Ordinance No 9 dated 16.12.1997 on general rules formanagement of activitiesforprovision of health and safety toworkers inmines
Issued by the Minister of Labour and Social Policy, promulgatedSG, Issue 123 dated 22.12.1997, in force as of 1.01.1998, as amended and supplemented,Issue 68 dated 1.08.2003, in force as of2.08.2004, Issue 101 dated 4.12.2007.
Section I
General
Article 1.(As amended - SG, Issue 68 dated 2003) This Ordinance determines theminimum requirements forprovision of safety andhealth ofworkers in mines.
Article 2. (1) (As amended - SG, Issue 68 dated 2003) This Ordinance applies in all mines, involving the mining of coal and minerals,save for mineral extraction by way of drilling.
(2) (New - SG, Issue 68 dated 2003) The ordinance also applies during the preparation ofmined/extracted materialsfor sale, save for activities forprocessing ofextracted raw materials.
(3) (FormerParagraph 2 - SG, Issue 68 dated 2003, as amendedIssue 101 dated 2007) This ordinance also applies for theunderground construction sites.
Article 3.(As amended - SG, Issue 68 dated 2003) This ordinance applies togetherwith the normative deedspertaining to the provision ofhealthy and safe labour conditions.
Section II
Obligations of employer
Article 4. (1) The employer must undertake all requisite measuresensuring health and safety of workersin the mine.
(2) The employer must organizethe risk assessmentdepending on thespecific hazards of the mineand must provideprotective measuresrelated to:
1. risk elimination;
2. control of reasons leading to the arising risk;
3. limitation to a maximum extent ofrisk via the implementation oftechnical and organizational means, including the design of safework systems;
4. provision and use ofpersonal protective devicesin cases of existing risk.
Article 4а.(New - SG, Issue 68 dated 2003) (1) Prior to commencement of mine’s operationthe employer must draw andapprovea section related tohealth and safetyduring work in the mineas part of theannual technical projectpertaining to the mine’s development, indicatingcoverage of respective requirements, arising from the normative deedsfor provision ofhealthy and safe labour conditions, in particularly indicating that:
1. risks at the workplaces/workstationswere established andassessed;
2. respective measures were envisionedfor provision of labour health and safety,in line with the ordinance’s requirements;
3. the structure, use, and maintenance ofworkplaces andoperating equipmentaresafe.
(2) The section pertaining to labour health and safetyin the mineshall be subjected to review andupdatingin the eventnew workplaces are createdand in case of material changes/modificationsand reconstructions ofexisting workplaces, production processes, organization of labour, mechanization/plant, etc., but not less thanonce a year.
Article 5.The obligations of employer related toprovision of labour health and safety to workers in the mine encompasses:
1. mine maintenanceduring the time ofconstruction, operation, andclosingin a mannerensuring workers can perform their assignedwork/tasks, excluding health and safety related risks threatening workersand other persons;
2. (As amended - SG, Issue 68 dated 2003) provision of at least twoindependent exitsfrom theworkplaceensuring safe evacuationof workers in the event of danger; the exits must be constructed in a reliable mannerand must provide easy access toworkers undergroundand if passage through said exits requiressignificant physical effort–the exits must be outfitted withmechanizedfacilities/installations;
2a. (New - SG, Issue 68 dated 2003) provision of access to workplaces,excluding risk to workers, and speedy and safe evacuation during emergency situations;
2b. (New - SG, Issue 68 dated 2003) in the event of need provision oftraffic directions and signaling, when transport means or machines are used at the workplaces;
2c. (New - SG, Issue 101 dated 2007) designation and marking, maintenance, and controlof traffic routesand access routesin line with the established requirements;
3. permanent observation of movement of layersand adoption of measures for:
a) consolidation/stabilizationof underground mine developments,save for cases involving the use ofmethods for controlledbreaking up;
b) prevention andlimitation oflandslide formation;
4. (Supplemented - SG, issue 68 dated 2003) provision of monitoring, assessment, andregular inspectionof state ofwork environmentof sectionsforascertainment ofexisting hazardsorprobability fortheir manifestation,such as:
а) (New - SG, Issue 68 dated 2003) the activities executed at the workplacesmust be directed and controlledon part ofauthorized person;
b) (New - SG, Issue 68 dated 2003) a person authorized on part ofemployer mustvisit and conduct control offunctioning workplacesat least once during every shift, when this is required by the sectionfor health and safetyduring work at the mine;
c) (New - SG, Issue 68 dated 2003) the employer mayexecute the control envisioned pursuant toletter "b" in person, in the event it possesses the qualifications and skills required for this purpose;
5. provision of suitable ventilationfor underground sections, with permitted access, and for other sections, wherever required, for maintenance of suitable work environment, where:
