Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698750841197.pdf (New Zealand)
Reprint as at 8 October 1999 Health and Safety in Employment (Mining—Underground) Regulations 1999 (SR 1999/331) Michael Hardie Boys, Governor-General Order in Council At Wellington this 4th day of October 1999 Present: The Right Hon Wyatt Creech presiding in Council Pursuant to section 21 of the Health and Safety in Employment Act 1992, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following regulations.
Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Department of Labour.
1 Health and Safety in Employment (Mining—Underground) Regulations 1999 Reprinted as at 8 October 1999 Contents Title and commencement Interpretation Meaning of fresh air Meaning of mine Meaning of tunnel Employers and employees in relation to operations Relationship between Act and regulations Part 1 Duties in relation to all mines and tunnels Inspector to be notified of commencement, recommencement, installation, or cessation Register of accidents and serious harm Accident notification Plans of mines and tunnels Plans of abandoned mines and tunnels Details to be included in plans Operations record in relation to mines and tunnels Record of employees underground Examinations of mines and tunnels Visits to solitary employees Main airways to be separated Barometer, hygrometer, and thermometer Testing for flammable gas Withdrawal of employees when high level of flammable gas present Self-rescue units Outlets for workings Equipment for raising and lowering employees Holes to be kept in advance of working places Holing into old workings Protection against inundation Air quality and temperature Measurement of air from fans Ventilation fans Auxiliary fans Withdrawal of employees if mechanical ventilation device fails Equipment not to be taken into mine or tunnel Handling explosives and detonators Page Reprinted as at 8 October 1999 Health and Safety in Employment (Mining—Underground) Regulations 1999 Part 2 Duties in relation to coal mines and gassy mines Coal mines and gassy mines 35 36 37 38 39 Sparks or naked flames Prevention of ignition or combustion Reading of barometer, hygrometer, and thermometer Testing for flammable gas Monitoring of mining and tunnel boring machines 40 Ventilation Gassy mines only Part 3 Duties in relation to use of electricity in operations All operations Electrical systems Earthing and other
 precautions Conductors Connections Means of protection from excess current Electrical equipment Making electrical equipment safe Work activities Precautions for work on equipment already dead Protective equipment Work on or near bare live conductor Switchgear for cutting off electricity Oil-filled electrical equipment Fire protection Gassy mines only Restriction on electrical equipment used in restricted zones Restrictions on certain electrical equipment Electrical equipment used occasionally Disconnection of electricity Remote control and electric interlock circuits 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Offences Part 4 Offences 23 23 24 24 24 24 25 25 26 26 26 26 27 27 27 28 28 28 28 29 29 30 30 31 31 32 3 r 1 1 (1) (2) 2 Health and Safety in Employment (Mining—Underground) Regulations 1999 Reprinted as at 8 October 1999 Regulations Title and commencement These regulations may be cited as the Health and Safety in Employment (Mining—Underground) Regulations 1999.
These regulations come into force on the 28th day after the date of their notification in the Gazette.
Interpretation In these regulations, unless the context otherwise requires,— Act means the Health and Safety in Employment Act 1992 acting manager means the employee designated for the purpose referred to in the Health and Safety in Employment (Mining Administration) Regulations 1996 cable means— (a) 1 length of single insulated conductor that may or may not have an overall protective covering; or 2 or more lengths of single insulated conductor that are laid up together and may or may not have an overall protective covering (b) coal— (a) means anthracite, bituminous coal, lignite, oil shale, (b) peat, and sub-bituminous coal; and includes every other substance worked or normally worked with coal coal mine— (a) means a place where a person works below ground for the purpose of— (i) (ii) extracting coal from the earth; or processing coal extracted from the earth at that place; and (b) includes a place in which coal so extracted or processed is washed, crushed, or screened competent person means any person who has— (a) the relevant knowledge, experience, and skill to carry out a task required or permitted by these regulations to be carried out by a competent person; and either— (b) 4 Reprinted as at 8 October 1999 Health and Safety in Employment (Mining—Underground) Regulations 1999 r 2 (i) (ii) a relevant qualification evidencing the person’s possession of that knowledge, experience, and skill; or if the person is an employee, a certificate issued by the person’s employer evidencing the person’s possession of that knowledge, experience, and skill conductor— (a) means material used or placed in position for the con- veyance of electricity; but does not include the wire of an electric fence (b) electrical equipment includes anything used, designed to be used, or installed for use, to conduct, control, convert, dis- tribute, generate, measure, provide, rectify, store, transform, or transmit electrical energy electrical system— (a) means an electrical system in which all the electrical equipment is, or is capable of
 being, electrically con- nected to a common source of electrical energy; and includes the source and the equipment (b) employee has the meaning given to it by regulation 6(2) employer has the meaning given to it by regulation 6(1) explosive,— (a) until the commencement of section 150(1) of the Haz- ardous Substances and New Organisms Act 1996 in re- lation to the Explosives Act 1957, has the same meaning as it has in the Explosives Act 1957; and on the commencement of section 150(1) of the Hazardous Substances and New Organisms Act 1996 in relation to the Explosives Act 1957, has the same meaning as it has in the Hazardous Substances and New Organisms Act 1996 (b) free from flammable gas means that the percentage by vol- ume of flammable gas in the general body of the air at the place of measurement does not exceed 0.25% fresh air has the meaning given to it by regulation 3 gassy mine means— a coal mine; or (a) 5 r 2 Health and Safety in Employment (Mining—Underground) Regulations 1999 Reprinted as at 8 October 1999 a metalliferous mine; or a tunnel— (b) (c) in which tests on 3 successive days indicate the presence of flammable gas in an— area; or (d) district; or (e) (f) main airway on the return side or exhaust side geothermal fluid means any of the following that has been heated within the earth by natural phenomena to a temperature of 70°C or more: (a) steam: (b) water: (c) (d) water vapour: a mixture of all or any of them (and the mixture may include gases) the Health and Safety in Employment manager means the person appointed for under Administration) Regulations 1996 metalliferous mine— (a) means a place where a person works below ground for the purpose (Mining (b) (c) the purpose of— (i) (ii) extracting a mineral from the earth; or processing a mineral extracted from the earth at that place; and (ii) includes a place where a person works below ground for the purpose of— (i) extracting a material, other than coal or a mineral, from the earth; or processing
