Cap. 285 sub. leg. B

Mines (Safety) Regulations(Cap. 285, section 67) [15 October 1954](Format changes—E.R. 1 of 2021) Part I Preliminary 1. Citation These regulations may be cited as the Mines (Safety) Regulations. 2. Interpretation In these regulations, unless the context otherwise requires—agent (代理人) is a person holding a power of attorney in accordance with section 7 of the Ordinance;gang foreman (礦隊管工) means the labourer or miner in charge of a gang or, if doubt exists whether a particular labourer or miner in the gang is in charge, the responsibility of the gang foreman shall devolve upon the manager;kilowatt power (千瓦特功率) in relation to steam, internal combustion or ignition compression engines means the output kilowatt power declared in the maker’s specifications; (L.N. 87 of 1986)machinery book (機械手冊) means a book so inscribed upon the cover and retained in the manager’s possession and in which shall be entered the matters required by these regulations;manager (礦長) means the person notified, from time to time under regulation 88(4), to the Superintendent of Mines as being responsible for the safety, welfare, health and housing conditions of persons employed in prospecting or mining operations, and when no person has been so notified, it means the holder of a prospecting or mining licence or the lessee of a mining lease or the agent of any of them;opencast (露天礦) means a working in which excavation is performed from the surface or which is exposed to open air;shot-firer (炮王) means the holder of a valid mine blasting certificate issued in accordance with these regulations;steeply inclined (急傾斜的) means, in connexion with shafts or other underground excavations, an inclination to the horizontal of 45 degrees or more. (E.R. 1 of 2021) Part II Machinery 3. Report of bringing plant into use (1) At least 14 days before bringing into use for the first time any steam, oil or gas engine, or any hydraulic plant for the generation of power, the manager shall give to the Superintendent of Mines written notice of his intention so to do together with a statement of the nature and kilowatt power of the plant and the purpose for which it is to be used. (L.N. 87 of 1986)(2) Where any such plant as aforesaid has been out of use for a period of 12 consecutive months or more, a notice similar to that mentioned in paragraph (1) shall be given before such plant is again brought into use. 4. Duty to have competent engineer in charge Any plant, the power of which is more than 9 kilowatts, shall be directly under the charge of a competent person:Provided that this regulation shall not be deemed to exonerate the manager from responsibility for seeing that any plant of 9 kilowatts or less is used only under proper supervision.(L.N. 87 of 1986) 5. Prohibition against removal or rendering useless any fencing, etc. No person, not properly authorized on that behalf, shall remove or render useless any fencing, means of signalling, signal chain, flange, brake, indicator, ladder, platform, steam-gauge, water-gauge, safety-valve, or anything in any mine provided for the safety of any person. 6. Inspection of plant (1) A mines officer may at any time require a manager to prepare an engine or other plant for inspection and shall give not less than 1 week’s notice in writing of the date on which the inspection will be held. (L.N. 156 of 1963)(2) The machinery book shall always be accessible to a mines officer. 7. Power of mines officers to give directions In case of objection to any instruction or decision given by a mines officer regarding any thing or any practice in connexion with machinery or any part thereof not provided for by any provisions of these regulations, the manager may within 21 days lodge a written appeal with the Superintendent of Mines.(L.N. 156 of 1963) 8. Duty to keep boilers, etc. in good condition and repair All engines, ladders, windlasses, brakes, ropes, winding gear and other mechanical appliances shall be kept in good condition and repair to the satisfaction of a mines officer.(L.N. 156 of 1963) 9. Duty to fence off dangerous machinery. Prohibition against repairing, etc. when risk of personal injury exists (1) All exposed machinery, which when in motion may be dangerous to persons, must be securely fenced off so that no person can inadvertently come into contact with or be injured by reason of the same.(2) Efficient safety guards shall be provided to the satisfaction of a mines officer to such parts of machinery as may in his opinion be a source of possible danger to persons.(3) The repairing, adjusting, cleaning or lubricating of machinery in motion shall not be undertaken where there is a risk of personal injury. 10. Prohibition against use of loose clothing Persons engaged in close proximity to moving machinery shall not be allowed to wear loose outer clothing. 11. Friction clutches (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 or unshipping driving belts whilst the machinery is in motion is forbidden, with the exception of the customary shifting of light belts on the pulleys of machine tools for the purpose of alterations in the working speed. 12. Air compressors (1) The supply of air for air compressors shall be drawn from the purest and coolest source possible.(2) Receivers, inter-coolers and their connexions to air cylinders shall be kept clean and free from carbonized oil or other material liable to ignition and shall be opened for inspection at least once every 3 months in which they may be in use and a written record made of their condition. 13. Safety valves All cylinders and receivers for air and gas of a higher pressure than the atmosphere shall be fitted with satisfactory apparatus for showing the pressure of air or gas within such cylinder or receiver while in use and also with relief or safety valve or other apparatus capable of preventing any undue accumulation of pressure above the maximum permissible working pressure of the container.(L.N. 156 of 1963) 14. Duty to fence off dangerous places. Duty to post notices (1) Dangerous places such as elevated platforms, pits and trap-holes, shall be fenced off so as to safeguard effectively persons in the vicinity.(2) Unauthorized entrances into any place where machinery or steam boilers are erected are prohibited; notice to this effect shall be posted up at all entrances. Part III Electricity 15. Inspection of electrical installations (1) In a mine, the Superintendent of Mines or any authorized mines officer may examine any electrical installation at any reasonable time.(2) If any matter appears to be defective, the Superintendent of Mines shall report thereon to the manager who shall take steps to carry out the necessary repairs within 24 hours of receiving the report. Part IV Explosives 16. Power of Superintendent with regard to blasting It shall be lawful for the Superintendent of Mines to prescribe in writing—(a) the precautions to be taken in respect of the blasting of any stone, earth or other material in a mine; and(b) the hours during which blasts may be fired off therein. 17. Power to sell and buy explosives The manager may sell, and a contractor working in a mine may buy from him, explosives solely for use in connexion with any contract in or about the mine so long as such explosives are not sold for profit and remain under the sole control of the mine management. 