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Explosives Managers and Workplaces for Surface Blasters

Guidance Notes on the


Explosives Regulations

April 2005

Chief Directorate of Occupational Health and Safety

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CONTENTS

1. Introduction 3

2. Approval 3

3. Appointments 3

4. Assessments 3

5. Types of Licences 4

6. Role Players 4

7. Explosives Manager 4

8. Licensing Process 5

9. Responsibilities and Tasks of the Explosives Manager 5

10. Acting 6

11. Reporting 6

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1. Introduction

The Occupational Health and Safety Act (OHS Act) defines a workplace in Section
1(1)(lv ) as “any premises or place where a person performs work in the course
of his employment.”

The OHS Act further defines a premise as “ includes any building, vehicle, vessel,
train or aircraft”

Provision is also made in the OHS Act for the Minister to make regulations:

 “in the interest of health and safety of persons at work”


 “or the health and safety …… of persons other than persons at work
against risk to health and safety arising from or connected with the
activities of persons at work” (Section 43(1)(b).

The Explosives Regulations, promulgated under the OHS Act provides more
specific for the licensing of explosives workplaces in Explosives Regulation 4 as “
Licensing of explosives workplaces ”

In the case of Surface Blasters operating on premises other than those regulated
by the Department of Minerals and Energy, one workplace licence will be issued
for operations at any place in this country.

2. Approval

The following approval must be obtained as a first step in the licensing process:

 From the Chief Inspector of Explosives of the South African Police


Services (Explosives) for the security approval to have explosives in
the possession, and in a specific area and/or buildings. (Regulation
4(4)(b))
 Local government for the permission to initiate explosives in their area
and approval for the keeping of an explosives workplace. . (Regulation
4(4)(a))

3. Appointments

Secondly, the Chief Executive Officer of a company must appoint a competent


and certified person as Explosives Manager. (Regulation 12(1) and 4(3).

An accredited body, approved by the Department of Labour must provide


training. Information of these bodies and the type of training necessary can be
obtained from the Department.

4. Assessments

The risk assessment must be carried out on all new explosives installations,
workplaces, equipment and processes prior to their erection, modifications or
change in procedures.

The employer must consult and inform the health and safety representative or
health and safety committee, if any, on all risk assessment issues.

Provision is made for the following types of risk assessments:

 Assessment of equipment
 Assessment of processes

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 Assessment of the place where blasting is going to take place.

The risk assessment must be carried out by an Approved Inspection Authority


(AIA). (Regulation 18(1))

5. Types of Licences

There are three different types of explosives licences namely:

 Explosives workplace licence


 Schedule I of the explosives workplace licence (Two types)
 Schedule II of the explosives workplace licence.

The different licences are defined in the Explosives Regulations.

In the case of Surface Blasters, the following will apply in the issuing of licences:

 Explosives workplace licences will be issued for blasting work in any place
in the country the person has at present approval to work in
 A Schedule I licence will be issued for all the types of explosives he or she
has approval to use
 A Schedule II licence for all types of blasting he or she is trained to do.

6. Role Players

The following are the main governmental role players in the licensing process:

 Department of Labour: The Department has the responsibility for


occupational health and safety in the explosive workplace
 South African Police Services Explosives: The SAPS-Explosives is
responsible for the security of explosives in the explosives workplace
 Local Government: Local Government is responsible for the
proclamation of property to be used for the explosives workplace, fire
fighting and other safety prescriptions and equipment. They are also
the body through which the public can work to provide their inputs
concerning the explosives workplace.

7. Licencing Process

The licensing process consists of two parts namely:

 Workplace licence part


 Schedule licence part.

In the workplace licence part, the following steps must be followed:

 A competent, certificated person must be appointed in writing as an


Explosives Manager and he/she must accept the appointment in
writing
 A written approval, from the SAPS Explosives, on the security issues
must be obtained
 A written approval, from local government, on the proclamation and
approval issues must be obtained
Copies of the approvals, qualifications of the Explosives Manger as well as
the appointment documentation must be provided with the application for
a licence to the Department of Labour.
An explosives workplace licence (Annexure 1), stating the conditions of the licence,
will be issued by the Chief Inspector of Occupational Health and Safety.

