Current through Register
Vol. 49, No. 2, February 2024
These rules and regulations are promulgated by the Director of
Labor of the State of Arkansas pursuant to the authority granted by Ark. Code
Ann. §§ 20-27-1102 (Repl. 1991).
13-(a) PURPOSE.
(1) The purpose of these regulations is to
ensure that all individuals engaged in blasting meet certain minimum
qualifications and have been trained in the handling and use of explosives, as
well as the storage of explosives, the transportation of explosives, record
keeping, primary blasting and secondary blasting.
(2) These rules and regulations are intended
to ensure that blasting in Arkansas is conducted by qualified individuals.
13-(b) SCOPE AND
APPLICATION.
(1) These rules and regulations
require that all individuals, prior to performing or conducting any blasting
operation, meet minimum age, education, experience, and training
standards.
(2) These rules and
regulations do not establish or address minimum standards for the performance
of blasting operations. They address only the minimum qualifications of those
individuals performing blasting.
(3) These regulations do not apply to:
(i) Blasting conducted by an agricultural
operation on property owned or controlled by the agricultural operation;
(ii) Blasting conducted at a
surface coal mine regulated by the Department of Pollution Control and Ecology
pursuant to the Arkansas Surface Coal Mining and Reclamation Act, §§ 15-58-101
et seq.; and
(iii) Blasting
conducted during seismic operations regulated by the Oil & Gas Commission
pursuant to Ark. Code Ann. § 15-71-114.
13-(c) DEFINITIONS.
(1) "Agricultural operations" mean farming
operations, including the cultivation and harvesting of crops and the raising
of livestock, but does not include timber or logging operations;
(2) "Blasting" means an explosion and the
effects of such an explosion;
(3)
"Blasting agents" mean any material or mixture consisting of fuel and oxidizer,
intended for blasting, not otherwise defined as an explosive (non-cap
sensitive);
(4) "Construction"
means the fabrication, erection, or building of pipelines, sewer lines, water
lines, utilities, roads or buildings, including preparatory work and demolition
work, which involves blasting;
(5)
"Department" means the Arkansas Department of Labor;
(6) "Director" means the Director of the
Arkansas Department of Labor;
(7)
"Explosives" mean any chemical compound, mixture or device, the primary or
common purpose of which is to function by explosion (the almost instantaneous
release of heat and gas);
(8)
"Handling" means the use of explosives and/or detonators;
(9) "Mining" means the extraction of minerals
from the earth in nonliquid form or, if in liquid form, the extraction with
workers underground and specifically includes quarries;
(10) "Storage" means any facility, such as a
magazine, used for storing blasting agents; and
(11) "Transportation" means the carrying of
explosives from one location to another.
13-(d) MINIMUM QUALIFICATIONS.
(1) No person shall perform blasting in
Arkansas unless he/she:
(i) is twenty-one
(21) years of age or older;
(ii)
is a high school graduate or its equivalent;
(iii) is certified by the Department as
having met the minimum training requirements of Regulation 13-(e) herein;
and
(iv) has two (2) years
experience in blasting or drilling operations under the direct supervision of
someone qualified and certified to perform blasting in Arkansas; or has an
engineering degree; or has two (2) years experience supervising blasting
operations and the work of those performing blasting in a state other than
Arkansas.
(2) Exceptions.
(i) The educational requirement of Regulation
13-(d)(1)(ii) and the experience requirement of Regulation 13-(d)(iv) shall not
apply to those individuals who on the effective date of these regulations have
been regularly performing blasting for a period of five (5) years or more. Such
individuals must meet the other requirements of Regulation 13-(d)(1), including
certification as having met the minimum training requirements.
(ii) Notwithstanding the provisions of
regulation 13-(d)(1), a person may perform blasting if he/she is certified by
the Department as a trainee pursuant to Regulation 13-(g) and is working under
the direct supervision of someone qualified and certified to perform blasting
in Arkansas.
13-(e) TRAINING.
(1) All individuals performing or conducting
blasting shall have completed a training course approved by the Department of
Labor on the handling, use, storage, and transportation of
explosives.
(2) Frequency of
training.
(i) Initial training shall be
completed within one (1) year of the effective date of these regulations.
Individuals who have been regularly supervising blasting operations for a
period of five (5) years or more may, upon verification of such experience by
the Department, complete refresher training within one (1) year of the
effective date of these regulations in lieu of initial training.
(ii) Refresher training shall be completed at
least every three (3) years.
(3) Approved training programs.
(i) The Department of Labor has approved the
following training courses:
(A) the course
offered by the Department of Labor which consists of forty (40) hours of
training for individuals that use five hundred one (501) pounds or more of
explosives at anyone given time and twenty (20) hours of training for
individuals that use five hundred (500) pounds or less of explosives at anyone
given time; and
(B) any course for
blasters approved and certified by the Office of Surface Mining, U.S.
