Explosives (Safety
Provisions) (Jersey) Regulations 1972[1]
PART 1
INTRODUCTORY
1 Interpretation[2]
In these Regulations,
unless the context otherwise requires –
“appropriate person”
means –
(a) in
relation to a building operation or work of engineering construction, the employer
of workers carrying out such operation or work;
(b) in
relation to quarrying operations, the occupier of the quarry:
Provided that where the
whole of the quarry is worked by a contractor on behalf of the occupier the
contractor shall be deemed to be the occupier;
“building operation”
means the construction, structural alteration, repair and maintenance of a
building or any appurtenance thereof, the demolition of a building or any
appurtenance thereof, and the preparation for, and laying the foundations of,
an intended building or any appurtenance thereof;
“crimpers”
means a tool for attaching detonators to fuses, and the word “crimp”
shall be construed accordingly;
“delay detonator”
means a detonator incorporating a delay to provide an interval of time between
shots where charges are connected by electric shot firing cable;
“detonating fuse”
means fuse consisting of high explosive enclosed in a water-proof covering;
“detonating relay”
means a device which, when used in conjunction with detonating fuse, will
provide a delay in the interval of time between shots where charges are
connected by the same length of detonating fuse;
“explosive”
does not include a detonator;
“heading”
means a tunnel or other excavation (not being merely a shot hole) constructed
for the purpose of a heading blast;
“heading blast”
means a shot fired in a heading otherwise than for the purpose or in connection
with the making of that heading;
“igniter cord”
means an extruded cord enclosing strands of material of suitable tensile
strength together with an igniter composition;
“magazine”
means a building used for the storage of explosives and detonators licensed for
that purpose by the Minister for Justice and Home
Affairs;
“minerals”
include stone, slate, clay, gravel, sand and other natural deposits;
“primer cartridge”
means a cartridge of explosive into which a detonator has been placed;
“quarry” means
an excavation or system of excavations made for the purpose of, or in connection
with, the getting of minerals or products of minerals;
“quarrying operation”
means the working of a quarry:
Provided that the working
of a quarry shall be deemed to include the operation of removing overburden
thereat where explosives are used for that purpose;
“safety fuse”
means a fuse consisting of a substance which burns at a regular rate;
“shot” means
an explosion of explosives;
“shot firer”
means a competent person, over the age of 21 years, appointed in writing by the
appropriate person to be responsible throughout for the preparation, placement
and firing of charges:
Provided that the
appropriate person may appoint himself or herself in writing as a shot-firer;
“shot hole”
means a hole bored for the purpose of placing explosives and detonators;
“stemming”
means enclosing a shot hole, after loading, by means of a non-metallic
substance;
“work of engineering
construction” means the construction, structural alteration or repair or
the demolition of any dock, harbour, tunnel, bridge, aqueduct, viaduct, sewer,
sewerage works, gas holder, waterworks, reservoir, pipeline or any pipeline for
the conveyance of anything other than water, any steel or reinforced concrete
structure other than a building, any road, airfield, sea defence works and any
other civil or constructional engineering works of a similar nature to any of
the foregoing works;
“workshop”
means a building used for the purpose of filling cartridges, making charges,
drying, sifting, fitting or otherwise adapting or preparing explosives and
detonators for use.
2 Application Articles 8 and 9 of the Law
Articles 8 and 9 of the Safeguarding of Workers (Jersey) Law 1956,
shall apply to an appropriate person as if the appropriate person were a
responsible person.
3 Application
of Regulations
These Regulations shall
apply –
(a) to
building operations;
(b) to
quarrying operations; and
(c) to
works of engineering construction,
where such operations or
works are performed or about to be performed, by persons who, by virtue of such
working or performance are, or will be, workers.
4 Obligations
under Regulations
(1) It
shall be the duty of every appropriate person who is undertaking the operations
or works to which these Regulations apply to ensure compliance with these Regulations
whether or not specific reference is made in any Regulation to the appropriate person.