18. Prohibition against storing explosives in closed-down mine (1) When a mine is closed down notice shall be given to the Commissioner of any explosives remaining thereon or therein, and such explosives shall be removed or disposed of in such manner as he may direct in writing.(2) No other explosives may be stored at or in any such closed-down mine or other works without the permission in writing of the Commissioner and in accordance with the provisions of the Dangerous Goods Ordinance (Cap. 295).(L.N. 156 of 1963) 19. Prohibition against storing explosives underground in excess of estimated requirements (1) Explosives in excess of the estimated requirements for 24 hours shall not be stored underground in a mine and such explosives shall only be stored in underground storage boxes. In no case shall detonators and capped fuses be stored in the same box with other explosives.(2) The following conditions shall apply to all underground storage—(a) storage boxes shall be kept at a safe distance from working faces in dry and secluded places and at least 2 metres away from each other; (L.N. 87 of 1986)(b) the boxes shall be stoutly built of wood sufficiently waterproof, and shall be kept in good repair and securely locked. The shot-firer shall keep the keys and only unlock them for the purpose of placing or removing explosives;(c) on the cover of the box the word “EXPLOSIVES” shall be painted and maintained in distinctly legible letters;(d) no box shall contain more than 10 kilograms of explosives or 100 detonators or capped fuses; (L.N. 87 of 1986)(e) no other materials, implements or tools shall be placed in a box in which there are explosives. 20. Prohibition against using explosives other than those supplied by employer Shot-firers shall not use at their working places any explosives other than those supplied to them by their employers. 21. Method of carrying and cutting explosives (1) All explosives issuing from a magazine shall be placed, kept and carried in wooden boxes until required for use.(2) Only bone or wooden knives shall be used to cut up sticks of explosives. 22. Mine blasting certificate, and matters ancillary thereto (1) Save as provided in regulation 24, no person unless he is the holder of a mine blasting certificate issued under these regulations shall prepare or fire any charges, charge any hole with explosives or conduct any blasting operations in a mine.(2) Application for a mine blasting certificate shall be, in duplicate, in Form I in the First Schedule and shall be made to the Superintendent of Mines. (L.N. 156 of 1963; L.N. 146 of 1976)(3) Mine blasting certificates may be issued free of charge to persons who are in the employment of Government: Provided that such certificates shall be endorsed “FOR USE ON GOVERNMENT SERVICE ONLY” and shall be valid only whilst the holder remains in the service. (4) (a) Mine blasting certificates in Form II in the First Schedule may be issued by the Superintendent of Mines, on payment of the fee specified in the Third Schedule, to such persons as shall prove to his satisfaction that they are competent to take charge of blasting operations in a mine. (L.N. 156 of 1963; L.N. 146 of 1976)(b) The Superintendent of Mines may require the applicant to be in possession of a copy of these regulations before he issues a certificate.(c) Such a certificate may authorize the holder to conduct blasting operations in accordance with any of the following categories as may be endorsed on the certificate by the Superintendent of Mines—(i) on surface or in opencast workings only;(ii) in addition, in underground operations:Provided that no holder of a mine blasting certificate shall use electricity for shot-firing when blasting unless his certificate has been endorsed by the Superintendent of Mines to permit its use. (L.N. 156 of 1963)(5) (a) Every mine blasting certificate shall be valid for a period of 3 years from the date of issue but may be renewed for a period of 3 years on payment of the fee specified in the Third Schedule. (L.N. 146 of 1976; L.N. 180 of 2020)(b) An applicant for renewal shall if so required by the Superintendent of Mines submit himself for re-examination as to his capabilities to conduct blasting operations and upon being satisfied as to the applicant’s capabilities to conduct the operations the Superintendent of Mines may renew the certificate for a further period of 3 years by endorsing upon it the date and place of renewal and his signature.(c) When a certificate is worn or defaced, the Superintendent of Mines may, on payment of the fee specified in the Third Schedule, issue a fresh certificate marked “RENEWAL” with reference thereon to the worn certificate and shall impound and destroy the worn or defaced certificate. (L.N. 146 of 1976)(6) (a) The holder of a mine blasting certificate may at any time apply to the Superintendent of Mines to vary his certificate.(b) If the Superintendent of Mines is satisfied that the applicant is competent to conduct the blasting operations in respect of which he wishes his certificate varied he shall, on payment of the fee specified in the Third Schedule, endorse the certificate accordingly and sign and date such endorsement. (L.N. 156 of 1963; L.N. 146 of 1976)(7) Save as provided in paragraph (6), no person other than the Superintendent of Mines shall make any endorsement on, alteration of or erasure from any mine blasting certificate issued under these regulations. Any certificate containing any unauthorized endorsement, alteration or erasure shall be invalid.(8) Every person to whom a mine blasting certificate is issued shall, immediately upon receipt, endorse thereon his usual signature in the space provided or, if illiterate, record his thumbprint.(9) No person shall obtain or attempt to obtain the issue of a mine blasting certificate by means of any false or fraudulent representation or statement or wilfully or recklessly give false information as to any of the matters in respect of which information is or may be required in connexion with his application for a mine blasting certificate.(10) A holder of a mine blasting certificate whose certificate has been lost may apply to the Superintendent of Mines for the issue of a new certificate who, if satisfied as to the identity of the applicant and the loss of the certificate, may issue a new certificate, which shall bear the endorsement “DUPLICATE” in replacement thereof, upon payment of the fee specified in the Third Schedule. (L.N. 146 of 1976)(11) A mine blasting certificate issued under these regulations may be suspended or revoked by the order of a mines officer for good and sufficient reasons: Provided that any order shall, at the request of the person aggrieved, be referred to the Superintendent of Mines whose decision shall be final. (12)-(13) (Omitted as expired—E.R. 2 of 2024) 23. Duty of manager to retain certificate Every manager upon engaging a shot-firer shall examine his mine blasting certificate, and shall satisfy himself that the holder is the person whose signature or mark is recorded thereon in accordance with these regulations. The manager shall retain the mine blasting certificate until the determination of the holder’s engagement. 24. Person entitled to blast, and his responsibility (1) The preparation and firing of charges shall be by a shot-firer.