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COAL MINES REGULATION ACT 1908 - SECT 1

1.(1) Subject to the provisions of this Act a [worker] shall not be below
ground in a mine for the purpose of his work, and of going to and from his
work, for more than eight hours during any consecutive twenty-four hours.

(2) No contravention of the foregoing provisions shall be deemed to take place
in the case of a [worker] working in a shift if the period between the times
at which the last [worker] in the shift leaves the surface and the first
[worker] in the shift returns to the surface does not exceed eight hours; nor
shall any contravention of the foregoing provisions be deemed to take place in
the case of any [worker] who is below ground for the purpose of rendering
assistance in the event of accident, or for meeting any danger or apprehended
danger, or for dealing with any emergency or work uncompleted through
unforeseen circumstances which requires to be dealt with without interruption
in order to avoid serious interference with ordinary work in the mine or in
any district of the mine ...

(3) The ... manager of every mine shall fix for each shift of [workers] in the
mine the time at which the lowering of the [workers] to the mine is to
commence and to be completed, and the time at which the raising of the
[workers] from the mine is to commence and to be completed, in such a manner
that every [worker] shall have the opportunity of returning to the surface
without contravention of the foregoing provisions of this section, and shall
post and keep posted at the pit head a conspicuous notice of the time so
fixed, and shall make all arrangements necessary for the observance of those
times in lowering and raising the [workers].

(4) The interval between the times fixed for the commencement and for the
completion of the lowering and raising of each shift of [workers] to and from
the mine shall be such time as may for the time being be approved by the
inspector as the time reasonably required for the purpose. Provided that, in
the event of any accident to the winding machinery, or other accident
interfering with the lowering or raising of [workers], the interval may
temporarily be extended to such extent as may be necessary; but in any such
case the ... manager of the mine shall on the same day send notice of the
extension and the cause thereof to the inspector, and the extension shall not
continue beyond such date as may be allowed by the inspector.

(5) In the event of the ... manager feeling aggrieved by a decision of the
inspector under the last foregoing subsection, the matter shall, in accordance
with regulations as to procedure and costs made by the Secretary of State, be
referred to the decision of a person appointed by the judge of county courts
for the district ... in which the mine is situate, whose decision shall be
final; but until such decision is given the times approved by the inspector
shall be in force as respects the mine.

(6) A repairing shift of [workers] may, notwithstanding the provisions of this
section, for the purpose of avoiding work on Sunday, commence their period of
work on Saturday before twenty-four hours have elapsed since the commencement
of their last period of work, so long as at least eight hours have elapsed
since the termination thereof.

(7) For the purposes of this Act, the expression ["worker"] means any person
employed in a mine below ground, who is not an official of the mine (other
than a ... deputy), or a mechanic or horse-keeper, or a person engaged solely
in surveying or measuring; and any number of [workers] whose hours for
beginning and terminating work in the mine are approximately the same shall be
deemed to be a shift of [workers].

Provided that

(a)In the case of a ... deputy, onsetter, pump-minder, fanman, or furnace-man,
the maximum period for which he may be below ground under this Act shall be
nine hours and a half; and

(b)Where the work of sinking a pit or driving a cross-measure drift is being
carried on continuously, no contravention of the provisions of this Act shall
be deemed to take place as respects any [worker] engaged on that work if the
number of hours spent by him at his working place does not exceed six at any
one time, and the interval between the time of leaving the working place and
returning thereto is in no case less than twelve hours.

If any question under this section arises (otherwise than in legal
proceedings) whether any person is a [worker] or is a [worker] of any
particular class, that question shall be referred to the Secretary of State,
and his decision shall be final.

© 1908 Crown Copyright

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