 material, other than coal or a mineral, extracted from the earth at that place; and includes a place in which a mineral or material extracted or processed as described in paragraph (a) or paragraph (b) is— (i) (ii) crushed or screened; or extracted from any other mineral or material ex- tracted or processed as described in paragraph (a) or paragraph (b) mine has the meaning given to it by regulation 4 6 Reprinted as at 8 October 1999 Health and Safety in Employment (Mining—Underground) Regulations 1999 r 2 mineral— (a) means a mineral, mineral substance, metal, or precious (b) stone; but does not include clay, coal, gravel, limestone, sand, or stone mobile electrical plant means— (a) self-propelled plant that is capable of moving while en- ergised by a trailing cable; and portable plant that is capable of being moved while en- ergised by a trailing cable operation— (a) means an operation in which a mine is worked or a tun- (b) (b) (c) (d) (e) nel is made; and includes buildings, machinery, or works— (i) at a place where a mine is worked or a tunnel is made; and used for the purposes of the working of the mine or the making of the tunnel; and (ii) includes, in relation to an operation in which a mine is worked,— (i) an activity carried out in relation to the working of the mine; and an activity required to open or close the workings in the mine; and (ii) (ii) includes, in relation to an operation in which a tunnel is made,— (i) an activity carried out in relation to the making of the tunnel; and an activity required to open or close the works relating to the making of the tunnel; but does not include an operation in which any of the fol- lowing occurs: (i) exploration, mining, or prospecting for geother- mal fluids or minerals associated with geother- mal fluids; or exploration, mining, or prospecting for petrol- eum; or (ii) 7 r 2 Health and Safety in Employment (Mining—Underground) Regulations 1999 Reprinted as at 8 October 1999 (iii) an activity on a pipeline
 used for transporting a geothermal fluid, mineral, or petroleum outside the boundary of the operation petroleum— (a) means— (i) (ii) (iii) a naturally occurring hydrocarbon (other than coal), whether in a gaseous, liquid, or solid state; or a naturally occurring mixture of hydrocarbons (other than coal), whether in a gaseous, liquid, or solid state; or a naturally occurring mixture of 1 or more hydro- carbons (other than coal), whether in a gaseous, liquid, or solid state, and 1 or more of carbon dioxide, helium, hydrogen sulphide, mercaptan, or nitrogen; and (b) includes petroleum, as defined in paragraph (a), that has been— (i) mined or otherwise recovered from its natural condition; or (ii) mined or otherwise recovered from its natural condition and then returned to a natural reservoir for storage purposes in the same or an adjacent area ppm means parts per million restricted zone means— (a) the most inbye completed line of crosscuts; or a longwall or shortwall face; or all parts of a ventilation district in a gassy mine that are on the intake side and within 100 metres of— (i) (ii) a part of a gassy mine in which flammable gas, whether or not normally present, is likely to occur in such a quan- tity as to be 2% by volume or more in the general body of air in the gassy mine; or a part of a gassy mine in which electrical equipment is located and that has not been shown to be free from flammable gas; or all of the return side of a gassy mine (b) (c) (d) 8 Reprinted as at 8 October 1999 Health and Safety in Employment (Mining—Underground) Regulations 1999 r 3 shaft means an opening in a mine having an inclination above the horizontal of 15° or more— (a) through which employees or materials are transported; or that is used as a main intake or outlet for ventilation (b) site office means a place at an operation for the time being designated by the manager or acting manager as the site office for that operation switchgear means fittings for— (a) (b) controlling the
 distribution of electricity; or controlling or protecting electrical circuits and elec- trical equipment trailing cable means a cable that is used or placed in position for the conveyance of electricity from an electrical system to mobile electrical plant tunnel has the meaning given to it by regulation 5 work activity includes— (a) the maintenance, operation, and use of an electrical sys- tem; and (b) work carried out near an electrical system.
Meaning of fresh air 3 (1) A reference in these regulations to fresh air means that the air— (a) (b) (c) (d) (e) contains not less than 19% by volume of oxygen; and contains not more than 1 ppm of aldehydes (as formaldehyde); and shows a concentration of respirable quartz dust of not more than 0.2 milligrams per cubic metre on a long-term exposure; and shows a concentration of respirable coal dust of not more than 3 milligrams per cubic metre on a long-term exposure; and contains the following gases at the lowest practicable level and at no more than the following levels: 9 r 4 Health and Safety in Employment (Mining—Underground) Regulations 1999 Reprinted as at 8 October 1999 Time-weighted average exposure (ppm) Short-term exposure limit (ppm) 5 000 30 000 25 10 3 2 – 15 5 5 Carbon dioxide Carbon monoxide Hydrogen sulphide Oxides of nitrogen Sulphur dioxide (2) In subclause (1),— time-weighted average exposure is calculated as follows: Total exposure in day (concentration × time) 8 hours short-term exposure limit means the average exposure mea- sured over any 15-minute period in the working day.
4 Meaning of mine In these regulations, mine means— (a) (b) a coal mine; or a metalliferous mine.
5 (1) Meaning of tunnel In these regulations, tunnel— (a) means a place where a person works,— (i) with ground cover overhead, for the purpose of making an excavation intended to be greater than 15 metres long; or (ii) with or without ground cover overhead, for the purpose of making a shaft intended to be greater than 4.5 metres deep; and includes activities, buildings, headworks, or plant asso- ciated with the development or completion of the exca- vation or shaft.
(b) In these regulations, tunnel does not include a tunnel, as de- fined in subclause (1),— within a coal mine; or (a) (b) within a metalliferous mine; or (c) made in the course of— (2) 10 Reprinted as at 8 October 1999 Health and Safety in Employment (Mining—Underground) Regulations 1999 r 7 6 (1) (2) (i) (ii) the building of a bridge or the approaches to a bridge; or the preparation of a foundation for a building.
Employers and employees in relation to operations In these regulations, employer includes— (a) (b) a person who controls a place of work; and a principal who controls the place of work at which a contractor or subcontractor works.
In these regulations, employee,— (a) in relation to a person who controls a place of work, means a person lawfully at work in the place; and in relation to a principal, means an employee of a con- tractor or subcontractor or, if a contractor or subcon- tractor is an individual, the contractor or subcontractor, being an employee, contractor, or subcontractor doing work (other than residential work) that the contractor was engaged to do; and in relation to an operation, means an employee of the operation.
(b) (c) (3) A duty imposed on an employer by these regulations is im- posed in relation to every operation under the control of that employer.

