Acts Online
GT Shield

Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)

Explosives Regulations, 2002

1. Definitions

 

 

1) In these Regulations "the Act "means the Occupational Health and Safety Act, 1993(Act NO. 85 of 1993), and any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned and, unless the context otherwise indicates

 

‘‘ammonium nitrate"

as defined in the South African Code of Practice SABS 0228, The Identification and Classification of Dangerous Goods for Transport and classified by the inspector of explosives;

 

"authorized explosive"

means any substance or mixture that has the properties of an explosive and is approved by the Minister for Safety and Security and published by notice in the Government Gazette as an explosive;

 

"burning grounds"

means a fenced-in area with a controlled entrance where explosives may be exposed to a naked flame under safe controlled conditions;

 

"certificated person"

means any competent person to whom a certificate of competency has been granted by an approved inspection authority, accredited by the National Explosives Council or any other organization acceptable to and approved by the chief inspector of occupational health and safety

 

"chief inspector of explosives"

means the chief inspector of explosives appointed by the Minister for Safety and Security;

 

"class 1.1"

means a class of explosives as defined in the South African Code of Practice SABS 0228, The Identification and Classification of Dangerous Goods for Transport ;

 

"class. 1.2"

means a class of explosives as defined in the South African Code of Practice SABS 0228, The Identification and Classification of Dangerous Goods for Transport:

 

‘‘class 1.3"

means a class of explosives as defined in the South African Code of Practice SABS 0228, The Identification and Classification of Dangerous Goods for Transport:

 

"class 1.4"

means a class of explosives as defined in the South African Code of Practice SABS 0228, The Identification and Classification of Dangerous Goods for Transport;

 

"competent person"

means a person with sufficient training and experience in, and knowledge of, the health and safety aspects of explosives deemed appropriate by the National Explosive Council or any other organization approved by the chief inspector of occupational health and safety

 

"complex"

means a group of danger buildings in the same danger area;

 

"danger area"

means an area surrounded by a fence provided with a guarded entrance in which are situated explosives testing, manufacturing and storage buildings. and as much of the land surrounding them as is shown on the official explosives workplace site plan;

 

"danger building or room"

means any licensed building or room used as an explosives workplace or explosives magazine

 

"danger zone"

means the region inside the area encompassed by the larger safety distance applicable to a danger building in terms of the safety distances stipulated in Annexure 1;

 

"explosives groups"

means explosives grouped together for their safe storage and transportation as defined in the South African Code of Practice SABS 0228, The Identification and Classification of Dangerous Goods for Transport;

 

"explosives magazine"

means any building licensed under these regulations for the storage of explosives;

 

"explosives manager"

means a person appointed in terms of regulation 12(1);

 

"explosives workplace"

means any workplace licensed under these regulations for the manufacture, testing, use and storage of explosives, together with every mound, building and works therein or thereon for whatever purpose used;

 

"explosives workplace licence"

means a licence referred to in regulation 4(2) or issued in terms of regulation 4 (3) in respect of an explosives workplace for the manufacture, testing, use and storage of explosives

 

"from magazines"

means from one danger building where explosives are stored to another danger building where explosives are stored;

 

"guarded entrance"

means an entrance through which no person, equipment or material can pass without the approval of the explosives manager or a person authorised by him and the monitoring by a guard or guarding system approved by the explosives manager;

 

"loose article"

means any tool, furniture, cleaning material, handling equipment or stationery which may be used in a danger building where explosives are present;

 

"loose article list"

means a list approved by the explosives manager and posted in a conspicuous position in a building or room specifying the number and types of loose articles allowed and present in that building or room;

 

"magazine licence"

means a license referred to in regulation 4(2) or issued in terms of regulation 4(3) in respect of a magazine for the storage of explosives

 

"manufacture"

means the making or processing of any explosive including the division of any explosive from or into its component parts by any process, and the conversion of an explosive of one kind into an explosive of another kind, including the alteration fitting for use, testing, on-site manufacture, repair or destruction of any explosive;

 

"mobile workplace"

means any mobile workplace licensed under these regulations for the manufacture, testing, use and storage of explosives

 

"National Explosives Council"

means a council established under regulation 17;

 

"non-danger building or room"

means any building or room within the danger area which is used in connection with the manufacture, testing or storage of explosives, but in which no explosives are kept, used, tested or manufactured

 

"non-detonatable explosive"

means an explosive that needs extreme conditions to initiate

 

"non-explosives worker"

means an employee in an explosives workplace who normally performs his or her duties outside a danger area;

 

"non-sensitised explosive"

means any explosive or substance that needs to be sensitised by the addition of a gassing agent, chemical sensitizer, gas bubbles, organic fuel or micro balloons, or the like , for it to be used as an explosive;

 

"official explosives workplace site plan"

means a plan as contemplated in regulation 4(5)(b) ;

 

"operating instruction"

means a document approved by the explosives manager setting out in detail the methods, materials, equipment, tools and precautions to be used in a given operation;

 

"plant office"

means an office for the exclusive use of personnel for the direct control of the operations in the danger area and so situated that exposure to explosions is minimized;

 

"plant workshop"

means a workshop used exclusively to maintain equipment and buildings in the danger area;

 

"private use"

means the legal use of explosives by individuals for a specific purpose not connected with any other person, trade or business;

 

"process building"

means a danger building where work on explosives takes place;

 

"process magazine"

means a magazine within the safety circle of a process building in which explosives for one day’s use are kept;

 

"professional engineer"

means an engineer who has received professional status from the Engineering Council of South Africa;

 

"public building"

means a structure beyond the danger zone to which members of the public have access and in which non-explosives workers are stationed;

 

"schedule licence"

means a licence categorised as -

a) a schedule I explosives workplace licence, which is a schedule to the explosive workplace licence, in a format acceptable to the chief inspector of occupational health and safety, certified by the explosives manager and approved by the chief inspector of occupational health and safety; in which a description is given of all explosives that may be manufactured, tested, stored or used in a danger area, specifying nominal formulas, with tolerances, components, construction and packaging;
b) a schedule II explosives workplace licence, which is a schedule to the explosives workplace licence pertaining to each danger building or room in the danger area, in a format acceptable to the chief inspector of occupational health and safety, certified by the explosives manager and approved by the chief inspector of occupational health and safety, specifying the name and number of the building or room, the maximum number of persons and the maximum mass of explosives allowed in the building or room, the operations authorized and which of these operations may be carried out simultaneously; or
c) a schedule III explosives workplace licence, which is a schedule to the explosives workplace ‘licence for a non-danger building or room in a danger area, in a format acceptable to the chief inspector of occupational health and safety, certified by the explosives manager and approved by the chief inspector of occupational health and safety, specifying the name and number of the building or room, the purpose of the building or room and the number of persons allowed therein

 

"to magazines"

means from an explosives process building to any danger building where explosives are stored;

 

"to public buildings"

means from a danger building to public buildings as defined in these regulations, and includes main offices, main workshops and dwelling houses other than those defined under "to railways, roads, etc;

 

"to railways, roads, etc "

means from a danger building to railways, roads or open sports grounds, or to dwelling houses under the same ownership as the explosives factory and occupied by the owner or an employee

 

"unauthorized explosive"

means any substance or mixture that has the properties of an explosive but has not been approved and published as an authorized explosive.