a) (As amended - SG, Issue 68 dated 2003) the content of dust, gases, hazardous chemical and radioactive substances, andmicroclimate (temperature, humidity, and air ventilation velocity) conform to the respective norms;
b) the risk ofexplosions must beeliminated orreduced to a minimum;
5a. (New - SG, Issue 68 dated 2003) provision of adequate, coordinated in line with theutilized work methodsand physiological needs of workersfresh air flowfor ventilation of underground sections andworkplacesin closedpremisesor other closed spaces on the surface;
5b. (New - SG, Issue 101 dated 2007) provision of mechanical/forced ventilation, where the requirements of Item 5 and 5а cannot be attained bythe use ofnatural ventilation,and:
a) adoption of measures forprovision ofstable and uninterrupted operation ofthe ventilation;
b) ongoing control andautomatic signalingupon established pressure dropofmain fans, or in the event of unforeseeninterruptions of their operation;
6. elimination or reduction of risks to workers, resulting from their exposure to the effects ofchemical, biological, andphysical hazards, via the implementation of technicalororganizational measures;
7. measures banningintroduction underground of any objects orsubstances, which may cause fire, explosion, ordangerous accident/incident;
8. organization of control oftransportation, storage, provisionand use ofblasting substances and materials, used in themining process;
9. provision of operating safety ofelectrical equipment and installations;
10. (As amended - SG, Issue 68 dated 2003) provision of operational action planscontaining detailed descriptionofprotective measures, directed towards the creation ofa system for safe work andprotection of workers, located at particularly hazardous cones, including hazard of:
a) fire;
b) explosion of gases and otheraerosols;
c) sudden/unexpected discharge ofcoal and gas;
d) interruption of ventilation;
e) breakage, falls, and discharge ofrock mass;
f) inrush of waterand strongly waterlogged earthmaterials;
g) rapid deformationsresulting from seismicand othernatural calamitiesofminingdevelopments, supporting constructions and other facilities;
h) sudden appearance ofexplosion hazardousand/ormedia posing health hazards;
i) other dangerous occurrencesand circumstances ofnatural andtechnicalnature;
11. (As amended - SG, Issue 68 dated 2003) undertaking protection measures, corresponding to thenature of work in the mine forprevention, detection, andfighting the origination and spread of fire andexplosionand for prevention ofappearance ofexplosion hazardousand/orhealth hazardous media;
11а. (New - SG, Issue 68 dated 2003) undertaking measures forascertainment ofhazardous zones, for protection of workers inheadings/faces, for workerspassing nearby and workers located in the immediate vicinityand for control of riskresulting from the hazards;
12. provision ofwork stoppage andevacuation of workers to asafe locationin the event ofserious danger totheir health and safety;
13. (New - SG, Issue 68 dated 2003) execution of workincluding specific riskmust be assignedonly to workerspossessing requisite qualifications and skillsand the work must be performedin line with the issued instructions, which must be clear to all persons to which they pertain;
14. (New - SG, Issue 68 dated 2003) provision of requisitewarning and other communications systemsfor the purpose ofimmediate provision of aid, evacuation, and performance ofemergency and rescueoperations,if required.
Article 6.The employer must providethe preparation of emergency action plan in the event ofemergencies, coordinated in line with themine specifics, the foreseeable industrial accidents andnatural calamities, including:
a) plans for all participants;
b) instructions forwork stoppage andevacuation of workers;
c) personnel training foractions under extraordinary(emergency) situation and useof respective equipment;
d) protection of people and environment;
e) system forinformation and consultations withcompetent ministries and organizations.
Article 6а.(New - SG, issue 68 dated 2003) (1) At the workplaces, where workers are usually located, in conformity with the emergency plan,periodic safety training is conducted.
(2) The training is used toverify the skillsand to improve thepreparation ofworkers, including workersassignedspecific obligationsduring the time of accidents, including the use, servicing, and operationofemergency equipment.
Article 6b.(New - SG, issue 68 dated 2003) (1) In the first aid room at visible location/sclear and legible instructions must be posted instructing workersregarding the provision of first aid in the event of accidents.
(2) (As amended - SG, Issue 101 dated 2007) At all workplaces, where work conditions so require, first aid provision means must be located. These means must be suitableto the performed activities, must possess conformity markings, when required by a normative deed, must be easily accessible,and their location must be indicatedby the establishedsafety signs.
(3) An adequate number of workers prepared for the task must be ensured for provision of first aidand use of first aid means.
