W. Va. Code R. § 56-20-8

Current through Register Vol. XLI, No. 24, June 14, 2024
Section 56-20-8 - Explosives and Blasting
8.1. Transportation vehicles. Motor vehicles used to haul explosives shall comply with the following provisions:
8.1.a. Possess two (2) portable fire extinguishers, either a multi-purpose dry chemical type, containing a nominal weight of five (5) pounds of dry powder and enough expellant to apply the powder, or a foam-producing type containing at least two and one-half (2-1/2) gallons of foam-producing liquid and enough expellant to supply foam. Only fire extinguishers approved by the Underwriters Laboratories (UL), carrying appropriate labels as to type and purpose, shall be used.
8.1.b. All electric wiring shall be adequately protected and securely fastened. Damaged insulated wiring shall be repaired or replaced immediately.
8.1.c. Chassis, engine, pan and bottom of vehicle body shall be reasonably clean and free of oil and grease. Cargo bins shall be cleaned as often as necessary to prevent the accumulation of ammonium nitrate or emulsion on or atop the bins.
8.1.d. Fuel tanks and lines shall have no leaks.
8.1.e. Safety devices including, but not limited to lights, horns, brakes, windshield wipers, and steering apparatus shall be functioning properly.
8.1.f. When explosives are not transported in their original closed containers or in special closed cases constructed of nonconductive material, the vehicle cargo space shall be lined with wood or approved non-sparking material.
8.1.g. The vehicle shall be plainly marked to indicate the nature of the cargo.
8.1.h. The vehicle shall be equipped with suitable sides and tailgates. The explosives shall not be piled higher than the side or end.
8.1.i. Handrails or fall protection devices shall be provided when persons are required to work atop the cargo bin of the bulk explosives truck.
8.1.j. Proper maintenance and examinations shall be performed to prevent overheating of the emulsion pump and a record of the examinations shall be kept at the quarry for one (1) year and made available to a representative of the Director upon request.
8.2. Transportation of explosives. - Precautions.
8.2.a. Explosives and/or detonators shall not be transported in the same vehicle unless separated by a substantially fastened four-inch (4") hardwood partition or equivalent approved material. Explosives and/or detonators shall not be transported in the cab of the vehicle.
8.2.b. Explosives and/or detonators shall be transported promptly without undue delays.
8.2.c. Only those persons necessary shall be permitted to ride in vehicles containing explosives and/or detonators.
8.2.d. When vehicles containing explosives or detonators are parked on a grade, the parking brakes shall be set and the vehicles blocked securely against rolling.
8.2.e. Vehicles containing explosives and/or detonators shall not be taken to a repair garage or shop.
8.2.f. Vehicles containing explosives and/or detonators shall not be left unattended unless the vehicle and all compartments containing explosives and/or detonators are properly locked to prevent unauthorized access.
8.2.g. Safe roads shall be maintained for access and exit to all blast areas where boreholes are loaded or being prepared to be loaded.
8.3. General requirements. - Explosives.
8.3.a. The West Virginia Department of Environmental Protection shall be responsible for the examination and certification of persons engaging in or directly responsible for blasting or use of explosives in quarrying operations.
8.3.b. After the effective date of the certified blasters rules, all handling and transporting of explosives shall be under the direct supervision of a certified blaster (only applicable to a surface quarry).
8.3.c. The transportation, storage, handling and use of explosive materials and blasting accessories shall be in accordance with the current Institute of Makers of Explosives Warnings and Instructions. A copy of the current Institute of Makers of Explosives Warnings and Instructions shall be available to miners upon request. All persons involved in the blasting procedure shall be properly trained and familiar with these Warnings and Instructions and a record kept of this training for one (1) year and made available to a representative of the Director upon request.
8.3.d. Open fires and flames are prohibited within fifty (50) feet of the area where explosives are being stored, handled or used.
8.3.e. Explosives, blasting caps and electric blasting caps shall not be carried in pockets of clothing or left lying around unguarded.
