Current through Register Vol. XLI, No. 38, September 20, 2024
4.1.
4.1.a. Requirements for Certification. -- In
every surface mine and surface area of an underground mine when blasting
operations are being conducted, a certified blaster shall be responsible for
the storage, handling, transportation, and use of explosives for each and every
blast, and for conducting the blasting operations in accordance with the
blasting plans approved in a permit issued pursuant to W. Va. Code §
22-3-1 et seq., and the rules
promulgated under that article. Each person acting in the capacity of a blaster
and responsible for the blasting operation shall be certified by the Secretary.
Each certified blaster shall have proof of certification either on his or her
person or on file at the permit area during blasting operations. Certified
blasters shall be familiar with the blasting plan and blasting related
performance standards for the operation at which they are working. Where more
than one certified blaster is working on a blast, the blaster who designed the
blast shall supervise the loading operations and sign the blasting log. Nothing
in this rule modifies statutory regulatory authority of the state fire marshal
and the state fire commission to regulate blasting and explosives.
4.1.b. Qualifications for Certification. --
Each applicant for certification shall be a minimum of twenty-one (21) years
old, have had at least one (1) year active blasting experience within the past
three (3) years, and have demonstrated a working knowledge of and skills in the
storage, handling, transportation, and use of explosives, and a knowledge of
all state and federal laws pertaining thereto, by successfully taking and
passing the examination for certification required by subdivision 4.3.b. of
this rule. Applicants who have blasting experience prior to the last three
years, with documentation, may be considered by the Secretary on a case-by-case
basis as qualifying experience for initial certification and re-certification;
provided the requirements of 4.6.c. will apply.
4.1.c. Application for Certification. --
Prior to taking the examination for certification, a person must submit an
application on forms prescribed by the Secretary, along with a fifty dollar
($50.00) application fee, to the Secretary to take the examination. Upon
receipt of an application for examination, the Secretary shall, after
determining that the applicant meets the experience requirements of subdivision
4.1.b. of this rule, notify the applicant of the date, time, and location of
the scheduled examination.
4.2. Training. -- The Secretary will
administer a training program to assist applicants for blaster certification or
re-certification in acquiring the knowledge and skills required for
certification. The training requirements shall include, at a minimum, those
subject areas set forth in subparagraphs 4.3.b.1. A through 4.3.b.1.K. of this
rule. The training program will consists of the West Virginia Surface Mine
Blasters Self-Study Guide Course and a classroom review of the self-study guide
course. Completion of the classroom review part of the training program may not
be required for first time applicants. The Secretary may establish a fee for
training to cover costs to the Secretary.
Applicants for certification, or applicants for
re-certification, who can not document the experience requirements specified in
subdivision 4.1.b. of this rule, must complete the West Virginia Surface Mine
Blasters Self-Study Guide.
4.2.a.
Blasters Responsibilities - Prior to certification, all applicants will be
required to attend a two (2) hour Blaster's Responsibilities training session
addressing certified blasters responsibilities and the disciplinary procedures
contained in subsections 4.9. and 4.10. of this rule. This training will be
made available immediately prior to scheduled examinations. .
4.3. Examination for Certification
of Examiner/Inspector and Certified Blaster.
4.3.a. Examinations for Certified Blaster
Examiners/Inspectors. All persons employed by the Secretary, whose duties
include training, examining, and certification of blasters and/or inspecting
blasting operations shall be a certified examiner/inspector. Certification as
an examiner/inspector does not constitute surface mine blaster certification;
however, a surface mine blaster certification is sufficient for certification
as an examiner/inspector. The examination for certified examiner/inspector
shall at a minimum, test the applicant's knowledge as required by subdivision
4.3.b. of this rule.
4.3.b.
Examination for Certified Blaster. -- The examination for certified blaster
shall include information presented in the Study Guide for West Virginia
Surface Mine Blasters, and shall consist of three parts:
4.3.b.1. A written multiple choice
examination covering:
4.3.b.1.A. Types of
explosives and their properties, to include selection of appropriate
explosive(s);
4.3.b.1.B. Blasting
equipment and accessories, to include blasting machines;
4.3.b.1.C. Blast dimensions and calculations,
to include geologic and topographic considerations, blast hole design, flyrock
control, secondary blasting, and blast plans;
4.3.b.1.D. Delay systems, to include pattern
design, field layout, and initiation systems;
4.3.b.1.E. Timing;
4.3.b.1.F. Blast vibration and vibration
control, to include airblast, monitoring techniques, and use of preblast
surveys;
4.3.b.1.G. Loading and
detonating, to include priming, scheduling, site control, warning signals, and
unpredictable hazards;
4.3.b.1.H.
