Mines Regulations 2014 · AditNow Community

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Tamarmole
50.2% (Neutral)
Newbie Topic Starter

10 years ago

Just a heads up that the new mines regs which came into force on 6th April are available to download.

http://www.hse.gov.uk/pubns/priced/l149.pdf

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staffordshirechina
50.2% (Neutral)
Newbie

10 years ago

Thanks for that.
It would be nice if the HSE actually told people about these things instead of just doing it and saying nothing to those it affects!

Bitter
50.2% (Neutral)
Newbie

10 years ago

Err,
I believe that all the remaining Mine Operating companies have been actively involved in a long consultation process on this and have had plenty of opportunity to challenge anything they had any concerns about.

Not saying it's perfect, mind. Time will tell.

Ian A
50.2% (Neutral)
Newbie

10 years ago

Not informing people is a real problem ....

How many people know about all the new road traffic offences that became law from 6th April ? (primarily speed restrictions on certain vehicles).

As an Accountant, there has been new "stuff" that escaped even my governing institute ....

Employment law ... anyone even know the latest on discrimination (I just got one this a.m.)

Not meaning to digress but I am demonstrating that "new regs" don't get around to all the people it should do (like a mines inspector who is apparently directly affected in this case)

:(

Ian

A door, once opened, may be stepped through in either direction.

Manicminer
50.2% (Neutral)
Newbie

10 years ago

As of April you can't even have a friend come and help you do the garden unless he has the relevant qualifications and does a risk assessment/ method statement

Gold is where you find it

Trewillan
50.2% (Neutral)
Newbie

10 years ago

"Manicminer" wrote:
As of April you can't even have a friend come and help you do the garden unless he has the relevant qualifications and does a risk assessment/ method statement

Are you referring to the new CDM regulations, also commenced on 6th April?

Regarding the Mines Regulations, I don't think these were a surprise to anyone in the industry. Developed over two years or more, regional "road shows", public consultation, information on HSE web-site, etc.

derrickhand
50.2% (Neutral)
Newbie

10 years ago

Discrimination is easy... think "constant change to create confusion" per the Frankfurt School, apply Orwell's quote about no longer being any laws, but the general nature of offences being fairly obvious, and Powell's quote about "a one-way privilege intended to provide the foreigner, malcontent and agent provocateur with the means to pillory them fir their private opinions, which does not address their concerns, and nor is it meant to" and you are pretty much there.

plus ca change, plus c'est le meme chose

Knocker
50.2% (Neutral)
Newbie

10 years ago

the new CDM regulations are much the same as the mines regulations in terms of publicity, i've got copies of both on my desk at the moment (I currently have a mine shaft to deal with and having to ensure I know which regulations I need to comply with, from what I can make out, shaft capping should not fall under the mines regulations). The problem with CDM in particular (Not many people are affected by the new mines regulations) is EVERYBODY is affected - someone cleaning your drive now comes under CDM and you as the client now have certain legal obligations.

staffordshirechina
50.2% (Neutral)
Newbie

10 years ago

"Bitter" wrote:
Err,
I believe that all the remaining Mine Operating companies have been actively involved in a long consultation process on this and have had plenty of opportunity to challenge anything they had any concerns about.

Not saying it's perfect, mind. Time will tell.

We are a mine operating company and we have been involved with the consultation, both as a business and personally.
They have not made any notification to us that the code of practice has been released.

Trewillan
50.2% (Neutral)
Newbie

10 years ago

#10

"staffordshirechina" wrote:
We are a mine operating company and we have been involved with the consultation, both as a business and personally.
They have not made any notification to us that the code of practice has been released.

You say you've been involved, so you must have known the Regulations and Guidance were on the way for 6th April.

staffordshirechina
50.2% (Neutral)
Newbie

10 years ago

#11

Regulations, yes but the guidance was "to follow".

Jimbo
50.2% (Neutral)
Newbie

10 years ago

#12

Errr no, the threshold for notification of CDM Projects has not changed and so they will not apply to most domestic clients i.e. home owners!!