(4) A duty imposed on an employee by these regulations is im- posed in relation to the operation at which the employee is employed.
7 Relationship between Act and regulations A person on whom a duty is imposed by these regulations in relation to a particular set of circumstances must, on the occur- rence of those circumstances, comply with that duty, despite the fact that the Act may impose the same, a similar, or an additional duty on that person in relation to that set of circum- stances.
11 Part 1 r 8 Health and Safety in Employment (Mining—Underground) Regulations 1999 Reprinted as at 8 October 1999 Part 1 Duties in relation to all mines and tunnels Inspector to be notified of commencement, recommencement, installation, or cessation Every employer must take all practicable steps to ensure that— an inspector is notified of the matters specified in sub- (a) clauses (2) to (5) at the times specified in those sub- clauses; and every notification includes details as to— the location of the operation: (i) the nature of the operation: (ii) the proposed date of commencement, recom- (iii) mencement, installation, or cessation: the name of the manager and acting manager of the operation: addresses and numbers to be used to communi- cate with the operation.
(iv) (v) (b) The first matter is the proposed date of commencement of the operation.

In the case of an operation that operates intermit- tently, the notification must be given not less than 24 hours be- fore the proposed date of commencement.

In any other case, the notification must be given not less than 14 days before the proposed date of commencement.

The second matter is the proposed date of recommencement of an operation that has not operated within the 3 months imme- diately before that date.
The notification must be given not less than 14 days before the proposed date of recommencement.

The third matter is the proposed date of installation, in a mine or tunnel, of— (a) (b) The notification must be given not less than 14 days before the proposed date of installation.

The fourth matter is the proposed date of cessation of an oper- ation.
In the case of an operation that has been conducted for fewer than 3 months, the notification must be given not less than 24 hours before the proposed date of cessation.

In any a shaft; or a winding system.

8 (1) (2) (3) (4) (5) 12 Reprinted as at 8 October 1999 Health and Safety in Employment (Mining—Underground) Regulations 1999 Part 1 r 11 9 10 11 (1) (2) other case, the notification must be given not less than 14 days before the proposed date of cessation.
Register of accidents and serious harm Every employer must take all practicable steps to ensure that a copy of the register referred to in section 25(1) of the Act is provided to an inspector at intervals of not more than 6 months.
Accident notification For the purposes of section 25(2)(b) of the Act, every accident must be notified to the Secretary if it occurs at an operation and involves— (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) any explosion or ignition of coal dust or gas: any fire or spontaneous heating: any unplanned outburst of gas or water: any unplanned contact with harmful chemicals: winding plant, including a case of over-winding: the loss of control of a vehicle: the trapping of an employee: any structural failure: any unplanned fall of ground: any major collapse of any part of the mine workings: any uncontrolled accumulation of flammable or noxious gas: any failure of a main ventilation fan for more than 30 minutes: a case of electric shock requiring medical treatment.
(l) (m) Plans of mines and tunnels Every employer must take all practicable steps to ensure that a plan is made of every operation.
The plan must— (a) (b) (c) be prepared to a suitable scale; and be kept at the site office; and be available for inspection at all times at which an em- ployee is present at the operation; and be updated at least once in every period of 6 months; and be copied to an inspector— (d) (e) 13 Part 1 r 12 Health and Safety in Employment (Mining—Underground) Regulations 1999 Reprinted as at 8 October 1999 (f) (ii) include details of— (i) (i) as soon as practicable after the date of comple- tion; and at intervals of 12 months after that date; and the route and voltage of all cables (excluding trailing cables); and the position of all major switchgear.
(ii) Plans of abandoned mines and tunnels Every employer must take all practicable steps to ensure that, immediately following the abandonment of a mine or tunnel, a plan is made of the operation.