(2) In the preparation of charges and the firing of such charges a shot-firer may be assisted by reliable persons, who are not shot-firers, when acting under his direct supervision but he shall be personally responsible for any accident occurring through such person’s ignorance, inexperience, or carelessness and in no case shall any person except a shot-firer actually prepare a detonator or charge any hole.(3) There shall be no simultaneous firing with electric detonators except in the case of shaft sinking, opencast workings or mine workings. 25. Loose ground to be removed before drilling. Working faces to be examined Before beginning drilling operations the gang foreman shall—(a) satisfy himself that all overhanging and loose or loosened debris has been removed from the face and immediate vicinity of the place of operations;(b) see that working faces which are to be drilled are thoroughly scraped and examined for sockets or butts of holes and for charges which may have misfired. 26. Duty of gang foreman to be the first to enter place of operations (1) Before commencing work either at the beginning of a shift or after blasting, the gang foreman in charge of the shift shall be the first to enter the place of operations and, until he considers it safe, he shall not allow any person to enter therein except those required by him to make the place safe. (L.N. 235 of 1996)(2) In shaft sinking the gang foreman in charge accompanied, if necessary, by not more than 2 other persons shall carefully examine the shaft from top to bottom after blasting and shall remove all loose debris which may have settled on the shaft timbers or fittings. 27. Action to be taken when blasting takes place within 10 metres of each other When the distance between approaching workings in either of which blasting is being done is reduced to 10 metres, the workmen shall be withdrawn from both faces whilst blasting operations are taking place at either face.(L.N. 87 of 1986) 28. Resumption of work after blasting No person shall return to any working place until such place is free from the dust, smoke and fumes caused by blasting and every gang foreman in charge of workmen shall be responsible for ensuring that the workmen in his charge comply with this regulation. He shall forthwith report to his immediate superior any case of gassing however slight. 29. Validity of existing certificates (1) Mine blasting certificates in force at the date of coming into operation* of these regulations shall remain valid, unless otherwise cancelled, for a period of 1 year from that date.(2) Any such certificates may be exchanged free of cost for a mine blasting certificate issued under these regulations if surrendered to the Superintendent of Mines within the aforesaid period of 1 year. Editorial Note: * Operation date: 15 October 1954. 30. Prohibition against carbide, and exceptions (1) No person shall carry or cause or permit to be carried any calcium carbide underground except—(a) in lamps of a type approved by the Superintendent of Mines; or(b) in a watertight receptable of a type approved by the Superintendent of Mines.(2) No person shall store or leave calcium carbide underground on coming off a shift. Part V Mining: Opencast and Alluvial 31. Angle of slope The Superintendent of Mines may determine from time to time the angle to be maintained on any mine workings to ensure the safety thereof, and in that event shall give notice in writing to the manager of the angle to be maintained. It shall be the duty of the manager to ensure that the angle is maintained at all times to the satisfaction of the Superintendent of Mines. 32. Duty to station a safety man, and not to deposit spoil near edge In the case of any excavation which exceeds 1.8 metres in vertical height and 1.2 metres in breadth and is made by hand labour and not wholly by hydraulic or mechanical means—(a) there shall be a safety man for every gang exceeding 20 men and he shall be stationed on the top of the bank for the purpose of watching for surface cracks and barring down all loose and overhanging ground; and(b) no spoil shall be deposited within 1 metre of the edge of the top of the vertical or sloped face.(L.N. 87 of 1986) 33. Power of Superintendent to require stepped benches to be cut into mine face When the Superintendent of Mines considers that the face of a mine should be stepped in benches in order to ensure the safety thereof, he shall by notice in writing addressed to the manager require such stepped benches to be cut as he may direct. Part VI Mining: Protection of Surface 34. Duty to protect surface where subsidence or cavities occur Where mining operations have caused subsidence or cavities on the surface, or where they are likely to occur, such places shall be securely fenced in and conspicuous notice boards inscribed “WARNING” shall be erected and maintained thereabouts as long as the danger exists. 35. Power to give directions, and duty to comply with them (1) For the protection of ground and any surface objects which it is necessary to protect in the interests of personal safety or public traffic, and the removal of which may be inexpedient, the veins, beds or other mineral deposits shall be left intact not only vertically below them, but also for such a distance beyond as a mines officer may consider necessary. An appeal shall lie from the direction of the officer to the Superintendent of Mines.(2) Permission for the entire or partial excavation of the ground beneath such surface objects may be obtained from the Superintendent of Mines to the extent and under such precautions and conditions as he may prescribe in each separate case.(3) The driving of tunnels not exceeding 1.8 metres in width through the safety pillars for the purpose of connecting 2 separate mines or parts of a mine may be allowed with the written permission of the Superintendent of Mines and upon due observance of the safety precautions prescribed by him. (L.N. 87 of 1986) 36. Duty to fill in illegal excavations All excavations made contrary to the provisions of regulations 34 and 35 shall be immediately filled up with loose rock debris or earth by the person or persons responsible for such excavations, failing which they shall be filled up by Government at the expense of the licensee or lessee of the mine. 37. Duty in respect of prospecting trenches and pits (1) In digging prospecting trenches the ground shall be thrown out so as to form approximately equal ridges on each side, and in sinking prospecting pits the ground shall be thrown out so as to surround the pit and all necessary precautions shall be taken, either by filling up or fencing them, to prevent persons inadvertently falling into or entering such trenches or pits:Provided that nothing in this regulation shall prevent the removal of excavated ground for sampling purpose.(2) If in the opinion of the Superintendent of Mines disused prospecting or mining excavations are dangerous to life, or likely to endanger public traffic, he may order them to be filled in to the level of the surface or securely fenced in by the prospector, holder or lessee.(3) Any person who contravenes the provisions of paragraphs (1) and (2) hereof shall be guilty of an offence, and Government shall in any event have the right to fill up or otherwise protect such trenches or other excavations at the expense of such person. 