(2) It
shall be the duty of every worker to comply with the requirements of such of
these Regulations as relate to the performance of or the refraining from an act
by the worker, and to comply with any directions given to the worker by or on
behalf of the appropriate person or any rule made by the appropriate person for
regulating the conduct either of all workers or any class of workers to which
that worker belongs, being directions given, or a rule made, for the purpose of
securing compliance with these Regulations.
(3) No
contractor, employer, employee or any other person carrying out any operations
or works to which these Regulations apply shall wilfully and without reasonable
cause do anything likely to endanger himself, herself or others.
PART 2
CONVEYANCE AND CARE ETC.,
OF EXPLOSIVES AND DETONATORS
5 Persons permitted to draw, convey and deposit explosives and
detonators
No person other than the
shot firer may draw, convey or deposit explosives or detonators or have access
to the magazine.
6 Conveyance of detonators
Except when within a
magazine, workshop, or place appointed under Regulation 10(2) no shot firer
shall carry any detonator otherwise than in a securely locked detonator case
used solely for that purpose and provided by the appropriate person:
Provided that nothing in
this Regulation shall prevent a primer cartridge being taken in a case, bag or
canister for carrying explosives, to a place where it is intended to fire a
shot, being a case, bag or canister complying with the requirements of Regulation
1(1).
7 Construction and maintenance of detonator case
Where detonators are
used, the appropriate person shall ensure that no detonator case is issued for
use unless it is so constructed and maintained that when the case is closed it
is impossible for any detonator or the leads of any detonator contained in the
case to touch any metal part thereof which is exposed outside the case or is in
contact with any other metal part so exposed.
8 Care and use of detonator case
(1) Any
shot firer to whom a detonator case has been issued shall –
(a) ensure
that, apart from any check sheet for recording shots fired by the shot firer,
nothing except detonators is in it;
(b) ensure
that at any time at which it is not on the shot firer’s person it is in a
safe place and, unless the shot firer remains in the immediate vicinity, it is
kept securely locked;
(c) if at
the end of the shot firer’s period of duty it contains any detonator,
return it to a magazine;
(d) retain
the key of the case in the shot firer’s own possession throughout the
period during which the shot firer is on duty.
(2) No
shot firer shall remove a detonator from a detonator case (except within a
magazine, workshop or a place appointed under Regulation 10(2)) unless it is
required immediately for use.
9 Persons permitted to prepare explosives and detonators
No person other than a
shot-firer shall prepare or attempt to prepare explosives or detonators for the
purpose of firing a shot or shots.
10 Preparation of detonators
(1) At
a quarry no shot firer shall cap safety fuse with a detonator except within a
workshop.
(2) In
relation to building operations and works of engineering construction no shot
firer shall cap safety fuse with a detonator except within a weatherproof
shelter, appointed by the appropriate person, away from any magazine.
(3) No
detonator shall be crimped to any fuse otherwise than by means of crimpers
approved for that purpose by the Minister and provided by the appropriate person.
11 Conveyance of explosives
(1) Except
when within a magazine, workshop or a place appointed under Regulation 10(2),
no shot firer shall carry any explosive (other than detonating fuse) otherwise
than in a closed case, bag or canister so constructed and maintained as to
prevent any escape or leakage of the explosive and danger from sparks. The
appropriate person shall make and secure the efficient carrying out of
arrangements to ensure that all such cases, bags and canisters in use are kept
clean and free from grit.
(2) Except
in pursuance of the proviso to Regulation 6 no shot firer shall put anything
other than explosives into a case, bag or canister provided for the purpose of
carrying explosives.
(3) Every
shot firer having any case, bag or canister of explosives in the shot
firer’s possession or control shall ensure that it is not deposited at
any time elsewhere than in a safe place, and, in particular, if at the end of the
shot firer’s period of duty the case, bag or canister contains any
explosive, shall return it to a magazine.
(4) No
shot firer shall (except within a magazine, workshop or a place appointed under
Regulation 10(2)) take any explosive from any case, bag or canister provided
for the purpose of carrying explosives unless the shot firer requires the
explosive immediately for charging a shot hole or a heading or for firing a
shot.
