Section 0780-02-15-.02 - MINIMUM STANDARDS FOR BLASTING; ADOPTION BY REFERENCE(1) Unless otherwise provided by applicable law or the provisions of this Chapter, the required minimum standards for blasting in the State of Tennessee shall be those prescribed in Tenn. Code Ann. Title 68, Chapter 105, et seq. and those in the following publications: (a) The following portions of the Code of Federal Regulations (CFR) that pertain to a specific explosive situation or application:1. Code of Federal Regulations, Title 27, Alcohol, Tobacco, Firearms and Explosives (ATF), Chapter II, Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice, Subchapter C, Explosives, Part 555 Commerce in Explosives (most recent edition). This CFR includes conduct of business, storage of explosives and magazine construction.2. Code of Federal Regulations, Title 49, Transportation, Subtitle B, Other Regulations Relating to Transportation, Chapter I, Research and Special Programs Administration, Department of Transportation, Subchapter C, Hazardous Materials Regulations, Part 172 Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements, Part 173 Shippers, General Requirements for Shipments and Packagings, Part 177, Carriage by Public Highway and Part 178, Specifications for Packagings (most recent edition). This CFR includes classification, packaging and transportation.3. Code of Federal Regulations, Title 49, Transportation, Subtitle B, Other Regulations Relating to Transportation, Chapter III, Federal Motor Carrier Safety Administration, Department of Transportation, Subchapter B, Federal Motor Carrier Safety Regulations, Part 383, Commercial Driver's License Standards; Requirements and Penalties, Part 384, State Compliance with Commercial Driver's License Program, Part 393, Parts and Accessories Necessary for Safe Operation, Part 396, Inspection, Repair, and Maintenance and Part 397, Transportation of Hazardous Materials; Driving and Parking Rules (most recent edition). This CFR includes transportation of explosives.4. Code of Federal Regulations, Title 29, Labor, Subtitle B, Regulations Relating to Labor, Chapter XVII, Occupational Safety and Health Administration, Department of Labor, Part 1910, Occupational Safety and Health Standards, Subpart H, Hazardous Materials and Part 1926, Safety and Health Regulations for Construction, Subpart U, Blasting and the Use of Explosives (most recent edition). This CFR includes materials hazard communications and work place safety around blasting and drilling operations.5. Code of Federal Regulations, Title 30, Mineral Resources, Chapter I, Mine Safety and Health Administration, Department of Labor, Subchapter K, Metal and Nonmetal Mine Safety and Health, Part 56, Safety and Health Standards, Surface Metal and Nonmetal Mines, Subpart E, Explosives and Part 57, Safety and Health Standards, Underground Metal and Non-Metal Mines, Subpart E, Explosives and Subchapter O, Coal Mine Safety and Health, Part 72, Health Standards for Coal Mines and Part 75, Mandatory Safety Standards, Underground Coal Mines, Subpart N, Explosives and Blasting (most recent edition). This CFR includes mine safety.6. Code of Federal Regulations, Title 30, Mineral Resources, Chapter VII, Office of Surface Mining Reclamation and Enforcement, Department of the Interior (most recent edition). This CFR includes blasting in open pits and coal mines, blasting in proximity of inhabited buildings, pre-blast surveys and notification of plans to conduct blasting.(2) The codes adopted by reference herein shall not be construed as adopting any agency or procedure for administration or enforcement purposes.(3) In the event of a conflict or inconsistency among codes adopted by reference herein, the more stringent code provision shall prevail, except as specified in paragraph (4) below.(4) All persons governed by this rule shall conform to the adopted standard that is specifically applicable to the application or endeavor.Tenn. Comp. R. & Regs. 0780-02-15-.02
Original rule filed July 11, 1991; effective August 25, 1991. Amendment filed February 13, 2003; effective April 29, 2003.Authority: T.C.A §§ 68-105-108 and 68-105-116.