8.3.f. During the approach and progress of an electrical storm:
8.3.f.1. Surface blasting operations shall be suspended and persons withdrawn from the blast area or to a safe location.
8.3.f.1.A. When drills are located on a bench with loaded holes, or holes being loaded, masts shall be lowered upon the approach of an electrical storm when practical.
8.3.f.2. Underground electrical blasting operations that are capable of being initiated by lightning shall be suspended and all persons withdrawn from the blast area or to a safe location.
8.3.g. All runways, chutes and conveyors used for unloading of explosives shall have no exposed sparking metal parts.
8.3.h. Explosives and detonators shall be kept at a safe location.
8.3.i. Driving vehicles or dragging boxes over firing lines, detonator wires, explosives, blasting agents, and detonators shall be prohibited. Traveling over loaded holes shall be prohibited.
8.3.j. Previously frozen explosives of nitroglycerin base shall not be used. Deteriorated or damaged explosives and detonators shall be destroyed by an authorized representative of the manufacturing company.
8.3.k. Explosives and/or detonators shall not be transported in a bucket or a dragline or like equipment.
8.3.l. Defective or damaged blasting equipment or accessories shall not be used.
8.3.m. No shots shall be fired in any place where gas is detected with an air quality testing device.
8.4. Shooting preparation.
8.4.a. Primers shall not be made up until ready to be inserted in the hole.
8.4.b. Two-way radio equipment shall be turned off prior to the handling and use of electric detonators for the proposed shot. This rule does not apply to radios operating beyond the distances shown on Table 1 found at the end of this rule. Adequate warning signs shall be located on all travel roads at a distance of not less than one hundred (100) feet from the minimum transmitting distance. When using electronic detonators, the detonators shall be protected from electromagnetic, radio frequency transmissions, or other electrical interference sources in accordance with the manufacturer's recommendations.
8.4.c. Only equipment necessary for preparing and loading holes shall be permitted to work within fifty (50) feet of loaded holes or holes being loaded. This distance of fifty (50) feet shall include the entire column of the loaded hole when equipment is excavating on the same bench level as loaded holes. In cases of emergency, in which the equipment indicated above has malfunctioned and cannot be removed from the area, the blaster and foreperson shall direct the use of maintenance equipment if required to safely repair and/or remove the disabled equipment from the area. Adequate precautions shall be taken to prevent extraneous electricity from entering an electrical blasting circuit. Electrically-powered equipment and trailing cables shall be prohibited from being within one hundred (100) feet of loaded holes or holes being loaded. When a potential source of extraneous electricity is present in the general area and electrical detonators are to be used, a stray current test shall be made on the bench prior to commencing loading holes; if current is detected, the source of the extraneous electricity shall be neutralized before loading may begin.
8.4.d. Holes shall not be drilled if there is danger of intersecting a loaded or a misfired hole. When drill(s) are being operated on a bench being loaded, a minimum of one (1) hole around the perimeter of the drill shall remain unprimed and unloaded.
8.4.e. Only wooden or other approved non-sparking implements shall be used to punch holes in an explosive cartridge.
8.4.f. Tamping poles shall be blunt and squared at the end and made of wood or other, non-sparking, approved material.
8.4.g. Tamping shall not be performed directly on a capped primer.
8.4.h. When a quarry has cut into a known active underground quarry or mine, the district mine inspector and an official representative of the quarry or mine shall be notified before any blasting is performed. The mine inspector, quarry and/or mine representative shall determine and agree during what hours blasting shall be performed.
8.4.i. Misfires shall be handled only by or under the direction of a certified blaster and foreperson.
8.4.j. In order for the blaster to maintain control of the shot, up to the point of detonation, no type of safety fuse detonators shall be used.
8.4.k. No detonators, detonating cord, igniter cord, or any explosives shall be used if they have been water soaked.
8.4.l. Electric blasting caps shall be fired with an approved blasting device.
8.4.m. Explosives shall be kept separated at least fifteen (15) feet from detonators until loading is started, unless an approved container is utilized.