The plan must be— (a) (b) (c) prepared to a suitable scale; and correct as at the date of abandonment; and copied to an inspector.
Details to be included in plans Every employer must take all practicable steps to ensure that the plans prepared under regulations 11 and 12 include such details as exist of— (a) (b) (c) every restricted zone: tenure boundaries: the angle of inclination, datum level at the collar, depth, and location of every borehole or shaft in which there may be cables or any other such services: the direction, extent, and location of every known bar- rier, fault, intrusive dyke, old workings, washout, or water accumulation: the floor levels and location of every traverse station: the angle of dip, direction, nature, and thickness of every coal seam: the cross and longitudinal sections of every level and lode: the horizontal and vertical sections of the ventilation system, including details of— (i) (ii) the direction of air flow; and the locations where the measurements required by regulation 29 must be made; and (d) (e) (f) (g) (h) 12 (1) (2) 13 14 Reprinted as at 8 October 1999 Health and Safety in Employment (Mining—Underground) Regulations 1999 Part 1 r 15 (iii) (iv) the location and description of every device used to regulate or distribute air; and the location of emergency escape ways, first-aid stations, refuge bays, and rescue facilities: the separation distances between shafts: the location of every stationary device that gives access to the general communication system: an indication of every location at which it is proposed to develop the operation within the next 12 months.
(i) (j) (k) 14 15 Operations record in relation to mines and tunnels Every employer must take all practicable steps to ensure that a record, entitled an operations record,— is kept at the site office; and (a) is available for inspection by an employee at any time (b) at which an employee is present at the operation; and records— (i) (c) the date, time, and findings of every examination required by regulation 16, and any action taken as a result of the examination; and the measurements required by regulation 29; and the readings required by regulation 37; and the details of every misfired shot; and the measurements required by regulation 40(f), and the number of employees in each split at the time the measurements are taken; and the measurements required by regulation 40(g); and the time, duration, and location of every discon- nection occurring under regulation 58(a).
(ii) (iii) (iv) (v) (vi) (vii) Record of employees underground Every employer must take all practicable steps to ensure that— no employee is allowed to enter a mine or tunnel with- (a) out the permission of the manager or acting manager; and an accurate record is made of every employee’s entry into, and exit from, a mine or tunnel; and the record, or a copy of it, is kept at the entry point.
(b) (c) 15 Part 1 r 16 Health and Safety in Employment (Mining—Underground) Regulations 1999 Reprinted as at 8 October 1999 16 Examinations of mines and tunnels Every employer must take all practicable steps to ensure that a competent person— (a) examines,— (i) before the start of each working shift and at suit- able times during each working shift, every area of the mine or tunnel where an employee is or will be present; and at least weekly, every accessible area of the mine or tunnel, including every area containing barri- ers, machinery, seals, underground or surface in- frastructure, and ventilation stoppings; and at least weekly, every vehicle in the mine or tun- nel; and (ii) (iii) (b) (c) takes all practicable steps to eliminate, isolate, or mini- mise any significant hazard identified during the exam- ination; and ensures that every vehicle examined either is safe or is made safe.
17 Visits to solitary employees Every employer must take all practicable steps to ensure that a competent person visits or contacts an employee required to be alone in a mine or tunnel at least twice during each working shift.

