DRAFT EXPLOSIVES REGULATIONS, 2014 FOR NON-MINING INDUSTRY
Title: Occupational Health and Safety Act (85/1993): Invitation to public comment on proposed Draft Explosives Regulations, 2014
Government Gazette number: GN 1402 in GG 40415 of 11 November 2016
Commencing date: Not yet specified
Currently explosives management in the non-mining industry is regulated by various Acts and sets of regulations, including the following:
- Explosives Act 26 of 1956;
- The Explosives Regulations published under the Explosives Act 26 of 1956 (GN R1604 of 1972); and
- The Explosives Regulations published under the Occupational Health and Safety Act 85 of 1993 (OHSA) (GN R109 of 2003).
A new set of draft Explosives Regulations (Draft Regulations) has now been published under the OHSA for comment. Once finalised, the Draft Regulations will replace the Explosives Regulations published under the OHSA. These regulations will apply to any employer, self -employed person or user who operates an explosives workplace for the purpose of manufacturing, testing, storing or using explosives. However, these regulations will not apply to any place where the loading or reloading of cartridges for small arms is being carried out for private use and is not offered for sale, trade or any other use. For these purposes, the requirements of the Firearms Control Act 60 of 2000 must be adhered to.
The following changes, amongst others, are proposed to the Explosives Regulations published under OHSA:
- Inclusion of definitions of the following terms:
– Explosives;
– Explosives compatibility groups.
- The inclusion of an exemption clause
Regulation 2(3) states that the Chief Inspector of Occupational Health and Safety may, upon receiving a written request, grant exemption, in writing, from any of these regulations on such conditions as he or she may determine to ensure the safe manufacture, storage, testing and handling of explosives.
- Requirement to manufacture or use only authorised and classified explosives
A person would not be allowed to manufacture or use any explosives that have not been authorised and classified as required in terms of the Explosives Act 15 of 2003 (although this Act is not yet binding).
- Requirement to acknowledge receipt of an explosives workplace licence application
The Chief Inspector of Mines will have to acknowledge receipt of applications for explosives workplace licences within 30 days.
- Tests and criteria for Ammonium nitrate emulsions, gels and suspensions intermediate for blasting explosives
Ammonium nitrate emulsions, gels and suspensions intermediate for blasting explosives, listed in SANS 10228 as UN number 3375 will have to pass test series 8 of the United Nations’ Manual for Tests and Criteria and be authorised by the Chief Inspector of Explosives.
- Risk assessment report requirement
No employer may use or require or permit the use of any building, installation, room, machine or equipment unless the employer is in possession of a written report, prepared by an approved inspection authority in which all risks associated with such use have been assessed and any required mitigating measures identified.
- Disclosure of permits to import explosives
Any person who obtains a permit to import or export explosives in terms of the Explosives Act, 1956, will have to, within seven days of obtaining such permit, provide the Chief Inspector of Occupational Health and Safety with a copy thereof.
- Requirements to use explosives for blasting purposes
Currently, no person may use any explosive material for blasting purposes unless he or she is in possession of a written permission issued by or under the authority of the chief inspector of occupational health and safety. The Draft Regulations require the following: documentary proof of relevant and valid registration as a blaster with the chief inspector of explosives, a valid explosives license issued by the chief inspector of occupational health and safety; and an original, relevant and valid blasting permit issued by the Chief Inspector of Explosives.
- The duty to not disturb a workplace in the event of a life-threatening incident
When an incident at an explosives workplace causes the immediate death of any person or had the potential to do so, the workplace must not, without the consent of the Chief Inspector of Occupational Health and Safety, be disturbed or altered before it has been inspected by an inspector.
- National Explosives Council
The National Explosives Council established under the Explosives Regulations of 2002 will continue to exist until it is dissolved by the Chief Inspector of Occupational Health and Safety or if a new National Explosives Council is established. The Draft Regulations require that the chairperson of the new National Explosives Council must be an official of the Department of Labour. Persons co-opted by the National Explosives Council who are knowledgeable about the matters to be dealt with by the Council will also have to form part of the Council.
Anything done under a provision of the Explosives Regulations of OHSA and that could have been done under a provision of the Draft Regulations, will be regarded as having been done under the latter provision.
Comments on the Draft Regulations must be submitted within 30 days from publication of the notice to the addresses specified in the notice.
So what for my operation?
If explosives are manufactured or used on your site (excluding mines), you must ensure compliance to the Explosives Regulations published under the OHSA. Once the Draft Regulations are published as final, compliance must be ensured to the provisions of the Draft Regulations. Ensure that only authorised and classified explosives are used on site, and that all required licences, documentation and permissions are obtained for the explosives workplace, as well as for blasting activities.
What is further critical is to review whether the revised explosive definition may “trigger” any material being classified as explosives, which was not previously seen as such.
What is Shangoni’s approach?
Shangoni can assist organisations in identifying all legal requirements pertaining to explosives management on site by conducting legal compliance audits or gap analyses. Shangoni also has the expertise and experience to undertake the full spectrum of tasks for the facilitation of the application process for explosive licences, permits and other permissions. This includes the facilitation of the statutory consultation process and all the required interactions with the regulating authorities. Shangoni’s approach towards licence application development also emphasises the management of identified risks, thus adding significant value to the organisation beyond the delivery of required documentation submitted to regulators for approval.
