provided if Necessary.

(1) In any haulage way where vehicles are being moved by a locomotive, or by mechanically or gravity operated haulage apparatus, a clearance of at least two feet shall be maintained between one side of the haulage way and the vehicles unless suitable refuge holes are provided at intervals of not more than 50 feet.  This clearance and such refuge holes shall be free from loose material and broken rock.

(2) On every inclined track adequate safety devices shall be provided to forestall danger from runaway trucks.

Regulation 123—Traction Operated by Machinery.

(1) Where traction is operated by machinery other than locomotive, a signalling apparatus shall be provided by which distinct signals can be given to the engine driver from anywhere along the haulage way.

(2) Where traction is operated by gravity and the inclined plane exceeds one hundred and fifty feet in length, some efficient means of communicating distinct signals from anywhere on the inclined plane and the stopping places connected therewith shall be provided.

Regulation 124—Locomotive Provisions.

(1) Every locomotive used either above or below ground shall be provided with—

(a) a braking system which can, whether or not any other device for applying the brakes is fitted, be applied by direct mechanical action;

(b) an adequate warning signal, which shall be sounded when starting and at such other times as warning of danger may be required.

(2) In the case of a locomotive used below ground such locomotive shall in addition be provided with—

(a) a headlight capable of showing any obstruction in the haulage way ahead within 200 feet of the locomotive;

(b) a portable lamp for use in emergency; and

(c) a suitable portable fire extinguisher.

Regulation 125—Lights on Trains, etc.

Every truck or leading unit of a train of trucks below ground shall have an adequate light affixed to the front of it when it is in motion.  A train of trucks shall, in addition, have an adequate light affixed to the rear of the last unit.

Regulation 126—Riding on Haulage Gear.

Except with the permission of the manager no person shall ride or be permitted to ride on or in any locomotive or trucks unless he is—

(a) a member of the train crew; or

(b) a person engaged in shunting operations for which the locomotive is being used at the time; or

(c) a person engaged in maintaining or testing the locomotive;

Provided this shall not apply to persons being transported on passenger trucks specially provided for that purpose.

Regulation 127—Ascending or Descending While in Motion Prohibited.

No person shall attempt to get on or off or attempt to couple or uncouple a locomotive or truck which is in motion.

Regulation 128—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.

Regulation 129—Locomotive not to be Left Unattended.

The driver of a locomotive shall not leave it unattended away from the place where it is housed when not in use, unless he has ensured that it cannot be set in motion by any unauthorised person.

Regulation 130—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.

Regulation 131—Defective and Non-maintained Locomotives not to be Used.

No locomotive shall be used if—

(a) it has any defect liable to affect its safe running; or

(b) it is not maintained in proper working order or replenished with all necessary oil and consumable stores.

Regulation 132—Diesel Locomotive Requirements.

(1) No diesel locomotive shall be used below ground unless—

(a) air entering the engine is cleaned,

(b) exhaust gases are cooled and diluted,

(c) the emission of flames or sparks is prevented, and

(d) its undiluted exhaust gas contains not more than 0.1 percent CO (carbon monoxide).

(2) Any protective device fitted to an exhaust opening of a diesel engine shall whenever necessary, and in any event not less often that once in every period of 24 hours during which the engine has been run, be thoroughly cleaned or replaced by a like device in clean condition.

(3) No diesel locomotive shall be used in any place where there is not for the time being a sufficient current of air render the gas from its exhaust harmless.

Regulation 133—Appointed Filling and Charging Stations Only to be Used.

(1) No diesel locomotive shall be replenished with fuel oil below ground except at a filling station appointed by the manager.

(2) No battery of a storage battery locomotive shall be charged or changed below ground except at a charging station appointed by the manager.

(3) Every filling station and every charging station shall be—

(a) ventilated by a through current of air sufficient to render gases harmless; and

(b) kept provided with equipment for extinguishing fire.

(4) No person shall smoke or use any light or lamp other than an electric lamp adequately protected in any filling or charging station or in the vicinity of any filling or charging station.

(5) No fuel oil shall be stored below ground other than in a locked enclosure.

PART 10—UNDERGROUND-GENERAL

Regulation 134—Securing of Unsafe Workings and Dangerous Ground and Reserve Timber Supplies.

(1) Where the natural strata are not safe, every working or pumping shaft, and every travelling road, airway or working place shall be securely timbered, 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 exploring 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 suitable timber shall be provided conveniently for supporting excavations.

(3) Ground known to be dangerous must not be left unattended until such time as it may be properly secured, made safe or fenced off.

Regulation 135—Reporting Danger and Books for Complaint.

(1) Should any person have 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, is in a dangerous condition, he shall at once inform the mine captain or shift boss who shall immediately take steps to remove the danger.

(2) A book shall be kept at or near each shaft in which any person may enter up any complaint with regard to the safe working of the mine which they should record.  Such book shall be available at any time for inspection by the Inspector.

Regulation 136—Connection with Old or Abandoned Workings Pilot Holes and Disused Workings.

(1) No working shall be started to make an underground connection with known old or abandoned workings until written permission shall have been given by the Chief Inspector of Mines, under such conditions as he may prescribe in writing:

Provided that for the purpose of this regulation the term old or abandoned workings shall not be taken to include native workings which do not extend below water level.

(2) Where a place contains or is likely to contain a dangerous accumulation of water or noxious gases, any working approaching that place shall have bore holes not less than six feet in length kept in advance of the drilling-holes, and all precautions shall be taken to prevent an unpremeditated breaking through to the working containing or likely to contain a dangerous accumulation of water or noxious gases.

(3) In old sand-filled or other disused workings which were originally driven in the mineral channel, the re-opening of such workings shall not be undertaken without the permission previously obtained in writing, of the Chief Inspector of Mines.

Regulation 137—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 not less than thirty feet in width measured at right angles from the boundary line.

(2) On the joint application of the owners of adjoining mines, the Chief Inspector of Mines 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 of Mines 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.

Regulation 138—Pollution of Underground Workings.

No person shall pollute the underground workings with faeces or urine, nor wantonly misuse or foul the sanitary conveniences underground.

Regulation 139—Tailings Used for Filling.

Tailings used for filling worked out areas underground, and the liquids draining therefrom, shall not contain a higher cyanide content than 0.005 percent expressed as cyanide of potassium.

Regulation 140—Stagnant Water to be Drained Off.

Stagnant water shall not be allowed to remain on the floors of levels which are in use, but shall be drained off.

Regulation 141—Refuse not to Accumulate Underground. Fire Precautions to be Taken.

(1) No refuse shall be allowed to accumulate underground, but shall be removed from the workings at least once a week and be  brought to the surface and there disposed of in a suitable manner.

(2) Waste timber in underground workings shall not be permitted to decay but shall be removed as soon as practicable to the surface.

(3) No person shall smoke or be permitted to smoke underground.

(4) 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 strategic points on main levels where gasoline, kerosine, diesel fuel oil is used or stored.

(5) A suitable firewarning system, e.g., the introduction of eucalyptus oil or stench gas into the ventilation system or the main compressed air supply shall be adopted.

(6) All intake and return airways shall be clearly marked and sign-posted underground.

(7) A general fire 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 a procedure to follow in case of fire.

PART 11—VENTILATION AND DUST PREVENTION

Regulation 142—Quality of Air.

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.

In any workings where such conditions cannot be obtained by natural ventilation, means for mechanical ventilation shall be provided and kept in operation until such workings have been abandoned or until satisfactory natural ventilation shall have been brought about therein.

Regulation 143—Ventilating Doors to be Self-closing.

(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.

Regulation 144—Ventilation of Winzes and Raises.

No air pipe in a winze or raise shall be fitted with any cock or valve at any point within the winze or raise unless a separate ventilating pipe without cock or valve attachment in the winze or raise is installed for conveying compressed air to the working place.

Regulation 145—Disused Workings to be Examined before being Again Used.

Underground workings, especially shafts, sumps, and winzes, which have not been in use for sometime shall be tested with a lighted candle or flame safety lamp before being again used, in order to ascertain whether foul air or other dangerous gases have accumulated there and only such workmen as may be necessary to make such examination, shall be allowed to proceed to such places until such places are in a fit state to work or travel in.

Regulation 146—Vitiated Air to be Replaced.

(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 smaller quantity sanctioned by the Inspector of Mines in writing for the particular working place, has been supplied to replace the air vitiated by dust or fumes caused by blasting.

(2) No working place shall be extended for a distance of 600 feet from the last through ventilation connection except by permission in writing of the Chief Inspector of Mines.

(3) No person shall stope or be caused or permitted to stope above any drive or level where there is no through connection from the stope to the drive or level above except by permission in writing of the Inspector of Mines.

Regulation 147—Persons not to Work in Foul Air.

(1) No person shall work or remain in a place in a mine if the air contains dust, smoke, fumes or gases which are evident to the senses.

(2) Before blasting operations the manager or person appointed by him in writing shall see that every person not engaged in such operations shall be hoisted to the surface or removed to a place free from fumes or gases.

(3) During the shift no person shall blast without the permission of the manager or of a person appointed by him in writing.  No such permission shall be given unless reasonable precautions have been taken to prevent any person being exposed to smoke or fumes from such blasting.

Regulation 148—Water for Dust Prevention.

An adequate supply of water which is clear and odourless shall be provided at a pressure of not less than thirty pounds per square inch at every point where it is required for dust prevention.

Regulation 149—Rock Drills.

