HEALTH AND SAFETY Citation and commencement 1 These Regulations may be cited as the Reporting of Injuries, Diseases and Dangerous Occurrences (Amendment) Regulations 1989 and shall come into force on 11th September 1989. Amendments to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985 2 Schedule 4 to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985 shall be amended as follows: a in paragraph 1, there shall be inserted– i immediately before the definition of “nominated person”, the following definition– “appropriate person” means– in the case of a coal mine, the responsible person or any official superior to a person appointed as a deputy; in the case of any other mine, the responsible person; in the case of a quarry– the responsible person, or (where there is a sole manager) that manager, or (where there are two or more managers) the manager of the part of the quarry where the accident or dangerous occurrence happened, or any person who is for the time being treated for the purposes of the Mines and Quarries Act 1954 as such a manager; , and ii between “person” and “who” in the definition of “nominated person”, the words “(if any)”; and b the following sub-paragraph shall be substituted for sub-paragraph (2) of paragraph 4– 2 The requirements of sub-paragraph (1) shall not apply to an accident or to a dangerous occurrence if an appropriate person– a has taken adequate steps to ascertain that disturbing the site– i is unlikely to prejudice any investigation by an inspector into the circumstances of the accident or dangerous occurrence, and ii is necessary to secure the safety of any person at the mine or quarry or to avoid disrupting the normal working thereof; and b (except in the case of a non-fatal accident or a dangerous occurrence, where the nominated person or any person designated by that nominated person pursuant to this sub-paragraph cannot be contacted within a reasonable time) has notified the nominated person, or any person designated in writing by the nominated person to receive any such notification, of the proposed disturbance, and gives such a person a reasonable opportunity to visit the site before it is disturbed; and c has taken adequate steps to ensure that there is obtained such information as will enable a full and accurate plan to be prepared forthwith, which plan shall show the position of any equipment or other item relevant to the accident or dangerous occurrence immediately after it happened; and d ensures that any equipment or other item relevant to the accident or dangerous occurrence is kept as it was immediately after the incident until an inspector agrees that it may be disposed of. ; and c the following sub-paragraphs shall be substituted for sub-paragraph (3) of paragraph 4: 3 The person who has taken the steps referred to in sub-paragraph (2)(c) of this paragraph shall ensure that the plan referred to in that sub-paragraph is signed by the person who prepared it and bears the date on which it was prepared, and that a copy of that plan is supplied on request to any inspector or to the nominated person. 4 It shall be a defence in proceedings against any person for contravening sub-paragraph (1) of this paragraph in any case which consists of the doing of any act, for that person to prove that the doing of that act was necessary for securing the safety of the mine or quarry or of any person. . Signed by order of the Secretary of State. Strathclyde Parliamentary Under Secretary of State, Department of Employment 7th August 1989