Finian McGrath (Dublin North Central, Independent)
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Question 145: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the responsibility she has if the conditions of legislation as set out in the Mines and Quarries Act, 1965 were not respected, that is, work of inspectors who were appointed to examine the mines to make sure they were fully ventilated and that dust was controlled; and if she will make a statement on the matter. [15842/09]

Mary Coughlan (Donegal South West, Fianna Fail)
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The primary responsibility for health and safety in private-sector workplaces does not rest with the State. It rests with those who control such workplaces and those who work in them.

The basic law governing health and safety at work is to be found in the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) and Regulations made under it, including the Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007). There is also a body of sector-specific legislation which applies to Mines namely the Mines and Quarries Act 1965 (No. 7 of 1965) and Regulations made under it as well as the Safety, Health and Welfare at Work (Extractive Industries) Regulations 1997 (S.I. No. 467 of 1997).

In line with a process concluded in 2007 in relation to the quarrying sector, which resulted in revised Regulations, proposals for the rationalisation of mining legislation are currently being developed by the Health and Safety Authority. Under the current health and safety legislation for the sector, it is the duty of the manager of a mine to take such steps as are necessary to facilitate below ground ventilation in the mine for the purposes of (i) diluting gases that are inflammable or noxious so as to render them harmless and removing them, and (ii) providing air containing a sufficiency of oxygen.

Due to the complex nature of mining operations and the potential for multiple fatalities from major incidents - such as from fire below ground, inrush and collapse – the Health and Safety Authority has specialist mining inspectors to carry out inspections at mines.

The Mines and Quarries Act 1965 provides that where a Health and Safety Authority inspector is of opinion that in the interests of the safety or health of the persons employed, it is necessary or expedient to improve the ventilation produced in any part of that mine that is required to be ventilated, the inspector may serve on the manager of the mine a notice requiring either that (i) ventilation which is produced in that part of the mine must conform to specified requirements, or (ii) works for the purpose of improving the ventilation in that part of the mine are put in place.

In excess of 1,500 inspections have been carried out by the Health and Safety Authority in the Mines and Quarries sector over the past three years. The total number of enforcement actions was 164, in addition to 555 written advices. Further details can be found in the Authority's Annual Reports which are public documents. As the number of quarries far exceeds the number of operational mines, of which there are four underground mines currently operating in Ireland, the number of specific mining inspections were 24 in the years 2006 and 2007.