38. Duty to protect disused shafts and mining entrances, etc. The mouth of every shaft or entrance to a mine which for the time being is out of use or used only as an air way, and the approach of every open working not being ordinary prospecting pits or trenches, and all elevated and exposed platforms and gangways shall be kept securely fenced or otherwise protected. 39. Responsibility for old excavations Every holder of a prospecting licence, a mining licence or a mining lease over ground on which there are old prospecting or mining excavations either open to the surface or underground, shall be responsible for preventing access thereto or for rendering safe such excavations as are left accessible. Part VII Mining: Underground 40. Prohibition against use of inflammable material, and duty in respect of naked lights (1) No inflammable roofing material such as thatch or wood shall be used as roof covering on shelters erected over mouths of shafts or other deep workings.(2) No inflammable debris or refuse shall be stored, dumped or allowed to accumulate underground in any mine.(3) No naked lights shall be so placed that there is any risk of their igniting any wood, timber or other material underground in a mine. 41. Duty to provide satisfactory ladders and ways of exit (1) The manager shall provide and maintain to the satisfaction of a mines officer such ladders or other ways as will furnish effectual means of exit or ascent of persons from any underground workings without the assistance of winding machinery.(2) Where in any working served by only one shaft it appears to a mines officer that a second outlet has become necessary either for the safety of the workmen employed or for proper ventilation, the manager shall on being required to do so provide such second outlet. 42. Duty to provide ladders in single shaft At every mine where any single shaft is allowed to form the only means of ingress and egress to the persons employed underground, such shaft shall be provided with a proper ladder way and a mines officer may order the provision of a proper ladder way in more than one shaft in any mine. 43. Duty to fence off underground entrance to abandoned workings All underground entrances to shafts or other dangerous places which are temporarily or permanently abandoned shall be securely fenced across the whole width of the entrances so that no person can unintentionally enter them. 44. Ladders Where ladders are used—(a) no ladder shall incline outwards from its base from the face;(b) ladders shall not be vertical without the written consent of a mines officer;(c) in ladder ways exceeding 18 metres in depth and having an inclination of more than 70 degrees from the horizontal, platforms shall be provided at intervals of not more than 9 metres measured vertically; (L.N. 87 of 1986; E.R. 1 of 2021)(d) no 2 consecutive manholes in such platforms shall be in a vertical line unless the ladders have sufficient inclination to cover the manholes;(e) all ladders used in mines shall be strongly constructed and be securely fastened to the timbering or sides of the shaft and maintained in proper repair. Rungs must not be more than 230 millimetres apart and must be inserted or notched into the sides of the ladder as well as fastened by clinched nails or other adequate means; and (L.N. 87 of 1986)(f) the ladders shall project at least 1 metre above the mouth of the shaft and every resting place therein, and strong handrails shall be fixed at such places. (L.N. 87 of 1986) 45. Prohibition against carrying tools, etc. in ladder way No person shall carry or be permitted to carry any drill, tool or any loose material on a ladder way in a vertical or steeply inclined shaft or winze except, so far as may be necessary, in executing repairs or other work. 46. Duty to fence off entrances to shafts and winzes The top of every vertical or steeply inclined shaft, winze, sump and shute or sliding hole and all entrances thereto below the top, shall be kept properly fenced off by means of a barrier or gate, but the temporary removal of the barrier or gate for the purpose of repairs or other operations is permissible if proper precautions to prevent danger to persons are taken. 47. Prohibition against loose material near unprotected edges No excavated material, tools, wood or loose articles of any kind shall be allowed to lie near the unprotected edge of any excavation. 48. Necessity to provide guides for bucket, cage or skip Vertical shafts exceeding 30 metres in depth shall be provided with guides for every bucket, cage or skip.(L.N. 87 of 1986) 49. Provision for workmen passing from one compartment to another At every shaft station where it is necessary for workmen to pass from one side of the shaft to another, provision shall be made for them to do so without entering or crossing a winding compartment. All passages shall be securely fenced. 50. Prohibition against entering winding compartment Except to ascend or descend and for purposes of repairs, entering or crossing a winding compartment of a shaft is prohibited:Provided that this regulation shall not apply to persons employed in timbering or lining vertical shafts whilst sinking operations are being carried out. 51. Sinking shafts (1) In sinking shafts the bucket, cage or skip shall not be filled above the level of the brim.(2) Before the bucket, cage or skip leaves the top or bottom of the shaft it shall be steadied under the supervision of the gang foreman in charge.(3) In no event shall any bucket, cage or skip be directly lowered to the bottom of a shaft when men are working there, but shall be stopped at least 4.5 metres above the bottom until the signal to lower it further has been given by the signalman thereat:Provided that this paragraph shall not apply to shafts in which the miners are not more than 15 metres from the winch or windlass controller. (L.N. 87 of 1986) 52. Duty to provide ladder ways in sinking shafts Ladder ways shall be provided in all shafts in the course of sinking to within such distance of the bottom as will secure them from damage in blasting, and from the ends of such ladder ways chain ladders shall be extended to the bottom of the shaft:Provided that chains may be substituted for chain ladders in an inclined shaft. 53. Protection of persons in sinking shafts (1) When a shaft has no separate ladder way under which those engaged in sinking may find shelter, during the winding of rock materials or water, sufficient protection shall be provided by a suitable covering.(2) When a working shaft is being sunk deeper while ordinary winding is going on the men employed at the bottom of such shaft shall be securely protected by overhead cover. 54. Precautions to be taken in using windlasses, etc. All hoisting appliances in use at shafts and winzes shall be provided with a stopper, pawl or some other reliable holder, and care must be taken that the hooking on and off of buckets or other receptacles is done without danger to the workmen. 55. Necessity to provide signalling apparatus in shafts (1) Every winding shaft which exceeds 15 metres in depth shall be provided with efficient means of interchanging distinct and definitive signals between— (L.N. 87 of 1986)(a) the winding engine;(b) the top of the shaft;(c) the lowest point from which winding is carried on; and(d) the various intermediate stations for the time being in use,but this paragraph shall not apply to signalling apparatus used during sinking operations.