Decree No. 265 / 2012 Coll.
Decree amending Decree No. 55 / 1996 Coll., on the requirements to ensure safety and health at work and without operating in a mining activity in the underground as amended
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Effective from 01.09.2012
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01.09.2012
31.07.2012
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265
DECLARATION
of 20 July 2012
amending Decree No. 55 / 1996 Coll., on requirements to ensure safety and health at work and safety of operations in mining activities in underground as amended
The Czech Mining Authority provides pursuant to Sections 5 (3) and 6 (6) (a), (b) and (d) of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 542 / 1991 Coll.:
Decree No. 55 / 1996 Coll., on the requirements to ensure safety and health at work and safety of operations in underground activities, as amended by Decree No. 238 / 1998 Coll., Decree No. 144 / 2004 Coll. and Decree No. 298 / 2005 Coll., is amended as follows:
1. Paragraph 2 (2), including footnotes 3 and 22, reads as follows:
"(2) In addition, for the purposes of this decree, it shall be considered as:
(a) an underground work of space in the underground created by stamping or digging in the activities carried out by the miner's way1), an old or permanently abandoned mining work or an accessible part of the caves 3). It also includes a large-diameter well or protrusion, if persons can stay in it. The underground structure and the shallow-housed underground line structure, in particular embossed sewerage and collector, are considered as an underground work,
(b) a shallow underground work with an overlay smaller than the width of its edge;
(c) an underground work of horizontal or inclined to 45 ° from a horizontal plane with a gross cross-section of less than 16 m2;
(d) tunnel underground work horizontal or inclined up to a inclination of 45 ° from a horizontal plane with a gross cross-section of 16 m2 or more;
(e) extruding through the compression of operations required to disconnect and extract the rock for the purpose of extruding a pipe of at least 0,8 m in diameter;
(f) the observational tunnelling method of stamping, which allows for the operational change of the method of ensuring stability of the rind on the basis of the actual geological and engineering geological conditions affected;
(g) temporary reinforcement of a set of reinforcement elements for the purpose of ensuring the stability of the erasure carried out in the underground works only for the necessary period of time;
(h) temporary reinforcement of a set of reinforcement elements to ensure the stability of the underground work until the stability of the underground work is ensured by permanent reinforcement;
(i) permanent reinforcement of a set of technological elements used to ensure the stability of the underground work throughout its specified lifetime;
(j) the technological class of the rind a set of construction measures and technological procedures leading to the required stability of the rind and the affected objects in specific geological and engineering geological conditions;
(k) a plan to ensure stability of the crest of a document identifying, prior to taking the shot, the method of ensuring stability of the crest on the basis of a forecast of the behaviour of the rock massif;
(l) the warning status of the project defined by the value of the deformation of the rock massif or other measurable variable dependent on the expression of the rock massif, the achievement of which requires an assessment of the underlying situation and, where appropriate, to establish measures to ensure the required stability of the frame, the objects in the overhead and the safety of work;
(m) a caption sheet of a document recording the extent of the stability of the derivative,
(n) permanent surveillance of the continuous monitoring of the work activities of staff and of the status of the workplace, in which the staff member designated by the organisation for the exercise of permanent supervision shall not be removed from and employed by staff other than supervision;
(o) geotechnic22) the competent natural person authorised to classify rock massives in technological classes of fouling;
(p) geomonitoring continuous monitoring and measurement of mechanical properties of rocks and their influence on embossed and deep works.
3) Paragraph 10 (1) of Act No. 114 / 1992 Coll., on Nature and Landscape Protection, as amended by Act No. 218 / 2004 Coll.
22) Act No. 360 / 1992 Coll., on the pursuit of the profession of authorized architects and the pursuit of the profession of authorized engineers and technicians active in construction, as amended. '
2. Paragraph 2 (4) is deleted.
3. The following Section 2a is inserted after Section 2:
(1) The obligation of staff at each stage of the procedure for compliance with this Decree is laid down by the organisations in the internal rules.
(2) When reporting activities carried out in a mining manner to the District Mining Authority, the organisation notifies the person of the race4) and its identification data. In the performance of its activities, the race shall be regarded as the manager of the staff member. ';
4. in Articles 3 (1) and (5), 7 (1) and (2), 14 (1) and (2), 21 (1), 36 (2), 51 (3), 54 (9), 56 (1), 57 (2), 58 (1), 61 (3), 92 (1), 103 (4), 133 and 151 (1) and (2), the words "management" shall be replaced by "racing"; in Articles 5 (3), 62 (2), 65 (8), 73 (1), 134 (1) and (2) and 164 (6), the words "senior management 'are replaced by the words" racing'; in Sections 14 (2), 59 (1) and 166 (2), the words "the manager 'are replaced by" the racer';
5.
