805 KAR 4:075.
General blasting provisions.
RELATES TO: KRS
351.350
STATUTORY AUTHORITY:
KRS Chapter 13A, 351.335
NECESSITY, FUNCTION,
AND CONFORMITY: KRS 351.335 requires the Department for Natural Resources to
promulgate rules and administrative regulations concerning the manufacture,
transportation, sale, storage, or use of explosives and unassembled components
of explosives, and the maintenance of such explosives which has a direct
bearing on safety to life and property. This administrative regulation effects
the provisions of that law.
Section 1. (1) An
employer shall permit only authorized and qualified persons to handle and use
explosives.
(2) Smoking,
firearms, matches, open flame lamps, and other fires, flame, or heat producing
devices and sparks shall be prohibited in or near explosive magazines or while
explosives are being handled, transported, or used.
(3) No person shall
be allowed to handle or use explosives while under the influence of
intoxicating liquors, narcotics, or other dangerous drugs.
(4) All explosives
shall be accounted for at all times. Explosives not being used shall be kept in
a locked magazine, unavailable to persons not authorized to handle them. The
employer shall maintain an inventory and use record of all explosives.
Appropriate authorities shall be notified of any loss, theft, or unauthorized
entry into a magazine.
(5) No explosives or
blasting agents shall be abandoned.
(6) No fire shall be
fought where the fire is in imminent danger of contact with explosives. All
employees shall be removed to a safe area and the fire area guarded against
intruders.
(7) Original
containers or equivalent packaging materials, shall be used for taking
detonators and other explosives from storage magazines to the blasting area.
(8) When blasting is
done in congested areas or in proximity to a structure, railway, or highway, or
any other installation that may be damaged, the blaster shall take special
precautions in the loading, delaying, initiation, and confinement of each blast
with mats or other methods so as to control the throw of fragments, and thus
prevent bodily injury or death.
(9) Employees
authorized to prepare explosive charges or conduct blasting operations shall
use every reasonable precaution including, but not limited to, visual and
audible warning signals, flags, or barricades, to ensure safety to all persons.
(10) In so far as
possible, blasting operations above ground shall be conducted between sunup and
sundown.
(11) Empty boxes and
paper and fiber packing materials which have previously contained high
explosives shall not be used again for any purpose, but shall be destroyed by
burning at an approved location.
(12) Explosives,
blasting agents, and blasting supplies that are obviously deteriorated or
damaged shall not be used.
(13) Delivery and
issue of explosives shall only be made by and to authorized persons and into
authorized magazines or approved temporary storage or handling areas.
(14) Blasting
operations in the proximity of overhead power lines, communication lines,
utility services, or other services or structures shall not be carried on until
the operators and/or owners have been notified at least twenty-four (24) hours
in advance and measures for safe control have been taken.
(15) The use of
black powder shall be prohibited, except when a desired result cannot be
obtained with another type of explosive such as in quarrying certain types of
dimension stone.
(16) All loading and
firing shall be directed and supervised by competent persons thoroughly experienced
in this field.
(17) No one shall be
permitted to carry detonators or primers of any kind on his person; provided,
however, that it shall not be unlawful to carry detonators or primers in one's
hands. (2 Ky.R. 610; Am. 3 Ky.R. 319; eff. 9-1-76; 4 Ky.R. 303, 427; eff.
5-3-78; 17 Ky.R. 3268; eff. 6-26-91; TAm eff. 8-9-2007.)
