C.—l 3.

6. Recommendations— 1. \'t'litilatioii. It is obvious from the evidence before this Commission, as indeed it litis been obvious from the evidence given before other Commissions set up to inquire into mine disasters, that it is essential for the safety of every mine that the ventilation system should operate efficiently. Provisions designed to ensure the efficient operation of the ventilating appliances are contained in Regulations 177 to 184 of the Coal-mines Regulations 1939. During the hearing there seemed to be some doubt in the minds of witnesses holding responsible mining appointments as to the true interpretation of these regulations. Our attention was drawn in the first place to the circumstance that Regulation 179 (1) requires a mechanical ventilation appliance to operate not only while there are any " -persons " in the mine, but also during the preceding eight hours, whereas subsection (2) of the same regulation requires a ventilating-appliance to operate while there are " persons " in the mine and for two hours before " workmen " enter the mine. A suggestion was made to us, and of some weight, that the distinction drawn between " persons" and " workmen " was so drawn designedly with the intention that in naked-light mines it should not' be necessary for examining deputies and other officials to wait for two hours after the starting of the fan before entering the mine. Inasmuch as the loss of life in the present case was attributable to the fan not being started before the examining deputies entered the mine on the Sunday morning, and although we think that this constituted a breach of Regulation 179 (2), it would make the obligation to start the fan clearer and more definite if the word " persons " were substituted for the word " workmen " in that subsection. This should not, however, be made to apply in the case of naked-light mines on days upon which no work of any kind was to be carried out except the examination of the workings by officials. In such cases the running of the fan for half an hour prior to the mine being entered should lie sufficient. Another suggestion was made to us that the term " ventilation machinery driven by mechanical power " as used in Regulations 180 and 181 did not include a ventilating-fan driven by electricity. In our opinion, there was no substance in the suggestion, because it is obvious that an electric motor driving a fan is a mechanical appliance, the electricity merely providing the motivating power as steam provides the motivating power for steam-driven machinery. Again, it was argued that while Regulations 181 to 184 make provision for the duties of persons in charge of ventilating-machines there was no obligation under the regulation for the mineowner to appoint such a person, and if in fact no such person had been appointed, then those regulations had no application to that particular case. We have no doubt as to the true intent of the framers of these regulations, but the omission from the regulations of the obligation to make such appointment leaves a loophole for their evasion. Many mineowners, we are given to understand, do appoint fan-attendants. In this case no fanattendant had been appointed, and it appeared to be nobody's specific duty to tend the fan or the automatic indicator registering the water-gauge. We are of opinion that a regulation should be framed making the appointment of a fan-attendant obligatory. His duties need not necessarily be confined to attendance at the fan alone, but lie could carry out other duties not inconsistent with the duties imposed on fan-attendants by the regulations. It would probably make for efficiency if fan-attendants were appointed in writing and their duties were set out clearly in their appointments. Again, it was suggested that the regulations made no provision for emergencies which might arise by reason of which it might be essential that persons should enter the mine while ventilatingappliances were not running. We think that a proviso could well be made in the regulations to meet such a circumstance, and that every case where men are required by the mine-manager to enter the mine in the case of emergency without the fan running should be recorded and notified to the Inspector of Mines. It was also pointed out that the regulation made no provision for temporary stoppages of the fan. This is another matter which we think could be provided against by a further amendment to these regulations, it is undesirable that regulations should be such as to lead to any laxity in the interpretation thereof as seems to have been the case in the matter before us. We therefore recommend as follows : — (1) That Regulation 179 be amended as under —• In paragraph 2 alter " workmen " to " persons ", and add — " Provided that on Sundays or other days on which there is no work being done in the mine other than an examination by the officials it shall be sufficient compliance with this regulation if the said officials see that the ventilating-appliances are running continuously for thirty minutes before they enter the mine." Add proviso to paragraphs 1 and 2 — " Provided, further, that in any case which the mine-manager regards as a case of extreme emergency it shall not be an offence under these regulations for persons to enter the mine while the ventilating-appliances are not running, but in any such case the limit of time that men may remain in the mine while the fan is stopped shall not exceed the minimum required to overcome the emergency, and, further, the circumstances of each such case shall be forthwith reported by the mine-manager in a report-book to be kept for that purpose, and a copy of eacli such report, stating the reasons which in the opinion of the manager constituted a state of emergency, shall be forwarded to the Inspector of Mines." (2) That new Regulation 179 (a) be adopted — " In the event of a stoppage of the ventilating-appliances while workmen are in a mine the underground officials shall withdraw the workmen from the working-places and order them to proceed without delay to the nearest underground station appointed as provided in section 127 of the principal Act.

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