Tours
(1) The place of work shall be filled only if, prior to the start of the work, including the access routes, technical surveillance has been inspected (13) or by a foreman trained and in writing appointed for the exercise of supervision. The detected defects shall be removed before the workplace is occupied. If defects directly affecting the safety of work and operation cannot be remedied, the workplace cannot be occupied.
(2) In the workplaces of tunnelling, stacks, chimneys and burnouts, and in the workplaces where the stamping is used, and in workplaces where the presence of flammable gases, vapours and dust (hereinafter "flammable gases"), the risk of water flow or water-soaked materials cannot be excluded, the racing will ensure their inspection by technical supervision at least once in the shift in which the work is carried out. The race will conduct a tour of such a workplace at least twice a week.
(3) Technical supervision checks compliance with relevant operational documentation, workplace status and access routes, safety and technological equipment and machinery at workplace inspections. If the defects identified cannot be remedied and the workers appear and are in imminent danger, technical supervision shall stop work at the workplace and arrange for the workers to go to a safe place. They shall immediately inform the racer of this measure. The results of the inspections and the measures identified shall be recorded in the relevant book on the day of the inspection.
(4) In order to ensure the safety of work and operation, racing supporting underground works shall immediately communicate to each other any knowledge relating to the safe and professional management of such works.
(5) A search of the safe condition of the available cave is carried out daily before the start of operation by an authorised employee and once every 6 months racing. He shall record the contents and results of the search without delay.
(6) The surveys referred to in paragraph 5 shall be verified at least at each time:
(a) the state of the rock massif of the accessible part of the cave and its securing against the fall of the rock;
(b) the walkability and transparency of the roads and their illumination;
(c) ventilation and air composition;
(d) cave water mode; and
(e) the functionality of the signalling of safety devices.
(7) The organisation shall provide inspections of steel and wood structures and structures at least once a year if they are exposed to moisture or aggressive substances. The inspection carried out and its contents shall be recorded by the person carrying out the inspection. ';
6. In Article 8, the following paragraph 4 is added:
"(4) The organisation shall determine the work associated with the increased risk of injury and establish permanent supervision for such work. ';
7. The following Sections 9a and 9b are inserted after Section 9, including the headings:
Staff
(1) Staff shall verify the safety of the workplace before and during work. In the event of a threat to the life, health and safety of persons and property, the work shall be stopped, notified to the foreman and carried out in accordance with Section 9b. Work can be continued once the threat has passed.
(2) Except in the cases referred to in Article 8 (2), they may not enter, stay and remove any signs of them.
(3) Staff members shall use the personal protective equipment assigned to them, shall act according to the operational documentation and regulations to ensure the safety of work and operations and shall choose such working procedures as comply with the rules on safe work. Without an order from a superior, nothing changes to operational, safety, fire, sanitation and other facilities. Only the machines, equipment, tools and tools intended for their work can be used and operated.
(4) Staff members shall not leave their place of work without the consent of the foreman or the technical supervision, except for urgent reasons, in particular danger, nausea, sudden illness or accident. Leaving for urgent reasons shall be notified without delay to the foreman and to technical supervision.
(5) Staff members shall follow the instructions resulting from safety markings, warning signals and warnings. They are also required to follow the instructions of patrols which secure the security circuit, especially during shredding operations.
(6) No open fire or smoke shall be used in areas with increased fire hazard. In exceptional cases, open fire may be used only on written orders from the organisation.
Danger
Any person who has noticed a danger which could endanger the health or lives of a person or cause an accident (accident) or a malfunction of a technical device, or any signs of such a danger, if he cannot remove it himself, shall immediately notify the technical supervision or inspection service and, as far as possible, alert any natural person likely to be in danger of such danger. ';
8. Paragraph 10, including the title, reads:
The foreman, the foreman of the underground works and the foreman of the underground works
(1) A group of two or more employees is managed by a foreman. The activity of the foreman shall be entrusted to the staff member by technical supervision.
(2) Only a staff member with at least three years of professional experience in the stamping or digging of mining or underground works may be a preponderant for the exertion or excavation of underground works and who has passed an examination of the expertise and relevant regulations to ensure safety of work and operation. The performance of the foreman for the stamping or digging of underground works is entrusted to racing workers. The scope, manner and time limits of the re-testing shall be determined by the organisation.