12 Care of explosives
No shot firer shall take
any explosive, detonator, detonating fuse, safety fuse or igniter cord into any
room or compartment containing machinery, into any messroom, workroom,
recreation room or other place where persons congregate, or into any place in
which there is a fire, an electric heating apparatus, an oil-fired heating
apparatus or a heating apparatus comprising a flame.
13 Explosives, detonators, fuses etc. in contact with liquids
(1) No
explosive, detonator or detonating fuse shall be prepared for use or placed in
position for the firing of a shot if, as a result of its contact with any
liquid, its condition creates the risk of a premature or delayed shot.
(2) No
safety fuse shall be prepared for use or placed in position for the firing of a
shot if, as a result of contact with any liquid, it is unlikely to burn at a
regular rate.
(3) No
igniter cord shall be prepared for use or placed in position for the firing of
a shot if, as a result of contact with any liquid, it is unlikely to burn over
its whole length or at all.
14 Disposal of packing materials
The shot firer shall
ensure that all cases, canisters, containers, cartons, liners, cartridge paper
and any other wrappings which have contained explosives or detonators used by the
shot firer are destroyed by burning in a place of safety away from any magazine
or workshop being a place of safety appointed by the appropriate person.
15 Use of naked light near explosives or detonators
No person shall smoke, or
take any naked light within 20 feet of any explosive, detonator, magazine
or workshop, and no person shall take any explosive or detonator within 20
feet of a naked light:
Provided that nothing in
this Regulation shall prevent the use of a naked light by a shot firer for
firing a shot.
PART 3
SHOT FIRING –
ELECTRIC SHOT FIRING
16 Permitted electric shot firing apparatus
No shot firer shall fire
a shot by means of electric shot firing apparatus or cable or safety fuse not
provided for that purpose by the appropriate person.
17 Use of electric shot firing apparatus
A shot firer who is in
charge of any electric shot firing apparatus –
(a) shall
retain any removable handle or key in the shot firer’s possession
throughout the period while the shot firer is on duty;
(b) shall
not place any removable handle or key in position in the apparatus until the
shot firer is about to fire a shot; and
(c) shall
remove any removable handle or key from the apparatus immediately after firing
each shot.
18 Shot firing
(1) No
shot firer shall fire a shot electrically unless the shot firing cable is of
sufficient length to enable the shot firer to do so from a place of safety.
(2) No
shot firer shall couple a shot firing cable to shot firing apparatus for the
purpose of firing a shot unless the cable has already been coupled by the shot
firer to the detonator or series of detonators.
(3) No
shot firer shall fire any round of shots connected in series by means of
electric shot firing apparatus unless the shot firer has tested the circuit for
continuity by means of a suitable testing device and has found it to be
satisfactory; a shot firer shall not make any such test unless all persons in
the vicinity have withdrawn to a place of safety and the shot firer has taken proper shelter.
(4) No
shot firer shall use a delay detonator unless a number indicating the period of
delay is clearly marked on the detonator or on a lead of that detonator.
19 Defective electric shot firing apparatus
If any electric shot
firing apparatus appears to be defective or fails to fire any shot or fails to
fire all or any of the shots in a properly connected round at one operation,
the shot firer in charge of it shall not use it further except in accordance
with Regulation 56 but shall report the circumstances to the appropriate person.
20 Misuse of
electric shot firing apparatus
No person other than a
competent person authorized to do so by the appropriate person shall open or
tamper with any electric shot firing apparatus.
PART 4
SHOT FIRING (GENERAL)
21 Persons permitted to place charges and fire shots
No person other than a
shot firer shall place or attempt to place a charge for firing or fire or
attempt to fire a shot.
22 Testing of safety fuse
No shot firer shall make
use of safety fuse for the purpose of firing a shot unless, on each occasion before
use, the shot firer has tested a length of fuse taken from each reel which the
shot firer intends to use in order to ensure that it burns at a regular rate;
any such test shall be made in a place of safety away from any magazine or
workshop.
23 Safe positioning of charge
No shot firer shall fire
any shot unless the shot firer has satisfied himself or herself that the charge
is so placed as to be safe for the firing of a shot.
