803 KAR 2:420. Blasting and use of
explosives.
RELATES TO: KRS 338.051(3), 338.061, 29
C.F.R. 1926
STATUTORY AUTHORITY: KRS 338.051(3),
338.061, 29 C.F.R. 1926
NECESSITY, FUNCTION, AND CONFORMITY: KRS
338.051 and 338.061 authorize the Kentucky Occupational Safety and Health Standards
Board to adopt and promulgate occupational safety and health administrative
regulations. KRS 338.061(2) provides that the board may incorporate by
reference established federal standards and national consensus standards. The
following administrative regulation contains those standards to be enforced by
the Division of Occupational Safety and Health Compliance in the area of
construction.
Section 1. Precautions to be taken to
prevent accidental discharge of electric blasting caps from current induced by
radar, radio transmitters, lightning, adjacent powerlines dust storms, or other
sources of extraneous electricity.
(1) The language in subsection (2) of
this section shall apply in lieu of 29 C.F.R. 1926.900(k)(3)(i).
(a) 1926.900(k)(3)(i), The prominent
display of adequate signs warning against the use of mobile radio transmitters,
on all roads within 1,000 feet of blasting operations. Whenever adherence to
this 1,000 foot distance would create an operational handicap, a competent person
shall be consulted to evaluate the particular situation, and alternative
provisions may be made which are adequately designed to prevent premature
firing of electric blasting caps. The competent person may be a blaster
certified by the Kentucky Department of Mines and Minerals with a working
knowledge of mobile radio transmission and receiving hazards as related to use
of electric blasting cap firing systems and designated by the employer. A
description of any alternative shall be in writing describing the unusual
conditions at the site and the alternative measure used. The description shall
be maintained at the construction site during the duration of the work and
shall be available for inspection by representatives of the Secretary, Kentucky
Labor Cabinet.
(b) 1926.900(k)(4), Ensuring that mobile
radio transmitters which are less than 100 feet away from electric blasting
caps, in other than original containers, shall be deenergized, and have the
radio transmission circuit or vehicle effectively locked against transmitter
usage.
(2) 29 C.F.R. 1926.900(k)(3)(i) is
amended to read: The prominent display of adequate signs warning against the
use of mobile radio transmitters, on all roads within 1,000 feet of blasting
operations. Whenever adherence to this 1,000 foot distance would create an operational
handicap, a competent person shall be consulted to evaluate the particular
situation, and alternative provisions may be made which are adequately designed
to prevent premature firing of electric blasting caps. The competent person may
be a blaster certified by the Kentucky Department of Mines and Minerals with a
working knowledge of mobile radio transmission and receiving hazards as related
to use of electric blasting cap firing systems and designated by the employer.
A description of any alternative shall be in writing describing the unusual
conditions at the site and the alternative measure used. The description shall
be maintained at the construction site during the duration of the work and
shall be available for inspection by representatives of the Secretary, Kentucky
Labor Cabinet.
(3) The language in subsection (4) of
this section shall apply in lieu of 29 C.F.R. 1926.900(k)(4).
(4) 29 C.F.R. 1926.900(k)(4) is amended
to read: Ensuring that mobile radio transmitters which are less than 100 feet
away from electric blasting caps, in other than original containers, shall be
deenergized, and have the radio transmission circuit or vehicle effectively
locked against transmitter usage.
Section 2. Use of Black Powder. (1) The
language in subsection (2) of this section shall apply in lieu of 29 C.F.R.
1926.900(p).
(2) 29 C.F.R. 1926.900(p) is amended to
read: 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.
Section 3. Electric Blast Initiation. (1)
The language in subsection (2) of this section shall apply in lieu of 29 C.F.R.
1926.900(r).
(2) 29 C.F.R. 1926.900(r) is amended to
read: All electric blasts shall be fired with an electric blasting machine or
properly designed electric power source, and in accordance with the provisions
of subsection.906(a) and (r).
Section 4. Transporting of Explosives or
Blasting Agents. (1) The language in subsection (2) of this section shall apply
in lieu of 29 C.F.R. 1926.902(d).
(2) 29 C.F.R. 1926.902(d) is amended to
read: Explosives or blasting agents shall be transported in separate vehicles
unless the detonators are packaged in specified containers and transported all
in compliance with DOT Regulation 49 C.F.R. 177.835(g).
Section 5. Underground Transportation of
Explosives. (1) The language in subsection (2) of this section shall apply in
lieu of 29 C.F.R. 1926.903(o).
(2) 29 C.F.R. 1926.903(o) is deleted.
Section 6. Loading of Explosives or
Blasting Agents. (1) The language in subsection (2) of this section shall apply
in lieu of 29 C.F.R. 1926.905(h).
(2) 29 C.F.R. 1926.905(h) is amended to
read: Machines and all tools not used for loading explosives into the boreholes
shall be removed from the immediate location of holes before explosives are
delivered. Equipment shall not be operated within fifty (50) feet of a loaded
hole except that which is required when the containment of the blast is
necessary to prevent flyrock. When equipment or machinery is used to place
mats, overburden, or protective material on the shot area, a competent person
(who may be a blaster certified by the Kentucky Department of Mines and
Minerals) shall implement adequate precautions to protect the lead wires or
initiating systems such as protecting the components from direct contact with
materials which sever, damage, impact, or conduct stray currents to the
explosives system. This would include preventing the dragging of blasting mats
or running over the holes and systems with the equipment used.
