8 PROPOSED ADMINISTRATIVE RULES

 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS CONSUMER AND INDUSTRY SERVICES

 

DIRECTOR'S OFFICE BUREAU OF SAFETY AND REGULATION

 

CONSTRUCTION SAFETY STANDARDS COMMISSION

 

Proposed September 12, 2012

 

Filed with the Secretary of State on

 

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

(By authority conferred on the director of the department of licensing and regulatory affairs

construction safety standards commission by sections 19 and 21 of 1974 PA Act No. 154, and

Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001,

445,2011, 445.2025, and 445.2030) of the Public Acts of 1974, as amended, being SS408.1019 and  408.1021 of the Michigan Compiled Laws)

 

R 408.40732, R 408.40733, R 408.40741, R 408.40743, R 408.40755, R 408.40759, and R 408.40799,

of the Michigan Administrative Code are amended, and R 408.40756 is rescinded, as follows: PART 27. BLASTING AND USE OF EXPLOSIVES

R 408.42732 Permit to handle, transport, and use explosives; requirements.

Rule 2732. (1) A blaster shall obtain a permit to handle, transport, and use explosives issued by the employer.

(2) A permit shall contain, at a minimum, all of the following information:

 

 

 

  (3) Before the employer issues a permit, the employer of the blaster shall secure a permit from the department of state police as prescribed in section 3 of Act No. 202 of the Public Acts of 1970, being

§29.43 of the Michigan Compiled Laws.

  (4) An employee shall be rechecked in the requirements of rule 2731 not less than every 3 years and be issued a new permit.

  (5) The permit shall be in the possession of the employee and shall be shown if requested by the director or a department representative.

  (6) The permit is valid only while working for the employer who issued the permit.

 

R 408.42733 Blaster supervision of the storage, transportation, and use of explosives required; trainee supervision.

Rule 2733. (1) The storage, transportation, and use of an explosive material shall be directed and supervised by a competent employee who is experienced in the storage, transportation, and use of explosives. A person who is experienced in this field shall be known as a blaster.

(2) A trainee in the use of an explosive shall work under the direct supervision of the blaster.

  (3) A blaster shall not be assigned more than 3 trainees at any one time.

 

R 408.42741 Transport of explosives; vehicles.

Rule 2741. (1) The storage compartment of a vehicle that is used for the transportation of more than 6,000 pounds of explosives shall be entirely enclosed and without windows. The doors of the storage compartment shall be equipped with strong hinges that are securely bolted on the inside and shall be provided with a padlock, which shall be kept locked when an explosive is carried in the vehicle. The entire vehicle body shall be constructed so that bolts, screws, nails, or any metal does not protrude on the inside of the vehicle.

(2)  A vehicle that transports an explosive shall have signs which read “EXPLOSIVES” on all 4 sides and which have letters that are not less 5 inches high and white on a red background or shall have signs that conform to the provisions of 49 C.F.R. §§100 to 177, as adopted by reference in R 408.42799(2).

 

 

(3)  A vehicle that transports an explosive shall be equipped with a portable fire extinguisher which does not have less than a 2A10-BC rating and which is in operable condition. The vehicle driver shall be trained in the use of fire extinguishers.

(4)   A vehicle that is used to transport an explosive shall not be left unattended.

(5)  A vehicle that is used to transport an explosive shall be capable of carrying the imposed load and shall be in good mechanical condition. The imposed load shall not be more than the rated capacity of the vehicle.

(6)  A vehicle that carries an explosive shall not be taken inside a garage or shop for repairs or servicing, except for emergency repairs under the blasters supervision.

(7)   An explosive shall not be transported in any form of trailer, except pursuant to the provisions of 49

C.F.R. §§100 to 177, as adopted by reference in R 408.42799(2).

(8) A vehicle that carries an explosive shall be operated by an employee who is not less than 21 years of age.

  (9) Auxiliary lights that are powered by a conveyance’s electrical system shall not be installed on a conveyance that is used to transport explosives underground.

(9)(10) Trucks that are used to transport explosives underground shall have the electrical system checked weekly to detect any failures which may constitute an electrical hazard. A certification record that includes all of the following information with respect to an inspected truck shall be prepared and the most recent certification record shall be maintained on file at the site:

(a)   The date of the inspection.

(b)   The signature of the person who performed the inspection.

(c)   A serial number or other identifier.

