Summary
The Borehole Sites and Operations Regulations 1995 establish health and safety requirements for borehole sites involved in mineral extraction and prospecting. They define key roles (operator, owner), impose notification duties on the Health and Safety Executive (including 21-day advance notice for petroleum operations and drilling within mining areas), require preparation of health and safety documents with risk assessments, escape and fire plans, and gas detection provisions. The regulations impose duties on operators to exercise overall control, on employers to cooperate, and require health surveillance for workers. They apply to onshore operations only, excluding offshore installations.
Reason
While this regulation imposes compliance costs, borehole operations present genuine and substantial risks: blowouts, uncontrolled fluid release, flammable gas escape, and geological hazards affecting nearby mining operations. The 21-day notification requirement and mandatory risk documentation serve to identify and mitigate hazards that private liability law alone may not adequately address, given the potential for catastrophic accidents affecting third parties and the environment. The defence provision (all reasonable precautions and due diligence) provides proportionality. Without this framework, Britons would face higher risks of death, injury, and environmental contamination from poorly managed borehole operations, particularly petroleum operations where reservoir integrity failures can cause irreversible harm.