(3) The language in subsection (4) of
this section shall apply in lieu of 29 C.F.R. 1926.905(i).
(4) 1926.905(i) is amended to read: No
activity of any nature other than that which is required for loading holes with
explosives and preparation required for initiating the blast and containment of
flyrock from the blast shall be permitted in a blast area.
(5) The language in subsection (6) of
this section shall apply in lieu of 29 C.F.R. 1926.905(k).
(6) 29 C.F.R. 1926.905(k), Holes shall be
inspected prior to loading to determine depth and conditions. When necessary to
drill a hole in proximity to a charged or misfired hole, the distance between
these two (2) holes must be greater than the depth being drilled and precautions
taken to ensure the integrity of any adjacent charged hole or misfired hole.
This distance must be determined by a competent person (who may be a blaster
certified by the Kentucky Department of Mines and Minerals) in order to insure
that there is no danger of intersecting the charged or misfired hole.
(7) The language in subsection (8) of
this section shall apply in lieu of 29 C.F.R. 1926.905(n).
(8) 29 C.F.R. 1926.905(n) is amended to
read: In blasting, explosives in Fume Class I, as set forth by the Institute of
the Makers of Explosives, shall be used; however, Fume Class I explosives are
not required when adequate ventilation is provided and the workings are
abandoned for a period of time sufficient to allow dissipation of all fumes.
Section 7. Initiation of Explosive
Charges - Electric Blasting. (1) The language in subsection (2) of this section
shall apply in lieu of 29 C.F.R. 1926.906(p).
(2) 29 C.F.R. 1926.906(p) is amended to
read: The blaster shall be in charge of the blasting machines, and no other
person shall connect the leading wires to the machine except under the
immediate physical and visual supervision of the blaster.
(3) The language in subsection (4) of
this section shall apply in lieu of 29 C.F.R. 1926.906(q).
(4) 29 C.F.R. 1926.906(q) is amended to
read: Blasters, when testing circuits to charged holes, shall use only blasting
galvanometers equipped with a silver chloride cell especially designed for this
purpose or an instrument designed solely for use in blasting, which incorporates
a current-limiting device into its circuitry. No instrument capable of
producing over fifty (50) milliamps on direct short circuit shall be used.
(5) The language in subsection (6) of this
section shall apply in lieu of 29 C.F.R. 1926.906(s).
(6) 29 C.F.R. 1926.906(s) is amended to
read: Leading wires shall remain shorted and not be connected to the blasting
machine or other source of current until the charge is to be fired.
Section 8. Use of Safety Fuse. (1) The
language in subsection (2) of this section shall apply in lieu of 29 C.F.R.
1926.907(a).
(2) 29 C.F.R. 1926.907(a) is amended to
read: The use of a fuse that has been hammered or injured in any way shall be
forbidden.
Section 9. Inspection After Blasting. (1)
The language in subsection (2) of this section shall apply in lieu of 29 C.F.R.
1926.910(o).
(2) 29 C.F.R. 1926.910(b) is amended to
read: Sufficient time shall be allowed, not less than fifteen (15) minutes in
tunnels, for the smoke and fumes to leave the blasted area before returning to
the shot. An inspection of the area and the surrounding rubble shall be made by
the blaster to determine if all charges have been exploded before employees are
allowed to return to the operation.
Section 10. Incorporation by Reference
(1) The following material is incorporated by reference:
(a) The material in subparagraphs 1
through 14 of this paragraph, the Code of Federal Regulations, published by the
Office of the Federal Register, National Archives and Records Services, General
Services Administration, revised as of July 1, 1997, is incorporated by reference:
1. 29 C.F.R. 1926.900 through
1926.900(k)(2);
2. 29 C.F.R. 1926.900(k)(3)(ii);
3. 29 C.F.R. 1926.900(k)(5) through 1926.900(o);
4. 29 C.F.R. 1926.900(q);
5. 29 C.F.R. 1926.900(s) through
1926.902(c);
6. 29 C.F.R. 1926.902(e) through
1926.903(d);
7. 29 C.F.R. 1926.903(f) through
1926.905(g);
8. 29 C.F.R. 1926.905(j);
9. 29 C.F.R. 1926.905(l) through
1926.905(m);
10. 29 C.F.R. 1926.905(o) through
1926.906(o);
11. 29 C.F.R. 1926.906(r);
12. 29 C.F.R. 1926.906(t);
13. 29 C.F.R. 1926.907(b) through
1926.910(a);
14. 29 C.F.R. 1926.910(c) through
1926.914.
(b) The revision to 29 C.F.R. 1926.906,
"Initiation of Explosive Charges - Electric Blasting", as published
in the Federal Register, Volume 63, Number 117, June 18,1998, is incorporated
by reference.
(2) This material may be inspected and
copied at: Kentucky Labor Cabinet, Division of Occupational Safety and Health
Education and Training, U.S. 127 South, Frankfort, Kentucky 40601. Office hours
are 8 a.m. - 4:30 p.m. (ET), Monday through Friday. (16 Ky.R. 717; eff.
12-15-89; Am. 20 Ky.R. 2723; eff. 5-11-94; 25 Ky.R. 2461; eff. 6-16-99; TAm
eff. 8-9-2007; TAm eff. 9-8-2011.)