(3) The foreman shall ensure the safety of the group entrusted to him and ensure the safety of the workplace, compliance with the operational documentation and compliance with the orders of his superiors. If there is a clear and immediate threat to workers and they cannot be removed, they will stop the work and take the entrusted group to a safe place.
(4) When alternating shifts, the foreman shall draw the incoming foreman's attention to important facts or defects in the workplace. If it cannot do so, it shall report to technical surveillance before the shift takes place. ';
9. The fourth heading of the first heading of the title reads:
"SERIOUS WORKING INJURY, SERIOUS EVENTS, SERIOUS OPERATING NEEDS AND DANGEROUS STAFF '.
10. Paragraph 11, including the title and footnotes 6 and 7, reads as follows:
Reporting of serious accidents at work, serious incidents, serious accidents at work and dangerous conditions
(1) The organisation shall ensure the immediate reporting of serious accidents at work, serious incidents, major accidents and dangerous situations to the competent district mining authority.
(2) These serious accidents at work are reported
(a) fatal injury;
(b) an injury to a life of danger resulting in an accident with an anatomical or functional loss of an organ, a life of dangerous damage to health, including industrial poisoning, and an accident with the nature of an accident which has occurred as a result of a breach of the safety regulations and is indicative of a serious threat to the safety of operations and health at work; or
(c) a mass accident where at least 3 persons, at least one of whom has suffered a fatal injury, or more than 10 persons have been injured in the same accident.
(3) Serious events, major accidents and dangerous situations are reported, namely:
(a) ignition and explosions of flammable gases;
(b) underground fires and surface fires which threaten persons in the ground;
(c) the presence of non-breathable gases or pollutants above the permissible limit in the underground;
(d) batches of underground works which are expected to be pushed for more than 24 hours or the effects of which have occurred on the surface;
(e) water flows, including surface and waterproof materials, into underground works;
(f) leakage and leakage of dangerous substances into underground works;
(g) loss or proven leakage of the radioactive lamp or other hazardous conditions;
(h) the search for a missing person; or
(i) the death of a person underground.
(4) In addition, major events, major accidents and dangerous situations shall be reported if they occur during
(a) the handling of explosives, including accidents, poisoning with crops arising during the explosion, breaking into warehouses, theft or detection of explosives;
(b) the use of dedicated technical equipment, including electric current accidents (6); or
(c) the operation of heavy equipment, including accidents arising from the operation of heavy equipment (7).
6) Decree No. 392 / 2003 Coll., on the safety of the operation of technical equipment and on requirements for dedicated technical equipment by pressure, lifting and gas in the event of mining and mining activities, as amended by Decree No. 282 / 2007 Coll. Decree No. 75 / 2002 Coll., on the safety of the operation of electrical technical equipment used in mining and mining activities.
7) Decree No. 415 / 2003 Coll., laying down the conditions for ensuring safety and health at work and safety of operations in vertical transport and walking, as amended by Decree No. 571 / 2006 Coll. '.
11. the following Section 11a is inserted after Section 11, which includes the title:
Maintaining the status of the site of a serious occupational accident, a serious event, a dangerous condition and a serious accident (accident)
(1) Where there has been a serious occupational accident or a serious event, a dangerous condition or a serious operational accident (accident), nothing may be changed until the district mining office has carried out an examination of the site or decided otherwise, except where it is a matter of saving people's health and life and the necessary rescue work to ensure the property and safety of operations. Amendments necessary for other serious reasons may be made only with the consent of the Circular Mining Office.
(2) The organisation shall provide documentation on the location of the serious accident at work, the serious event, the dangerous condition or the serious accident at work, in particular the sketch, plan, photographs.
(3) The organisation shall keep documentation of a serious accident at work, a serious event, a dangerous condition or a serious operational accident for 5 years. ';
12.
Plan for combating a serious accident
(1) The race will ensure, in conjunction with the mining rescue service, that a mining plan is drawn up to deal with a serious operational accident (9) and updated where an obligation to process it is laid down.
(2) The plan for combating a serious accident in an operation is binding on all persons staying underground and the objects for which it is drawn up.
(3) Where there is no obligation to process a serious accident plan, it will determine the racing method for the notification and provision of persons responsible for the destruction of the accident and the list of authorities, organisations and employers to be notified of the accident.