Article 7. (1) In the event of presence ofchemical, biological, andphysical hazards,the employer must informworkers in a suitable mannerand must familiarize them with the risksto their healthand with the need for application ofrespectivesafety and protection measures.
(2) The chemical, biological, andphysical hazardsare related to:
a) dust;
b) flammable, toxic,etc.mine gases;
c) (As amended - SG, issue 68 dated 2003) suffocating andpoisonous substances;
d) waste gases ofdiesel engines;
e) oxygen deficiency;
f) radiation from the rock layers, equipment, or othersources;
g) noise and vibration;
h) extreme temperatures;
i) high humidity levels;
j) inadequate ventilation;
k) inadequate lighting;
l) hazards related to the workperformed at great heightor depthor in closed/restricted spaces;
m) hazards involvingwork performed with the hands;
n) hazards involving mechanical equipmentand electrical installations;
o) combination of specified hazards.
(3) (New - SG, issue 68 dated 2003) The information regarding the hazards, measuressubject to undertaking forelimination, reduction, andcontrol ofrisks, as well as the rules, instructions and directions, which must be performed for ensuring health and safetyduring work, must be prepared in a languagewhich is clear and understandable to the workers.
Article 8. (1) When the protection from risk orhealth impairment of workerscannot beguaranteed by othereffective measures, the employermust provide andmaintain, not to worker’s account, collective protection facilitiesandsuitable individual protection means.
(2) (As amended- SG, issue 68 dated 2003) For minesposing probable risk of gas explosion, the appearance of other gases in the mine’s atmosphereoroxygen deficiency, the employer must provide for allpersons working undergroundsuitableself-rescue devices, available at all times at their disposal.
(3) (New - SG, issue 68 dated 2003)The self-rescue devices must be obtained and returned on part ofworkers on the surface,prior to commencement and after completion of thework,based upon the established orderalong with conduction of regular inspections of their correct functioning.
(4) (New - SG, issue 68 dated 2003)At easily accessible andsuitably arranged locations, indicated by theestablishedsafety signs, provision must take place ofrequiredrescue means/devicesready to use in the event of an accident.
Article 9.Workers having sufferedlabour accident or illnessmust be provided on part of employer withinitial and first aidmedical aid, suitable transportation from theworkplaceandrespectivemedical services/treatment.
Article 10. (1) For performance of actionsin the event of accidentsand for provision ofrescue andfirst medical aidtoworkers,the employer must createhazard action teams–mine rescue services, equipped with the respectivemedical and other equipment.
(2) The effective activities of the hazard action teamsrequire:
1. creation of organization for their operation;
2. education andtraining exercisesexecuted under anapproved program;
3. periodic medical assessmentfor fitness of personson the teams;
4. coordination with local authorities;
5. provision of suitable communications system.
Article. 11. (1) For provision of safe work in line with therequirements of the normative deeds theemployerorganizesobservation and inspectionsof each workplace, the mine’s atmosphere, supports/stabilization, mining geological conditions, machines, facilities, anddevices.
(2) The employer must store theprotocols of the inspections, establishedfaults, andadopted measures for their elimination.
Article 12. (1) (Former text ofArticle 12 - SG, issue 68 dated 2003) The employermust create a systemvia which the names and locations of allpersons working undergroundcan be established at any time.
(2) (New - SG, Issue 68 dated 2003) Workers working at isolated placesmust be provided with the respective controlor communication means.
Article 12а.(New - SG, issue 68 dated 2003) (1) The employer mustappoint a worker/official responsible for the performed work, possessing requisite skills and qualificationfor performance of said obligationfor each workplaceduring the time workers are present.
(2) The employer may personally assume responsibility for therespectiveworkplace pursuant to the provisions ofParagraph 1under condition it possesses the requisite qualifications and skills required for the purpose.
Article 12b.(New - SG, issue 68 dated 2003 г.) (1) Written instructions must be provided for each workplace, specifying the rules, technical and organizational measures, which must be observedto ensure the health and safety of workersand safe use of the equipment.
(2) The instructions pursuant toParagraph 1 must be clearand understandable to theworkers.
(3) The instructions pursuant to Paragraph 1 also include informationregarding the mode of utilization of theemergency equipmentand regarding the actions subject to undertakingin the event of an accident at or near the workplace.
Article 12c.(New - SG, Issue 68 dated 2003) (1) The section pertaining to health and safety during work in the mine must also define casesproviding permission for work–on duty details, in the event of performing:
1. activitiesresulting in hazards tohealth and safetyof workers;
2. work, which when combinedwith usual activitiesmay lead to grave danger.
