Explosives
Application of regulations 28 to 31
27. Regulations 28 to 31 apply to mines at which explosives are transported, stored, handled or used.
General duties relating to explosives
28.—(1) The mine operator shall ensure that, so far as is reasonably practicable, all explosives are transported, stored, handled and used safely and securely.
(2) The mine operator shall ensure that operations involving the transport, storage, handling or use of explosives are not carried out by anyone other than a person who is—
(a)competent; and
(b)authorised to do so in accordance with rules made under regulation 12.
(3) The mine operator shall ensure, so far as is reasonably practicable, that no person issues or takes control of explosives except in connection with the person’s duties at the mine.
Duties relating to explosives in mines with explosive atmospheres
29. In mines in which places have been classified as hazardous under regulation 7(1) of DSEAR, the mine operator shall ensure that—
(a)the only explosives that are used are suitable for use in such places; and
(b)before a shot is charged or fired, suitable tests for the presence of flammable gases are carried out.
Storage of explosives
30.—(1) This regulation applies in relation to the temporary storage below ground at a mine of explosives for which a licence or certificate of registration for their storage is not required by virtue of regulation 10(2) and (3) of the 2006 Regulations.
(2) Subject to paragraph (3), the mine operator may designate as many places below ground at the mine as may be necessary for the temporary storage of explosives to which this regulation applies pending their use in shotfiring operations.
(3) Where any storage to which regulation 10(2) of the 2006 Regulations applies for which a licence or certificate of registration is not required is to take place at a site in relation to which a person holds a licence or certificate of registration, that storage may only take place there where to do so would not result in a breach of the conditions of that licence or certificate of registration.
(4) The mine operator shall not designate a place under paragraph (2) unless it is—
(a)suitable; and
(b)capable of being made secure.
(5) A place designated under paragraph (2) shall, at all times, be made secure or be supervised.
Rules
31. Rules required by regulation 12 shall include—
(a)requirements relating to shotfiring operations;
(b)procedures for appointing shotfirers;
(c)procedures for authorising other persons who will be involved with the transport, storage, handling and use of explosives;
(d)requirements relating to misfires; and
(e)in mines in which places have been classified as hazardous under regulation 7(1) of DSEAR, requirements relating to testing for the presence of flammable gases before any shot is fired.