EARLY LEGISLATION IN THE 19th CENTURY

Various Factory Acts in the early 1800’s sought to regulate the labour of children and young persons in mills and factories. Government inspectors were appointed to enforce these Acts and the first ‘mines inspector’ was appointed in 1843 following an Act of 1842 which prohibited the employment of women, and young children under ten years of age, underground in mines. Various select committees and inquiries considered the causes of mining explosions at that time and the resultant large loss of life, and highlighted the need for inspection. Legislation concerning ‘Matters and Things connected with or Related to the safety of the Persons Employed’ dates from an Act ‘for Inspection of Coal Mines in Great Britain’ of 1850.

This Act provided for the compulsory appointment of expert mining engineers as inspectors of mines; plans of mines were to be held and produced to the inspectors when required and a notice of every fatal accident was to be sent immediately to the Secretary of State. This was followed by further enactments in 1855, 1860, 1862 and 1872 and a code of safety requirements was gradually built up until by 1872 most of the main principles which now form the basis of mine safety legislation had become established.

These Acts established the following:
- the principle of Government inspection both above and below ground in the interests of safety.
- the maintenance of an adequate amount of ventilation.
- the casing or lining of shafts.
- the keeping of accurate plans of workings.
- the examination and locking of safety lamps.
- the safe operation of underground haulages.
- precautions to guard against inrushes from old workings.
- the prohibition of single shafts for all new mines.
- the principle that two means of ingress and egress should be available to persons below ground.
- the provision of special rules for every colliery under the approval and certification of the inspector.

The Act of 1872 established several new principles including:
- the appointment of a certificated manager to exercise control and daily supervision.
- the constant attendance of a winding enginemen while any persons were below ground.
- a provision that the roof and sides of every travelling road and working place must be made secure.
- the compulsory use of safety lamps where explosive gas may be present.
- restrictions on the use of blasting explosives.
- registration of plans for abandoned mines.

In particular, for the first time under this 1872 Act the workmen employed in a mine were empowered to appoint two of their number to inspect the mine once a month on their behalf. These were later known as ‘workmen’s inspectors’.

Subsequent legislation has been concerned more with developing these basic principles in the light of increasing technical knowledge and accumulated experience.

In 1886 a short Act gave powers for formal investigations into accidents. In the Coal Mines Regulation Act 1887, eight additional general rules were added with other rules revised and extended. The minimum age for the employment of boys underground was increased to twelve and that of winding enginemen to twenty-two. The act also established the second-class certificate of competency for undermanagers and required a pre-shift examination as well as a second examination during the shift of every working part of the mine. The check-weighing provisions were revised and arrangements for first aid became necessary for the first time. Another Act of 1896 required the use of ‘permitted’ explosives in dry and gassy mines and also required mine plans to be certified by a competent mine surveyor. In 1903 a short Act recognised the importance of theoretical and technical training of managers and undermanagers.

THE ROYAL COMMISSION ON SAFETY IN COAL MINES 1935-38

ROYAL COMMISSION 1906-11

In 1906 the Royal Commission on Mines was appointed and sat from 1906 to 1911. This paved the way for a major revision of mining law in 1911. At the time of its appointment the Commission paid particular attention to the dangers of coal dust explosions and to facilitate rescue and recovery work after explosions. The former problem was referred to a committee while the second resulted in the passage of the Mines Accidents (Rescue and Aid) Act 1910. This required the provision and maintenance of rescue apparatus, the formation and training of rescue brigades, the provision and maintenance of ambulance appliances and the training of first aid men at mines. A subsequent committee 1910-1911 on the same subjects made recommendations which were included in an order of 1912 which required the organisation of rescue brigades and the provision of suits of breathing apparatus at coal mines, or that mines could call on the services of a Central Rescue Station for such apparatus.

The Commission also established separate committees to investigate the problems of ventilation, falls of ground, and haulage and shaft accidents. These results were included in the second report of the Commission, published in 1909. The Commission’s third and final report, presented in February 1911, contained additional recommendations on ventilation and the treatment of horses and ponies in mines.

THE COAL MINES ACT 1911

Under this Act, a consolidating and amending statute incorporating the recommendations of the Royal Commission in their reports of 1909 and 1911 was passed. General and special rules remained in force. The 1911 Act superseded all previous legislation in regard to coal mines. Before the 1911 Act no clear line of demarcation was drawn between the spheres of the Coal Mines Acts and the Factory and Workshop Acts. The Act shows in a remarkable way the change in the attitude of the Government to the industry and to the welfare of the workers in it. From the ‘laissez-faire’ days before the 1850 Act when any interference was abhorrent to both owners and miners, to a time when practically every detail of mining technique was subject to official scrutiny and control.