Storage and transportation of explosives;
4.3.b.1.I. Record keeping and
reporting;
4.3.b.1.J. Current state
and federal laws, rules and regulations relating to the handling, storage,
transportation, and use of explosives; the training and certification of
blasting personnel, and blasting signs; and
4.3.b.1.K. Responsibilities of a certified
blaster.
4.3.b.2. A
simulation examination whereby the applicant must correctly and properly
complete a blasting log.
4.3.b.3.
Other portions or parts developed to demonstrate an applicants ability to use
explosives products and equipment properly, as deemed appropriate by the
Secretary.
4.3.c. A
score of 80 percent (80%) for the multiple choice examination, and satisfactory
completion of the blasting log portion, and any other portions that may be
included in the examination, which are graded on a pass/fail basis, are
required for successful passage of the examination.
4.3.d. Notification of Scores. -- The
Secretary will notify all persons of their scores within thirty (30) days of
completing the examination. A person who fails to achieve a passing score of
any of the parts of the examination may apply, after receipt of his or her
examination results, to retake the entire examination or any portions that the
individual failed to pass.
Any person who fails to pass any part of the exam on the
second attempt or every other subsequent attempt must certify that he/she has
taken or retaken the classroom review training program described in subsection
4.2. of this rule prior to applying for another examination.
4.4. Approval of Certification. --
Upon determination that an applicant for certification has satisfactorily
passed the examination, the Secretary shall, within thirty (30) days of the
examination date, issue a certification card to the applicant.
4.5. Conditions or Practices Prohibiting
Certification. -- The Secretary shall not issue a blaster certification or
re-certification to persons who:
4.5.a. Are
currently addicted to alcohol, narcotics or other dangerous drugs;
4.5.b. Have exhibited a pattern of conduct
inconsistent with the acceptance of responsibility for blasting operations;
or
4.5.c. Are convicted
felons.
4.5.d. Have had their
blasters certification suspended or revoked in any other state may be required
to show cause as to why they should be considered for certification.
4.6. Re-certification Requirements
for Certified Blaster.
4.6.a. Refresher
Training -- All certified blasters must complete a minimum of twelve (12) hours
of refresher training during the three (3) year period that each blasters
certification is in effect. This refresher training requirement may be
satisfied by attendance at various professional and technical seminars and
meetings approved by the Secretary, or by attendance at a refresher training
session conducted by the Secretary. The Secretary may establish a fee for
refresher training to cover costs.
4.6.b. Re-certification of Blasters. A
certified blaster must be re-certified every three (3) years. Each applicant
for re-certification must be currently certified and must document that he or
she satisfactorily meets the experience requirements of subdivision 4.1.b. of
this rule, and has satisfied the refresher training requirement in subdivision
4.6.a. of this rule. The application for re-certification must be submitted on
forms prescribed by the Secretary with a thirty dollar ($30.00) re-application
fee.
4.6.c. Re-training. -- An
applicant for re-certification who does not meet the experience requirements of
subdivision 4.1.b of this rule must take the training course defined in section
4.2, and pass the examination required in subdivision 4.3.b. of this
rule.
4.6.d. Re-examination - -
Each certified blaster shall be required to successfully complete the
examination for certified surface coal mine blasters at least once every sixth
year, as required by subdivision 4.3.b of this rule.
4.7 Presentation of Certificate; Transfer;
and Delegation of Authority.
4.7.a. Upon
request by the Secretary, a certified blaster shall exhibit his or her blaster
certification card.
4.7.b. The
certified blaster shall take all reasonable care to protect his or her
certification card from loss or unauthorized duplication, and shall immediately
report any such loss or duplication to the Secretary.
4.7.c. Blaster's certifications may not be
transferred or assigned.
4.7.d.
Certified blasters shall not delegate their authority or responsibility to any
individual who is not a certified blaster. A certified blaster shall not take
any instruction or direction on blast design, explosives loading, handling,
transportation and detonation from a person not holding a West Virginia
blasters certificate, if such instruction or direction may result in an
unlawful act, or an improper or unlawful action that may result in unlawful
effects of a blast. A person not holding a West Virginia blasters certification
who requires a certified blaster to take such action may be prosecuted under W.
Va. Code §
22-3-17(c) or
(i).
4.8. Violations by a Certified Blaster. --The
Secretary may issue written notification, a temporary suspension order, or
revoke the certification of a certified blaster who is, based on clear and
convincing evidence, in violation of any of the following:
4.8.a. Failure to comply with any order
issued by the Secretary;
4.8.b.
Illegal use of drugs or narcotics, or any use of alcohol in the work
place;
4.8.c. Violations of Federal
or state laws, or regulations governing, the purchase, use, handling,
transportation, storage, or detonation of explosives, or the approved blast
plan for the permit where the blaster is working;
4.8.d. False swearing in order to obtain a
blaster's certification card;
4.8.e. Any illegal or improper action taken
by a certified blaster in the use, handling, transportation, or storage of
explosives or in designing and executing a blast, which may or has led to
injury or death at or near a mine site.