8.4.n. Ample warning shall be given by an audible warning device before blasts are fired. All persons shall be removed from the blasting area.
8.4.o. Detonating caps taken into a pit prior to being used shall be kept in an approved suitable container.
8.4.p. At least a five (5) foot air gap shall be provided between the blasting circuit and the power circuit when the hole or series of holes are being connected.
8.4.q. When loading beneath highwalls, the highwall shall be carefully inspected by the blaster in charge before beginning the loading process. Persons shall not load boreholes in areas where the highwall is unstable.
8.4.r. Boreholes shall not be located near the outer edge of highwalls/benches where such location could create a danger of falling over the highwall by persons loading boreholes. Boreholes located dangerously close to the outer edge of the highwall/bench shall not be loaded. Persons loading boreholes shall not work within six (6) feet of the outer edge of the highwall/bench unless adequate fall protection is provided.
8.5. Firing/leadlines.
8.5.a. Firing/lead lines shall be well insulated and as long as may be necessary to permit persons authorized to fire shots to get in a safe place out of the line of fire.
8.5.b. Firing/lead lines shall be kept away from power wires and all other sources of electric current.
8.5.c. The firing/lead lines shall be of sufficient length to assure the safe location of persons participating in the blasting.
8.5.d. When using electric caps, the firing/lead line shall be kept shunted until connected to the approved blasting device.
8.5.e. Except when being tested with a blasting galvanometer, or other approved device, electric detonators shall be kept shunted until they are connected to the firing/lead line or wired into a blasting round.
8.5.f. A wired round shall be kept shunted until connected to the firing/lead line when using electric caps.
8.5.g. The blast area shall be cleared of personnel, vehicles, and equipment prior to connecting the firing/lead line to the firing device or blast controller or, in the case of remote-controlled detonation systems, prior to arming the firing device.
8.5.h. Remote control detonation systems shall be used in accordance with manufacturer's instructions. A copy of these instructions shall be available to miners upon request. All persons involved with the blasting procedure shall be properly trained and familiar with the manufacturer's instructions. A record of such training shall be kept for one (1) year and made available to a representative of the Director upon request.
8.5.i. When using electric or electronic detonators, adequate precautions shall be provided to prevent accidental electrical shock to the person(s) detonating the blast.
8.6. Blasting.
8.6.a. Any area in which holes are being loaded shall be guarded by danger signs located fifty (50) feet beyond the perimeter of loaded holes or by a person physically present to prevent unauthorized entry.
8.6.b. The blaster shall make sure that all persons are in a safe place before firing a shot. Additional personnel and radio communication, if needed to assure security of the blast area, shall be utilized. Radio silence shall be observed by all persons except those involved in the blasting procedure.
8.6.b.1.For surface areas, an approved audible warning device shall give ample warning before blasts are fired. The pre-blast warning signal shall be sounded three (3) minutes prior to the detonation of the blast and this signal shall consist of three short warning signals with five (5) second intervals between these signals. The post-blast signal that the blast area is clear shall consist of a twenty (20) second in duration signal. The warning shall be audible for a distance of at least one-half (H) mile.
8.6.b.2.For underground areas, ample warning shall be given to allow all persons to be evacuated.
8.6.c. The blaster shall assure that all components are properly connected to assure proper detonation of the blast.
8.6.d. All holes or series of holes containing detonators shall be fired immediately upon completion of loading. The blaster shall notify the supervisor in charge of workers in the area before commencing to connect loaded holes. Once beginning to connect loaded holes, this shall proceed without delay until all holes are connected. All persons within a three hundred (300) foot radius of the blast area shall be removed by the time all holes are connected and work shall not commerce again until the holes have been fired. However, after connecting the loaded holes, if for any reason the holes cannot be fired immediately, work shall not commence again until the holes have been fired or all holes disconnected.
8.6.e.For Surface only. The firing of holes shall be conducted during daylight hours.