The 1911 Act contained 127 sections and three schedules which dealt with:

- the annual return of the statistics of manpower, ventilation, explosives, coal face machinery, safety lamps and electrical apparatus at each colliery

- the procedure for making general regulations, and
- the care and treatment of horses.

Part I dealt with the certification of managers, undermanagers and deputies, workmen’s inspections, mine plans and returns.

Part II dealt with the safety aspects of ventilation, safety lamps, shafts and winding, travelling roads and haulage, support of roof and sides, signalling, machinery, electricity, explosives, coal dust, inspections and withdrawal of workmen.

Part III dealt with health provisions including the notification of industrial diseases.

Part IV dealt with accidents, including notification, inquests and investigations, rescue and ambulance.
Part V dealt with the making of general and special regulations.

Part VI dealt with the employment of boys, girls and women and the payment of wages.

Part VII dealt with the appointment, powers and duties of inspectors.

Part VIII dealt with legal proceedings and miscellaneous matters.

An innovation of the 1911 Act was that a considerable part of the statutory requirements were contained not in the Act itself but in Orders and General Regulations made under the Act. These powers were used sparingly until near the end of its useful life when a series of accidents occurred which called for immediate remedies. Regulations were quickly passed to bridge the gap before the 1911 Act could be updated and replaced to take into account changes in techniques and the organisation of the industry following the recommendations of the Royal Commission on Safety in Coal Mines of 1935-38.

Some examples of these Regulations as they affected safety legislation were:
- Stone Dusting Regulations in 1920, 1924, 1939 and 1949
made to combat the danger of coal dust explosions
- Lighting Regulations in 1927 and 1934
- precautions against fires caused by spontaneous combustion
- several Orders regarding the use of Explosives in Mines
- Winding and Haulage Regulations in 1937.

These and other measures were put into place as a result of the findings and recommendations of various departmental committees following research into particular safety problems.

This Commission was set up ‘to inquire whether the safety and health of mine workers can be better assured by extending or modifying the principles of the general provisions of the Coal Mines Act, 1911’

Among the Commission’s recommendations were:

(a) the replacement of the Board for Mining Examinations by a smaller central body later named the Mining Qualifications Board.

(b) requiring the new Board to overhaul the examination machinery and to require candidates to provide evidence of having attended suitable courses of preparation.

(c) professional bodies to set up their own professional standards and that qualifications should be recognised as equivalent or alternative to statutory certificates.

(d) the position and qualifications of an overman.

(e) the need for statutory qualifications for electricians and mechanics.

(f) the qualifications of surveyors.

(g) the status and qualifications of mine deputies.

Although the second world war postponed many of the recommendations of the Commission, the peace in 1945 and the nationalisation of the mines in 1947 signalled a large review of mining legislation including that of mining qualifications.

Some small alterations to the rules governing qualifications and examinations took place in 1942 mainly to cater for candidates involved in national war service.

THE MINES AND QUARRIES ACT 1954 (M&Q Act)

The Second World War (1939-45) and the Nationalisation of the coal industry in 1947 delayed the enactment of the Commission’s work and it was not until November 1954 that the Mines and Quarries Act received the Royal Assent although its provisions did not come into effect until 1 January 1957. The 1954 Act dealt with general principles with detailed technical requirements covered by Regulations.

The 1954 Act was divided into fifteen parts and 195 sections and included five schedules.

The Parts of the Act dealt with:

- Part I: General Duties of Mine and Quarry Owners

- Part II: Management and Control (Mines)

- Part III: Safety, Health and Welfare (Mines)

- Part IV: Management and Control (Quarries)

- Part V: Safety, Health and Welfare (Quarries)

- Part VI: Notification and Investigation of Accidents and Diseases

- Part VII: Workmen’s Inspections

- Part VIII: Employment of Women and Young Persons

- Part IX: Records, Returns and Information

- Part X: Regulations

- Part XI: Inspectors

- Part XII: Grant, Cancellation and Suspension of Certificates

- Part XIII: Fencing of Abandoned and Disused Mines and of Quarries

- Part XIV Offences, Penalties and Legal Proceedings

- Part XV: Miscellaneous and General

The five schedules were concerned with:

- Public inquiries into accidents

- Procedure for making regulations

- Inquiries into fitness of holders of certificates in connection with prosecutions and inquiries

- Minor and consequential amendments of enactments

- Enactments repealed.

The main requirement of the 1954 Act came into force on 1st
January 1957 and in the period from 1957-87 nearly fifty sets of detailed Regulations and Orders were made to keep pace with developing technology.

Two further Acts were introduced: The Mines and Quarries (Tips) Act 1969 and the Mines Management Act 1971.

