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MINES ACT (NORTHERN IRELAND) 1969 - SECT 79



79.(1) Where inflammable gas is present at a place below ground in a mine in a
concentration deemed for the purposes of this section to be excessive, the
person in charge of the part of the mine in which that place is situate shall
comply with the following requirements, namely:

(a)he shall forthwith cause all persons employed in so much of that part of
the mine as appears to him to be affected (hereinafter referred to as the
"affected area") to leave it;

(b)unless he is the manager of the mine, he shall, forthwith after complying
with paragraph (a), inform his immediate superior and the person in charge of
any other part of the mine appearing to him to be likely to be affected that
inflammable gas is present at the said place in a concentration deemed as
aforesaid to be excessive;

(c)so soon after complying with paragraph (b) (or, in a case where that
paragraph does not apply, paragraph (a)) as it is possible so to do without
undue risk, he shall himself ascertain, or cause some competent person to
ascertain, the condition of the affected area and the measures that it is
necessary to take for the purpose of rendering it safe.

(2) Subsection (1) shall, with the requisite modifications, apply where it
appears to the person in charge of a part of a mine below ground that there
exists at a place in that part a danger constituted

(a)by the presence of inflammable gas (whether or not the concentration
thereof is deemed for the purposes of this section to be excessive); or

(b)otherwise howsoever;

(3) Where, on any occasion, persons have been caused to leave an affected area
in pursuance of the foregoing provisions of this section, no person shall
thereafter be permitted to enter it until both of the following conditions are
fulfilled, namely,

(a)that inflammable gas is not present at any place therein in a concentration
deemed for the purposes of this section to be excessive; and

(b)that the appropriate person is satisfied that the area is free from all
danger (whether constituted by the presence of inflammable gas or otherwise
howsoever);

(4) Where persons have, on any occasion, been caused to leave an affected area
in pursuance of the foregoing provisions of this section, the person who
caused them to leave it shall record in a book to be provided for that purpose
by the owner of the mine particulars of the reason for his causing them to
leave that area and of the matters disclosed as a result of giving effect to
subsection (1)(c) and subscribe his signature thereto.

(5) For the purposes of this section the concentration of inflammable gas
present at a place in a mine shall be deemed to be excessive

(a)if, being a place in

(i)a safety-lamp mine; or

(ii)a part of a mine other than a safety-lamp mine, being a part in which the
use of lamps or lights other than permitted lights is unlawful;

(b)the amount of such gas present in the general body of the air at that place
is not less than two per cent. by volume or, if a greater percentage by volume
(not exceeding two and a half) is prescribed, that greater percentage;

(b)if, being a place other than such a place as is mentioned in paragraph (a),
either

(i)the amount of such gas present in the general body of the air at that place
is not less than one and a quarter per cent. by volume or, if a smaller
percentage by volume is prescribed, that smaller percentage; or

(ii)an indication of gas is seen at that place on the lowered flame of a
safety lamp;

Duty of workmen to deal with, or report, danger.



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