(1) In any underground working no person shall use or cause or permit to be used any percussion rock drill unless—

(a) the drill steel used in the rock drill has an unrestricted axial hole of not less than three-sixteenths of an inch diameter through which water may be fed to the bit;

(b) an adequate supply of water flows through such drill steel; and

(c) the working water pressure at the rock drill is maintained at fifteen pounds per square inch or over.

(2) No person shall send or cause or permit to be sent underground any percussion rock drill which is designed to supply water to the drill steel through an internal water tube unless such rock drill—

(a) is provided with front-head air release ports having a minimum effective area of release of not less than 0.3 square inch if the piston diameter does not exceed three inches and not less than 0.4 square inch if the piston  diameter exceeds three inches;

(b) has an undamaged water tube having an inside diameter of not less than 0.156 inch and an outside diameter when new, of not less than 0.255 inch and the end of which is not more than one inch from the shank end of the drill steel when it is fully inserted; and

(c) has an axial hole in the piston when new, of not less than 0.260 inch and not more than 0.262 inch in diameter for a length of at least two and a half inches.

Regulation 150—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 applied or a wet swab is used around the drill at the collar of the hole so as to allay the 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, packs, other surfaces, and broken rock of the working place, to a distance of at least twenty-five feet 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 twenty-five feet 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 twenty-five feet 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 ground, such practice might be dangerous.

(5) Where in any underground working the use of water as a dust suppressing agent is precluded owing to the nature of the ground, some efficient means shall be provided and used for effectively controlling the escape of dust into the general body of the air.

(6) No person shall use or cause or permit to be used compressed air alone underground—

(a) to clean any truck or skip; or

(b) to blow out any drill hole or to blow over any rock surface unless such hole or surface is thoroughly wet; but a mixture of air and water may be used.

Regulation 151—Tipping Operations, etc.

At every main tipping station, rock transfer point and shaft loading box, efficient means shall be provided and used for effectively controlling the escape of dust from tipping, transferring or loading operations.

Regulation 152—Crushing and Milling.

At all rock crushing plant, in every ore sample crushing room and at every machine used for the high speed milling of rock drill bits or the grinding of drill steel, effective means shall be provided and used for effectively controlling the escape of dust.

Regulation 153—Water Blast to be Installed.

At every working development end, excepting shafts and winzes in the course of sinking, an effective water blast shall be installed as near as practicable to the face of such development end.

Regulation 154—Air and Dust Quantities to be Determined.

(1) At any mine where the total number of persons employed underground on any one shift exceeds 100 persons, the quantity of air circulating in each ventilating district and the quantity of dust present in the air at each and every working place shall be determined not less frequently than once in three months by a competent person or persons:

Provided that at subsidiary tipping and draw points, stopes grizzlies and loading chutes, this sub-regulation shall be deemed to have been complied with if the total number of determinations made in respect of each type of working place in a section is equivalent to the determination at every working place of that type at least once in three months.

(2) The results of the determinations required shall be entered in a book to be kept for that purpose and shall be signed by the official in charge of the Ventilation Department of the mine, and by the mine captain in charge of the section of the mine concerned.  The book shall be examined and countersigned by the manager or underground manager at least once a week, and shall be open to inspection by any Inspector of Mines.

(3) A monthly dust and quarterly ventilation reports shall be submitted to the Chief  Inspector of Mines, and the Inspector of Mines.

(4) At every mine a dust laboratory shall be provided for the purpose of determining the amount of dust in the ventilating current of the various working places and travelling ways.

PART 12—LIGHTING

Regulation 155—Stationary Lights to be Provided.

Adequate stationary lights shall be provided—

(a) during working hours at all stations in use, landing and loading places in vertical and inclined shafts, as well as at all stopping places in levels where winding or hauling is effected by means of machinery;

(b) at night, at all working places on the surface where work is being carried on.

Regulation 156—Workings Parts of Machinery to be well Lighted.

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 parts of the same can be clearly distinguished:

Provided that this regulation shall not be read so as to apply to skips, cages or other shaft conveyances.

Regulation 157—Light to be Carried in Underground, etc. Working.

(1) Every person in any underground or unilluminated part of a mine shall carry a light:

Provided that this sub-regulation shall not be read to apply to regulation 170(1).

(2) No person shall store or carry calcium carbide underground except in lamps or in water-tight receptacles, both to be approved by the Manager.

(3) No person unless authorised by the manager shall use or be permitted to use a lighted candle underground.

PART 13—EXPLOSIVES

Sub-Division 1—Storage of Explosives

Regulation 158—Storage Conditions.

(1) No explosives for a mine or works may be stored on the surface except in an explosives magazine and under such conditions as are set forth under the appropriate enactment relating to explosives.

(2) Application for permission to erect such a magazine for storing explosives shall be made by the manager of the mine to the Chief Inspector of Mines.

Regulation 159—Disposal on Mine Closing.

When any mine is closed down all explosives shall be disposed of, and no explosives may be stored in or on any such closed-down mine without permission of an Inspector of Mines.

Regulation 160—Storage of Restricted Quantities of Explosives Underground.

Explosives shall be stored in the underground magazines in such places and under such conditions as may be approved by the Chief Inspector of Mines in writing:

Provided that in no case shall the quantity of explosives to be so stored exceed that probably required for use underground in twenty-four hours.

Regulation 161—Naked Light Prohibited.

Naked lights shall not be taken or used in an explosives magazine and, where possible, a protected light shall be fixed outside the door of the magazine so that its light can be reflected into the magazine.

Regulation 162—Storage of Blasting Powder, Detonators, etc.

(1) Blasting powder shall not be stored in any magazine with high explosives, but shall be kept in a separate compartment having its own lobby and entrance.

(2) Detonators shall not be kept in the same compartment with any other explosives.

(3) Detonating fuses (e.g. cordtex), shall be stored in the high explosives compartment and not in the same compartment as detonators.

Regulation 163—Explosive Scraps to be Destroyed.

No scraps or broken portions of cartridges shall be placed in or left lying about in the magazine, but shall be destroyed.

Regulation 164—Loitering Prohibited.

Any unauthorised person loitering in the immediate vicinity of an explosives magazine may be forthwith removed from the vicinity by the manager of the mine or by any person authorised by the said manager.

Regulation 165—Magazine to be in the Charge of Holder of Certificate of Competency.

Every explosives magazine shall be in the charge of a responsible person who shall be the holder of a Certificate of Competency issued under regulation 177 of these Regulations.

Regulation 166—Weekly Inspection to be Made.

(1) A properly authorised person or persons shall make a thorough weekly inspection of all explosives magazines and shall make a report in writing to the manager stating that such examination has been made and certifying as to the conditions found.

(2) The manager shall take immediate steps to correct any unsuitable conditions found and to properly dispose of any deteriorated explosives existing and shall make a prompt investigation when an act of careless placing or handling of explosives is discovered by or reported to him.

(3) Any employee who commits a careless act with any explosives or where explosives are stored, or who, having discovered such an act to have been committed, omits or neglects to report immediately such an act to a properly authorised person, shall be guilty of an offence against these regulations and such an offence shall be immediately reported to the Inspector.

Sub-Division 2—Transport of Explosives

Regulation 167—No Undue Delay to Occur During Transfer.

(1) The transfer of explosives from the magazine shall be so arranged that no undue delay shall occur between the time the explosives leave such magazine and the time they are properly stored in another magazine or distributed to points of use.

(2) Explosives shall not be left at any level, station or near the shaft collar or other entrance to the mine but shall be transferred to the underground magazine or points of use without undue delay.

Regulation 168—Detonators to be Transported Separately.

In no case may detonators be transported in the same conveyance with other explosives.

Regulation 169—Notice to Engine Driver.

(1) Proper notice shall be given to the engine driver, banksman and skipman immediately before explosives are conveyed in a shaft by means of a cage or other conveyance.

(2) No person shall place in or take out of the shaft conveyance any explosives except under the immediate supervision of the person duly authorised in writing thereto by the manager or mine captain.

(3) No other material except fuses and fuse igniters shall be transported with explosives in any shaft conveyance.

(4) The engine driver shall gently lower or raise the shaft conveyance containing explosives.

Regulation 170—Precautions While Carrying Explosives.

(1) No person handling or carrying explosives, other than safety use and fuse igniters, shall at the same time carry any light or lamp other than an enclosed light or lamp.

(2) Explosives (unless such explosives be contained in unopened cases) shall only be carried in canisters or boxes of types approved of in writing by the Inspector under such conditions as he may prescribe in writing, but this regulation shall not apply to the carriage of explosives in working places while the holes are being charged.

(3) In no case shall detonators or any other material be carried in the canister or box containing explosives.

(4) No person shall be permitted to smoke when handling or carrying explosives.

Regulation 171—Precautions in Haulage Ways.

Where explosives are transported in underground mine workings by means of a truck or trucks the speed of any truck or trucks shall not at any time exceed four miles per hour and definite arrangements for the right-of-way of such truck or trucks carrying explosives shall be made before the truck or trucks are moved.  Where locomotive haulage is used the locomotive shall be maintained on the forward end of any train carrying explosives unless some person walks in advance of the train to effectively guard the same.

Sub-Division 3—Receipt and Distribution of Explosives

Regulation 172—Receipt and Delivery of Explosives.

(1) The person in charge of any explosives magazine shall be responsible for the proper receipt, storage and distribution of the explosives and shall keep full particulars of all receipts and deliveries in the "Explosives Storage Book" which shall be kept in the magazine.

(2) He shall not knowingly receive or deliver explosives which are not in good order and condition.