4.8.f. A pattern of conduct which is not
consistent with acceptance of responsibility for blasting operations, i.e.,
repeated violations of state or Federal laws pertaining to explosives;
or
4.8.g. Willful Conduct -The
Secretary shall suspend or revoke the certification of a blaster for willful
violations of state or Federal laws pertaining to explosive.
4.9. Penalties.
4.9.a. Suspension and Revocation.
4.9.a.1. Suspension. -- Upon service of a
temporary suspension order, the certified blaster shall be granted a hearing
before the Secretary to show cause why his or her certification should not be
suspended or revoked.
4.9.a.1.A. The period of
suspension will be conditioned on the severity of the violation committed by
the certified blaster and, if the violation can be abated, the time period in
which the violation is abated. The Secretary may require remedial actions and
measures and re-training and re-examination as a condition for re-instatement
of certification.
4.9.a.2. Imminent Harm Suspension. -- A
certified inspector has the authority to issue a temporary suspension order to
a certified blaster when an imminent danger to the health or safety of the
public exists, or can reasonably be expected to cause significant, imminent
environmental harm to land, air or water resource by any condition, practice,
or violation of this rule or any permit condition. The temporary suspension
order shall take effect immediately.
4.9.a.2.A. The Secretary shall formally
investigate the incident(s) and provide written findings to the blaster within
fifteen days following the effective date of the temporary
suspension.
4.9.a.2.B. Informal
Conference - Unless waived in writing by the certified blaster, an informal
conference shall be held at or near the site relevant to the violation. This
informal conference shall be held within twenty-four hours after the temporary
suspension order becomes effective. The conference shall be held before the
Secretary, who shall evaluate the blasters' performance and upon conclusion of
the hearing shall; determine if the temporary suspension of the blaster shall
remain in force, withdraw the suspension, or uphold in part.
4.9.a.2.C. Appeal to the Secretary - If a
blaster chooses to appeal the results of the informal conference or the written
findings of the initial investigation; they may appeal the results within in
five days to the Secretary. The appeal shall include written reasons for the
appeal. A hearing shall be conducted by the Secretary within ten days of
receipt of the appeal.
4.9.a.2.D.
Any blaster receiving a temporary suspension may appeal the decision of the
Secretary to the Surface Mine Board.
4.9.a.3. Revocation. -- If the remedial
action required to abate a suspension order, issued by the Secretary to a
certified blaster, or any other action required at a hearing on the suspension
of a blaster's certification, is not taken within the specified time period for
abatement, the Secretary may revoke the blaster's certification and require the
blaster to relinquish his or her certification card. Revocation will occur if
the certified blaster fails to re-train or fails to take and pass reexamination
as a requirement for remedial action.
4.9.a.4. In addition to suspending or
revoking the certification of a blaster, failure to comply with the
requirements of this subsection may also result in further suspension or
revocation of a blasters certification.
4.9.a.5. Any blaster receiving a suspension
or revocation may appeal the decision to the Secretary and to the Surface Mine
Board.
4.10.
Reinstatement -- Subject to the discretion of the Secretary, and based on a
petition for reinstatement, any person whose blaster certification has been
revoked, may, if the Secretary is satisfied that the petitioner will comply
with all blasting law and rules, apply to re-take the blasters certification
examination, provided the person meets all of the requirements for blasters
certification specified by this subsection, and has completed all requirements
of the suspension and revocation orders, including the time period of the
suspension.
4.11. Civil and
Criminal Penalties. -- Every certified blaster is subject to the individual
civil and criminal penalties provided for in W. Va. Code §
22-3-17.
4.12. Hearings and Appeals. -- Any certified
blaster who is served a suspension order, revocation order, or civil and
criminal sanctions is entitled to the rights of hearings and appeals as
provided for in W. Va. Code §§
22-3-16 and 17.
4.13. Blasting Crew. Persons who are not
certified and who are assigned to a blasting crew, or assist in the use of
explosives, shall receive directions and on-the-job training from the certified
blaster in the technical aspects of blasting operations, including applicable
state and federal laws governing the storage, transportation, and proper use of
explosives.
4.14. Reciprocity With
Other States. -- The Secretary may enter into a reciprocal agreement with other
states wherein persons holding a valid certification in that state may apply
for certification in West Virginia, and upon approval by the Secretary, be
certified without undergoing the training or examination requirements set forth
in this rule. Reciprocity is a one time only process. Any blaster who has been
issued a certification through reciprocity and fails to meet the
re-certification requirements will be required to re-examine and may be
required to provide refresher training documentation, as per section 4.6.a of
this rule.