9) Article 6 (5) of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and the State Mining Administration. '
13. Paragraph 16, including the title and footnote 23, reads as follows:
Operational documentation
(1) The relevant operational documentation, in particular the technological process, the working procedure, the transport rules, the operating rules or instructions for operation and maintenance, must be drawn up before the work or activities for which this decree is thus provided. The operating documentation shall approve the racing.
(2) The operational documentation shall determine the continuity and, where appropriate, the simultaneous nature of the operations, the conditions for the safe performance of the work, the places at risk and the way in which they are marked, the means and the instrumentation to ensure the safety of the work and the operation, and the measures to ensure the workplace for as long as it is not operated.
(3) The operational documentation shall be in accordance with the project documentation, the requirements of the rules for ensuring safety of work and operation, decisions to permit or approve the activity, construction or equipment23), the technical conditions of the manufacturer or supplier of the equipment or construction and the manufacturer's instructions for operating and maintaining the equipment.
(4) For similar activities, type operational documentation adapted to local conditions may be used.
(5) The operational documentation shall be adapted without delay when the conditions are changed.
(6) Staff members shall be informed of the operational documentation to the extent that they are concerned before work begins.
(7) The operational documentation shall be stored at a designated location accessible to staff obliged to comply with it.
(8) The operational documentation shall be kept at least one year after the completion of the work. If a fatal, life-threatening or bulk injury occurred in the execution of the work, the operational documentation shall be kept for at least 5 years after the accident.
23) Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended. Decree No. 104 / 1988 Coll., on the economical use of exclusive bearings, on the authorisation and reporting of mining activities and reporting of mining activities, as amended. '
14. the following Section 16a is inserted after Section 16, including the title and footnotes No 24 and 25:
Underground work management and requirements for project documentation
(1) The management of the underground work is only allowed according to a project which has been elaborated by the mining project24), the competence of which has been verified in accordance with the specific regulations13).
(2) The basis for the project processing is a geological and engineering geological survey, which must be processed and evaluated according to the specific regulations25) before work on the project begins. The results of the geological and engineering geological survey shall provide sufficient information to process the project documentation.
(3) The project shall include a risk analysis of factors affecting the safety of the implementation of the work and objects within the scope of possible influence based on an overall evaluation of the results of the geological and engineering geological survey. The project will divide the rock massif into quasi-homogeneous units and determine for each of the units the method of ensuring stability and technological progress of the work.
(4) The project documentation also sets out the requirements for filling and the extent of geomonitoring, sets out the zone of interference with regard to induced deformation of the superstructure, seismic effects and influence of the groundwater regime.
(5) The project documentation shall include a calculation that models the behaviour of the rock massif in the stamping of a given quasi-homogeneous unit with the proposed method of ensuring stability of the margin.
(6) The organisation shall ensure regular evaluation of geomonitoring in the light of the possible achievement of alert states and the timely application of the measures provided for in order to ensure safe implementation.
24) § 5b of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 184 / 2011 Coll.
25) Decree No. 368 / 2004 Coll., on Geological Documentation. Act No. 62 / 1988 Coll., on Geological Works, as amended. Decree No. 369 / 2004 Coll., on the design, implementation and evaluation of geological works, the notification of risk geofactors and the procedure for calculating stocks of exclusive bearings, as amended by Decree No. 18 / 2009 Coll. '.
15. Sections 17 and 18, including the headings, read:
Engineering geology documentation
(1) The management of the underground work is permitted if the geological and engineering geology documentation is processed and supplemented to provide the necessary information on the circumstances in which the work is to be conducted safely. In the event of the suspected occurrence of underground caverns, mine and ground works and other anomalies which may affect the safety of the conduct of underground works, verification of them is necessary.
(2) The Engineering Geological Documentation contains in particular information on:
(a) the division of rock massif into quasi-homogeneous units of similar characteristics, the engineering geological properties of rock massif and the deposition of rock due to the face and face of the rind, in particular from the point of view of layering, reforming and strength properties of rocks, the quality and orientation of plantations, the quality of sinuses and caverns, the consistency, the risk of rolling and rolling, permeability, drills and suitability for anchoring,
(b) the course of geological disturbances, the estimated sites with increased rock pressures, the course of covered formations, the depth of enlargements and ground water levels, the height of the total and rock environment, in the case of underground works stored shallow beneath the surface, data on the location of weakened zones in the rock massif with significantly lower structural strength, seedling sites and effluents;
(c) the recommended parameters of the individual quasi-homogeneous units of the rock massif for the calculation of the rock pressure, reinforcement dimensioning and determination of the disconnection method; and
(d) hydrogeological and gas ratios to the extent necessary for the determination of safety measures.
