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7 1965



Workmen's Inspections

Periodical inspection on behalf of workmen.

105. —(1) The workmen employed at a mine or quarry may, at their own cost, appoint two persons who are or have been practical miners or quarriers as the case may be, for a period of not less than five years (one of whom at least is employed at the mine or quarry) to inspect the mine or quarry.

(2) The owner of the mine or quarry shall be under an obligation to permit such inspections to be carried out thereat by such duly appointed persons (in this section referred to as “workmen's inspectors”) as will enable every part thereof and the equipment thereof to be inspected once at least in every month.

(3) Where there occurs at a mine or quarry an accident or other occurrence (being in either case one of which notice is required by this Act to be given) the two workmen's inspectors may together inspect the place where it occurred and, so far as necessary for the purpose of ascertaining its cause, any other part of the mine or quarry and any machinery, apparatus or other thing thereat and may take samples of the atmosphere at that place and of any dust or water thereat.

(4) On any occasion on which an inspection is carried out by the workmen's inspectors under subsection (2) or (3), they—

(a) shall be entitled to inspect any documents which by or under this Act are required to be kept at the office at the mine or quarry or at such other place as may be approved by an inspector;

(b) shall be entitled to be accompanied by advisers of theirs but shall not be entitled to preclude from accompanying them any of the following persons—

(i) in the case of an inspection at a mine, the owner and any person nominated by him, the manager and any person nominated by him;

(ii) in the case of an inspection at a quarry, the owner and any person nominated by him and the manager and any person nominated by him.

(5) On any occasion on which workmen's inspectors are, under subsection (2) or (3), carrying out an inspection at the mine or quarry, it shall be the duty of all persons employed thereat to afford to them such facilities and assistance with respect to matters or things to which the respective responsibilities of those persons extend as are necessary to carry out the inspection.

(6) Forthwith after workmen's inspectors have, on any occasion, completed an inspection under subsection (2) or (3), they shall make, in a book to be provided for that purpose by the owner of the mine or quarry, a full and accurate report of the matters ascertained as a result of the inspection and shall subscribe their signatures thereto.

(7) Forthwith after the report has been made, a true copy thereof shall be sent to the inspector and another such copy shall be posted in some conspicuous position at the mine or quarry and kept posted there for a period of twenty-four hours.