18 Main airways to be separated Every employer must take all practicable steps to ensure that the main airways of a mine or tunnel are separated sufficiently to ensure— (a) (b) stability; and ventilation to the standards required by regulation 28(a) and (b).
Barometer, hygrometer, and thermometer Every employer must take all practicable steps to ensure that— a barometer and thermometer are placed above ground (a) in a conspicuous position near the entrance to every mine or tunnel; and 19 16 Reprinted as at 8 October 1999 Health and Safety in Employment (Mining—Underground) Regulations 1999 Part 1 r 21 (b) a hygrometer is available for use both in the main intake airway and in the main return airway of every mine or tunnel.
20 (1) (2) Testing for flammable gas Every employer must take all practicable steps to ensure that testing for the presence of flammable gas in a mine or tunnel is carried out— (a) (b) with a suitable device.
Every employer must take all practicable steps to ensure that,— (a) as often as practicable; and if locked flame safety lamps are used to test for the pres- ence of flammable gas in a mine or tunnel, there are in place suitable procedures dealing with— their safe use for that purpose; and (i) (ii) their examination and maintenance: if electronic detection devices are used to test for the presence of flammable gas in a mine or tunnel, there are in place suitable procedures dealing with— their safe use for that purpose; and (i) their examination and maintenance; and (ii) their regular calibration.
(iii) (b) 21 Withdrawal of employees when high level of flammable (1) gas present This regulation applies when— (a) the employee for the time being in charge of the whole of a mine or tunnel has reason to believe that flammable gas in the general body of air in the mine or tunnel is 2% by volume or more; or the employee for the time being in charge of a part of a mine or tunnel has reason to believe that flammable gas in the general body of air in that part of the mine or tunnel is 2% by volume or more.
(b) (2) Every employer must take all practicable steps to ensure that— every employee in the mine or tunnel or, as the case (a) requires, the part of the mine or tunnel, withdraws from it; and 17 Part 1 r 22 Health and Safety in Employment (Mining—Underground) Regulations 1999 Reprinted as at 8 October 1999 (b) (c) the only persons who enter the mine or tunnel or, as the case requires, the part of the mine or tunnel, are— (i) a competent person who must enter to test for the presence of flammable gas; or an employee who must enter to inquire into the cause of the presence of the flammable gas or to remove the flammable gas; and (ii) no other employee enters the mine or tunnel or, as the case requires, the part of the mine or tunnel, until a com- petent person reports to the manager or acting manager that it is safe.
Self-rescue units Every employer must take all practicable steps to ensure that— suitable self-rescue units are provided and maintained (a) in good order and condition in every mine and tunnel; and every employee who enters a mine or tunnel has a self- rescue unit immediately available for use at all times while underground; and every employee who enters a mine or tunnel has re- ceived sufficient training in the use of the self-rescue unit provided.
(b) (c) Outlets for workings Every employer must take all practicable steps to ensure that— every mine or tunnel has suitable and sufficient outlets (a) providing means of entry and exit for every employee in the mine or tunnel; and the suitability and sufficiency of the outlets are deter- mined having regard to the factors in subclause (2).
(b) The factors are— (a) (b) the size of the mine or tunnel; and the maximum number of employees likely to be in the mine or tunnel at any one time; and the need to have at least 2 outlets that are separate from each other but that interconnect; and the need to have at least— (c) (d) 22 23 (1) (2) 18 Reprinted as at 8 October 1999 Health and Safety in Employment (Mining—Underground) Regulations 1999 Part 1 r 26 24 25 (1) (2) (3) (i) (ii) 1 outlet that can be traversed on foot for the pur- pose of entry and exit; and 1 other outlet that has a mechanical means of entry and exit.
Equipment for raising and lowering employees Every employer must take all practicable steps to ensure, in re- lation to every outlet required by regulation 23(1), that equip- ment for raising or lowering employees to or from the surface is— (a) (b) suitable for the purpose; and ready for immediate use.
Holes to be kept in advance of working places Every employer must take all practicable steps to ensure that drill holes of sufficient length to indicate a dangerous proxim- ity are kept in advance of a working in a mine or tunnel that is approaching— (a) (b) old workings; or a place containing or likely to contain an accumulation of flammable or noxious gases, or an accumulation of water or mud.
Subclause (3) applies when it is likely that a working in a mine or tunnel will break through into a place containing or likely to contain an accumulation of water or material that flows when wet.
Every employer must take all practicable steps to ensure that the following precautions are observed until conditions in the place are ascertained: (a) the width of the working is reduced as far as possible; and a borehole at least 6 metres long is kept constantly ex- tended near the centre of the working face; and flank boreholes are maintained on each side at intervals of not less than 4.5 metres.
(b) (c) 26 Holing into old workings Every employee who holes into old workings in a mine or tunnel must take all practicable steps to ensure that— 19 Part 1 r 27 Health and Safety in Employment (Mining—Underground) Regulations 1999 Reprinted as at 8 October 1999 27 28 (a) (b) first, the hole is stopped up immediately; and second, the manager or acting manager is notified.
Protection against inundation Every employer must take all practicable steps to ensure that, if the workings in a mine or tunnel are liable to an inundation or an inburst of water or material that flows when wet, such additional chambers, drives, shafts, or other workings are pro- vided as are necessary to ensure that employees in the mine or tunnel can escape safely.
Air quality and temperature Every employer must take all practicable steps to ensure, in relation to every mine or tunnel, that— (a) there is fresh air in every place in which an employee is present or through which an employee passes; and the humidity of the air is maintained at such a level as to minimise the likelihood of heat stress; and (b) (c) measurements to ensure compliance with this regula- tion are made at suitable intervals, and at suitable loca- tions, using methods and measuring devices capable of giving accurate results; and there is no recirculation of air.
(d) 29 Measurement of air from fans Every employer must take all practicable steps to ensure that, at least once in every week, a competent person— (a) measures, at the locations referred to in the plan of the operation required under regulation 13(h)(ii), the quan- tity of air being delivered and exhausted by main and auxiliary fans in the mine or tunnel; and determines whether air is being recirculated in the mine or tunnel, and takes suitable action to stop any such recirculation.
(b) Ventilation fans Every employer must take all practicable steps to ensure that every ventilation fan (other than an auxiliary fan) in a mine or tunnel is provided with— 30 20 Reprinted as at 8 October 1999 Health and Safety in Employment (Mining—Underground) Regulations 1999 Part 1 r 31 (a) (b) a suitable instrument to measure pressure differential; and an automatic indicator registering the number of revo- lutions per minute of the fan.
31 Auxiliary fans Every employer must take all practicable steps to ensure, in relation to every mine or tunnel, that— (a) no auxiliary fan is installed or used unless the quantity of air reaching it is, at all times, sufficient to ensure that air is not recirculated by the fan; and every forcing auxiliary fan is installed at least 5 metres from the intake side of the place to be ventilated by the fan; and every exhaust auxiliary fan is installed at least 5 metres from the return side of the place to be ventilated by the fan; and (b) (c) (d) when forcing and exhaust auxiliary fans are used sim- ultaneously to ventilate the same face,— (i) the forcing auxiliary fan is installed more than 15 metres from the face; and the capacity of the forcing auxiliary fan is less than one-third of the capacity of the exhaust aux- iliary fan; and (ii) (e) (f) (g) (h) there is installed and maintained with every auxiliary fan an air duct for conducting a sufficient supply of air to and from the face or place to be ventilated; and every auxiliary fan, whether driven by electricity or otherwise, is constructed in such a way as to prevent the possibility of an accumulation of an electrostatic charge; and no employee starts, stops, or adjusts an auxiliary fan without a competent person’s permission; and if an auxiliary fan is installed in a place, no employee enters or remains in that place while the fan is not oper- ating, unless a competent person has inspected the place and found it to be safe.
21 Part 1 r 32 Health and Safety in Employment (Mining—Underground) Regulations 1999 Reprinted as at 8 October 1999 32 Withdrawal of employees if mechanical ventilation device fails Every employer must take all practicable steps to ensure that, if the mechanical ventilation device fails in part of a mine or tunnel,— (a) every employee in that part withdraws from it to a part where a mechanical ventilation device is working; and no employee enters that part of the mine or tunnel ex- cept for the purposes of— (i) dealing with the failure of the mechanical venti- lation device; or testing whether or not that part is safe; and (ii) no other employee enters that part until a competent person reports to the manager or acting manager that that part is safe.
(b) (c) Every employer must take all practicable steps to ensure that, if the mechanical ventilation device fails in part of a mine or tunnel for more than 30 minutes, or in the whole of the mine or tunnel,— (a) every employee in the mine or tunnel withdraws from it; and no employee enters the mine or tunnel except for the purposes of— (i) dealing with the failure of the mechanical venti- lation device; or testing whether or not the mine or tunnel is safe; and (ii) no other employee enters the mine or tunnel until a com- petent person reports to the manager or acting manager that the mine or tunnel is safe.
(b) (c) Equipment not to be taken into mine or tunnel Every employer must take all practicable steps to ensure that the equipment listed in subclause (2) is not taken into or used in a mine or tunnel, unless procedures relating to its safe use in mines or tunnels are in place and are complied with.
The equipment is— (a) (b) battery charging equipment: gas cutting equipment: (1) (2) 33 (1) (2) 22 Reprinted as at 8 October 1999 Health and Safety in Employment (Mining—Underground) Regulations 1999 Part 2 r 36 34 35 36 (c) (d) (e) power tools: static compressors: welding equipment.
Handling explosives and detonators Every employer must take all practicable steps to ensure that— all explosives in a mine or tunnel are, at all times, the (a) immediate responsibility of a competent person; and explosives are not taken into, or used, in a mine or tun- nel unless procedures relating to their storage, trans- portation, and use are in place and are complied with.
(b) Part 2 Duties in relation to coal mines and gassy mines Coal mines and gassy mines Sparks or naked flames Every employer must take all practicable steps to ensure that no device or material, including smoking materials, likely to cause a spark or naked flame is taken into or used in a coal mine or a gassy mine.
Prevention of ignition or combustion Every employer must take all practicable steps to ensure, in relation to every coal mine or gassy mine, that— (a) the roof, floor, and sides of every accessible part of the mine are treated with incombustible dust in such a way as to ensure that dust on the roof, floor, and sides does not exceed 30% of combustible matter (unless the mine is naturally wet in every accessible part); and a monitoring system, of a kind that will ensure early de- tection of spontaneous combustion, is maintained; and water or stone dust barriers, of a kind that will limit the development and contain any ignition of coal dust or flammable gas, are erected at suitable sites.
(b) (c) 23 Part 2 r 37 Health and Safety in Employment (Mining—Underground) Regulations 1999 Reprinted as at 8 October 1999 37 38 (1) (2) Reading of barometer, hygrometer, and thermometer Every employer must take all practicable steps to ensure that a competent person reads the barometer, hygrometer, and ther- mometer at a coal mine or a gassy mine during the examin- ations required by regulation 16.
Testing for flammable gas Every employer must take all practicable steps to ensure that testing for the presence of flammable gas— (a) is continuous at every working face of a coal mine or a gassy mine at which— (i) flammable gas has been, or is likely to be, de- tected; and an employee is present; and (ii) is also carried out when required by regulation 20(1)(a).