24 Detonating relays
No shot firer shall use a
detonator relay unless it is duplicated.
25 Misuse of detonator lead or fuse
No person shall pull out
any detonator cable or fuse capped with a detonator from any charged shot hole
or heading.
26 Duplication of detonating fuse
No shot firer shall fire
more than 3 shots in separate shot holes from a length of detonating fuse
unless such fuse is duplicated and so connected as to form 2 separate paths of
detonation to each shot hole.
27 Prohibited and permitted periods for shot firing
No shot firer shall make
preparations for the firing of any shot (other than preparations not involving
the use of, the placing in position of, or the connecting up of any explosive
or detonator) or fire or attempt to fire any shot during the time between
half-an-hour after sunset and half-an-hour before sunrise.
28 Firing shots under water
Where a shot is to be
fired under water, the appropriate person shall make and secure the efficient
carrying out of arrangements to ensure that no such shot is fired
unless –
(a) the
charge is of a water resistant type and protected as far as possible from
becoming wet; and
(b) in
the event of a miss-fire the charge can be readily recovered.
29 Shot firing rules
(1) For
the purpose of securing the safety of all workers when shot firing is being
carried on, the appropriate person shall make rules (in these Regulations
referred to as “shot firing rules”) allotting to shot firers, and
specifying, the duties to be performed by them on any occasion on which shot
firing is about to be or is being carried on, and, in particular, but without
prejudice to the generality of the foregoing words, the rules
shall –
(a) specify
a suitable system to secure by means of the posting of notices or sentries or
otherwise, the giving of adequate warning that shot firing is about to commence
to all persons within, near or approaching the danger zone determined by the
shot firer in pursuance of Regulation 30;
(b) specify
a suitable system to secure the giving of adequate signals for the purpose of
notifying persons that shot firing for the time being is ended.
(2) A
copy of the shot firing rules made by the appropriate person shall be sent to
the Minister.
(3) It
shall be the duty of the appropriate person who has made shot firing rules to
ensure that the provisions of these rules are executed and enforced.
(4) A
shot firing rule which is inconsistent with the provisions of any Regulation
shall, to the extent of the inconsistency, be of no effect.
(5) If
an inspector is of the opinion with respect to any shot firing rules that
provision ought to be made for any matter for which provision is not for the
time being made by such rules or that different provision ought to be made by
such rules for any matter for which provision is for the time being made by
such rules, the inspector may serve on the appropriate person a notice in
writing stating that the inspector is of that opinion, specifying the matter
for which, in the inspector’s opinion, provision or, as the case may be,
different provision ought to be made as aforesaid and the nature of the
provision that, in the inspector’s opinion, ought to be made, and
requiring the appropriate person to amend the rules accordingly, and any such
notice shall become operative within such period as may be specified therein.
(6) If
the appropriate person objects to any notice served under paragraph (5) the
person may appeal to the Minister in writing, stating the reasons for the person’s
objection, within 14 days from the date of service of the relevant notice.
(7) On
any appeal made under paragraph (6) the Minister may –
(a) allow
the appeal, if satisfied that the matter or matters in relation to which an
inspector has served a notice under paragraph (5) do not need to be
provided for in the shot firing rules in order to secure the safety of all
workers likely to be affected by the said matter or matters or are already
provided for in the said rules in a manner adequate to secure the safety of all
workers likely to be affected by the said matter or matters.
(b) dismiss
the appeal, if not satisfied as aforesaid, and may –
(i) without prejudice
to the Minister’s powers under clause (ii), direct that the shot
firing rules shall be amended in accordance with the provision which the
inspector has notified under paragraph (5) as being, in relation to a
matter or matters in respect of which provision is not for the time being made,
the provision which, in the inspector’s opinion, ought to be made, and,
in relation to a matter or matters in respect of which provision is for the
time being made, the different provision which, in the inspector’s opinion, ought to be made,
(ii) direct
that the shot firing rules shall be amended or further amended in relation to
any matters in respect of which the inspector has served a notice under paragraph (5).