(3) No explosives may be issued from a magazine unless upon the written order of an authorised person.

(4) The delivery of explosives to the person in charge of each working place shall be clearly and accurately recorded.

Regulation 173—Only Probable Amount of Explosives Required for the Shift to be Issued.

(1) Only the probably quantity of explosives required for the use of the shift shall be issued from the underground magazine to the person in charge of each working place, and explosives so issued shall be placed in securely closed canisters or boxes and shall be conveyed directly from the magazine to the working place.

(2) Explosives shall only be issued to the person in charge of the working place a short time before the working place is ready for blasting.

Regulation 174—The Mine Explosives Only to be Used.

(1) No person shall use at his working place any explosives which are not supplied to him from the magazine of the mine where he is employed.

(2) No person shall take away from the mine workings any explosives without the written permission of the manager.

(3) No person shall secrete or be in possession of explosives in or about a mine or works except as provided for in these Regulations.

Regulation 175—Precaution in Opening Cases.

Only implements of wood, brass or copper may be used in opening cases containing explosives except where cases are screwed down, when an iron screw-driver may be used to withdraw the screws but for no other purpose.

Regulation 176—Smoking etc., Forbidden in Magazine.

No person while in an explosives magazine shall smoke or carry anything which might cause combustion.

Sub-Division 4—Use of Explosives, Etc.

Regulation 177—Certificate of Competency for Blasting.

(1) No person shall conduct or be permitted to conduct any blasting operations or the preparation of any charges, and no person shall have charge of, or be permitted to have charge of, any section or working place of a mine where blasting operations are being carried on unless he is the holder of a Certificate of Competency granted by the Chief Inspector of Mines in accordance with sub-regulation (2) of this regulation.

(2) Every applicant for a Certificate of Competency shall be examined by a board which shall consist of an Inspector and a person nominated by the Chief Inspector of Mines.   The board shall keep a record of all persons so examined, and shall forward to the Chief Inspector of Mines its recommendations in respect of each person so examined.  On receipt of such recommendations the Chief Inspector of Mines may issue a Certificate of Competency to the applicant and such Certificate may be endorsed by the Chief Inspector of Mines at his discretion with special restrictions as to the purpose and place of use, and shall contain such means of identification of the holder as the Chief Inspector of Mines may require.

(3) Any person to whom a Certificate of Competency has been issued and who in the opinion of the Inspector is guilty of inattention or negligence in the execution of his duties or is guilty 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 any such endorsement, suspension or withdrawal to the Chief Inspector of Mines:

Provided that an appeal shall lie from the decision of the Inspector to the Chief Inspector of Mines, and notice of appeal shall be given within 14 days of such endorsement, suspension or withdrawal.

(4) No person shall be the holder of a Certificate of Competency to conduct blasting operations who, in the opinion of a qualified medical practitioner, has defective sight or hearing or is subject to any other bodily infirmity likely to interfere with the efficient discharge of his duties.

Regulation 178—Charging or Drill Holes, etc.

(1) No person who is not the holder of a Certificate of Competency shall charge or be permitted to charge any drill hole on a mine.

(2) Non-certificated persons working under the continuous control and responsibility of a certificated blastman may handle the container or tube and valve of the injector pipe when charging a round with ANBA/ANFO.

(3) In the preparation of charges and the firing of such charges the holder of a Certificate of Competency may be assisted by reliable persons who are not holders of such certificate when acting under his direct supervision, but such holder shall be personally responsible for any accident occurring by reason of the ignorance, inexperience or carelessness of such other persons.

(4) No person other than the holder of a Certificate of Competency shall remove or attempt to remove the wooden plug with which a misfired hole or socket of a hole has been plugged.

(5) No person shall place a naked light in or on a box in which there are explosives.

(6) No person other than a holder of a Certificate of Competency shall open or interfere in any manner whatsoever with a box containing explosives.

(7) No person whilst handling explosives or assisting in the preparation of charges shall smoke.

(8) No person shall extract or attempt to extract tamping or explosives from a hole which has once been charged except that the holder of a Certificate of Competency may extract such tamping or explosives by means of water under adequate pressure or water and compressed air under adequate pressure applied through a pipe of a design and material approved by the Inspector:

Provided that where such water and compressed air are not ordinarily available a holder of a Certificate of Competency may extract tamping only by means of a wooden or copper scraper, to the extent of allowing a misfired hole being again blasted.

(9) No person shall deepen or cause or permit to be deepened a hole which has been left standing, unless it is positively known that it has no been previously charged with explosives.

Regulation 179—Rules to be Observed by the Holder of a Certificate of Competency.

Every holder of a Certificate of Competency shall be personally responsible for the due and proper observance of the following rules:—

(1) The box or canister containing explosives, other than detonators, shall be kept in a dry place at a safe distance from working places.  On the cover of the box or canister, or on a board against the wall above it, the work "Explosives" must be painted in distinctly legible letters.

(2) No other material implements or tools other than fuse shall be placed in the box or canister containing explosives or detonators.

(3) The holder of a Certificate of Competency shall keep all detonators under his charge in a separate box provided for that purpose at a distance of at least 40 feet from any other box containing explosives, in a place that is dry and at a safe distance from working places.  On the cover of the box, or on a board against the wall above it, the word "Detonators" must be painted in distinctly legible letters.

(4) He shall remove all naked lights to a safe distance before any case or canister containing explosives is opened and also during the preparation of charges.

(5) He shall before commencing work either at the beginning of the  shift or after blasting be the first to enter the working place, and, until he considers it safe, he shall not allow any workman to proceed thereto except those required by him to make the place safe and then only when they are acting under his direct supervision.

(6) He shall before the commencement of drilling operations on the working face under his charge and before indicating the positions of the holes to be drilled on such working face—

(a) remove or cause to be removed all loose and loosened rock and ground from the face and immediate vicinity of the working face and carefully examine such face and its immediate vicinity with a view to discovering misfired holes or sockets of holes;

(b) when water is ordinarily available wash or cause the face of the working to be washed with water to detect the presence of a misfired hole or socket;

(c) thoroughly examine every socket and if water under adequate pressure or compressed air together with water is ordinarily available wash out such sockets by means of a pipe of design and material approved by the Inspector of Mines and when such water and compressed air is not ordinarily available examine and ascertain by clearing with a wooden or copper scraper that all such sockets contain no explosives;

(d) plug with a wooden plug of a type approved by the Inspector and mark with a circle all misfired holes;

(e) plug with a wooden plug of a type approved by the Inspector all sockets thereby indicating that such sockets have been thoroughly cleaned and examined for explosives; and

(f) keep on hand a sufficient supply of the aforementioned wooden plugs.

(7) No person shall drill or cause or permit to be drilled any hole, unless such hole is placed more than six inches from any socket and given such a direction that it will not come nearer to any socket or the line or direction thereof than six inches.

(8) In stopes and in surface workings no person shall drill or cause or permit to be drilled any hole within six feet of a misfired hole and any hole drilled near a misfired hole shall be pitched in such a direction that no part of the hole comes nearer to any part of the misfired hole than six feet.

(9) In development ends and similar confined workings every misfired hole shall be blasted or blown out as provided for in regulation 178 (8) of these Regulations.

(10) He shall point out to each driller working under him and, wherever possible, clearly mark with chalk, paint or other material, the exact position and direction of any hole to be drilled and no person shall in drilling deviate from the position and direction indicated.

(11) He shall acquaint every person working under him of the dangers attending a contravention of regulations 178 and 179 (1-10) of these Regulations.

(12) He shall thoroughly clean out all drill holes before attempting to charge them up.

(13) Explosives other than ANBA/ANFO shall not be used in a drill hole except in the form of a cartridge.

(14) When blasting with dynamite or other nitroglycerine compound explosives, he shall only insert the detonator with the attached fuse in the primer cartridge shortly before use, and the fuse shall be attached to the detonator by means of a properly designed instrument approved of by the Inspector.

(15) He shall in making up a charge after inserting the detonator with attached fuse in the primer cartridge, securely fasten it to the said cartridge by means of string or other suitable material so that the fuse and detonator cannot be inadvertently withdrawn.

(16) He shall not in charging any hole with nitroglycerine compound explosives in cartridged form or in tamping holes for blasting use any implement other than of wood, brass, copper or plastic.

(17) He shall not forcibly press any cartridged explosives into a hole of insufficient size.

(18) He shall only use sand loosely filled in, sand and slimes mixed and made up in cartridged form, soft clay slightly tamped or water as tamping material for charges of dynamite or other high explosives.

(19) He shall before firing charges give or cause to be given due warning in every direction by shouting "Fire" and all entrances to the place or places where such charges are being fired or where the safety of persons may be endangered by such firing shall be guarded to prevent inadvertent access thereto whilst firing operations are going on.  The guards so posted shall reply "Fire" to his shout of "Fire" before the charges are lit.

(20) He shall only use fuse igniters supplied by the manager.

(21) He shall in all development faces immediately after lighting up put into action the water blast which he shall previously have tested.  If as a result of such test the water blast shall be found to be not in order no blasting shall take place.

(22) ANBA/ANFO explosives shall not be electrically initiated without the prior approval in writing of the Inspector of Mines.

(23) He shall, except in the case of electric firing or firing by means of detonating fuse, count in conjunction with at least one other person the number of shots exploding.  Unless he and such other person are certain that all the shots have exploded, he shall not allow any person to enter the working place in which the shots have been fired for a period of thirty minutes after the fuses were lighted, and, shall if such misfire occurs at change of shift forthwith report any misfire, as well as any other matter requiring attention, to the mine captain or shift boss and to the person in charge of the next following shift.