(b) Regulation 20(1)(b) and (2) applies to testing for flammable gas under subclause (1)(a).
39 Monitoring of mining and tunnel boring machines Every employer must take all practicable steps to ensure that— there is constant monitoring for flammable gas at every (a) mining and tunnel boring machine used in a coal mine or a gassy mine; and a method is provided to disconnect the electricity supply from the machine if the level of flammable gas at the machine exceeds 1.25% by volume.
(b) Gassy mines only Ventilation Every employer must take all practicable steps to ensure, in relation to every gassy mine, that— (a) the percentage of flammable gas in the general body of air in the mine is not more than 1.25% by volume; and a quantity of fresh air adequate to ensure that paragraph (a) is complied with is circulated— (i) (ii) before an employee enters the mine; and continuously whenever an employee is in the mine; and (b) 40 24 Reprinted as at 8 October 1999 Health and Safety in Employment (Mining—Underground) Regulations 1999 Part 3 r 42 (c) (d) (e) (f) (g) the air at the commencement of the restricted zone in the intake airways is kept free from flammable gas; and no air current passes through any stopping, or any un- sealed, abandoned, or worked out area, before ventilat- ing or passing through an active working place; and the total number of employees ordinarily present in a ventilation district or ventilation circuit in the mine is kept to a minimum; and a competent person measures, at least once in every week, the percentage of flammable gas in the main re- turn and split returns; and a competent person measures, at least once in every month, the quantity of air— (i) (ii) (iii) (iv) (v) in the main current; and in every split; and at the beginning of the main return airway; and from each ventilating district; and at any additional place identified by the employer as a hazard.
Part 3 Duties in relation to use of electricity in operations All operations 41 42 Electrical systems Every employer must take all practicable steps to ensure that every electrical system in a mine or tunnel is so constructed, used, and maintained as not to be a cause or source of harm to any employee.
Earthing and other precautions Every employer must take all practicable steps to ensure that appropriate precautions are taken, for example, by earthing, to minimise the likelihood of harm arising from material (other than conductors) becoming electrically charged in a mine or tunnel.
25 Part 3 r 43 Health and Safety in Employment (Mining—Underground) Regulations 1999 Reprinted as at 8 October 1999 43 44 Conductors Every employer must take all practicable steps to ensure that such precautions are taken in relation to the placement, insu- lation, and use of every conductor in a mine or tunnel as to minimise the likelihood that the conductor will be a cause or source of harm to any employee.
Connections Every employer must take all practicable steps to ensure that every joint and connection in an electrical system in a mine or tunnel is suitable and safe for use.
45 Means of protection from excess current Every employer must take all practicable steps to ensure, in relation to every mine or tunnel, that— (a) every part of every electrical system is protected from an excess of electric current; and the maximum earth fault current in an electrical system whose voltage is 400 volts or greater, or that is used to supply mobile electrical plant, is limited to as low a value and as short a time as is reasonably practicable.
(b) (b) Electrical equipment Every employer must take all practicable steps to ensure, in relation to every mine or tunnel, that— (a) no electrical equipment is used in circumstances in which its strength and capability may be exceeded in such a way as to cause a possibility of harm to any employee; and electrical equipment is so constructed and protected as to minimise the likelihood that it will be a cause or source of harm to any employee, if it may be exposed to— (i) (ii) mechanical damage; or the effects of natural hazard, pressure, tempera- ture, or weather; or the effects of corrosive, dirty, dusty, or wet con- ditions; or (iii) 46 26 Reprinted as at 8 October 1999 Health and Safety in Employment (Mining—Underground) Regulations 1999 Part 3 r 49 (iv) an explosive or flammable substance, including dust, gas, or vapour.
47 Making electrical equipment safe (1) Every employer must take all practicable steps to ensure, in relation to every mine or tunnel, that— (a) suitable means are available for disconnecting and sep- arating all electrical equipment from any source of elec- trical energy that could be a cause or source of harm to any employee.
The means must be such that the discon- nection and separation are secure; and suitable means are available for cutting off the supply of electricity to any electrical equipment when the equip- ment could be a cause or source of harm to any em- ployee.
(b) (2) Every employer must take all practicable steps to ensure, in relation to every mine or tunnel, that precautions are taken, when necessary, to prevent the occurrence of any significant hazard that may be caused by, or may arise out of, electrical equipment that is itself a source of electrical energy.
48 Work activities Every employer must take all practicable steps to ensure that every work activity in a mine or tunnel is carried out by a competent person in a manner that does not cause harm or constitute a source of harm to any employee.

