803 KAR 2:420. Blasting and use of explosives

Link to law: http://www.lrc.ky.gov/kar/803/002/420.htm
Published: 2015

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      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.)