(24) When charging ANBA/ANFO in loose form into any drill hole, an injector pipe made of aluminium, brass, copper, plastic or of any combination of these materials may be used provided the pipe forms a continuous conductor of electricity and is effectively earthed.

(25) He shall not where firing takes place by means of electricity enter or allow any other person to enter the place or places where shots have been exploded until he has disconnected the cable from the battery or exploder.

(26) He shall after firing holes by means of detonating fuse or electricity and in the latter case disconnecting the cables from the battery or exploder, carefully examine the place in which the charges have been so fired before permitting men to work therein and shall instruct those employed in clearing away the loose rock from such place after such examination, to report immediately to him the finding of any detonating fuse or wires in or under the loose rock and in the event of any such detonating fuse or wire being discovered shall at once order all work in the working place to cease until he has carefully traced such detonating fuse or wire to its terminal in order to determine whether a misfire has occurred.

(27) He shall not after blasting has taken place enter or allow any person to enter the working in which such blasting has occurred, until the fumes caused by the explosion shall have been sufficiently dissipated.

(28) He shall take all reasonable measures to safeguard all persons who may be working in the same place as himself against accident, whether they are under his direct supervision or not.

(29) Misfired holes containing ANBA/ANFO explosives shall be thoroughly washed out and the resultant sockets plugged.

PART 14—WORKMEN

Regulation 180—Record of Employees to be Kept.

A sufficient record must be kept in the office at every mine of all persons employed in and about the mine or works.

Regulation 181—Contracts not to Remove Responsibility.

The fact that a person is employed as a contractor or tributer in or about a mine shall not be taken to relieve the manager of any personal responsibility under these Regulations.

Regulation 182—Change House to be Provided for Persons Employed underground.

(1) Save where an exemption therefrom in writing is granted by the Chief Inspector of Mines, there shall be provided in every mine for use by all persons employed underground such change house accommodation as is in the opinion of the Inspector appropriate for the mine, including adequate facilities for bathing and for changing and also for drying of clothing:  Provided that engine and boiler houses shall not be used for the purposes aforesaid.

(2) Except where exempted by the Chief Inspector of Mines in writing, a suitable and efficient shelter shall be provided for persons at or near the mouth of each shaft.

Regulation 183—No Intoxicating Liquor to be Allowed.

(1) No intoxicating liquor shall be taken by any person into the workings of any mine or works, or to any place of work unless with the special permission of the manager, and any workman, who without such permission, has intoxicating liquor in his possession whilst at work or at a place of work shall be deemed guilty of an offence against 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 on the surface or near to any machinery in motion, and any person who may have entered a mine or works or be found at any working place above or below ground in an apparent state of intoxicating may immediately be arrested by the manager or some person duly authorised by him, and immediately handed over to the Police and shall be deemed to be guilty of an offence against these Regulations.

Regulation 184—Fighting or Unlawful Assault.

No person shall take part in a fight or commit an unlawful assault in or about a mine or works and any person so doing shall be guilty of an offence against these Regulations.

Regulation 185—Sleeping in Mine, etc. Prohibited.

No person shall sleep in any mine or works or on the surface in any building in which there is a boiler (or boilers) under steam or machinery in motion, and any person found sleeping in any of the above-mentioned places shall be guilty of an offence against these Regulations.

Regulation 186—Naked Lights on Timber, etc., Prohibited.

No person shall leave any naked light on any timber or other inflammable material either in the mine or in any working place on the surface.

Regulation 187—Hard Hats.

All persons working underground shall wear a miner's hard hat of a type approved by the Chief Inspector of Mines.

Regulation 188—Boots.

(1) No person who fails to wear boots of a type approved by the Chief Inspector of Mines shall be permitted to go or work underground in any mine.

(2) Where a person fails to wear approved boots underground, the failure, in addition to being a breach of this regulation shall if that person meets with an injury to his feet, be deemed to have contributed to the injury

Regulation 189—Goggles

Suitable goggles or effective screens shall be provided to protect the eyes of persons engaged in the dry grinding of metals, in the electrical or oxyacetylene welding or cutting of metals or in any other work likely to entail injury to the eyes.

Regulation 190—Loose Clothing Prohibited.

No person attending to or working in close proximity to moving machinery shall wear loose outer clothing.

Regulation 191—Persons Infected with Tuberculosis Prohibited from Entering Underground Workings.

No person known to the manager to be infected with tuberculosis shall enter or be allowed to enter the underground workings of any mine for the purpose of working therein and no manager shall employ such person underground knowing that he is so infected.

Regulation 192—Duty to Wear Life Line.

(1) No person shall work at a vertical or steeply inclined place where there is a danger that he may fall unless such person is provided with a suitable life line for his protection and it shall be his duty to wear and be secured by such life line.

(2) No person shall descend or be permitted to descend into any storage bin, ore pass or similar place unless wearing a suitable life line and unless a second person is in constant attendance and precautions are taken against the danger of caving or falling material.

Regulation 193—Restrictions on Ascending a Chute, Etc.

(1) No person shall be ordered to ascend a chute, ore pass, sand pass, raise, shaft, or box-hole for the purpose of releasing or blasting a choke.  Any person giving orders contrary to this regulation shall be liable to the penalty provided.

(2) No attempt to enter from above a blocked chute, pass, raise, shaft or box-hole for the purpose of freeing same, shall be made by any person without direct instructions from the manager, underground manager or mine captain; and the work involved shall be continuously under the personal supervision of the mine captain or a shift boss.  No volunteer shall be permitted to ascend the blocked chute, pass, raise, shaft or box-hole unless personally authorised by and in the presence of the mine captain who shall then be in charge.  The proof that such authorisation was justified shall lie on the mine captain.

PART 15—TRIBUTERS

Regulation 194—Tributers may be prohibited.

(1) It shall be lawful for the Chief Inspector of Mines, whenever in his opinion it may be necessary to secure safe or economic mining of the area covered by any licence granted under part 4 of the Concessions Ordinance (Cap. 136) or section 5 of the Rivers Ordinance (Cap. 226) to prohibit the licence holder from employing tributers to mine such area, and the employment of tributers to mine underground is at all times prohibited save with the prior permission in writing of the Chief Inspector of Mines.

(2) The Chief Inspector of Mines 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.

Regulation 195—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.

Regulation 196—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 and nationality 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.

Regulation 197—Offences in Respect of Registration and Tokens.

(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 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 shall on ceasing to work for the person with whom he is registered return his token to such person.

(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.

Regulation 198—Duties of Manager; Safety.

(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.

Regulation 199—Limitation of Hours of Work and Movement of Mineral.

(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 of Mines.

(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.

Regulation 200—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 paragraphs (2) and (3) of regulation 199.

Regulation 201—Tributer to Deliver Mineral Only to Manager or his Representative.

No tributer shall deliver mineral to any person other than the manager or the representative of the manager with whom he is registered.

Regulation 202—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 therefor 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 securely bound book from which no pages may be removed and in which shall be recorded the mineral so received together with the name and token number of each tributer and the quantity received from such tributer: Provided that books with perforated pages may be used if either the original or one copy remain bound in the book.

Regulation 203—All Mineral Won to be Disclosed.

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.

Regulation 204—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's mineral record in respect of such tributers.

Regulation 205—Tributers not to be Employed on Prospecting Operations.

No person shall remunerate any person in accordance with the quantity of mineral obtained in the course of prospecting operations.

PART 16—PROCEDURE IN CASE OF ACCIDENT

Regulation 206—Notice of Accident to be Sent by Manager.

(1) Whenever an accident occurs at a mine or any works to which these Regulations apply being an accident connected with the working of such mine or works and resulting in death or serious personal injury to one or more persons, the manager shall immediately by the quickest means available in writing, and also by telegram or telephone, where practicable, give notice thereof to the Chief Inspector of Mines and also to the Inspector of Mines or to the Inspector of Machinery, according to the nature of the accident stating full particulars regarding such accident.

(2) Serious personal injury shall mean such injury as will result in the injured person being incapacitated from working for at least fourteen days.

Regulation 207—Death Resulting Subsequently to be Notified.

When serious personal injury results in the death of the person injured after the official report has been forwarded, or when any slight injury of which no official notice was given is known to result in the death or incapacitation for 14 days or more of the person injured, the manager, on being notified by the medical officer to the mine, shall give notice thereof to the Chief Inspector of Mines and also to the Inspector of Mines or to the Inspector of Machinery, according to the nature of the accident, without delay.

Regulation 208—Place of Fatal Accident to be Left Undisturbed Until Examined by the Inspector.

Where personal injury immediately results in the death of the person injured the place where the accident occurred shall, after the removal of the injured person or persons, be left precisely at it was immediately after the accident until the Inspector has visited it and examined it, unless it can be proved that the discontinuance of the work at this place would endanger the lives of other persons or seriously impede the working of the mine: Provided that should the Inspector fail from any cause to attend within two days after notice of the accident has been given, work may be resumed at the place in question, but not before photographs or drawings showing details of the scene of the accident have been prepared.

Regulation 209—Enquiry by Inspector.

The Inspector on the receipt of the report of an accident shall, if he deems it necessary, immediately proceed to the place where the accident has occurred and shall make an enquiry into the circumstances which have caused it.

Regulation 210—Powers at Enquiry.