(2) Permission for work is issued on part ofthe responsible personprior to commencement of workand it must specify theconditionssubject to executionand the protective measures subject to adoptionprior to commencement, during, andafter performanceof the work.
Article 12d.(New - SG, Issue 68 dated 2003) The employer is obligated toprovideregular review ofadopted health and safety measuresduring workand of the health and safety management system during work, in order to provide observation of theordinance and the remainingnormative deeds in thisfield.
Article 12e.(New - SG, issue 68 dated 2003) (1) The following is used in mines:
1. mechanical operating equipmentpossessing the requisite strength, excluding evident defectsand suitable for use in therespective locations;
2. electricaloperating equipment possessing parameters andpower capacity, suitable for theforeseeable application objectives;
3. electrical installations of adequate power capacity, suitable for the foreseeable application objectives.
(2) The work/operating equipmentand electrical installationsmust be installed and provided withrespective protectionin a manner preventing possible hazards.
Article 12f.(New - SG, issue 68 dated 2003) (1) Suitable schemes and schedule/sforsystem inspection, maintenance,and whenever required– testing of operating equipment andelectrical installations are established for work in mines.
(2) All operations involving themaintenance, inspection, andtesting ofany part of theinstallations and equipment must be executed on part of a personpossessing suitablequalifications.
(3) The data from theinspections and testingmust be recorded and storedin line with the established order.
Article 12g.(New - SG, issue 68 dated 2003) (1) Ready and fit for useprotective equipment andequipment intended for use in the event ofdanger must be maintained at all times.
(2) The means/equipment pursuant toParagraph 1 must be maintained taking into accounttheir respective operating conditions.
Article 12h.(New - SG, issue 68 dated 2003) (1) Measurements of the concentration and requisite measures must be undertaken to assess thepresence ofharmfuland/or potentiallyexplosive hazardous substancesin the air of the work environment.
(2) When this is requiredby the section on health and safetyduring the work in mines, suitable locations must be outfitted with: devices for automated measurementand ongoinginspection ofgas concentration, automated alarm systemsand devices forautomatedpowering down ofelectrical installationsand theinternal combustion engines.
(3) When automated measurements are envisioned, the measured values must be recordedand the documentation must be storedin line with therecommendation contained in thesectionpertaining to health and safety of work in the mine.
(4) The use ofopen flame andperformance of anyoperationsand activities undergroundwhich may result in danger of fire are disallowed, unless the respective protective measures are adoptedfor preventionof fire andexplosion.
Article 12i.(New - SG, issue 68 dated 2003) (1) All requisite measures must be adopted for disallowingand/or limitingthe formation and accumulationofexplosion hazardous media.
(2) Requisite actions must be undertaken in sections whererisks exist ofexplosionforprevention ofignition ofexplosion hazardous mixtures.
(3) In order to ensure explosion prevention,a plan must be executed and approved, containing detailed descriptionof requisite equipmentandrequired protection measures.
Article 12j.(New - SG, issue 68 dated 2003) (1) Upon accumulationor in the event of possibility for accumulation ofharmful substancesin the air of the work environment, measures must be adopted for:
1. termination of their accumulationat the source of theharmful substances;
2. their retention at the source andremoval;
3. transportation of these substancesto a location and in a manneravoiding risk toworkers.
(2) The measures pursuant toParagraph 1 must provide mixing anddilution of theseharmful substances in a mannernot endangering workers.
Article 12k.(New - SG, issue 68 dated 2003) (1) The sections where workersmay be exposed towork air media harmful to the healthmust be provided with suitable andadequate in numberrespiratory protection means/equipmentand equipment for restoration of respiratory activity.
(2) For work in workplaces specified pursuant toParagraph 1 workers must be trained andprepared for the use of such means/equipment.
(3) The protective means/equipmentmust be stored and maintained in line with therelevant requirements.
(4) If toxic gases may enter the air of the work environment, a protection plan must be prepared, containingdetailed description ofavailableprotective means/equipmentand adopted preventive measures.
Article 12l.(New - SG, Issue 68 dated 2003) (1) During the design, construction, outfitting, commissioning into operation, functioning and maintenanceof workplacesrequisite measures must be undertakento prevent the origination andspread of firefrom the sourcesspecified in thesection pertaining to the health and safety during work in the mine.
(2) Potentially hazardous workplacesdemand obligatorycreation of conditionsfor speedy andeffectivefirefighting.
(3) The workplaces must be providedwith suitablefirefighting equipment andwhenever required–fire detection andalarm systems.
(4) The non-automated/manualfirefighting equipmentmust be readily accessible, easy to useand whenever required–protected against faults/damage.