(8) A
copy of the shot firing rules for the time being in force shall be kept at the
office at every quarry, building operation or work of engineering construction,
and a copy of the rules shall be supplied to every shot firer and to every person
to whom any duty has been allotted by the said rules.
(9) A
copy of the shot firing rules for the time being in force shall at all
reasonable times be open to inspection by an inspector.
30 Warning and
shelter
(1) Any
shot firer who is about to carry out any shot firing shall, before shot firing
is for the time being commenced, determine the danger zone likely to be created
thereby and ensure that –
(a) the
warning required by the relevant shot firing rules in pursuance of Regulation
29(1)(a) has been given; and
(b) no person
is in the said danger zone unless the person has taken proper shelter:
Provided that nothing in
this Regulation shall prevent the shot firer remaining in the said danger zone
for the purpose of lighting a fuse.
(2) The
appropriate person shall ensure that any worker who does not understand English
understands the meaning of the warning and signals required by the relevant
shot firing rules in pursuance of Regulation 29(1)(a) and (b).
31 Shelters
The appropriate person shall take such steps as may be necessary to
secure that sufficient and suitable shelters are provided for the use of
workers who are within the danger zone likely to be created when shots are
fired.
32 Signals
Any shot firer who has for the time being finished shot firing shall
take such steps as may be necessary to ensure that the signals required to be
given by the relevant shot firing rules in pursuance of Regulation 29(1)(b) are
given.
33 Posting of
sentries
No person shall be posted as a sentry in pursuance of a provision of
shot firing rules unless the person is an English speaking person who
understands and is able to speak any other language which is spoken by any
worker who does not understand English.
34 Duties of
sentries
No person who has been posted as a sentry in pursuance of a
provision of shot firing rules shall leave the place where he or she was posted
until the signals mentioned in Regulation 32 have been given or the person has
been directed so to do by the person who posted him or her.
35 Duty to obey
sentries
No person shall pass a sentry who has forbidden the person to do so.
36 Precautions after
shot firing
After the firing of every shot, the shot firer who fired it
shall –
(a) ascertain
by personal examination whether it is safe for ordinary working to be resumed
in each working place affected by that shot and ensure that any necessary
action is taken to make each such place safe for such working;
(b) in
the course of the shot firer’s examination examine for any miss-fires,
for any sockets in the face, for any explosive remaining in any such socket
and, if the shot firer has reason to think that any shot may not have
completely exploded, for any unexploded part of the charge in the material
brought down; and
(c) if
any unexploded part of the charge is found, either explode it by means of a
primer cartridge or carefully remove it with a suitable tool made wholly of
wood.
37 Insertion of
drills and other tools into shot holes
No person shall introduce
any drill or other tool made wholly or partly of metal into, or into the socket
of, any shot hole in which a shot has been fired except in accordance with a
scheme in force in pursuance of Regulation 64.
PART 5
SHOT FIRING –
ADDITIONAL PROVISIONS OTHERWISE THAN FOR HEADING BLASTING
38 Application of Part 5
This Part shall not apply
with respect to any heading blast.
39 Charging of shot
holes
(1) No
shot firer shall charge a shot hole with any cartridge the diameter of which is
not at least 1/8th of an inch less than the diameter of that shot hole.
(2) No
shot firer shall charge a shot hole of a depth exceeding 9 feet with any
explosive other than explosive in the form of a cartridge or in a container,
except if the back of that shot hole is lower than the mouth.
(3) No
shot firer shall –
(a) for
the purpose of charging or stemming any shot hole; or
(b) for
the purpose of testing any shot hole in which there is explosive,
use any tool in the shot
other than a tool made wholly of wood or any other tool of a type approved for
the purpose by the Minister:
Provided that if the depth
of the shot hole exceeds 9 feet the tool may be made of wood with joints made
of any suitable non-ferrous material, being a tool so constructed that any such
non-ferrous material does not project beyond the level of the sides of the tool
and cannot come into contact with any explosive in the shot hole.
40 Cleaning of shot
holes
No shot firer shall begin
to charge any shot hole unless it is free from such obstruction as would
prevent cartridges of explosive from being in contact with one another.
