The Coal Mines (Control of Inhalable Dust) Regulations 2007 (Memo)

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The Coal Mines (Control of Inhalable Dust) Regulations 2007 (Memo)

EXPLANATORY MEMORANDUM TO THE COAL MINES(CONTROL OF INHALABLE DUST) REGULATIONS 2007 SI No.1894

EXPLANATORY MEMORANDUM TO

THE COAL MINES (CONTROL OF INHALABLE DUST) REGULATIONS 2007

2007 No. 1894

1. This explanatory memorandum has been prepared by the Health and Safety Executive on behalf of the Department for Work and Pensions and is laid before Parliament by Command of Her Majesty.

2. Description

2.1. The Regulations establish a goal-setting framework which imposes duties on mine owners, mine managers, employers and employees to protect persons at work below ground in coal mines from risks to their health arising from exposure to inhalable dust. Key duties require the mine manager to assess the risk to workers from the effects of exposure to inhalable dust below ground in a coal mine, identify dust sources and take steps to reduce the dust exposure of all workers to as low a level as is reasonably practicable. The mine manager must also identify those workers who have significant exposure for regular exposure sampling and employers must provide health surveillance for all persons identified as likely to have significant exposure to inhalable dust. The regulations also require employers to provide health surveillance for all employees with significant exposure to coal dust.

3. Matters of special interest to the Joint Committee on Statutory Instruments

3.1 . None.

4. Legislative Background

4.1 . The Regulations are made under the Health and Safety at Work etc Act 1974. They replace the Coal Mines (Respirable Dust) Regulations 1975 (RDR) which were amended in 1978 and further amended to include provisions for small mines by the Mines (Control of Substances Hazardous to Health) Regulations 1996.

4.2 . An HSE investigation into the rise in the number of cases of pneumoconiosis highlighted weaknesses in the RDR control regime which warrant revised arrangements to reflect the changes in working practices in the 30 years since RDR was introduced.

4.3 . The regulations also implement the Chemical Agents Directive 98/24/EC insofar as it relates to the control of coal mine dust as a health hazard. A transposition note is appended.

4.4 The regulations place certain duties on the mine manager and others on the mine owner. This is in line with other regulations in the industry. This reflects the industry tradition and is the approach that the industry prefers. The mine owner is required by the Management and Administration of Safety and Health at Mines Regulations 1993 (SI...

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