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In the schedule licence part the following steps must be followed:

 Draw up a concept Schedule I licence (Annexure 2 ) for all explosives


filled components and explosives that will be stored, used or tested in
the explosives workplace
 Draw up a concept Schedule II licence (Annexure 3) in which the
information is provided as required in the Regulations
 All the documents and drawings in this last phase of the licensing
process must be provided in duplicate.

To complete the licensing process, the Department will approve both copies of the
documents and mail one copy back to the applicant.

8. Explosives Manager

The Explosives Regulations of the Occupational Health and Safety Act (OHS Act)
regulates the appointment of Explosives Managers and Explosives Workplaces in
Regulations 12 and 4.

The main responsibilities of the Explosives Manager are also stipulated in Regulation
12.

9. Responsibilities and Tasks of the Explosives Manager

The Explosives Manager is in complete control of occupational health and safety in


and access to and from the danger area of an explosives workplace.

Only the Chief Executive Officer of the workplace can overrule him/her and then it
must be in writing.

The Explosives Manager is responsible for the approval of all people who want to
enter the danger area.

He/she is also responsible for approving all material entering a danger area and the
certification “as clean from explosives and save” of all material and equipment
leaving the danger area.

He/she must approve all equipment, material and tools used in a danger area in
writing.

He/she must also approve all processes used in the danger area and no changes to
those processes must take place without his/her approval.

10. Acting

Only Explosives Managers appointed by the CEO an approved by the Department for
an explosives workplace and who are instructed in their appointment letters can act
on behalf of an Explosives Manager of a danger area.

11. Reporting

The Explosives Manager or, where there is more than one, the coordinator must
report all accidents and incidents that happened in the danger area to the Chief
Inspector of Occupational Health and Safety. “Reportable incidents” must also be
reported to the provincial offices.

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All unusual occurrences in the danger area must be reported monthly, in writing, to
the Chief Inspector of Occupational Health and Safety. If there were no unusual
occurrences a zero report must be send.

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Annexure 1

EXPLOSIVES WORKPLACE L I C E N C E

In terms of Regulation 4 of the Explosives Regulations of the Occupational Health


and Safety Act No. 85 of 1993, a licence is hereby issued to

XXXXXXXX

to carry on a factory for the using of explosives in the Magisterial district of


Tshwane subject to the requirements of the OHS-Act and Regulations.

The situation and construction of buildings in the factory shall be in accordance


with plans approved by Chief Inspector: Occupational Health and Safety.

The approval of the schedules I, and II of the factory licence states the types of
explosives which may be used and the operations which may be carried on in
buildings and structures in the factory.

CHIEF INSPECTOR: OCCUPATIONAL HEALTH AND SAFETY

Date: ........................................................................

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Annexure 2

Document type: Reference:


Explosives Workplace
licence
Plofstofwerkspleklisensie Revision:

Title: Page:
Schedule I
Bylae I
Tegniese inligting van komersiële Technical information of commercial
ontplofbare stowwe wat vervaardig word explosives manufactured

Explosives Manager: Agreement: Approved:


Plofstofbestuurder: Instemming: Goedgekeur:

Date:
Datum:

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Annexure 3

Document type: Reference:


Explosives Workplace licence
Plofstofwerkspleklisensie
Revision:

Title: Page:
Schedule II
Bylae II
Name and No of Building: Maximum in room Maximum in building
Naam en Nr van Gebou: Maksimum in lokaal Maksimum in gebou

Explosives Category Persons Persons Explosives


Ontplofbare Kategorie Persone
Stowwe
Persone Ontplofbare
No of Room: Stowwe
Nr van Lokaal:

Authorised Operations Gemagtigde werksaamhede

Permitted simultaneous operations:


Werksaamhede tegelyk toegelaat:
Excluding:
Uitsuitend:
Explosives Manager: Agreement: Approved:
Plofstofbestuurder: Instemming: Goedgekeur:

Date:
Datum:

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