41 Opening of canisters
No shot firer shall
permit more than one case, canister or other container of any one type of
explosive or of any one size of cartridge to be open at each shot hole at any
one time for the charging of that shot hole.
42 Filling of shot holes with explosives
No explosive shall be
violently or forcibly pressed into a shot hole.
43 Use of gunpowder
in shot holes
No shot firer shall
charge with gunpowder any shot hole in which a shot has previously been fired
by means of safety fuse until 12 hours have elapsed since the firing of that
shot.
44 Charging of
previously fired shot holes
No shot firer shall
charge a shot hole in which a shot has previously been fired by means other
than safety fuse unless the hole has been so treated as to ensure that it is
cool and that any burning material therein is extinguished and there have
elapsed since the firing of that shot –
(a) where
the hole is to be charged with gunpowder, 2 hours;
(b) in
any other case, 30 minutes.
45 Means of shot
firing
No shot firer shall fire
any shot (whether or not in conjunction with detonating fuse) otherwise than by
means of electric shot firing apparatus designed for the purpose or by means of
safety fuse.
46 Permitted number
of shots using safety fuse
Except where igniter cord
is used, no shot firer shall attempt to fire more than 6 shots at any one time
by means of safety fuse.
47 Removal of surplus
explosives etc.
Where any shot is to be
fired the shot firer shall ensure that all surplus explosives and detonators
are removed from the vicinity of the shot hole before any attempt is made to
fire a shot.
PART 6
SHOT FIRING –
ADDITIONAL PROVISIONS FOR HEADING BLASTING
48 General
precautions in relation to explosives and detonators
(1) The
appropriate person shall make and secure the efficient carrying out of
arrangements to ensure that no explosive or detonator is placed in a heading
for the purpose of a heading blast unless every shot fired for the purpose of
or in connection with the making of that heading has previously been fired.
(2) No
shot firer shall fire any shot other than a heading blast in any heading in
which any explosive or detonator has been placed for the purpose of a heading
blast.
49 Lighting in headings
No lamp or light, other
than a portable electric battery lamp or torch, shall be taken into or used in
any heading in which any explosive or detonator has been placed for the purpose
of a heading blast.
50 Headings charged with loose grain explosives
In every case in which a
heading is charged with any gunpowder or any loose grain explosive for the
purpose of a heading blast, no person shall be in that heading while it is
being or after it has been so charged unless the person is, throughout the
period during which the person is therein, wearing footwear having soles made
wholly of rubber.
51 Tools used for
charging of headings
(1) No
person shall in the course of charging or stemming a heading for the purpose of
a heading blast use any tool, apparatus or appliance made wholly or partly of
iron or steel, except where the charge has been stemmed by stemming
which –
(a) consists
of sand in sand bags, clay or turf; and
(b) is
not less than one foot thick between any point at which the tool, apparatus or
appliance can be applied and any part of the charge.
(2) Nothing
in paragraph (1) shall be construed as preventing the use in any heading
of any vehicle made wholly or partly of iron or steel, being a vehicle
suitable, and used for transporting materials, explosives or detonators in the
heading.
52 Detonating fuse used in heading blasts
Any shot firer
laying any detonating fuse in a heading for the purpose of the firing of a
heading blast shall ensure that the fuse is adequately protected from any
damage which might be caused thereto in the course of the charging or stemming
of that heading.
53 Duplication of detonating fuse
No shot firer shall fire
any heading blast otherwise than by means of detonating fuse which is
duplicated and so connected as to form 2 separate paths of detonation to the
heading.
54 Precautions
relating to the charging of headings
The appropriate person
shall make and secure the efficient carrying out of arrangements to ensure that
in any case in which the operation of charging a heading with any explosive has
been commenced, a watchman is continuously in attendance in that heading or at
or within sight of the entrance thereof until that operation has been
completed, the heading has been stemmed and any surplus explosives and
detonators removed from the heading and from the vicinity of the entrance
thereto.
