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MINES ACT (NORTHERN IRELAND) 1969 - SECT 22

22.(1) Subject to the provisions of this section, it shall not be lawful for
any persons to be employed below ground in a mine of coal, stratified
ironstone, shale or fireclay unless there are available, for affording to them
alternative, and ready, means of ingress and egress, two shafts or outlets
(whether belonging exclusively to that mine or not) which are at no point
separated from each other by less than forty-five feet.

(2) Where the employment of persons in an area consisting of the whole or any
part of a mine below ground would, apart from the following provisions of this
subsection be, by virtue of subsection (1), unlawful in consequence of a shaft
or outlet having, as a result of an accident or breakdown, become unavailable
for affording to persons employed in that area ready means of ingress and
egress, but the manager of the mine is satisfied with respect to that area or
any part thereof that persons employed in that area or, as the case may be,
that part thereof will not for the time being be exposed to undue risk by
reason of that shaft or outlet being unavailable as aforesaid, then if he

(a)posts in a conspicuous position at the mine a notice specifying the
accident or breakdown and the said area and stating that he is satisfied as
aforesaid with respect to that area or, as the case may be, that part thereof
and the reason why he is so satisfied; and

(b)sends, by the quickest means available, to the Ministry and the person, if
any, for the time being nominated under the provisions of this Act relating to
the notification of accidents to receive on behalf of the persons employed at
the mine notices under the said provisions, a message to the like effect as
the notice mentioned in paragraph (a);

(i)the employment in that area or, as the case may be, that part thereof,
until the end of his period of work, of any person who was below ground in the
mine at the time of the accident or breakdown;

(ii)the employment in that area or, as the case may be, that part thereof,
until the expiration of the period of twenty-four hours beginning with the
time at which the accident or breakdown occurred, of any person in work
necessary for securing the safety of the mine or rendering that shaft or
outlet again available for the purpose for which it was available immediately
before the accident or breakdown;

(3) The Ministry, upon an application in that behalf made to the Ministry with
respect to a mine, may, by notice served on the manager of the mine, exempt
from the operation of subsection (1) the employment of persons below ground in
the mine or in such part of the mine below ground as may be specified in the
notice; but no exemption shall be granted under this subsection unless an
inspector reports to the Ministry that he is satisfied that no persons
employed in the mine will be exposed to undue risk in consequence of the
granting of the exemption.

Subs.(4) rep. by SR 1980/333

(5) In any claim against the owner or manager of a mine for damages, being a
claim arising out of an accident caused by a decision of the manager made for
the purposes of subsection (2), the defendant shall, unless he proves that the
manager was not negligent in making that decision, be liable in all respects
as if the plaintiff had proved that the manager was negligent in making that
decision.

(6) For the purposes of this section a shaft or unwalkable outlet at a mine
provided with apparatus for carrying persons through the shaft or outlet shall
be deemed not to be available to a person employed below ground in the mine
for affording to him means of ingress and egress if that apparatus is not
available for use by him.

(7) Nothing in this section shall apply to the employment of persons in a
shaft or outlet or in the insets of a shaft or outlet.

© 1969 Crown Copyright

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