Current through Register Vol. 50, No. 6, December 1, 2023
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; 3 Ky.R. 319;
eff. 9-1-1976; 4 Ky.R. 303, 427; eff. 5-3-1978; 17 Ky.R. 3268; eff. 6-26-1991;
TAm eff. 8-9-2007; Crt eff. 6-27-2018.