49 (1) (2) Precautions for work on equipment already dead This regulation applies to electrical equipment that is in a mine or tunnel and that has been made dead in order to prevent harm while work is carried out on or near the equipment.
Every employer must take all practicable steps to ensure that adequate precautions are taken to prevent such equipment from being electrically charged during the work, if that occur- rence could be a cause or source of harm to any employee.
27 Part 3 r 50 Health and Safety in Employment (Mining—Underground) Regulations 1999 Reprinted as at 8 October 1999 50 Protective equipment Every employer must take all practicable steps to ensure that all clothing or equipment provided to protect employees from harm that may be caused by, or may arise out of, an electrical hazard in a mine or tunnel is— (a) (b) suitable for the purpose; and used by employees for the purpose whenever the cir- cumstances require its use; and (c) maintained in such a way as to make it safe to use.
51 Work on or near bare live conductor Every employer must take all practicable steps to ensure that no employee carries out work in a mine or tunnel on a bare live conductor, or so near the conductor as to make it likely that the conductor will be a cause or source of harm to the employee, unless— (a) it is unreasonable in all the circumstances for the con- ductor to be isolated and earthed; and it is reasonable in all the circumstances for the employee to work on or near the conductor while it is live; and suitable precautions, including the use of suitable pro- tective equipment, are taken to prevent injury to the em- ployee.
(b) (c) Switchgear for cutting off electricity Every employer must take all practicable steps to ensure that, if electrical equipment (other than a communication or moni- toring system) is installed in a mine or tunnel, switchgear is provided that— (a) has the purpose of cutting off the supply of electricity to the equipment; and is located at the surface; and has readily accessible controls located near the entrance to the mine or tunnel.
(b) (c) Oil-filled electrical equipment Every employer must take all practicable steps to ensure that electrical equipment that uses oil as a means of arc suppres- 52 53 28 Reprinted as at 8 October 1999 Health and Safety in Employment (Mining—Underground) Regulations 1999 Part 3 r 55 54 55 (1) (2) (3) sion, cooling, or insulation is not installed or used in a mine or tunnel.
Fire protection Every employer must take all practicable steps to ensure, in relation to every mine or tunnel, that suitable and sufficient fire extinguishers are provided beside all high voltage electrical equipment and, if a significant risk of fire exists, beside all other electrical equipment.
Gassy mines only Restriction on electrical equipment used in restricted zones Every employer must take all practicable steps to ensure that electrical equipment used in a restricted zone is of a kind to which either subclause (2) or subclause (3) applies.
This subclause applies to electrical equipment— (a) that meets the essential requirements of European Council Directive 94/9/EC or Directive 82/130/EEC; and that has a certificate of conformity or a certificate of inspection showing compliance with all the applicable harmonized European standards; and in respect of which every condition specified on the certificate and by the manufacturer has been complied with.
(b) (c) This subclause applies to electrical equipment— (a) that has received a certificate of conformity from a test- ing station accredited by Standards Australia, showing that the equipment complies with Australian Standard AS 2380 for group I electrical equipment for use in mines susceptible to methane; and in respect of which every condition specified on the cer- tificate of conformity and by the manufacturer has been complied with.
(b) (4) Every employer must take all practicable steps to ensure that no electrical equipment in a restricted zone is opened so that a live conductor is exposed to the surrounding atmosphere, if 29 Part 3 r 56 Health and Safety in Employment (Mining—Underground) Regulations 1999 Reprinted as at 8 October 1999 the conductor is not safeguarded in such a way as to prevent a spark or thermal effect produced in the equipment from caus- ing ignition of an explosive mixture of air and flammable gas or vapour.
Restrictions on certain electrical equipment Every employer must take all practicable steps to ensure that any electric safety lamp taken into or used in a gassy mine— complies with European Community Standard EN (a) 50033, as shown by a certificate of conformity from an approved certification body of the European Commu- nity; and complies with all the conditions specified by the certifi- cate of conformity and by the manufacturer.
(b) Every employer must take all practicable steps to ensure that the following equipment is not taken into or used in a gassy mine unless it complies with subclause (3): (a) (b) (c) (d) an electric gas detector: signalling equipment: a telephone: any equipment necessary for any of the equipment re- ferred to in paragraphs (a) to (c) to operate: any electrical equipment required for the safety of em- ployees (other than an electric safety lamp).
(e) For the purposes of subclause (2), equipment complies with this subclause if it is of a kind that— (a) is safeguarded in such a way as to prevent a spark or thermal effect produced in the safety equipment, or its source of electricity, from causing ignition of an explo- sive mixture of air and flammable gas or vapour; and complies with either or both of regulation 55(2) or (3).
(b) Electrical equipment used occasionally This regulation applies to electrical equipment that does not comply with regulation 55, but that is required to be used oc- casionally in 1 or more areas in a gassy mine for measuring, monitoring, recording, or testing.
Every employer must take all practicable steps to ensure that equipment to which this regulation applies is— 56 (1) (2) (3) 57 (1) (2) 30 Reprinted as at 8 October 1999 Health and Safety in Employment (Mining—Underground) Regulations 1999 Part 3 r 59 (3) 58 (a) (b) taken into an area in the mine only under the personal supervision of a competent person; and used in an area in the mine only when the percentage of flammable gas in the general body of the air in the area is less than 0.25% by volume; and (c) maintained so as to remain safe throughout the entire period of its use in the area in the mine.
Every employer must take all practicable steps to ensure that a competent person who takes equipment to which this regu- lation applies into an area in a gassy mine tests for gas before the equipment is switched on and continuously during its use.
Disconnection of electricity Every employer must take all practicable steps to ensure that,— (a) if at any time the percentage of flammable gas in the general body of air in any place in a gassy mine exceeds 1.25% by volume, all electrical equipment in the place, other than safety equipment required or designed to be safe for use at all times, is disconnected from the supply of electricity until a competent person considers it is safe to reconnect the electricity: if the main ventilation fan fails, the electricity supply to the gassy mine is disconnected until the main ventila- tion fan is restored and a competent person considers it is safe to reconnect the electricity.
(b) 59 (1) (2) Remote control and electric interlock circuits This regulation applies to remote controls or electric interlock circuits associated with plug and socket couplings.