(1) For the purpose of an enquiry under regulation 209 of these Regulations the Inspector—

(a) may require by summons the attendance at such enquiry of such persons as he may think fit;

(b) may require the production at the enquiry of any books, papers and documents which he considers  necessary;

(c) may administer an oath under the appropriate enactment relating to the administration of oaths and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination; no person so examined can be compelled to answer any question incriminating himself and must be so warned by the Inspector.

(2) Any person who without reasonable excuse fails to comply with any summons or requisition of the Inspector holding such enquiry, or prevents or impedes such officer in the execution of his duty, shall, for every such offence be liable to a penalty.

(3) On the conclusion of such enquiry, the Inspector shall issue to the manager of the mine or works a certificate that such enquiry has been held, and shall also in writing notify the manager of the result of his enquiry together with any instructions issued to obviate a recurrence thereof.

Regulation 211—Reports to Chief Inspector of Mines and to Coroner.

On the completion of the enquiry, the Inspector shall furnish the Chief Inspector of Mines with a full report of the accident, and, in the case of a fatal accident, if it appears that there has been a contravention of these Regulations, the Inspector shall also immediately given written notice to the Coroner of the district of the result of this enquiry.

Regulation 212—Inquest by Coroner.

At all inquests resulting from mining accidents, or from other causes specified in these Regulations, held by a Coroner, the Inspector shall be at liberty to appear and to examine any witness, subject nevertheless to the order of the Coroner on point of law.  At least twenty-four hours, notice of such inquest shall be given to the Inspector by the Coroner.

Regulation 213—Reporting Non-casualty Accidents or Occurrences.

Whether personal injury is caused or not every accident or occurrence included in the following classification or of a nature similar thereto shall be reported without delay and confirmed in writing to the Chief Inspector of Mines and also to the Inspector of Mines or the Inspector of Machinery according to the nature of the accident or occurrence:—

(a) Mine and Works

(i) Extensive caving or subsidence;

(ii) Serious flooding of any portion of the underground workings;

(iii) Accidental fires in mines;

(iv) Accidental ignition or detonation of explosives;

(v) Any case of unconsciousness arising from heatstroke or inhalation of fumes or poisonous gases.

(b) Winding Engine

(i) Engine running out of control;

(ii) Failure of depth indicator;

(iii) Failure of efficiency of brakes;

(iv) Failure of over-winding prevention device to act when required or the acting of this device when not required;

(v) Fracture or failure of any essential part of winding engine, crankshaft, couplings, bearings, gearing, clutch, drums or drum shaft.

(c) Shaft

(i) Derailment of skip or cage in motion by which in the opinion of the management, the winding rope is possibly overstrained;

(ii) Failure of safety catch to act when required, or the acting of the catch when not required during winding;

(iii) Fracture of headgear sheave, axle or bearings of same;

(iv) Any damage to winding rope or its attachment to skip, cage or drum;

(v) Jamming of skip or cage in shaft;

(vi) Any overwind.

(d) Elevators

(i) Failure of brake;

(ii) Failure of overwinding prevention device to act when required or its action when not required;

(iii) Failure of safety catches to act when required or their action when not required;

(iv) Fracture or failure of any essential part of the winding machinery;

(v) Fracture of rope or ropes or attachments;

(vi) Fracture of any sheave or axle or bearing of same;

(vii) Jamming of car in hatchway.

Regulation 214—Mine Register of Accidents.

At each mine or works a register in the form to be prescribed by the Chief Inspector of Mines shall be kept in which all accidents which under this Part are required to be reported to the Inspector, being accidents occurring at such mine or works must be recorded.

Regulation 215—Record of Rockbursts.

A record of the occurrence of all rockbursts at a mine shall be kept showing, as far as possible, the time, location, extent of the burst, any injury to persons and any other information pertaining to the burst, and such record shall be available at all times to the Inspector of Mines.

PART 17—FIRST AID TO THE INJURED

Regulation 216—Stretchers.

(1) At every mine or works a sufficient number, in the opinion of the Inspector, of properly constructed ambulance stretchers shall be kept ready for use proportionate to the number of persons employed thereat.

(2) At every mine or works there shall be kept either at the office or in a special room close to the shaft a sufficient supply of splints, bandages, tourniquets, other surgical accessories as the size of the mine demands, and a sufficient supply of an efficient antidote, with instructions for the use of same, for treatment of cases of "gassing".

(3) At every mine, and at such places underground as the Inspector may require 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.

Regulation 217—Ambulance to be Under Charge of Reliable Person.

At every mine or works employing over two hundred men not have a resident surgeon, the ambulance shall be under the charge of a reliable person, approved of by a qualified medical practitioner in writing, competent to apply splints and bandages in urgent cases.

Regulation 218—Antidotes for Poisons.

At every mine or works where cyanide and other poisonous materials are used, there shall be kept in conspicuous places convenient to every building in which such poisons are used, a sufficient supply of efficient antidotes for such poisons, and the vessels containing such antidotes shall be distinctly labelled and explicit directions for their use shall be attached to the vessels containing these antidotes.

Regulation 219—Drinking Water.

An adequate supply of wholesome drinking water shall be provided in each testing room and assay office, and this supply shall be distinctly labelled "Drinking Water".

Regulation 220—Medical Attendance in Case of Accident and Conveyance of Injured Person.

When any person employed in or about a mine or works receives serious injury by reason of his employment, the manager shall be responsible that the injured person shall be sent to the nearest qualified medical practitioner, or, in the event of the injuries being too serious to permit of the injured person's removal, the nearest qualified medical practitioner shall be sent for, unless the regular medical practitioner appointed to the mine resides within two miles of the scene of the accident. If the injured person is unable to proceed unaided to his abode or to a hospital, the manager of the mine shall immediately have such person conveyed to his abode or to a hospital in the safest, best, and quickest way at the expense of the owner of the mine.

PART 18—RESCUE APPARATUS AND RESCUE BRIGADES

Regulation 221—Rescue Apparatus.

Save where an exemption therefrom in writing is granted by the Chief Inspector of Mines there shall be provided at every mine where persons are employed underground some form of rescue breathing apparatus and resuscitation apparatus approved by the Chief Inspector.

Regulation 222—Rescue Brigades.

(1) Rescue brigades, each consisting of not less than five fully trained men 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 number of persons employed underground on duty is not more than 750 — not less than three brigades;

(b) where the number of persons employed underground on duty is more than 750 but not more than 2,000 — not less than four brigades;

(c) where the number of persons employed underground on  duty is more than 2,000 — not less than five brigades.

(2) The owner of a mine in which the total number of persons employed underground is less than 150, shall be deemed to have complied with the preceding regulation if he has made arrangements to the satisfaction of the Chief Inspector of Mines with the management of a neighbouring mine for the assistance of rescue brigades from such mine should the necessity arise.

(3) Exemption may be granted by the Chief Inspector of Mines to any mine which, owing to its small personnel, is unable to comply with the provisions of paragraph (1) of this regulation.

(4) So far as practicable all the members of the brigades should not be employed underground at the same time.

(5) 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 of Mines in writing, by the manager.

(6) A means, approved by the Chief Inspector of Mines, shall be adopted at each working shaft collar which shall enable the Manager to locate the labour underground at any time.

PART 19—INSPECTION

Regulation 223—Powers of Inspector Reg.

An Inspector or other person duly appointed to act under these Regulations shall have the power to do all or any of the following:—

(1) To make such enquiry and examination as he may consider necessary to ascertain whether the provisions of these Regulations or his notices are duly complied with.

(2) To examine and make enquiry respecting the state and condition of any mine and any part thereof and any other place that are subject to these Regulations, and into all matters and things connected with or relating to sanitation or the safety of persons employed in or about such mine or other place.

(3) To enter, inspect or examine any such mine or other place, or any part thereof, at all reasonable times by day and by night, but not so as unnecessarily to impede or obstruct the working of the mine.

(4) For the purpose of such examination, inspection, or enquiry, the Inspector may call upon to accompany him either the mine manager or the mine captain of their deputies, together with any other mine official or other employee shall be bound to attend when called upon to do so.

(5) 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 ten cedis for any one breach of a regulation or rule framed thereunder.

At every trial the Inspector or person duly appointed to act under these Regulations shall take down the evidence in writing all shall record his finding and sentence in writing and shall forward the same to the Chief Inspector of Mines.

(6) To exercise such power as may be necessary for carrying these Regulations into effect.

(7) If, in the opinion of an Inspector, any circumstance, practice or omission on a mine or part thereof if so defective or dangerous as to be likely to cause bodily injury, he shall require the Manager to remedy the same forthwith and shall, as soon as practicable give notice in writing, specifying the matters considered defective or dangerous.

Regulation 224—Appeals from Instructions of Inspector or of Chief Inspector of Mines.

(1) From any instruction given by the Inspector or other person duly appointed to act under these Regulations, the manager of a Mine or works subject to these Regulations may, within fourteen days, lodge a written appeal with the Chief Inspector of Mines.

(2) Action shall be taken by the Chief Inspector of Mines as soon as possible, and, in the event of settlement not being arrived at, he shall refer the appeal to a committee of three recognised Mine Managers chosen by the Chief Inspector of Mine and the decision of such committee shall be final.

(3) From any decision or instructions given by the Chief Inspector of Mines, apart from appeals from instructions given by the Inspectors which are dealt with in paragraphs (1) and (2) of this regulation, the manager of a mine or works subject to these Regulations may appeal within fourteen days to the Minister for his decision, which shall be final.

PART 20—MACHINERY

Regulation 225—Exemption.

Part 20 of these Regulations shall not apply to digging areas.

Sub-Division 1—General Safety Measures with regard to Mechanical Plant.