(2) A mines officer may in writing exempt any shaft from the whole or part of the requirements of paragraph (1) and any exemption may be varied or revoked by a mines officer at 7 days’ notice. An appeal shall lie from any such variation or revocation to the Superintendent of Mines. (E.R. 1 of 2021)(3) Where more than 1 winding engine is in use at a shaft, a separate set of signals, as required in paragraph (1) shall be provided for each winding engine in use. 56. Exemption in respect of prospecting shafts Prospecting shafts where winding is done by manual or animal power may be exempted by a mines officer from the provisions of regulations 48, 52, 53 and 55. 57. Duty to fence underground entrances All underground entrances to shafts or other dangerous places which are temporarily or permanently abandoned shall be securely fenced across the whole width of the entrances so that no person can unintentionally enter them. 58. Duty to provide protection against falling materials. Duty to report danger (1) Where the underground entrances referred to in regulation 57 or steeply inclined stopes lead directly into a main drive, it and any working situate on its lower or “dip” side, shall be securely fenced off in order to ensure that persons working therein shall not receive injury from falling materials.(2) Any gang foreman who has reason to believe that any part of the hanging wall or any other part of a mine is in a dangerous condition shall inform—(a) his superior forthwith who shall take all necessary steps to remove the danger; and(b) the foreman of any gang which may relieve his gang. 59. Duty to secure unsafe workings, and to keep reserve of timber (1) Where the ground is not naturally safe, every working or pumping shaft, travelling road, airway, working, adit, level, cross-cut, stope and underground passage, shall be securely timbered, walled up, or otherwise made secure, and kept in a safe condition as long as they are in actual use. No person, unless appointed for the purpose of making explorations or repairs, shall travel or work therein until they are properly secured.(2) Where the ground is not naturally safe in any working, there shall, in addition to the requirements in paragraph (1), be a sufficient reserve of suitable timber conveniently placed for the immediate use of the workmen employed therein. 60. Duty to provide safety pillars. Power of Superintendent in respect of pillars (1) On the inside of the boundary lines of every mine there shall be safety pillars of the width, measured at right angles from the boundary lines, of—(a) in stratified deposits, not less than 15 metres; and(b) in non-stratified deposits, not less than 10 metres. (L.N. 87 of 1986)(2) On the joint application of the licensees or lessees of adjoining mines, the Superintendent of Mines may give written permission to either party to weaken, cut through or work their respective pillars between the mines. In the absence of a joint application he may give written permission for the partial working, weakening or cutting through of the pillars. 61. Duty to examine disused workings before reopening Underground workings, in particular shafts, sumps and winzes, which have been in disuse, shall be examined before being again used for the purpose of ascertaining whether foul air or other dangerous gases have accumulated therein. Only such workmen as may be necessary to make the examination shall be allowed to proceed therein until they are fit for use. 62. Ventilation requirement All parts of every underground working shall be properly and sufficiently ventilated to the satisfaction of a mines officer. 63. Duty to take air measurement In every mine the quantity of air in circulation shall be measured, at least once per month, and entered in a book kept for the purpose at the mine. 64. Ventilation doors All ventilation doors shall be self-closing. 65. Percussive drills Unless written exemption has been obtained from the Superintendent of Mines, percussive drills shall have a central water feed. 66. Duty to provide stationary lights Adequate stationary lights shall be provided—(a) during working hours—(i) at all stations in vertical and inclined shafts; and(ii) at all stopping places in levels where winding or hauling is effected by means of machinery; and(b) at night, at all workings on the surface. 67. Duty to light places containing unfenced machinery All places which contain winding, driving, pumping or other machinery in proximity to persons working and moving about and which are not fenced off in such a way as to render it impossible for anyone to come inadvertently in contact with, the machinery shall be so lighted whilst in operation that the moving parts thereof shall be clearly distinguishable. 68. Prohibition against movement without lights No person shall move about in any unilluminated part of a mine without showing a light. 69. Duty to provide manholes (1) Every underground haulage road or tramway on which the haulage is worked by gravity or mechanical power shall be provided with sufficient manholes or places of refuge at intervals of not more than 18 metres:Provided that manholes shall be unnecessary where the gradient does not exceed 1 in 20 and there exists between the trams and one side of the road or between the 2 lines of trams a clear space of at least 600 millimetres. (L.N. 87 of 1986)(2) Every manhole shall be—(a) as near as may be 1 metre in width and not less than 1.2 metres in depth; (L.N. 87 of 1986)(b) not less than the height of the road at that point, or 1.8 metres, whichever is the lesser; (L.N. 87 of 1986)(c) kept whitewashed so as to be readily visible;(d) kept clear and unobstructed.(3) No person shall place in or near a manhole anything which may prevent free access thereto. 70. Duty to keep clear space between rails The space between the tracks of rail in every haulage road or tramway shall at all times be kept clear of obstructions. 71. Prohibition against riding on tubs No persons below ground shall ride on sets or trains of tubs or in any other conveyance except—(a) persons being conveyed with the written permission of the manager to or from their work at the beginning or end of their shift;(b) the driver of an underground locomotive. 72. Duty as regards haulage appliances (1) Every rope used for haulage, which is capped, shall be recapped at intervals of not more than 6 months.(2) Sufficient and suitable wedges, sprags, lockers or drags shall be provided and used for the purpose of holding a tub or set of tubs—(a) at the top of every incline where the haulage is worked by gravity; and(b) at all places where tubs are coupled or uncoupled. 73. Duty to provide runaway switches in certain cases Runaway switches shall be provided on every road—(a) where mechanical haulage, other than endless rope haulage, is used; and(b) where the gradient exceeds 1 in 12. 