Every employer must take all practicable steps to ensure that every such control or circuit in a gassy mine is safeguarded in such a way as to prevent a spark or thermal effect produced in the circuit from causing ignition of an explosive mixture of air and flammable gas or vapour.
31 Part 4 r 60 Health and Safety in Employment (Mining—Underground) Regulations 1999 Reprinted as at 8 October 1999 Part 4 Offences 60 (1) (2) Offences The provisions to which this regulation applies are regulations 8 to 59.

The provisions referred to in subclause (1) are provisions to which section 50 of the Act applies.

(Section 50 provides that every person who fails to comply with a provision to which that section is declared to apply commits an offence and is liable on summary conviction to a fine.)
Marie Shroff, Clerk of the Executive Council.

Explanatory note This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force 28 days after the date of their notification in the Gazette, deal with matters relating to health and safety in underground mines and tunnels.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 7 October 1999.


32 Reprinted as at 8 October 1999 Health and Safety in Employment (Mining—Underground) Regulations 1999 Notes Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) 5 Notes 1 2 3 General This is a reprint of the Health and Safety in Employment (Min- ing—Underground) Regulations 1999.
The reprint incorpor- ates all the amendments to the regulations as at 8 October 1999, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enact- ment, in chronological order.
Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.

This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the prin- cipal enactment and its amendments are contained.

How reprints are prepared A number of editorial conventions are followed in the prep- aration of reprints.

For example, the enacting words are not included in Acts, and provisions that are repealed or revoked 33 Notes Health and Safety in Employment (Mining—Underground) Regulations 1999 Reprinted as at 8 October 1999 are omitted.
For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legisla- tion reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the au- thority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) • • • • 4 34 Reprinted as at 8 October 1999 Health and Safety in Employment (Mining—Underground) Regulations 1999 Notes • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • format of headings (eg, headings where each word formerly appeared with an initial cap- ital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection ref- erences are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accord- ingly running heads (the information that appears at the top of each page) format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chrono- logical).
List of amendments incorporated in this reprint (most recent first) 5 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2010 35