Regulation 226—Responsibility of User of Boiler, Engine, Etc.

(1) The user of a boiler, steam apparatus, steam engine, mechanical appliance or electrical apparatus is responsible that all reasonable precautions are taken to ensure the safety of the persons in his employment.

(2) Where under any law or regulations, a competent mechanical engineer or electrical engineer has to be placed in charge of Machinery and boilers, 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 user of any personal responsibility.

(3) Every resident engineer or competent engineer mentioned in regulation 22, shall report to the manager or user any mechanical or electrical defect or condition which may be liable to be dangerous to life or limb.

Regulation 227—Condition of Safety Appliances.

The user shall see that the prescribed safety appliances are maintained in good working condition and properly used and shall stop the working of any apparatus the using of which appears in any way to have become dangerous. He is further personally responsible for any contravention of the provisions of these Regulations unless he can prove that he has taken all reasonable measures for the carrying out of the same.

Regulation 228—Competent Person to be in Charge.

(1) Boilers, engines, and all machinery shall be in charge or under supervision of competent persons.

(2) Steam boilers, engines, and all machinery in use shall be kept in a fit state and in thorough repair, and all stationary boilers, engines and machinery in use shall be adequately protected from the inclemency of the weather.

Regulation 229—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 diem:

Provided that this limit may be exceeded when ordered by the manager or by any person appointed by the manager, in writing, for the purpose of this regulation, or where written permission thereto has been granted by the Chief Inspector of Mines.

Regulation 230—Fencing off Machinery.

(1) All exposed machinery, which when in motion may be dangerous to persons, must be securely fenced off, and efficient guards shall be provided to the satisfaction of the Inspector to such parts of any machinery and electrical apparatus as may in his opinion be a possible source of danger to person.

(2) Dangerous places such as elevated platforms, pits, trapholes and similar items shall be fenced off so as to safeguard effectively those persons authorised to work or to be in the vicinity.

Regulation 231—Fences and Guards not to be Removed.

No person or persons shall damage or shall remove without the consent of the manager any fence or guard erected to protect persons from dangerous places, exposed machinery, electrical machinery and plant.

Regulation 232—No Interference with Machinery.

(1) Unauthorised entrance into any place where machinery or steam boilers is or 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.

Regulation 233—Repairing, Oiling, etc., of Machinery in Motion and Automatic Oiling.

(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 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.

Regulation 234—Friction Clutches or Similar Contrivance to be Provided.

(1) Belt-driven machinery which it is necessary to stop and start without interfering with the speed of the prime mover shall be permanently fitted with a satisfactory mechanical appliance for the purpose.

(2) Shipping and unshipping driving belts whilst the machinery is in motion is forbidden, with exception of the customary shifting of light belts on the cone pulley of machine tools for the purpose of alterations in the working speed.

Regulation 235—Inspectors to have Access to Boilers and Machinery.

He Inspector shall have free access to the places where there are boilers, steam apparatus, elevators or other machinery, and the users are obliged to admit him at any time.

Regulation 236—Instructions to be in Writing.

Any instructions or decisions given by the Inspector to the user of the machinery shall be in writing, and the user shall be responsible that such instruction or decision is complied with.

Regulation 237—Appeal.

In case of objection to any such instruction or decision given by the Inspector regarding any thing or practice in connection with machinery or boilers or any part thereof not provided for by any provision of these regulations, the user may, within fourteen days, lodge a written appeal with the Chief Inspector of Mines.

Sub-Division 2—Elevators

Regulation 238—Elevators not to be used for Transport of Persons without Permission of Chief Inspector of Mines.

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 think fit: Provided that properly authorised persons may travel on elevators without such permission for the purpose of examination and repair.

Regulation 239—Precautions for Safety of Persons in Vicinity of Elevator.

The user shall be responsible that all reasonable precautions are taken to ensure the safety of persons working in the vicinity of an elevator.

Regulation 240—Periodical Examination of Elevator.

A responsible person specially deputed by the user for the purpose shall carefully examine—

(1) at least once each day the engine or motor, all drums and sheaves and all safety appliances;

(2) at least twice in each week the guides and ropes;

(3) at least once each month the entire elevator plant and all fittings and appliances in connection therewith.

Reports of examinations above-mentioned 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 inspection of the Inspector. Should, as the result of such examination, any weakness or defect be discovered, immediate steps shall be taken by the user to remedy such weakness or defect.

Regulation 241—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.

Regulation 242—Construction and Safety Catches of Car.

The elevator car shall be of substantial construction and it shall be provided with efficient safety catches.

Regulation 243—Car to have Gate or Bars.

The elevator car shall be fitted with a gate or bar to prevent goods from falling out.

Sub-Division 3—Lifting Machines

Regulation 244—Examination.

(1) At every mine a competent person appointed for the purpose by the manager shall thoroughly examine at intervals not exceeding twelve months all parts and working gear whether fixed or moveable including the anchoring and fixing appliances of any crane, crab or winch operated by mechanical power and used as a lifting machine.

(2) No crane, crab or winch operated by mechanical power (other than new machine) which has been dismantled or out of regular use for a period exceeding two months, shall be taken into use as a lifting machine at any mine for the first time at that mine, unless immediately prior thereto all parts and working gear thereof, whether fixed or moveable including the anchoring and fixing appliances have been thoroughly examined by a competent person appointed for that purpose.

Regulation 245—Efficient Catch or Brake to be Provided.

Every crane, crab or winch operated by mechanical power and used as a lifting machine at a mine shall be provided with an efficient catch or an efficient brake.

Regulation 246—Safe Working Load to be Plainly Marked, not to be Exceeded, and Exemptions.

(1) There shall be plainly marked on every crane, crab 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 to constructed that the safe working load may be varied by the raising or lowering of the jib, there shall be attached there 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, crab 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.

Sub-Division 4—Aerial Ropeways

Regulation 247—Clearance of Aerial Ropeways.

(1) The Minimum clearance from the ground of any conveyance on a ropeway shall be not less than sixteen feet except within loading and unloading station limits, or with the permission in writing of the Chief Inspector of Mines.

(2) The factors of safety of all parts of an aerial ropeway shall be subject to the approval in writing, of the Chief Inspector of Mine.

(3) No person shall travel, or be allowed to travel on an aerial ropeway, except with the permission in writing, of the Chief Inspector of Mines.

(4) Aerial ropeways may cross over thoroughfares, roads, railways, tramways or buildings, subject to the previous approval in writing, of the Chief Inspector of Mines, 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 25 feet of an aerial ropeway without the previous approval in writing of the Chief Inspector of Mines, who may impose such conditions as he may consider necessary.

Sub-Division 5—Steam Boilers

Regulation 248—Construction and Maintenance.

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.

Regulation 249—Safety Valves.

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 per 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 pounds per square inch 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 so as to obstruct the reading of the gauges.

Regulation 250—Attachments to Steam Boiler.

Every steam boiler shall be provided with—

(1) means for attaching a test pressure gauge,

(2) a suitable fusible plug or an efficient low-water alarm device.

Regulation 251—Precautions when Cleaning or Repairing.

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.

Regulation 252—Examination by Competent Person.

(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 fourteen months and also after any extensive repairs, in the first place when the boiler is cold and 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-six months.

The hydraulic testing pressure applied shall be seventy-five pounds per square inch above the maximum permissible working pressure in boilers in which the maximum permissible working pressure exceeds seventy-five pounds per square inch.

Boilers in which the maximum permissible working pressure does not exceed seventy-five pounds per square inch 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 must 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 to inspection by the Inspector.

Regulation 253—Previously Used Boiler to be Tested before Re-use.

No steam boiler which has previously been used shall be taken into use at a mine for the first time at that mine until it has been examined, tested, and reported upon in accordance with regulation 252.

Regulation 254—Manufacturer's Certificate for New Boiler.

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, and such certificate shall be kept available for inspection, and the boiler shall be so marked as to enable it to be identified as the boiler to which the certificate relates.

Regulation 255—Inspector to be Notified when Boiler to be Used for the First Time.

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 Inspector and to the Chief Inspector of Mines.

Regulation 256—Inspector may Examine and Test Boilers, Preparation of Test.

(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. He shall fix the date and time of any internal examination or hydraulic test so as to take the interests of the user into consideration.

(2) The user 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.

Regulation 257—Recording of Dates of Examination and Repairs.

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, and shall be signed by the person responsible for such work. Each entry in the Boiler Record Book shall be initialled by the manager or his representative.

Regulation 258—Manager to Give Notice to Inspector of Important Repairs.

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 to the boiler.

Sub-Division 6—Air Receivers

Regulation 259—Pressure Gauges and Safety Valves on Receivers.

All 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 on the pipe conveying the air or gas.

Regulation 260—Testing Receivers.

The user shall test receivers at intervals not exceeding two years. The test shall be by hydraulic pressure to the extent of one and one-third times the working pressure, over a period to be determined in each case by the Inspector, provided that such period shall not exceed a maximum of ten minutes.

Regulation 261—Records of Tests.

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 user's possession and always open to inspection by the Inspector.

Regulation 262—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 being inhaled by persons in or about the mine or works, shall be kept clear and free from carbonised oil and other material liable to ignition and shall be opened and examined by the engineer appointed under paragraph (2) of regulation 119 of these Regulations, or other duly authorised person at intervals, not exceeding three months. 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 compliance with this regulation.

(2) All other types of receivers shall be opened and examined as provided for in paragraph (1) of this regulation at intervals not exceeding fifteen months.

Regulation 263—Supply of Air.