PART 7
PLAN OF HEADINGS AND SHOT
HOLES
55 Plans to be kept
(1) The
appropriate person shall make and secure the efficient carrying out of
arrangements to ensure that there shall be kept at the office at every quarry,
building operation and work of engineering construction, an accurate plan of
every heading and every system of 3 or more shot holes showing the position,
shape and dimensions thereof and indicating the amount and location of any
explosives or detonators for the time being therein. Every such plan shall be
preserved until the expiration of one year after the date upon which the
heading or system of 3 or more shot holes to which it relates ceases to exist.
(2) The
plan referred to in paragraph (1) shall at all reasonable times be open to
inspection by an inspector.
PART 8
MISS-FIRES AND PARTIAL
MISS-FIRES
56 Miss-fires
(1) A
single shot being fired by the combined operation of safety fuse and detonator
shall be treated as a miss-fire if the detonator fails to detonate after the
shot firer has withdrawn after once lighting or attempting to light the safety
fuse.
(2) A
single shot being fired by an electrically fired detonator shall be treated as
a miss-fire after the shot firer, having attempted unsuccessfully to fire the
detonator, has –
(a) disconnected
from the shot firing apparatus any removable handle or key and the shot firing
cable;
(b) after
waiting 5 minutes, examined the cable and connections for any defect, and
remedied any defect so found; and
(c) made
a further unsuccessful attempt to fire the detonator.
(3) A
single shot or a round of shots being fired by the combined operation of safety
fuse, detonator and detonating fuse shall be treated as a miss-fire if the
detonator fails to detonate after the shot firer has withdrawn after once
lighting or attempting to light the safety fuse.
(4) A
single shot or round of shots being fired by the combined operation of an
electrically fired detonator and detonating fuse shall be treated as a
miss-fire after the shot firer, having attempted unsuccessfully to fire the
detonator, has followed the procedure described in paragraph (2).
57 Partial
miss-fires
(1) A
single shot or a round of shots being fired by either the method described in Regulation
56(3) or the method described in Regulation 56 (4) shall be treated as a
partial miss-fire if, after detonation has taken place, the single shot or any
shot in the round of shots, as the case may be, fails to explode.
(2) A
single shot or a round of shots being fired by the combined operation of
igniter cord and safety fuse shall be treated as a partial miss-fire if, after
the shot firer has withdrawn after once lighting or attempting to light the
igniter cord, the single shot or any shot in the round of shots, as the case
may be, fails to explode.
58 General
precautions – miss-fires
In the event of a
miss-fire, no person shall approach the shot hole or place where the charge was
placed until, –
(a) if
the method of firing is that described in Regulation 56(1) or (3), there have
elapsed, from the lighting of the safety fuse or the attempt to light it, not
less than 30 minutes; or
(b) if
the method of firing is that described in Regulation 56(2) or (4), the shot
firer has disconnected any removable handle or key and the shot firing cable
from the shot firing apparatus, and there have elapsed, from the last attempt
to fire the shot, not less than 5 minutes.
59 General
precautions – partial miss-fires
(1) In
the event of a partial miss-fire of a kind described in Regulation 57(1) no person
shall approach the shot hole or place where the charge was placed until at
least 5 minutes have elapsed since the firing of the detonator.
(2) In
the event of a partial miss-fire of a kind described in Regulation 57(2) no person
shall approach the shot hole or place where the charge was placed until at
least 30 minutes have elapsed since the lighting or attempted lighting of the
igniter cord.
60 Drilling near
miss-fires and partial miss-fires
(1) Any
person drilling a hole near a miss-fire or partial miss-fire shall ensure that
the hole is drilled in such a manner as to avoid touching or otherwise
affecting any unexploded detonator or charge.
(2) Following
a miss-fire the leads or fuse of the detonator shall be attached by a string to
the shot firing cable or to some distinctive marker.
61 Dislodging of
miss-fires and partial miss-fires
Whenever any detonator
and/or unexploded charge has been or may have been dislodged by the firing of
another shot a search shall be made by the shot firer for the detonator and/or
charge before any worker resumes
work and before any further shot is fired at or near that place.