 

R 408.42743 Vertical transport of explosives.

Rule 2743. (1) When transporting an explosive vertically, all of the following provisions shall be complied with:

(a)  The explosive shall be hoisted and lowered in a closed original container or class D magazine on a cage or hoisting platform.

(b)   The container or magazine shall be placed on a wooden floor of the cage or platform.

(c)   Other materials shall not be permitted in the same cage or shaft conveyance.

(d)  An employee shall not be permitted in a shaft or hoistway, nor within 100 feet of the hoistway, during the time an explosive is being transported in the shaft or hoistway.

(e)   The hoist or crane operator shall be notified before the loading and unloading of explosives.

  (f) A hoist shall be in compliance with rules 1476 and 1477 of Part 14. Tunnels, Shafts, Caissons, and Cofferdams, being R 408.41476 and R 408.41477 of the Michigan Administrative Code, and the applicable subrules of rule 1001 of Part 10. Lifting and Digging Equipment, being R 408.41001 et seq. of the Michigan Administrative Code.

  (2) If a crane and platform is used, a voice communication system shall be established between the operator and the loading and unloading area.

  (3) Excluding a safety hook, the cage or platform shall be connected to the loadline by a positive closed swivel connector.

 

R 408.42755 Safety fuse.

Rule 2755. (1) A cap crimper shall be used for attaching a blasting cap to a safety fuse. The crimper shall be in good condition and shall be accessible for use.

(2)  When preparing a safety fuse, the blaster shall do all of the following:

(a)   Cut a short piece from the end on the supply reel to assure a fresh cut end of the safety fuse.

 

 

(b)   Assure that the fuse is not less than 3 feet in length.

(c)   Compute the burning rate of the fuse in relation to the distance from a place of safety.

(d)  Reject a damaged fuse and dispose of it as prescribed in rule R 408.42737. of these rules.

(e)   Cut fuse squarely across with a clean sharp blade.

(3)   An employer or employee shall not carry a detonator or primer on their person.

(4)  Not more than 12 fuses shall be lighted by a blaster when hand-lighting devices are used, except that if 2 or more safety fuses in a group are lighted by means of an ignition cord or other fuse-lighting device, the group may be counted as 1 fuse.

(5)  The drop fuse method of dropping or pushing a primer or explosive with a lighted fuse is not permitted.

(6)  The hanging of a fuse on a nail or other projection which would cause a sharp bend is not permitted.

(7)  A fuse shall not be capped, and a primer shall not be made up, in a magazine or near a possible source of ignition.

(8)  Not less than 2 employees shall be present when multiple cap or fuse blasting is done by the hand-lighting method.

(9)  A cap and fuse shall not be used for firing a mudcap charge unless the charge is sufficiently separated to prevent 1 charge from dislodging other shots in the blast.

  (10) A safety fuse shall not be used for firing 2 or more charges which must detonate simultaneously.

 

R 408.42756 Rescinded. Primers.

Rule 2756. (1) A primer shall comply with the following requirements:

  (a) The blasting cap shall not be pulled out of the primer cartridge.

  (b) The blasting cap shall be in the safest and most effective position in the primer cartridge.

  (c) If necessary, the primer shall be water-resistant.

  (d) The whole primer assembly shall be loaded safely, easily, conveniently, and in the preferred position in the charge.

  (2) The blasting cap shall be inserted deep into the center of the primer cartridge and shall lie as close as possible along the cartridge’s long axis.

  (3) A dynamite punch shall be used for punching holes through the primer cartridge for the insertion of a cap, wire, or detonating cord.

  (4) A dynamite primer assembly shall be made immediately before the start of the loading operation.

 

R 408.42759 Misfires.

Rule 2759. (1) If a misfire is found, both of the following requirements shall be complied with:

(a)   The blaster shall immediately report this misfire to his or her supervisor and shall prevent all employees from entering the area, except for his or her helper.

(b)  A new primer shall be inserted and the hole shall be reblasted. If this procedure might present a hazard, the explosive shall be washed out with water or blown out with oil-entrained air.

(2)  If a misfire occurs while using a fuse arrangement, all employees shall be prevented from entering the area for a period of not less than 1 3 hours. The blaster shall then enter the area for inspection purposes and shall follow the procedures set forth in subrule (1) of this rule, if necessary.

(3)  Drilling, digging, or picking is not permitted until all holes that contain unexploded charges have been detonated or removed.