THE HEALTH AND SAFETY AT WORK ACT 1974 (HSWA)

During the period that mining legislation was developing a much more fundamental change was taking place in the history of safety legislation in general. Following the publication of the Robens Report, the HSWA became the enabling Act for ALL new health and safety at work legislation. The Act established the Health and Safety Commission (HSC), laid down its powers and duties and similarly established the Health and Safety Executive (HSE) as the operational arm of the Commission. The Mines and Quarries Inspectorate (MQI) was an integral but discrete part of that arm.

The HSWA and Regulations made under it began the process of modifying the MQA in 1975. Section 1(2) of the HSWA required that Regulations and Approved Codes of Practice (ACoP’s) should be designed to maintain or improve the standards of health, safety and welfare that they replaced. A programme of renewal was approved by the HSC and comprised some fifteen packages consisting, in each case, of Regulations supported by ACoP’s. This was intended to replace the MQA 1954, Part I of the MQ (Tips) Act 1969, the Mines Management Act 1971, nearly fifty set of National Regulations and all the Local Regulations. A further aim was to reduce the large number of consents and exemptions in force at the time but MQI retained the power to exempt in situations that had not been foreseen.

The concept of ACoP’s as distinct from Codes of Practice was new to the mining industry. ACoP’s are written for the purpose of providing practical guidance with respect to any health and safety regulations. Although failure to observe any provision of an ACoP does not, of itself, render a person liable to criminal or civil proceedings they have a recognised status in the HSWA. In addition to providing practical guidance and flexibility within a legal framework ACoP’s have the advantages that the required technical standards can be clarified, the contents of manager’s rules can be influenced and other safety literature can be referred to. Finally this can be done in non-legalistic, plain language that can be readily understood by the responsible persons.

REVIEW AND REFORM OF MINING LEGISLATION

The position of the review as at November 1998 is that the following packages of regulations and ACoP’s have been produced and are now in force:

- 1988 Mines (Safety of Exits) Regulations 1988 and ACoP

- 1989 Electricity at Work Regulations 1989 and the Use of Electricity in Mines ACoP 1989

- 1993 Coal Mines (Owners Operating Rules) Regulations and Guidance

- 1993 Prevention of Inrushes in Mines ACoP 1993

- 1993 First Aid at Mines ACoP 1993

- 1993 Management and Administration of Safety and Health at Mines Regulations 1993 and ACoP

- 1993 Mines (Shafts & Winding) Regulations 1993 and ACoP

- 1993 Coal & Other Safety-Lamp Mines Regulations 1993 and ACoP

- 1995 Escape and Rescue from Mines Regulations 1995 and ACoP

- 1995 Mines Miscellaneous Health & Safety Provisions Regulations 1995

- 1996 Mines (Substances Hazardous to Health) Regulations 1996

Those currently under revision at various stages of development are:

- Mines (Control of Ground Movement) Regulations and supporting ACoP

- Revision to the Use of Electricity in Mines ACoP 1989

- Mines (Underground Transport) Regulations and ACoP

- Non-safety Lamp Mines (Explosives) Regulations and ACoP

- Coal Mines (Respirable Dust) Regulations

Those planned for the future are:

- Mines Ventilation

- Mines (Special Hazards) e.g., fires and ignitions

- Mines Miscellaneous Health and Welfare

- Mines Tips and Structures

There are also some ‘across the board’ regulations which apply to coal mines:

- The Health and Safety (First Aid) Regulations 1981

- The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995

- The Control of Substances Hazardous to Health Regulations 1994

- The Electricity at Work Regulations 1989

- The Noise at Work Regulations 1989

- The Management of Health and Safety at Work Regulations 1992

- The Provision and Use of Work Equipment Regulations 1998 and ACoP

- The Personal Protective Equipment at Work Regulations 1992

- The Lifting Operations and Lifting Equipment Regulations 1998 and ACoP

It is quite a task keeping abreast of these across the board developments. However, the HSE produces a publication ‘List of Current Health and Safety Legislation’ by year. (1996, ISBN 07176 13119) priced £11.95 is available mail order through HSE Books at::

HSE Books,
PO Box 1999,
Sudbury, Suffolk, CO10 6FS
Tel: 01787 881165

The 1998 version will be out in March 1999, available through the same source and will be the most complete way of keeping abreast of all legislation, ACoPs and guidance both recently issued and that extant.

When this current review is complete it is likely that there will be a period of stability in mining legislation to allow all the changes to be embedded in the structure of a newly privatised coal mining industry. Any technical changes can be catered for by amendments to Regulations and ACoP’s more easily than alterations to statute.

We have come a long way from the ‘laissez-faire’ attitudes of the early 1800’s to the detailed technical requirements in mining legislation made to safeguard the health and safety of miners going into the next century. Coal mining will always be a hazardous undertaking and the role of the HSE and Inspectorate in policing and enforcing safety in the mines cannot be under-estimated both now and in the future and regular reviews will no doubt still be necessary.

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