Safe Quarry - Health and Safety Authority
Safe Quarry - Health and Safety Authority
Safe Quarry - Health and Safety Authority
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PART 2 SAFETY AND HEALTH MANAGEMENT<br />
5. GENERAL DUTIES OF OPERATOR<br />
(Regulation 9)<br />
9.<br />
(1) The operator shall, so far as is reasonably<br />
practicable, ensure that -<br />
(a) the quarry <strong>and</strong> any machinery, tool or other<br />
article used at work there are, as appropriate,<br />
selected, designed, constructed, installed,<br />
equipped, commissioned, protected, operated<br />
<strong>and</strong> maintained in such a way that persons at<br />
work can perform the work assigned to them<br />
without endangering the safety, health <strong>and</strong><br />
welfare of themselves or others,<br />
(b) if any of the articles referred to in<br />
subparagraph (a) is located in an area of the<br />
quarry within which risk of fire or explosion<br />
from ignition of gas, vapour or volatile liquid<br />
exists, or is likely to exist, that article is -<br />
(i) suitable for use in that particular area, <strong>and</strong><br />
(ii) if necessary, fitted with suitable protective<br />
devices <strong>and</strong> fail-safe systems,<br />
(c) mechanical equipment <strong>and</strong> plant at the<br />
quarry is of adequate strength <strong>and</strong> free from<br />
patent defect <strong>and</strong> suitable for the purpose<br />
for which it is intended, <strong>and</strong><br />
(d) electrical equipment <strong>and</strong> plant at the quarry<br />
is of sufficient capacity for the purpose for<br />
which it is intended.<br />
(2) The operator shall ensure, as regards that<br />
quarry, that -<br />
(a) work is planned taking into account the<br />
elements of the safety statement that<br />
concern the risks of falls, movements or slips<br />
of ground <strong>and</strong>, in particular, that -<br />
(i) the height <strong>and</strong> slope of overburden<br />
2 “Competent person” is defined in Section 2(2) of the <strong>Safe</strong>ty,<br />
<strong>Health</strong> <strong>and</strong> Welfare at Work Act 2005 as follows -<br />
“(2) (a) For the purposes of the relevant statutory provisions, a<br />
person is deemed to be a competent person where, having<br />
regard to the task he or she is required to perform <strong>and</strong> taking<br />
account of the size or hazards (or both of them) of the undertaking<br />
or establishment in which he or she undertakes work,<br />
the person possesses sufficient training,experience <strong>and</strong> knowledge<br />
appropriate to the nature of the work to be undertaken.<br />
(b) Account shall be taken,as appropriate,for the purposes of<br />
paragraph (a) of the framework of qualifications referred to<br />
in the Qualifications (Education <strong>and</strong> Training) Act 1999.”<br />
stripping <strong>and</strong> extraction faces is appropriate<br />
to the nature <strong>and</strong> stability of the ground<br />
<strong>and</strong> the methods of working,<br />
(ii) benches <strong>and</strong> haul roads are stable enough<br />
for the plant used <strong>and</strong> are constructed <strong>and</strong><br />
maintained in such a way that plant can be<br />
moved safely,<br />
(iii) before the start or restart of work, stripping<br />
<strong>and</strong> extraction faces above work areas or<br />
haul roads are checked for loose ground or<br />
rocks <strong>and</strong> scaling is carried out where<br />
necessary, <strong>and</strong><br />
(iv) faces <strong>and</strong> tips are not worked in such a way<br />
that instability is created,<br />
(b) it is organised so as -<br />
(i) to provide adequate protection against<br />
hazards,<br />
(ii) to be kept in good order, with any hazardous<br />
substances or deposits removed, <strong>and</strong><br />
(iii) not to endanger the safety <strong>and</strong> health of<br />
persons at work,<br />
(c) workstations are designed <strong>and</strong> constructed<br />
according to ergonomic principles taking<br />
into account the need for persons at work to<br />
carry out their work safely <strong>and</strong> without risk<br />
to health at their workstations,<br />
(d) a sufficient number of persons with the<br />
requisite competence to perform the tasks<br />
assigned to them are present,<br />
(e) where a workstation is occupied by a person<br />
on his or her own, the necessary supervision<br />
or means of communication is provided, <strong>and</strong><br />
(f) in the event of the permanent cessation of<br />
quarrying operations there, the quarry is left,<br />
so far as is reasonably practicable, in a safe<br />
condition.<br />
The operator is in overall control of the quarry.Most<br />
of the statutory duties fall on the operator.<br />
As outlined in Section 2 (the owner) the person<br />
entitled to work the quarry,if competent ,could <strong>and</strong>,<br />
in the majority of cases, would be the operator. In<br />
any other circumstances,he or she must appoint the<br />
operator, normally a company, in writing.<br />
There can only be one operator for each quarry, <strong>and</strong><br />
it is very important that this role is clearly allocated.<br />
SAFE QUARRY GUIDELINES TO THE SAFETY, HEALTH AND WELFARE AT WORK (QUARRIES) REGULATIONS 2008 15