New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter I - Industrial Board Of Appeals
Subchapter A - The Industrial Code
Part 39 - Possession, Handling, Storage And Transportation Of Explosives
Section 39.6 - General provisions for the storage and handling of explosives
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Explosive material storage.
(b) Magazine locking. All magazines and all enclosures used for the storage of explosives shall be kept locked at all times except when opened by the employer, his authorized agent, the certified blaster or other designated person under the supervision of the blaster for the purpose of placing explosives therein, removing explosives therefrom, inspection or inventory of the contents of such magazines or enclosures. Locking systems installed in magazines shall comply with the requirements of this Part (rule).
(c) Access to explosives. No person unless duly authorized by the owner of the explosives or a certified blaster shall have access to or enter any magazine or explosives storage enclosure. Detonators or other explosives when removed from magazines shall not be left unguarded where children or other unauthorized persons may have access to them.
(d) Magazine inventory and inspection.
Exception:Such daily inventory is not required for any magazine opened only for the purpose of an inspection by the commissioner.
(e) Smoking and open flames. No person shall smoke or carry open flames, lighted objects or other spark-producing devices in or within 50 feet of any magazine containing explosives nor within 50 feet of any other explosives. This subdivision shall not be construed to prohibit the lighting of fuses for the purpose of blasting.
(f) Marking explosives.
Exception:Broken lots of explosives may be sold if details required by this Part (rule) are noted on the bills of sale.
(g) Bills of sale required. Every person who sells any explosives shall provide every purchaser with a bill of sale for each such transaction. Every such bill of sale shall contain the purchaser's license number and any other information that the commissioner may require.
(h) Detonator requirements. No detonator shall be sold or used unless its initiating power, as measured in the TNT-iron oxide insensitive powder test, appended hereto [see Appendix A-11, infra] and made part hereof, is at least equal to a detonator containing one gram of a mixture of 80 percent mercury fulminate and 20 percent potassium chlorate.
(i) Destroying explosives. Explosives which have deteriorated, have been damaged so as to be unfit for use or are unwanted shall be destroyed in a safe manner only by a certified blaster, a person duly licensed pursuant to section 458 of the Labor Law or by the commissioner. This provision shall not prohibit reprocessing of explosives by the manufacturer thereof.
(j) Magazines for detonators. Detonators shall be stored in separate magazines and no other explosives, materials or tools except safety fuse, wooden wedges and wooden or fibre mallets may be stored in such magazines.
(k) Magazines for all other explosives. All explosives, other than detonators, shall be stored in separate magazines devoted exclusively to such explosives in accordance with the provisions of this Part (rule).
(l) Storage of blasting equipment. All tamping poles and other tools, as well as electrical and mechanical equipment used in connection with blasting, shall be separately stored in a compartment or enclosure devoted exclusively to such purpose at all times except when in use.
Exception:Wooden wedges and wooden and fibre mallets stored in detonator magazines.
(m) Smokeless powder.
(n) Protection of magazines. All magazines shall be so located or so protected as to prevent accidental impact from vehicles or falling objects.
(o) Storage of explosives by governmental agencies. Civil agencies of the United States, New York State and its political and civil subdivisions, except the police and fire departments thereof, whose employees in the course of their duties are required to purchase or possess explosives, shall store such explosives in accordance with the requirements of the Labor Law and of this Part (rule).
(p) Return of explosives to magazines. Every person who holds a valid license issued by the commissioner pursuant to section 458 of the Labor Law and every certified blaster controlling the handling and use of explosives shall be responsible for the return of all unused explosives or ingredients thereof to the magazines and shall prevent any explosives or ingredients thereof from being taken to any place not necessary to their use.
(q) Containers for explosives. No person shall possess, store or cause to be stored explosives unless such explosives are completely enclosed or encased in tight metal, wooden, plastic or fibreboard containers. Such containers shall be piled top side up so as to eliminate the danger of falling. Containers of liquid nitroglycerin shall be vented as required by subdivision (t) of this section. No person shall permit any explosives or any grains or particles thereof to remain on the outside of or about any container. Corresponding grades and brands of explosives shall be stored together in such manner that the brands and grade marks are easily visible for inspection and inventory purposes. When any kind of explosive is removed from a magazine for use, the oldest explosive of that particular kind shall be removed first.
(r) Opening packages or containers of explosives. No person shall open packages or containers of explosives at any time within 50 feet of any magazine. In opening packages or containers of explosives, no tools except wooden wedges and either wooden, fibre or rubber mallets shall be used.
(s) Containers for storage of liquid nitroglycerin. Loaded containers of liquid nitroglycerin may be placed on shelves not more than 54 inches above the floor. Such containers shall not be stored more than one tier high.
(t) Venting containers of liquid nitroglycerin. The closure of any liquid nitroglycerin container stored in a magazine shall be loosened to permit venting. Such closure shall be securely tightened before the container is removed from the magazine.
(u) Inspection of liquid nitroglycerin containers. In addition to the inspections of explosives magazines required by this Part (rule), all liquid nitroglycerin containers shall be inspected at least once each week for leakage, rust or warp. Upon discovery of any such defect, the container shall be destroyed.