8.6.f. Every reasonable effort shall be made to fire loaded holes on the shift they are loaded. However, if loaded holes must be left overnight, the following safeguards shall be utilized:
8.6.f.1. As a practice, connected holes shall not be left overnight unless emergency conditions exist (example: electrical storms) that do not allow the shot to be detonated. No persons shall be permitted within three hundred (300) feet of the blast area where connected loaded holes could not be detonated as planned.
8.6.f.2. The blaster, in conjunction with the foreperson, shall properly designate the area affected by unfired holes (connected/unconnected). Barriers (cones and flagging) and signs, or a person physically present, shall prevent personnel and/or equipment from entering the affected area.
8.6.f.3. The location of the unfired loaded holes shall be documented in the pre-shift/on-shift examination book.
8.6.f.4. All personnel on affected shifts shall know the route in which to travel to a safe location in the event unforeseen circumstances (electrical storms, unstable highwalls, etc.) arise while working in the area of unfired loaded holes.
8.6.g. When loading boreholes containing water, or if loaded holes are to be left for an extended period of time, sufficient slack in downlines shall be provided to prevent stretching and possible damage to downlines due to settling of material in the borehole.
8.6.h. When drilling and blasting in areas where underlying coal seam(s) are burning, or suspected of burning, a plan outlining safeguards to be provided for the protection of workers shall be submitted for approval to the West Virginia Office of Miners' Health, Safety and Training. Such drilling and blasting shall not commence until approval is granted.
8.7. Post firing.
8.7.a. The firing lines/lead lines shall be disconnected from the electrical power source immediately after each blast when electric or electronic detonators are used.
8.7.b. No persons shall return to the area where blasting has been performed until the dust, smoke and fumes have cleared.
8.7.c. After a blast:
8.7.c.1.Surface - blaster shall examine the area and pronounce it safe before others enter the blast area.
8.7.c.2.Underground - competent person shall examine the area and pronounce it safe before others enter the blast area.
8.8. Misfires.
8.8.a. When a misfire is detected, no persons shall return to the misfired holes for at least fifteen (15) minutes. Misfires shall be handled only by:
8.8.a.1.Surface-a certified blaster in the presence of the foreperson.
8.8.a.2.Underground-the foreperson and/or competent person.
8.8.b. When a shot has misfired, extra precaution shall be taken in the handling of the misfire. If a misfire is detected:
8.8.b.1.Surface-the blaster and the foreperson in charge shall determine the necessary action to be taken to safely correct the situation.
8.8.b.2.Underground-a competent person shall determine the necessary action to be taken to safely correct the situation.
8.8.c. When a misfire/unfired explosive exists, or is suspected to exist, all persons working in the area shall be notified and given instructions on proper handling of possible undetonated explosives. The location of these holes shall be recorded in the pre-shift/on-shift book.
8.8.d. Immediately after firing a misfired shot, the firing/lead lines shall be disconnected from the firing device or blast controller when electric or electronic detonators are used. When using electric detonators, the ends of the firing/lead lines shall also be shunted.
8.8.e. If explosives or blasting agents are suspected of burning in a hole, all persons in the blasting area shall move to a safe location and no person shall return to the hole for at least one (1) hour.
8.9. Storage of explosives.
8.9.a. After loading boreholes, all unused explosives shall be returned to the proper explosive storage magazine.
8.9.b. Separate surface magazines shall be provided for storage of explosives, detonators, and blasting heater elements. Surface magazines shall be constructed of incombustible material exposed inside the magazine. Surface magazines shall be provided with doors constructed of at least one-fourth inch (1/4") steel plate lined with a two inch (2") thickness of wood, or the equivalent, provided with adequate and effectively screened ventilation openings near the floor and ceiling, kept locked securely when unattended, posted with suitable danger signs so located that a bullet passing through the face of the sign will not strike the magazine. The location of the magazine shall not be less than two hundred (200) feet from any active work area, occupied buildings, or public roads unless barricaded. If magazines are illuminated electrically, the lamps shall be of vapor-proof type, properly installed and wired. Smoking, open flames, open lights or spark-producing devices shall be prohibited in or within fifty (50) feet of a detonator or explosive magazine or facility.