Department of Interior.
(ii) Application may be made to the
Department for approval of a training course or program other than as provided
in Regulation 13-(e)(3)(I). Such a course or program shall be substantially
similar to the course offered by the Department of Labor. Application for
approval of such a course shall be made by letter and shall include a course
outline or syllabus, together with the name (s) and credentials of any
instructor(s). The Department shall investigate the application prior to
approval.
(4) Substance
of training.
(i) The initial training offered
by the Department of Labor shall include the following:
(A) the proper means of storing explosives,
including the requirements of:
- 27 C.F.R. §§ 55.1-55.11 and 55.201-55.224 (1991);
- 30 C.F.R. §§56.6100-56.6133; 57.6100-57.6133; 75.1312 -
75.1313; and 77.1301 (1991); and
- Arkansas Department of Labor, Safety Code No.
8.
(B) the proper means of
transporting explosives, including the requirements of:
- 30 C.F.R. §§ 56.6200 - 56.6205; 57.6200 - 57.6205; 75.1311;
and 77.1302 (1991); and
- 49 C.F.R. §§ 172.1 et seq.; 173.1 - 173.63; and 177.800 et
seq. (1991).
© the proper means of using explosives, including the
requirements of:
- 29 C.F.R. §§ 1910.109; 1926.900 - 1926.914 (1991);
- 30 C.F.R. §§ 56.6300 - 56.6904; 57.6300 - 57.6960; 75.1300 -
75.1328; 77.1300 - 77.1304; and 715.19 (1991); and
- Arkansas Department of Labor, Safety Code No.
8.
(ii) The
initial training offered by the Department of Labor shall consist of the
following:
(A) Forty (40) hours of training
for individuals who use five hundred one (501) pounds or more of explosives at
any one given time. This will include most individuals performing blasting as a
part of mining operations. This forty (40) hours of training will include
classroom training and field observation; or
(B) Twenty (20) hours of training for
individuals who use five hundred (500) pounds or less of explosives at any one
(1) given time. This will include most individuals performing blasting as a
part of construction. This twenty (20) hours of training will include classroom
training only.
(iii) At
the conclusion of each initial training course, the Department will administer
an examination solely for the purpose of providing the participant with a tool
to help measure his or her level of expertise. Should a participant fail to
achieve a score of at least sixty percent (60%), the Department may recommend
additional training.
(iv) Refresher
training shall be offered by the Department at least twice annually.
(A) Refresher training offered by the
Department shall consist of a sixteen (16) hour course for those individuals
covered by Regulation 13-(e)(4)(ii)(A) with respect to their initial
training.
(B) Refresher training
offered by the Department shall consist of a eight (8) hour course for those
individuals covered by Regulation 13-(e)(4)(ii)(B) with respect to their
initial training.
13-(f) CERTIFICATION.
(1) The Department shall certify that
individuals meet the minimum qualifications established by Regulation 13-(d),
including the training requirement of Regulation 13-(e) upon submission of an
application on a form approved by the Department; proof that the minimum
qualifications have been met or the applicant qualifies for an exemption; and
the required fees.
(2) Each
certificate of qualification shall expire on its face three (3) years from the
date of issue. A new certificate of qualification shall be issued upon
verification from the certificate holder that refresher training in conformity
with Regulation 13-(e) has been completed.
13-(g) TRAINEES.
(1) The Department shall certify that an
individual is a trainee authorized to perform blasting upon submission of an
application on a form approved by the Department and verification that the
trainee's supervisor is qualified and certified to perform blasting.
(2) Each trainee certificate shall expire on
its face two (2) years from the date of issue.
(3) No individual may be certified as a
trainee for a period longer than two (2) years. Upon the expiration of a
trainee's certification, he /she must meet the minimum qualifications of
Regulation 13-(d)(1).
(4) If a
certified trainee provides written notice to the Department at the time he/she
ceases to be employed as a blaster trainee, he/she may subsequently obtain a
new trainee certificate for the unexpired portion of the two (2) year training
period.
13-(h) FEES.
(1) There shall be a twenty-five dollar
($25.00) fee for certifying an individual meets the minimum requirements to
perform or conduct blasting or as a trainee.
(2) There shall be a fee of twenty-five
dollars ($25.00) for training material in the initial training offered by the
Department pursuant to Regulation 13-(e). There shall be no fee for the
refresher training offered by the Department pursuant to Regulation 13-(e).
13-(I) ENFORCEMENT.
Any person who knowingly violates any provision of Ark. Code
Ann. §§ 20-27-1101 through 20-27-1103 or any provision of these regulations
shall be guilty of a Class B misdemeanor as provided by Ark. Code Ann. §
20-27-1101.
13-(j) EFFECTIVE
DATE.
The effective date of these regulations shall be February 1,
1993.