The supply of air for air compressors shall be drawn from the purest and coolest source available.

Regulation 264—Fusible Plugs and Thermometers.

Where required by the Inspector suitable fusible plugs, as well as thermometers and pyrometers indications on 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 inter-coolers of air compressors when operating in combination with receivers mentioned in paragraphs (1) and (2) of regulation 262.

The highest temperature allowed shall be indicated by a red mark on the scale and it shall be the duty of the engine driver in charge to see that this temperature is not exceeded and he shall also record the thermometer and pyrometer readings at least once during each shift.

Sub-Division 7—Electrical Apparatus

Regulation 265—Competent Engineer.

At every mine or works on which electrical apparatus is being used, there shall be at least one competent engineer as in accordance with regulation 22, and such appointment shall be in writing.

Regulation 266—Plans of Electrical Apparatus.

At every mine or works there shall be kept plans showing clearly the positions and sizes of all fixed electrical apparatus above and below ground, and showing the isolating arrangements of the various circuits of the system. Such plans shall be kept up to date and shall be open to inspection by the Inspector.

Regulation 267—Switchgear.

Switchgear and all terminals, cable ends, cable joints and connections of apparatus 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, as, fire and water.

Regulation 268—Use of Electrical Apparatus.

All electrical apparatus and conductors shall be sufficient in size for the work they may be called upon to do, and shall be so selected, arranged, installed, protected, worked and maintained as to prevent danger so far as is reasonably practicable.

Regulation 269—Examination and Repairs.

(1) No examination, repairs or alterations necessitating the handling of electrical apparatus shall be carried out while such apparatus is alive, unless such work is carried out by a skilled electrician.

(2) Whenever work is being carried out on electrical apparatus which has been disconnected from all sources of supply, adequate precautions shall be taken by earthing or other means to discharge electrically such electrical apparatus or any adjacent electrical apparatus if there is a danger therefrom, before it is handled, and to prevent any conductor or electrical apparatus from being accidently or inadvertently electrically charged whilst persons are working thereon.

Regulation 270—Apparatus 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 apparatus; and

(d)  any handle for the operation of any electrical apparatus:

Provided that the provisions of this paragraph shall not apply to a lamp-holder efficiently protected by a covering made of fire resisting material which is either insulated or earthed.

(2) Without prejudice to the generality of the last preceding paragraph, every earthing conductor installed for the purposes 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 0.022 square inches:

Provided that—

(a) in relation to a flexible cable by which electricity is supplied at a voltage not exceeding one hundred and twenty-five to portable apparatus, nothing in the preceding provisions of this paragraph shall require the earthing conductor to have a cross- sectional area greater than 0.01 square inch, and

(b) in relation to a flexible cable by which electricity is supplied to portable apparatus 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 paragraph shall require the earthing conductor to have a cross- sectional area greater than that of any one of the other conductors in that cable.

(3) No switch, fuse or circuit breaker shall be placed in any earthing conductor.

Regulation 271—Cables.

(1) No cable shall be connected to any other electrical apparatus except by means of a properly constructed connector.

(2) No single core flexible cable shall be used for supplying portable apparatus at any mine. Each conductor in a flexible cable shall be covered with insulating material and the conductor and insulating material shall be efficiently protected from damage.

(3) A metallic covering provided to protect a flexible cable from damage shall not be used as the sole earthing conductor in respect of that cable or any apparatus connected thereto, unless that cable is of a specification approved by the Chief Inspector of Mines.

(4) All underground cables other than flexible cables for portable apparatus shall, unless previously exempted in writing, by the Chief Inspector of Mines,

(a) be protected by a suitable metallic covering or armouring electrically continuous throughout, such covering to be earthed as provided in regulation 270,

(b) be adequately supported.

(5)  Nothing in this regulation shall apply to telephone or signalling cables.

Regulation 272—Transformed Energy.

Where electrical energy is transformed suitable provision shall be made to guard against danger by reason of lower pressure apparatus becoming accidently charged above its normal pressure by leakage from or contact with the higher pressure apparatus.

Regulation 273—Protection of Electrical Apparatus.

All electrical apparatus and conductors shall be placed and protected in such a manner that no person can inadvertently come in contact with or be injured by reason of same.

Regulation 274—Notices to be Posted.

The following notices, clearly legible and constructed of durable material, shall be posted at suitable places:—

(a) a notice warning persons of the proximity or presence of dangerous electrical apparatus;

(b) a notice prohibiting unauthorised persons from handling or interfering with electrical apparatus of any description;

(c) a notice in the form of an illustrated chart explaining the treatment for electric shock.

Sub-Division 8—Overhead Lines

Regulation 275—Factors of Safety.

In the design of overhead lines the 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 of Mines.

Regulation 276—Distances from Roads, Railways, etc.

Overhead lines may be erected along or across thoroughfares, roads, railways, tramways or buildings, subject to the previous approval in writing of the Chief Inspector of Mines who may impose such conditions as he may consider necessary.

Regulation 277—Distance from Explosives Magazines.

No overhead line shall be erected nearer than 250 feet to any explosive magazine, except with the previous approval in writing of the Chief Inspector of Mines.

Regulation 278—Clearance of Overhead Lines.

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 sixteen feet.

Regulation 279—Construction.

On every overhead line all conductors shall be efficiently insulated and secured, and every precaution shall be taken to prevent such conductors from falling away from their supports.

Regulation 280—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.

Regulation 281—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.

Regulation 282—Supports.

All supports shall be of substantial construction and shall be placed at intervals of not more than 200 feet apart when the direction of the line is straight, and of not more than 150 feet apart when the line is not straight, provided that such intervals may be varied with the previous approval in writing of the Chief Inspector of Mines.

Regulation 283—Service Line.

Service lines shall be connected to line conductors at a point of support only and shall be efficiently insulated.

Regulation 284—Telephone Lines.

No telephone lines shall be placed on the same support as other overhead lines, except with the previous approval in writing of the Chief Inspector of Mines.

Regulation 285—Lines Crossing Other Lines.

No overhead line conductor shall cross or under any other line conductor without efficient precautions being taken to prevent the contact of such conductors.

Regulation 286—Atmospheric.

All systems shall be suitably protected against the effects of atmospheric electricity.

Regulation 287—Inspection and Maintenance.

(1) Every overhead line, including its supports and all structural parts and all electrical appliances and devices belonging to our 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 under or, within a horizontal distance of 25 feet of an overhead line, without the previous approval in writing of the Chief Inspector of Mines.

Regulation 288—Dangerous Objects to be Notified to Persons in Charge.

All workmen shall strictly observe the safety measures referred to in the preceding regulations, and unless their duty absolutely necessitates it, shall not trespass within the safety guards or fences erected under these Regulations. In case they notice any thing which might be dangerous to life or limb, or to the working of the machinery, they shall as soon as possible inform the person in charge thereof.

PART 21—MISCELLANEOUS

Regulation 289—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 underground works or for the safety of the workmen or for the protection of the surface nor is any person permitted to alter, remove or in any way render useless any arrangement in or about the mine provided for the before-mentioned purpose without the consent of the manager.

Regulation 290—Responsibility for Sanitary Conditions.

Every headman shall be responsible for the sanitary condition of every working place or section of the mine or works over which he has charge; and it shall be his duty to take the necessary action to put into a proper sanitary condition the place or section over which he has charge.

Regulation 291—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 or about a mine of works, an abstract of the portions of these Regulations directly concerning the workmen shall be posted up in suitable places at the mine or works where it can be conveniently read, and a copy of these Regulations or of such abstract, must be supplied at cost price 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.

(2) So often as the posted copies become defaced, obliterated or destroyed, they shall be renewed with all reasonable despatch.

(3) Any person pulling down or otherwise defacing the before-mentioned notices when so posted up shall be guilty of an offence against these Regulations.

(4) Where any workman is unable to read these Regulations the person in charge shall see that such workman is made acquainted with the regulations concerning him or appertaining to his particular occupation and duties.

Regulation 292—Notification of Commencement or Termination of Employment.

It shall be the duty of the manager of every mine, or his duly appointed representative, to notify the Chief Inspector of Mines 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 or works.

Such notification shall be given within one month of the commencement or termination of employment.

Regulation 293—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 in that behalf.

(3) No unauthorised person shall enter a mine or works. Notice to this effect shall be posted up by the manager at all entrances to a mine or works.

Regulation 294—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 of Mines in writing, posted or caused to be posted by the manager at any place in or about the mine or works.

Regulation 295—Prosecutions.

Proceedings against any person for the contravention of these Regulations may be instituted by the manager with the approval of the Inspector.

Regulation 296—Acts Prejudicial to Safety or Discipline.

A person who negligently or wilfully does at a mine anything which in the opinion of the court is likely to endanger the safety of the mine or the safety or health of persons thereat or negligently or wilfully omits to do at a mine anything necessary for securing the safety of the mine or the safety or health of persons thereat shall be guilty of an offence against these Regulations.

Regulation 297—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.

Regulation 298—Samples may be taken.

The Minister shall have the right to instruct the Chief Inspector of Mines to take or cause to be taken samples of ore or other minerals extracted, as he may deem necessary.

No information shall be given by any officer of the Mines Department in connection with these samples to any unauthorised person.

Regulation 299—Exemption may be Given in Case of Certain Oil Mining Operations.

(1) The Chief Inspector of Mines may, by writing, exempt any oil mining operations, to which any other law for regulating oil mining applies from all or any of the provisions of these Regulations. [Subreg.(1) amended by LI 689 reg.(c).]

