Cal. Code Regs. tit. 8 § 5262

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 5262 - General
(a) This Article shall apply to motorized vehicles, the operations of which are not under the jurisdiction of the USDOT, the California Highway Patrol, or the California Vehicle Code, or the Health and Safety Code on Public Highways.
(b) Electric detonators or similar primary explosive materials initiation devices shall not be transported on/in any vehicle equipped with a radio transmitter or other device which may cause detonation unless kept in their original shipping containers.
(c) Transportation of detonators and explosive materials together shall be in accordance with the Institute of Makers of Explosives, Safety Library Publication No. 22, Recommendations for the Safe Transportation of Detonators in a Vehicle with Certain Other Explosive Materials, May 1993, pages 1-16, which is hereby incorporated by reference.
(d) Any vehicle transporting explosive materials or oxidizing materials shall be placarded in accordance with the regulations of the USDOT. Explosive materials being transported on-site during or incidental to the manufacturing process shall be marked when deemed appropriate by the manufacturer.
(e) Original shipping containers or Type 3 magazines (day box) shall be used for taking detonators and other explosive materials from storage magazines to the blasting area.
(f)
(1) Vehicles used for transporting explosive materials shall be strong enough to carry the load without difficulty and be in good mechanical condition. If vehicles do not have a closed body, the body shall be covered with a flame-proof and moisture-proof tarpaulin or other effective protection against moisture and sparks.
(2) All vehicles used for the transportation of explosive materials shall have tight floors and any exposed spark-producing metal on the inside of the body shall be covered with wood or other nonsparking materials to prevent contact with packages of explosive materials.

EXCEPTION: Exposed spark-producing metal need not be covered in vehicles transporting only blasting agents or oxidizers.

(3) Packages of explosive materials shall not be loaded above the sides of an open body vehicle.
(4) Vehicles used for transporting explosive materials shall be inspected weekly, or prior to use when used less than weekly, to determine that it is in proper condition for safe transportation. Such inspections shall include, but not be limited to, the following:
(A) Fire extinguishers that comply with subsection (g) shall be filled and in working order.
(B) All electrical wiring shall be completely protected and securely fastened to prevent short-circuiting.
1. No auxiliary lighting systems on the truck beds shall be powered by the truck's electrical system.
(C) Chassis, motor, pan, and underside of body shall be reasonably clean and free of excess oil and grease.
(D) Fuel tank and feedline shall be secure and have no leaks.
(E) Brakes, lights, horn, windshield wipers, and steering apparatus shall function properly.
(F) Tires shall be checked for proper inflation and defects which may effect the safe operation of the vehicle.
(G) The vehicle shall be in proper condition in every other respect and acceptable for handling explosive materials.
(g) Each vehicle used for transportation of explosive materials shall be equipped with at least two fully charged 4-A:20-B:C fire extinguishers in good condition securely mounted separately in conspicuous locations or in clearly marked compartments and readily accessible. The driver shall be trained in the use of the extinguisher carried on the vehicle.
(h) Vehicles transporting explosive materials for blasting operations shall not carry any other materials except blasting equipment unless the containers of explosive materials are protected from mechanical damage or other materials are secured in place.
(1) When open body vehicles are used to transport explosive materials, the explosive materials shall be carried in a Type 3 magazine or original manufacturer's container that has been securely retained or mounted on the bed of the vehicle to prevent movement.
(2) Special service trucks such as, but not limited to, used in such operations as well services, snow avalanche control, seismic work, and explosives research and development that carry employees and materials and on which equipment is installed for use in connection with the work to be done, may carry small amounts of explosive materials necessary for their activities. When explosive materials are carried, they shall be safeguarded as provided for in subsections (e), (f), and (g).
(i) Motor vehicles or conveyances transporting explosive materials shall be driven by, and be in the charge of, a licensed driver familiar with the local, State, and Federal regulations governing the transportation of explosive materials. The driver shall have been made aware of the class of the explosive materials in the vehicle and of its inherent dangers, and shall have been instructed in the measures and procedures to be followed in order to protect employees from those dangers. The driver shall have been made familiar with the vehicle that has been assigned, and shall be trained and authorized to move the vehicle.
(j) Only the vehicle operator and powder crew shall be permitted to ride on any vehicle transporting explosive materials.
(k) Vehicles carrying explosive materials shall not be taken to a repair garage or shop for any purpose.
(1) No service or repairs involving the use of heat/flame-producing devices shall be performed on vehicles carrying explosive materials.
(l) Vehicles containing explosive materials when stored shall comply with the Quantity Distance Table for the appropriate class of explosive materials.
(m) Drivers of vehicles containing explosive materials shall not be permitted to leave the cab without first stopping the motor and setting the parking brake. Precautions shall be taken to prevent the movement of such vehicles.
(n) Except under emergency conditions, no vehicle transporting explosive materials shall be parked unattended before reaching its destination. No vehicle transporting explosive materials shall be parked on any public street adjacent to or in proximity to any place where people work or congregate.

NOTE: For the purpose of this subsection, a motor vehicle shall be deemed "attended" only when the driver or other attendant is physically on or in the vehicle, or has the vehicle within their field of vision and can reach it quickly and without interference. "Attended" also means that the driver or attendant is awake, alert, and not engaged in other duties or activities which may divert their attention from the vehicle. However, an explosive-laden vehicle may be left unattended if parked within a securely fenced or walled area with all gates or entrances locked where parking of such vehicle is permitted or at a magazine site established solely for the purpose of storing explosives.

(o) Incompatible materials, such as flammable liquids, flames or spark producing materials or combustibles materials, shall not be carried in the vehicle's cargo space with explosive materials.
(p) No person shall be permitted to smoke, carry matches or any other flame-producing device, or carry any unauthorized firearms or loaded cartridges while in or near a motor vehicle transporting explosive materials, or drive, load or unload such vehicle in a careless or reckless manner.
(q) Delivery of explosive materials shall be made only to authorized persons and into authorized magazines or authorized temporary storage or handling areas.
(r) The transfer of explosive materials from storage places shall be so arranged that no undue delay will occur between the time the explosive materials leave the storage place and the time they are used.
(s) Explosive materials shall not be transferred from one vehicle to another within the confines of any jurisdiction (city, county, or other area) without informing the fire and police and/or sheriff's departments thereof. In the event of breakdown or collision, the appropriate local emergency services agencies shall be promptly notified. The explosive materials shall be transferred from the disabled vehicle to another only when qualified supervision is provided.

NOTE: Federal DOT and local regulations shall also apply when applicable.

Cal. Code Regs. Tit. 8, § 5262

1. Editorial correction reinserting article 115 heading (Register 92, No. 11).
2. Amendment of article heading and section, including redesignation and amendment of former section 5263, subsections (a)-(l) as new section 5262, subsections (d)-(p), and new NOTE filed 7-11-2003; operative 8-10-2003 (Register 2003, No. 28).

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

1. Editorial correction reinserting article 115 heading (Register 92, No. 11).
2. Amendment of article heading and section, including redesignation and amendment of former section 5263, subsections (a) - (l) as new section 5262, subsections (d) - (p), and new Note filed 7-11-2003; operative 8-10-2003 (Register 2003, No. 28).