805 KAR 4:075. General blasting provisions

Link to law: http://www.lrc.ky.gov/kar/805/004/075.htm
Published: 2015

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      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.)