"The Client will need to notify the HSE of projects before works
commence if they will exceed 30 construction days with 20 or
more workers working simultaneously or if the project exceeds
500 person days".

:)

"PDHMS, WMRG, DCC, Welsh Mines Society, Northern Mines Research Group, Nenthead Mines Society and General Forum Gobshite!"

sinker
50.2% (Neutral)
Newbie

10 years ago

#13

Half right. That's only the threshold for notifying the HSE (i.e. the form F10).
The responsibilities have changed considerably where CDM 2007 didn't apply to domestic Clients at all but CDM Regs 2015 do apply to domestic Clients. Those responsibilities are there irrespective of whether the project is notifiable or not.

Yma O Hyd....

Knocker
50.2% (Neutral)
Newbie

10 years ago

#14

ALL projects must comply with the CDM regulations - however projects over the threshold MUST be notified to the enforcing authority. All that is different is a F10 must be completed for notifiable projects.

Knocker
50.2% (Neutral)
Newbie

10 years ago

#15

The reason why I had to cross reference with the new mines regulations is because the only exemption from CDM is Mines, in the past for capping operations the mine has had to effectively be reopened, fortunately that appears to be no longer the case.

Jimbo
50.2% (Neutral)
Newbie

10 years ago

#16

From the HSE guidance page!

"Domestic clients do not normally have client duties under the CDM Regulations. There is no requirement to appoint a CDM co-ordinator or principal contractor. Domestic clients will only have duties under Part 4 of the Regulations if they control the way in which construction work is carried out (eg by insisting on use of an unsafe means of access). Duties under Part 4 apply irrespective of employment status or whether you do construction work, but kick in if there is significant control over the way the work is done. The extent of the duty is in proportion to the degree of control you have over the work in question."

;)

"PDHMS, WMRG, DCC, Welsh Mines Society, Northern Mines Research Group, Nenthead Mines Society and General Forum Gobshite!"

Knocker
50.2% (Neutral)
Newbie

10 years ago

#17

Again, thats a slight misinterpretation - while the client in domestic works has no duties - the Clients duties transfer to the contractor or Principle Designer -so CDM does apply.

TwllMawr
50.2% (Neutral)
Newbie

10 years ago

#18

"Jimbo" wrote:
From the HSE guidance page!

"Domestic clients do not normally have client duties under the CDM Regulations. There is no requirement to appoint a CDM co-ordinator or principal contractor. Domestic clients will only have duties under Part 4 of the Regulations if they control the way in which construction work is carried out (eg by insisting on use of an unsafe means of access). Duties under Part 4 apply irrespective of employment status or whether you do construction work, but kick in if there is significant control over the way the work is done. The extent of the duty is in proportion to the degree of control you have over the work in question."

;)

Do the HSE guidance notes actually use the quote phrase "kick in". 😢

Jimbo
50.2% (Neutral)
Newbie

10 years ago

#19

It was never the intention of the HSE to penalise home owners carrying out DIY on their own property, but if you are one of the misguided supporters of overzealous H&S laws & rules for whatever reason, then you might interpret things a little different to the actual reality! ;)

Ohh and here is the HSE link for perusal:

http://www.hse.gov.uk/construction/cdm/faq/domestic.htm

"PDHMS, WMRG, DCC, Welsh Mines Society, Northern Mines Research Group, Nenthead Mines Society and General Forum Gobshite!"

TwllMawr
50.2% (Neutral)
Newbie

10 years ago

#20

CDM 2015... Thanks for the link. Not too surprised on CDM encompassing domestic clients as they have. Though until I followed it (your link) and read the paragraph you quoted I thought some artistic licence had crept in. I'm dismayed the HSE use phrases like "but kick in if" to explain legal duties. Even though it's meant to be easier to interpret. I've scanned through the ACOP and thank heavens such loose English hasn't crept in there!