62 Warning of miss-fires and partial miss-fires
In the event of a
miss-fire or partial miss-fire, the shot firer concerned shall forthwith give,
or cause to be given, warning of the miss-fire or partial miss-fire to all
persons approaching or likely to approach the shot hole or place where the
charge was placed (as the case may be) and, where the shot firer is not also
the appropriate person, notice thereof to the appropriate person.
63 Additional duties
of shot firer in event of miss-fire or partial miss-fire
(1) In
the event of a miss-fire or partial miss-fire, the shot firer concerned
shall –
(a) if the
shot firer leaves the place where the miss-fire or partial miss-fire occurred
before the completion of the appropriate procedure specified in any scheme in
force in pursuance of Regulation 64 ensure that sufficient danger notices are
erected to warn any person approaching the place; and
(b) record
the fact of the miss-fire or partial miss-fire in a book provided for the
purpose by the appropriate person.
(2) The
book referred to in paragraph (1)(b) shall at all reasonable times be open
to inspection by an inspector.
64 Scheme for
remedial action
(1) The
appropriate person shall ensure that there is at all times in force a scheme
specifying the procedure to be followed in the event of a miss-fire and partial
miss-fire and in the event of an unsatisfactory result of a test made in
pursuance of Regulation 18(3) and that the scheme shall contain provisions
for securing the safety of all workers in the vicinity.
(2) The
appropriate person shall ensure that a copy of the scheme is posted in such
characters and in such positions as to be conveniently read by the workers and
that a copy thereof is supplied to each shot firer.
(3) A
copy of the scheme required by paragraph (1) shall at all reasonable times
be open to inspection by an inspector.
(4) If
an inspector is of opinion with respect to the scheme that the provisions
contained therein are not adequate to ensure the taking of proper remedial
action in the event of a miss-fire or partial miss-fire, or an unsatisfactory
result of a test made in pursuance of Regulation 18(3), or to ensure the
taking of proper safety precautions, the inspector may serve on the appropriate
person a notice in writing stating that the inspector is of that opinion,
specifying the nature of the provision which in the inspector’s opinion
ought to be made and requiring the appropriate person to amend the scheme
accordingly and any such notice shall become operative within such period as
may be specified therein.
(5) If
the appropriate person objects to any notice served under paragraph (4) the
person may appeal to the Minister in writing, stating the reasons for the person’s
objection, within 14 days from the date of service of the relevant notice.
(6) On
any appeal made under paragraph (5) the Minister may –
(a) allow
the appeal, if satisfied that the provisions contained in the scheme are
adequate to ensure the taking of proper remedial action in the event of a
miss-fire or partial miss-fire or an unsatisfactory result of a test made in
pursuance of Regulation 18(3) and to ensure the taking of proper safety
precautions; or
(b) dismiss
the appeal, if not satisfied as aforesaid, and may –
(i) without prejudice
to the Minister’s powers under clause (ii), direct that the scheme
be amended in accordance with the provision which the inspector has notified
under paragraph (4) as being the provision which, in the inspector’s
opinion, ought to be made,
(ii) direct
that the scheme shall be amended or further amended in accordance with such
direction as the Minister may give.
PART 9
GENERAL
65 Certificates of exemption
The Minister may, subject
to such conditions, if any, as may be specified therein, by certificate in
writing (which the Minister may at his or her discretion revoke at any time)
grant exemption to any person, or in respect of any quarry, building operation
or work of engineering construction or any part thereof, from the requirements
of all or any of these Regulations.
66 Penalties[3]
(1) Any
person who contravenes or fails to comply with the requirements of Regulations
33, 34, 35, 58 or 59 shall be liable to a fine not exceeding £100 and in
the case of a continuing offence, to a further fine not exceeding £10 for
each day during which the offence continues.
(2) Any person who
contravenes or fails to comply with the requirements of Regulations 29(8), 55(1),
or 64(2) shall be liable to a fine not exceeding £50 and in the case of a
continuing offence, to a further fine not exceeding £10 for each day
during which the offence continues.
67 Citation
These Regulations may be cited as the Explosives (Safety Provisions)
(Jersey) Regulations 1972.