(2) Whenever the circumstances at any mine or works are such as to render any provisions of these Regulations inapplicable or unduly onerous to such mine or works, or whenever it is necessary for the purpose of carrying out experiments or tests as to the expediency of any Regulation or proposed Regulation, the Chief Inspector of Mines, may grant exemption from such provision under such conditions as he may determine.

PART 22—INTERPRETATION

Regulation 300—Interpretation.

In these Regulations, unless the subject matter or context otherwise requires—

"ANBA/ANFO"  shall mean Ammonium Nitrate Blasting

Agent/Ammonium Nitrate Fuel Oil respectively.

Authorised person.

"Authorised person" means a person authorised by the manager to discharge the particular functions or to exercise the particular powers to which the context refers; and references to authorisation shall be construed in the sense of this definition. An authorised person shall not and cannot delegate his authority or responsibility except to a person duly authorised in the sense of this definition.

Banksman.

"Banksman" shall mean a person stationed at the shaft top, duly appointed by the manager to supervise the loading and unloading of persons in the cage or skip, and to give the necessary signals to the engine driver and to the skipman.

Boiler.

"Boiler" shall mean any apparatus adapted continuously to convert any liquid into steam, vapour, or gas of a higher pressure than that due to the atmosphere, together with  any fittings and appurtenances thereof, including superheaters and economisers. Where such apparatus consists of a combination of two or more parts, each of which is capable of adaptation for use as a separate boiler by the mere fitting of one or more stop-valves or stop-cocks, each of these parts shall be considered to constitute a boiler and shall be treated as such in carrying out these Regulations.

Circuit.

"Circuit" shall mean an electrical circuit forming a system or branch of a system.

Concession.

"Concession" shall have the same meaning as in the Concession Ordinance.

Conductor.

"Conductor" shall mean an electrical conductor so arranged as to be electrically connected to a system.

Dead.

"Dead" shall mean at or about zero potential and disconnected from any live system.

Digging Area.

"Digging Area" shall mean an area subject to a digging licence granted under section 38 of the Concessions Ordinance.

Earthed.

"Earthed" shall mean efficiently connected to the general mass of earth in such a manner as will ensure at all times an immediate discharge of electrical energy without danger.

Electrical Apparatus.

"Electrical Apparatus" shall mean all apparatus, machines and fittings in which conductors are used and of which they form a part.

Elevator.

"Elevator" shall mean an elevator used for the transport of goods and such persons as are necessary and authorised to travel thereby, and shall not include hoists worked by hand power or hoists on which attendants, operators or other persons never travel.

Engine.

"Engine" shall mean an arrangement of machinery which converts physical into mechanical power.

Explosives.

"Explosives" shall mean nitro-glycerine, dynamite or any other nitro-glycerine compound, gun-cotton, blasting powder, detonators, and every other substance, whether similar to those mentioned or not, used in mining operations with a view to producing a practical effect by explosion.

Flexible Cable.

"Flexible Cable" shall mean a cable which is designed to be moved while working.

Hatchway.

"Hatchway" shall mean any vertical or inclined way in which an elevator is operated.

Headman.

"Headman" shall mean a person who is in charge of a gang of workmen in one or more working places in or at the mine or works.

Inspector.

"Inspector" shall be taken to refer to the Chief Inspector of Mines, the Inspector of Mines, the Inspector of Machinery, or any other Inspector appointed for the supervision of the mining and machinery regulations, and the term shall be read to apply to the Inspector appointed by the Chief inspector of Mines to supervise the carrying out of the regulation in which the term is used.

Live.

"Live" shall mean electrically charged.

Machinery.

"Machinery" shall include all mechanical appliances and all electrical apparatus of whatsoever kind in use at a mine or works.

Manager.

"Manager" shall mean the person appointed to be responsible for the control, management and direction of a mine or portion of a mine or works.

Mine.

"Mine" shall mean all excavations for the purpose of searching for or winning minerals as well as the working of mineral deposits whether abandoned or actually being worked on the surface, from the surface downwards and underground together with all buildings, premises, erections and appliances belonging or appertaining thereto above and below ground for the purpose of prospecting for or winning metals, minerals or precious stones by boring, excavating, dredging, hydraulicing or quarrying.

Mineral.

"Mineral" shall mean all substances (including mineral oils) which can be obtained from the earth by mining, digging, dredging, hydraulicing, quarrying or other operations for procuring these substances.

Misfired Hole.

"Misfired hole" shall mean a hole in which the explosives or any portion thereof has failed to explode.

Mining Foreman.

"Mining Foreman" shall mean the person in charge during a Shift in a section of, or in all the workings or works of an open-cast mine, acting under the instructions of a more senior official.

Overhead line.

"Overhead Line" shall mean any electrical line which is placed above ground in the open air.

Owner.

"Owner" shall mean in relation to a mine or works, the person for the time being entitled to work such mine or works.

Quarry.

"Quarry" shall mean any place, excavation or working opened up primarily for the extraction of rock for its value as stone as distinct from its mineral content.

Raise.

"Raise" shall mean an overhand working connecting or intended to connect levels.

Receiver.

"Receiver" shall include all bottles, cylinders, and other containers constituting non-fired pressure vessels for the storage of air or gas but shall not include commercial containers.

Safety-pillars.

"Safety-pillars" shall mean every portion of the mineral deposit or ground left "in situ" for the support and protection of the surface, objects thereon or underground workings, but it shall not include temporary stope or drive pillars.

Shaft.

"Shaft" shall mean any vertical or inclined way or opening which has been or is being used for winding, draining, travelling or ventilating purposes in connection with prospecting or mining operations.

Shaft boss.

"Shaft boss" shall mean the person in charge during a shift of a section of or of all the underground works of a mine, acting under the instructions of the mine captain.

Skipman.

"Skipman" shall mean the person duly appointed by the manager to have charge of a cage or skip underground in which persons are being raised or lowered and to communicate the necessary signals to the banksman or engine driver.

Socket.

"Socket" shall mean a hole or part of a hole remaining after being blasted with explosives and which is known not to be a misfired hole.

Steeply inclined.

"Steeply inclined" in connection with shafts or winzes or other underground excavations, shall mean an inclination to the horizontal of more than 35 degrees.

Stope.

"Stope". shall mean a working in which a section or block of the mineral deposit, which has been opened up by means of levels and their connections, is being or has been removed.

Switchgear.

"Switchgear" shall include switches, fuses, conductors and other electrical apparatus used for the purpose of controlling the current or voltage in any system or part of a system.

System.

"System" shall mean an electrical system in which all the conductors are electrically connected to a common-source of electro-motive force.

Tributer.

"Tributer" shall mean a person who is employed to win minerals by the holder of the mining rights, being a person who may choose his own working place and who receives in return remuneration in accordance with the quality and quantity of the minerals so won paid directly by the person employing him or by his accredited agent.

Unauthorised person.

"Unauthorised person" shall mean a person who is not an authorised person.

Underground Manager or Mine Captain.

"Underground Manager" or "Mine Captain" means person in charge of all or a portion of the workings of a mine, acting under the direction of a manager.

User.

"User" in connection with any machinery shall mean the person on whose behalf any boiler, steam engine, mechanical appliance and all electrical apparatus is used. With companies or syndicates, the user shall be considered to be the manager or the person charged with the superintendence of the works. In the absence of the user, his representative shall be considered to be the user.

Voltage.

"Voltage" shall mean the difference of electrical potential between any two conductors or between a conductor and earth.

Water Blast.

"Water blast" shall mean an appliance by means of which water is continuously projected in the form of a spray, by means of compressed air.

Winze.

"Winze" shall be taken to apply to an underhand working, connecting or intended to connect levels.

Workings.

"Workings" shall include all those portions of a mine which have been excavated, whether abandoned or not and those portions in process of excavation.

Works.

"Works" shall be taken to refer to metallurgical works reduction works, ore dressing works and any place where machinery is erected or used.

Regulation 301—Rescission.

The Mining Regulations in force on the day immediately preceding the coming into operation of these regulations are hereby rescinded.

R. R. AMPONSAH

Minister Responsible for Lands and Mineral Resources

Date of Gazette Notification: 4th December, 1970.

FOOTNOTE

1. References to "Commissioner" were substituted by the word "Minister" by LI 689 reg.(b).

GHANA STANDARDS (CERTIFICATION MARK) (AMENDMENT) RULES, 1970 (LI 664).

IN exercise of the powers conferred on the National Standards Board by paragraph 5 of the Standards Decree, 1967 (N.L.C.D. 199), these Rules are made this 17th day of November, 1970.

Regulation 1—L.I. 662 Amended.

The Ghana Standards (Certification Mark) Rules, 1970 (L.I. 662) are hereby amended—

(a) by the addition to rule 1 thereof of the following new proviso—

"Provided that the provisions of this rule shall have effect only with respect to goods for which Ghana Standards have been established"; and

(b) by the insertion  immediately after rule 9 of the following new rule—

"9A. Exemption.

The Board may, by notice in the Gazette, exempt any person or enterprise from all or any of the provisions of these Rules and may impose in relation to such exemption such conditions as it may think it."

Regulation 2—Commencement.

These Rules shall come into force on the 1st day of January, 1971.

S. KRAKUE             E. LARTEY     

S. K. DADZIE                     VICTOR D. ADU         

A. OHENE-SAFFO (Representing E. Y. S.  ENGMANN)                      F. C. READ    

C. C. K. BAAH                   C.D.K. KUDIABOR     

Date of Gazette Notification: 27th  November, 1970.