74. Duty in respect of haulage signals (1) There shall be provided on every haulage road, which exceeds 30 metres in length and where the haulage is worked by gravity or mechanical power, proper means of communicating distinct signals between all places on the haulage and the engine driver. (L.N. 87 of 1986)(2) The manager shall—(a) prescribe the signals to be used at a station; and(b) post up in the engine house and at all signalling stations a list of all signals to be used at any particular haulage. Part VIII Workmen 75. Duty to keep record of employees A sufficient record of all persons employed in or about a mine shall be kept in the office at every mine. 76. Duty to wear miners’ hats of approved pattern 6 months after these regulations come into operation*, all persons working underground shall wear a miner’s hard hat of a pattern approved by a mines officer. Editorial Note: * Operation date: 15 October 1954. 77. Requirements as to first aid equipment The holder of every prospecting licence, mining licence or mining lease shall keep and maintain in the area operating under such licence or lease such stock of fitted first aid boxes, dressings, splints, stretchers and other materials and appliances as the Superintendent of Mines, by writing under his hand, may from time to time require.(L.N. 156 of 1963) 78. Requirement as to persons with first aid certificates (1) Subject to any suspension or reduction granted under paragraph (4), the licensee of every mining licence and the lessee of every mining lease shall, at all times after the expiry of the period provided in paragraph (5) for compliance with this paragraph, ensure that there is in the area operating under his mining licence or mining lease, as the case may be, not less than the following number of persons in possession of certificates of competency to render first aid to the injured, that is to say—(a) where less than 40 persons are employed in the area, such number as the Superintendent of Mines may, by writing under his hand, specify: Provided that in no case shall the Superintendent of Mines specify a number greater than 3; (b) where 40 or more persons but less than 300 are so employed, 3 persons;(c) where 300 or more persons but less than 700 are so employed, 5 persons;(d) where 700 or more are so employed, 8 persons.(2) The licensee or lessee, as the case may be, shall be responsible for the making of all arrangements for persons employed by him to undergo such training as may be required in order to obtain a certificate of competency to render first aid to the injured.(3) The licensee or lessee, as the case may be, shall notify the Superintendent of Mines of the name of each person employed by him in the area operating under his licence or lease who is in possession of a certificate of competency to render first aid to the injured, the date of the granting of such certificate and the body granting the same, and any change in any of the aforesaid particulars.(4) Upon application in that behalf and for good cause shown, the Superintendent of Mines may, by writing under his hand and for such periods not exceeding 3 months at any one time as may be specified therein, either suspend altogether the obligation imposed upon the holder of a mining licence or mining lease by paragraph (1) or reduce the minimum number of persons in possession of certificates of competency to render first aid to the injured that such holder is required under that paragraph to ensure is in the area operating under his mining licence or mining lease.(5) For the purposes of this regulation—(a) a certificate of competency to render first aid to the injured shall be a certificate issued by any body recognized for the purpose by the Superintendent of Mines;(b) in no case shall any certificate of competency to render first aid to the injured be valid for more than 3 years from the date thereof;(c) the period for compliance with paragraph (1) is, in the case of a mining licence or mining lease in force on the date of the commencement* of the Mines (Safety) (Amendment) Regulations 1963 (L.N. 156 of 1963), 12 months from such date, and, in the case of any other mining licence or mining lease, 6 months from the commencement of operations thereunder.(L.N. 156 of 1963) Editorial Note: * Commencement date: 13 December 1963. 79. Prohibition against sleeping in a mine No person shall sleep in a mine. 80. Prohibition against intoxication. Power to arrest inebriates. Limitation in respect of intoxicating liquor (1) No person 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—(a) allowed to enter a mine; or(b) near to any working on the surface; or(c) near to any machinery in motion within any mining property.(2) Any person who has entered a mine or is found in any working or below ground in an unfit state for work owing to intoxication or other like reason may be arrested by the manager or some person duly authorized by him and handed over, without delay, to the nearest police officer or police station.(3) Except with the special permission of the manager, no intoxicating liquor shall be taken by any person into any mine or to any place or work at a mine, and no workman shall otherwise have intoxicating liquor in his possession whilst at work or at a place of work. 81. Prohibition against unauthorized persons Subject to any directions which may be given by any official of the mine—(a) no workman shall, except in so far as may be necessary for the purpose of getting to and from his work, or in case of emergency or other justifiable cause necessarily connected with his employment—(i) go into any part of any mine other than that part in which he works; or(ii) travel to or from his work by any road other than the proper travelling road; and(b) no person other than a mines officer, workman or official of the mine shall enter the mine except with the permission of the manager. 82. Requirement as to underground sanitation (1) There shall be provided underground sufficient and suitable accommodation in the way of sanitary convenience.(2) Wood shall not be used in the construction of underground sanitary conveniences. 83. Prohibition against passing danger signals No person shall, without authority, pass beyond any fence or danger signal, or open any locked door. 84. Prohibition against negligent behaviour (1) No person employed in or about a mine shall negligently or wilfully—(a) do anything which is likely to endanger life in a mine or the safety of a mine; or(b) omit to do anything necessary for the safety of a mine or of the person employed therein.(2) No person shall fight or behave in a violent manner in or about a mine. Part IX Safe Disposal of Waste 85. Duty to fence off, and to warn against injurious solutions Water containing poisonous or injurious chemical solutions used in the treatment of ores or for other purposes shall be effectively fenced off to prevent inadvertently access to it. Notice boards shall be placed in suitable places to warn persons from making use thereof. 86. Maximum cyanide content of sand filling When sand is used for filling worked-out underground areas, the moisture content in such sand and the liquid draining therefrom shall not have a higher cyanide content than 0.005% expressed as cyanide of potassium.(E.R. 1 of 2021) 87. Power as to disposal of slime (1) A mines officer may serve on any manager a written order as to the safe disposal of slime or other waste.