8.9.c. Explosives magazines shall be located at least one hundred (100) feet away from power lines and fuel storage areas.
8.9.d. Cases or boxes containing explosives shall not be stored on their ends or sides in magazines nor stacked more than six (6) feet high.
8.9.e. An area of twenty-five (25) feet around magazines shall be kept clear of dry leaves, grass, undergrowth, trash and debris.
8.9.f. Detonator and explosives storage magazines shall be separated by at least twenty-five (25) feet.
8.9.g. Ground rods shall be properly installed and secured on explosive storage magazines so as to provide sufficient electrical ground.
8.9.h. Semitrailer van(s) used for highway or on-site transportation of blasting agents are satisfactory for storing these materials, provided they are located according to the current American Table of Distance with respect to inhabited buildings, passenger railroads and public highways. Trailers will be provided with substantial means for locking, and the trailer doors shall be kept locked except during time of placement and removal of blasting agents.
8.10. Storage of underground explosives in main facilities.
8.10.a. Main facilities used to store explosive material underground shall be located:
8.10.a.1. In stable or supported ground;
8.10.a.2. So that a fire or explosion in the storage facilities will not prevent escape from the mine or cause detonation of the contents of another storage facility,
8.10.a.3. Out of the line of blasts, and protected from vehicular traffic, except that accessing the facility,
8.10.a.4. At least two hundred (200) feet from work places or shafts;
8.10.a.5. At least fifty (50) feet from electric substations;
8.10.a.6. A safe distance from trolley wires; and
8.10.a.7. At least twenty-five (25) feet from detonator storage facilities.
8.10.b. Main facilities used to store explosive material underground shall be:
8.10.b.1. Posted with warning signs that indicate the contents and are visible from any approach;
8.10.b.2. Used exclusively for the storage of explosive material and necessary equipment associated with explosive material storage and delivery,
8.10.b.2.A. Portions of the facility used for the storage of explosives shall only contain non-sparking material or equipment.
8.10.b.2.B. The blasting agent portion of the facility may be used for the storage of other necessary equipment.
8.10.b.3. Kept clean, suitably dry, and orderly;
8.10.b.4. Provided with unobstructed ventilation openings;
8.10.b.5. Kept securely locked unless all access to the mine is either locked or attended; and
8.10.b.6. Unlighted or lighted only with devices that do not create a fire or explosion hazard and which are specifically designed for use in magazines.
8.10.b.7. Electrical switches and outlets shall be located outside the facility.
8.11. Auxiliary facilities.
8.11.a. Auxiliary facilities used to store explosive material near work places shall be wooden, box-type containers equipped with covers or doors, or facilities constructed or mined-out to provide equivalent impact resistance and confinement.
8.11.b. The auxiliary facilities shall be:
8.11.b.1. Constructed of non-sparking material on the inside when used for the storage of explosives;
8.11.b.2. Kept clean, suitably dry, and orderly;
8.11.b.3. Kept in repair;
8.11.b.4. Located out of the line of blasts so they will not be subjected to damaging shock or flyrock;
8.11.b.5. Identified with warning signs or coded to indicate the contents with markings visible from any approach;
8.11.b.6. Located at least fifteen (15) feet from all haulage ways and electrical equipment, or placed entirely within a mined-out recess in the rib used exclusively for explosive material;
8.11.b.7. Filled with no more than a one (1) week supply of explosive material;
8.11.b.8. Separated by at least twenty-five (25) feet from other facilities used to store detonators; and
8.11.b.9 Kept securely locked unless all access to the mine is either locked or attended.
8.12. Bulk delivery vehicles.
8.12.a. No welding or cutting shall be performed on a bulk delivery vehicle until the vehicle has been washed down and all explosive material has been removed. Before welding or cutting on a hollow shaft, the shaft shall be thoroughly cleaned inside and out and vented with a minimum one-half (1/2) inch diameter opening to allow for sufficient ventilation.

W. Va. Code R. § 56-20-8