(3) The Engineering Geological Documentation also contains data on the surroundings of the underground work up to the distance of its possible influence. Data on the surroundings of the underground work shall also include detailed information on seismic and engineering geological conditions, the nature of the above-ground installation, the surface of the terrain and the engineering networks within the scope of possible impact on the underground part, its state and resistance to the exposition.
(4) The engineering documentation shall indicate the facts directly verified, indirectly verified or presumed.
(5) If other engineering-geological ratios are affected during the process of the stamping compared to the project, these must be evaluated before the next stamping, or if necessary a project change or additional engineering-geological survey. The scope and content of the additional survey shall be determined by the mining designer who processed the project.
(6) Engineering geology documentation shall be kept continuously with the process of mincing the underground work.
(7) The development of time deformations by geomonitoring specified by the project must be evaluated when exerting. In the event of divergent manifestations of the impact of the stamping on the rock mass, underground work and objects in the superstructure compared to the assumption in the project, it is necessary to re-evaluate the measures provided for to ensure the safety of operation and objects in the superstructure. Where necessary, these measures should be specified on the basis of a new static calculation.
(8) Part of the documentation is the method of disposal of exploratory underground works and wells.
Documentation and records
(1) In addition to the documentation required by the special regulations to ensure the safety of work and operation, the organisation shall conduct a mining activity in the underground.
(a) the exchange report book;
(b) the order book; and
(c) a register of checks.
(2) The competition shall determine where and how the books referred to in paragraph 1 (a) to (c) are to be stored and maintained and may, under local conditions, also determine that such books will be merged. The race may entrust another employee with the activities referred to in the first sentence.
(3) The books referred to in points (a) to (c) of paragraph 1 shall be kept from the date of commencement of work at the workplace until the date of cessation of operations carried out in a mining manner after each calendar month of the year. The pages must be marked in such a way that they cannot be renumbered or their order changed. The books must be available at a location designated by the race.
(4) The records of the supervisory authorities, the reporting of sensor data, sensors and similar records, for which the rules for ensuring the safety of work and operation do not require the form of books, may be carried out in a manner that allows the storage and use of data for a specified period of time.
(5) The results of the prescribed inspections, checks, measurements and analyses shall be recorded by the staff members who carried them out. Unless otherwise specified, records shall be kept for at least one year.
(6) The organisation shall keep records of training, training and testing according to the regulations to ensure safety of work and operation. ';
16. After Paragraph 18, the following Sections 18a to 18c are inserted:
Exchange Report Book
The records in the exchange report book shall be carried out by the race staff member in the relevant exchange; records in particular the essential information on:
(a) working and operating safety status of the workplace;
(b) the timing of the activities during the shift - basic operations; special activities will be recorded separately,
(c) the reasons for the interruption and renewal of the stamp or in-depth work;
(d) serious accidents at work, serious accidents at work and dangerous conditions, unless they are carried out separately;
(e) the time at which the work is started, the work is carried out and the activity of subcontractors is terminated, unless such data are kept separately;
(f) familiarisation and training of staff with changes in the safety of work and in the safety of operations, unless these data are kept separately;
(g) familiarisation and training of persons in underground work with the conditions of safety of work and operational safety, unless these data are kept separately; and
(h) the effects of unforeseeable speeches as a result of stamping, dredging or carrying out blasting work against operational documentation.
Order Book
The records in the command book shall include, in particular:
(a) racing orders to remedy deficiencies and hazardous situations;
(b) orders of technical supervision to address immediate deficiencies and hazardous situations;
(c) the orders of the competitor to implement changes to the project documentation proposed by the responsible mining designer who processed the project; and
(d) the orders and instructions of the racetrack setting out corrective measures to determine the results of the geometrical measurements.
List of checks
The records in the control book shall be carried out by the authorised staff member. The entry of logs, entries or entry must be made on the day of the check. The control book shall document in particular:
(a) inspections and records of control authorities and their conclusions;
(b) the recommended deviations or the recommended operational changes to the project documentation signed by the mining designer who processed the project;
(c) the results of the audit work carried out by the mining engineer who has carried out the project at least once a week;
(d) the implementation and results of geometrical measurements;
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Regulation Information
| Citation | Decree No. 265 / 2012 Coll., amending Decree No. 55 / 1996 Coll., on Requirements for Safety and Health at Work and Without Operation in Underground Mining Activities, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.07.2012 |
|---|---|
| Effective from | 01.09.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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