(2) The provisions of regulation 103 shall apply to an order made under paragraph (1). Part X Responsibility 88. Duties of responsible persons (1) Unless exempted by the Superintendent of Mines—(a) the person responsible for the work under a prospecting licence, shall dwell in the area to which the licence relates or within 8 kilometres thereof; and(b) the person responsible for the work under a mining licence or a mining lease shall dwell in the area to which the licence or lease relates or within 8 kilometres thereof. (L.N. 87 of 1986)(2) The manager shall be responsible for—(a) all work done under a prospecting licence, a mining licence or a mining lease; and(b) the enforcement of all regulations governing the use, storage and supply of explosives unless he has, in writing, appointed some competent person to be in charge of a specified area. A copy of the written appointment shall be sent to the Superintendent of Mines.(3) The manager may delegate his responsibility in respect of welfare, health and housing conditions to a person approved by the Superintendent of Mines.(4) The holder of a prospecting or mining licence or the lessee of a mining lease or the agent of any of them who is not managing his own prospecting or mining operations shall without delay notify the Superintendent of Mines in writing of the name of the person appointed so to do.(5) Every manager shall have in his possession a copy of the Mining Ordinance (Cap. 285) and of these regulations and of any amendments to either of them. 89. Responsibility for working The working of a mine shall be carried on under the control and responsibility of the manager. 90. General responsibility Where under these regulations responsibility is not specifically fixed on any particular person it shall attach to the manager. 91. Manager’s responsibility in relation to dangerous work The manager shall ensure that incompetent or inexperienced workmen are not employed on dangerous work. 92. Responsibility of manager for safety and discipline The manager shall be responsible for the safety and proper discipline of the men employed above and below ground. He shall appoint such persons as may be necessary to assist him to carry out any of the provisions of these regulations. 93. Duty of manager to comply with orders The manager shall be responsible for ensuring compliance with any order made under section 44(b) of the Ordinance. 94. Sanitation The manager of a mine shall be responsible for sanitary conditions underground. 95. Duty to enforce provisions regarding storage and supplies of explosives, etc. Every manager shall carry out and enforce all the provisions of these regulations and of any other enactment governing the use, storage and supply of explosives. The manager shall also appoint, in writing, to be officials of a mine such persons as are necessary to assist him to carry out the provisions and in order to ensure the thorough supervision of all operations in or about a mine. 96. Duty to ensure adequate supply of materials and appliances (1) Every manager shall ensure that, at all times, a sufficient supply of timber, proper materials and appliances for the purpose of carrying out the provisions of these regulations and ensuring the safety of a mine and the persons employed therein is always provided.(2) Every manager shall specify the manner in which supports are to be set and advanced and the maximum intervals to be observed on roadways between the supports, and at the face—(a) between each row of props;(b) between adjacent props in the same row;(c) between the front row of props and the face;(d) between any holing props or sprags;(e) between chocks. Part XI Plans Necessary for Safety 97.

Duty to keep plans (1) The following plans of the property appertaining to the mine to which they relate, on which both true and magnetic meridian shall be shown, shall be kept and brought up to date at least every 6 months—(a) Surface plan on a scale of 1:5,000, 1:2,000, 1:1,000 or 1:500 at the discretion of a mines officer showing— (L.N. 87 of 1986)(i) the boundaries and registered numbers of prospecting licences, mining licences, and mining leases;(ii) the outcrops and dip of the lode or lodes or other mineral or alluvial deposits;(iii) all open surface workings, shafts openings, boreholes, tailing and other dumps;(iv) buildings, watercourses, reservoirs, roads, railways, permanent tramways, electric power lines, public telegraph and telephone lines, cableways, main pipe lines, fences and all surface objects which require protection against undermining.(b) Underground plan on a scale of 1:500, showing—(i) all mine workings whether abandoned or in use. Portions of the mine which have been worked out shall be shown shaded or hatched;(ii) underground dams;(iii) faults, dykes and important changes in the dip of the lode or mineral bed, and where the average dip of the lode or deposit is less than 45 degrees than the horizontal projection shall also be shown on the plan, and if the average dip is 45 degrees or more the vertical projection as well shall be included. (E.R. 1 of 2021)(c) Ventilation plan indicating the intake airways by blue arrows and the return airways by red arrows, on a scale of 1:2,000, showing the system of ventilation in the mine, in particular the general direction of the air currents, the points where the quantity of air is measured and all devices for the regulation and distribution of the air. All ventilation doors, toppings, air crossings, fire dams or seals, and regulators and all telephones and ambulance stations shall be shown in accordance with the symbols approved by the Superintendent of Mines. (L.N. 87 of 1986)(d) If required by the Superintendent of Mines, an electrical installation plan showing on a scale of 1:2,000 the position of all fixed electrical appliances in the mine other than telephones and haulage signalling apparatus. The system of cables for distribution of current is not required to be shown unless so ordered. (L.N. 87 of 1986)(2) Where, prior to the coming into operation* of these regulations, plans of mines, as required by paragraph (1) were kept on different scales to those stipulated therein, the mines in question may continue to use the scales for parts of the mine as may be approved, if a mines officer is satisfied that they are satisfactory for all working requirements. Editorial Note: * Operation date: 15 October 1954. 98. Duty to deposit copies with the Mines Division, Civil Engineering and Development Department Two copies of the underground plan as required by regulation 97(1) duly certified as correct by the manager of a mine shall be deposited at the office of the Mines Division, Civil Engineering and Development Department and shall be brought up to date at the end of each year.(L.N. 214 of 1977; L.N. 42 of 1991; L.N. 364 of 1991; L.N. 104 of 2004) 99. Power of Superintendent to require transverse sections of shafts The Superintendent of Mines may require that transverse sections of the principal shafts in use in a mine shall be made. 100. Power of Superintendent in respect of plans (1) If in respect of any mine the plans required by regulation 97 are not made, or are not kept as required, the Superintendent of Mines may have such plans or necessary additions thereto made at the expense of the manager.(2) If copies of the underground plan are not deposited as required by regulation 98 or if copies sent are not made according to the regulations, the Superintendent of Mines may have copies or any necessary additions thereto made at the expense of the manager. 