 

R 408.42799 Referenced standards.

 

 

Rule 2799. (1) The Commerce in Explosives, 27 C.F.R. Part 181, April, 1979, established by the United States department of commerce, Bureau of Alcohol, Tobacco, and Firearms and Explosives is adopted herein by reference, at a cost as of the time of adoption of these rules of $67.00. Copies of 27 C.F.R. Part 181 may be purchased at a cost of $1.60 from the Superintendent of Documents, United States Government Printing Office, Washington, DC 20402, by ordering stock number

048-012-00052-3.

(2)  The provisions of 49 C.F.R. Parts §100 to 177, established by the United States Department of Transportation, are adopted herein by reference, at a cost as of the time of adoption of these rules of

$70.00.  Copies of these provisions may be purchased at a cost of $7.00 from the United States Government Printing Office, Washington, DC 20402.

(3)  The United States regulations adopted by reference in subrules (1) and (2) of these rules are available from the United States Government Bookstore via the internet at website  www.bookstore.gpo.gov, at a cost as of the time of adoption of these rules as stated in these subrules.

(4)  (3) This standard is adopted by reference in these rules, The Institute of the Makers of Explosives publication no. 20 (1978) entitled “Radio Frequency Energy—A Potential Hazard in the Use of Electric Blasting Caps,” 1978 edition. is adopted herein by reference. Copies of this publication may be purchased at a cost of $1.00   This standard is available from The Institute of the Makers of Explosives, 1120 19th Street, NW, Suite 310,  1575 Eye Street, Suite 550, Washington, DC 20036- 3605, USA, 20005. telephone number: 1-202-429-9280 or via the internet at website:

www.ime.org; at a cost as of the time of adoption of these rules of $1.00.

(5)  (4) This standard is adopted by reference in these rules, Section F-2603.0, Storage of Explosives, of article 27 of the BOCA Basic Fire Prevention Code—1984 edition. is herein adopted by reference. Copies of section F-2703.0 may be purchased at a cost of $24.00 from the   This standard is available from the International Code Council (ICC), Building Officials and Code Administrators International, Inc., 4051 West Flossmoor Road, Country Club Hills, Illinois, USA, 60478, 60477. telephone number: 1-800-786-4452 or via the internet at website: www.iccsafe.org; at a cost as of the time of adoption of these rules of $200.00.

(6)(5) This standard is adopted by reference in these rules, National Fire Protection Association (NFPA) standard Chapter 6, aboveground storage of explosive materials, of NFPA standard no. 495 ‘Code for the Manufacture Transportation Storage and Use of Explosives and Blasting Agents,’ 1982 edition.  is herein adopted by reference.  This standard is available from NFPA, Copies of chapter 6 may be purchased at a cost of $8.00 from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts, USA, 02169-7471, 02269. telephone number: 1-617-770-3000 or via the internet at website: www.nfpa.org; at a cost as of the time of adoption of these rules of $27.00.

(7)(6) The standards adopted publications listed in subrules (1), (2), (3), (4), and (5) and (6) of this rule are also available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section,  may be inspected at, or purchased at the appropriate cost from, the Safety Standards Division, Bureau of Safety and Regulation, Michigan Department of Consumer and Industry Services, 7150 Harris Drive, Box 30643, Lansing, Michigan 48909-8143.

(8)(7) Copies of the standards adopted in subrules (1), (2), (4), (5), and (6) of this rule may be obtained from the publisher or may also be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in subrule (1), (2), (4), (5), and (6) of this rule, plus

$20.00 for shipping and handling.  Other state standards referred to in this part by R 408.42727(4), R408.42743(1)(f), and R408.42757(2) may be reviewed or purchased from the safety standards division.

 

 

(9)   The following Michigan occupational safety and health standards are referenced in these rules.  Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of licensing and regulatory affairs, MIOSHA standards section, 7150 Harris Drive,

P.O. Box 30643, Lansing, MI, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards.  For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page.

(a)   Construction Safety Standard Part 10 “Lifting and Digging Equipment,” R 408.41001a to R 408.41099a.

(b)   Construction Safety Standard Part 14 “Tunnels, Shafts, Caissons, and Cofferdams,” R 408.41401 to R 408.41483.

(c)   Construction Safety Standard Part 22 “Signals, Signs, Tags, and Barricades,” R 408.42201 to R 408.42243.