101. Duty not to make plans public Copies of the plans referred to in regulations 97 to 100 or any information concerning them shall not be given by any public servant to any unauthorized person; nor shall they be inspected by any unauthorized person without the written permission of the manager: Provided that nothing in this regulation shall prevent officers of the Mines Division, Civil Engineering and Development Department showing or supplying to the public maps showing boundaries of titles and topography. (L.N. 214 of 1977; L.N. 42 of 1991; L.N. 364 of 1991; L.N. 104 of 2004) 102. Duty regarding abandonment of mine Before a mine or any part of a mine is abandoned or closed down or rendered inaccessible, all underground plans shall be brought up to date, and copies thereof shall be deposited at the office of the Mines Division, Civil Engineering and Development Department.(L.N. 214 of 1977; L.N. 42 of 1991; L.N. 364 of 1991; L.N. 104 of 2004) Part XII General 103. Obligation to remedy any dangerous practice (1) Where in exercise of the powers conferred by section 44 of the Ordinance, a mines officer considers any mine or any matter, thing or practice in or connected with a mine to be dangerous or defective so as, in his opinion, to threaten or tend to the bodily injury of any person, he may give notice in writing thereof to the manager with a copy to the holder of the licence or lessee or his agent and shall state in such notice the particulars in which he considers such mine, matter, thing or practice to be dangerous or defective, and shall require the same to be remedied, either forthwith or within such time as he may specify, and may order work to be suspended until the danger is removed to his satisfaction.(2) On receipt of the notice issued under paragraph (1), the manager shall comply therewith, or, if he intends to object thereto, he shall cease to use the said mine, or part thereof or thing or practice, as to which notice has been given, and shall forthwith withdraw all men from the danger indicated in such notice until such time as the matter is determined by the Superintendent of Mines:Provided that if, in the opinion of the officer who made the order, there is no immediate danger, he may allow work to proceed during such period, under such restrictions and upon such conditions as he may specify in writing in order to ensure the safety of the workmen.(3) (a) When the manager is aggrieved by the provisions of any notice given under paragraphs (1) and (2), he may within 7 days after the receipt thereof, state his objection in writing to the Superintendent of Mines and thereupon the matter shall be determined by the Superintendent of Mines or by such officer as he may appoint on that behalf.(b) The Superintendent of Mines, or such officer, when considering the objection may take cognizance of any reports bearing on the mine, thing or practice considered dangerous or defective and the degree of skill of those to be employed in the mine.(4) Any manager aggrieved by a decision made under the provisions of paragraph (3) may, within 15 days of the notification to him of that decision, appeal to the Commissioner. 104. Dangerous occurrences For the purposes of Part VIII of the Ordinance, a dangerous occurrence means any occurrence specified in the Second Schedule.(L.N. 156 of 1963) 105. Offences and penalties Any person who contravenes the provisions of regulation 3, 4, 5, 8 to 14, 15(2), 17 to 21, 22(1), 22(7), 22(8), 22(9), 23 to 28, 30, 31, 32, 34, 35(1), 36 , 37(1) or (2), 38 to 54, 55(1) or (3), 57, 58, 59, 60(1), 61 to 79, 80(1) or (3), 81 to 86, 88(1), 91, 93, 96, 97(1), 98, 102, or 103(2) shall be guilty of an offence and liable to a fine at level 1 and to imprisonment for 6 months.(E.R. 1 of 2021) First Schedule [reg. 22]Hong KongForm IMines (Safety) RegulationsApplication for a Mine Blasting Certificate (This form to be submitted to the Superintendent of Mines. In the case of a Government employee the fee is waived under regulation 22(3).) (1) Full name of applicant (2) Address (3) Year of birth (4) Nationality (5) Identity Card No. (6) (a) Have you previously made application in Hong Kong for the issue of a blasting certificate under the Buildings Ordinance, Chapter 123, or a Mine Blasting Certificate under these regulations? If so, when? (b) If the application was granted state the number, year and reason for now acquiring another (7) Have you ever held a blasting certificate or a Mine Blasting Certificate which has at any time been suspended or revoked? If so, give particulars (8) Are you in possession of detonator crimpers? (9) For which of the following do you require a Mine Blasting Certificate to be issued— (a) For surface or opencast workings (b) Mining operations underground (10) Are you going to use electrical shot-firing when blasting? I hereby certify that this is a true statement of the particulars herein set forth. Date 19 Signature (L.N. 146 of 1976; E.R. 1 of 2021) _ Hong Kong Form II Mines (Safety) Regulations Mine Blasting Certificate Original to grantee.Duplicate to Superintendent of Mines. This is to certify that— (1) Name (2) Address (3) Age (4) Nationality (5) Identity Card No. is qualified to use explosives for blasting in prospecting or mining operations— (a) Surface and opencast workings. (b) Mining operations underground. (c) Qualified to use electrical shot-firing equipment. (The issuing officer must cross out the words not required.) Issued this day of 19 . Photograph Signature (Signature of holder) Superintendent of Mines (L.N. 15 of 1971; L.N. 79 of 1997; E.R. 1 of 2021) Second Schedule [reg. 104]Dangerous Occurrences (1) Collapse of working (2) Collapse of buildings (3) Failure or defect of any appliance used for hoisting purposes (4) Any damage to tunnel, shaft or winze timbering, or other form of support, tending materially to increase the hazards of mining (5) All cases of fire above or below ground (6) All cases of ignition of gas or dust below ground, or of the existence of gas below ground (7) All cases of inrush of water, causing flooding (8) Electrical short circuits or failure of machinery, plant or apparatus, involving stoppage or disuse (9) Explosion of a receiver or container used for the storage at a pressure greater than atmospheric pressure of any gas or gases (including air) or any liquid or solid resulting from compression of gases (10) Any premature or unexpected explosion or ignition of explosives (11) Any case of asphyxiation affecting a partial or total loss of physical control (12) Bursting of a revolving vessel, wheel, grindstone or grinding wheel moved by mechanical power (L.N. 156 of 1963; E.R. 1 of 2021) Third Schedule [reg. 22]Fees in respect of Mine Blasting Certificates Fee $ 1. Issue of mine blasting certificate under regulation 22(4)(a) 5,460 2. Renewal of mine blasting certificate under regulation 22(5)(a) 2,650 3. Replacement of worn or defaced mine blasting certificate under regulation 22(5)(c) 215 4. Endorsement of mine blasting certificate under regulation 22(6)(b) 2,750 5. Replacement of lost mine blasting certificate under regulation 22(10) 215 (L.N. 346 of 1992; L.N. 67 of 1994; L.N. 62 of 1995; L.N. 272 of 1996; L.N. 477 of 1997; L.N. 123 of 2014; L.N. 209 of 2015; L.N. 159 of 2016; L.N. 16 of 2018; L.N. 217 of 2018)