Decree No. 216 / 2017 Coll.
Decree amending Decree No. 102 / 1994 Coll., laying down requirements for the protection of safety and health at work and safety of operations in objects intended for the manufacture and processing of explosives, as amended by Decree No. 76 / 1996 Coll., and Decree No. 327 / 1992 Coll., laying down requirements for the protection of safety and health at work and safety of operations in the manufacture and processing of explosives and on the professional competence of workers for this activity, as amended by Decree No. 340 / 2001 Coll.
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216
DECLARATION
of 10 July 2017
amending Decree No. 102 / 1994 Coll., laying down requirements to ensure safety and health at work and safety of operations in objects intended for the manufacture and processing of explosives, as amended by Decree No. 76 / 1996 Coll., and Decree No. 327 / 1992 Coll., laying down requirements to ensure safety and health at work and safety of operations in the manufacture and processing of explosives and on the professional competence of workers for this activity, as amended by Decree No. 340 / 2001 Coll.
According to § 22 paragraphs 6 and 17, § 30 paragraph 2 and § 36 paragraph 6 of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 542 / 1991 Coll., Act No. 376 / 2007 Coll., Act No. 206 / 2015 Coll. and Act No. 451 / 2016 Coll.:
Amendment of the Decree laying down requirements to ensure safety and health at work and safety of operations in objects intended for the manufacture and processing of explosives
Decree No. 102 / 1994 Coll., laying down requirements to ensure safety and health at work and safety of operations in objects intended for the manufacture and processing of explosives, as amended by Decree No. 76 / 1996 Coll., is amended as follows:
1. In the introductory sentence of the Decree, the words "§ 23 paragraph 7 of the Act of the Czech National Council No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by the Act of the Czech National Council No. 542 / 1991 Coll., in agreement with the Ministry of Industry and Trade 'are replaced by the words" § 22 paragraph 6 and § 30 paragraph 2 of the Act No. 61 / 1988 Coll., on Mining Activities, Explosives and on State Mining Administration, as amended by Act No. 376 / 2007 Coll.
2. Paragraph 1, including the title and footnotes 1 to 3, reads as follows:
Subject matter
This decree provides
(a) technical requirements for the location and execution of structures and areas intended for the research, development, manufacture, testing, destruction, disposal or processing of explosives (1), including production, laboratory, delaboration or destruction of ammunition or munition2) or manufacture of pyrotechnic articles (3), where explosives are handled in such activities; and
(b) explosive hazard classes.
1) Paragraph 21 (1) (a) of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended.
2) Act No. 119 / 2002 Coll., on firearms and ammunition (Act on Weapons), as amended.
3) Act No. 206 / 2015 Coll., on pyrotechnic articles and on the treatment and modification of certain laws (Act on pyrotechnic), as amended by Act No. 229 / 2016 Coll. '.
3. in Article 2 (a):
"(a) the building or area intended for the research, development, manufacture, testing, destruction, disposal or processing of explosives,"
4. In Article 2 (c), the words "the place or object in which explosives are produced, processed and stored, or the border between the place of handling of explosives and the object at risk 'are replaced by the words" the object and surrounding construction or the area which this decree grants protection ("the endangered building') '.
5. In Paragraph 2 (d), the word "object 'is replaced by" endangered buildings'.
6. in Article 2, points (p) to (s) and (w) to (y) are deleted;
Points (t) to (v) shall be renumbered (p) to (r) and (z) shall be renumbered (s).
7. In Article 2 (p), the word "objects' is replaced by" buildings'.
8. In the heading of Part Two, the word ", SULNIC 'is deleted.
(9) footnote 4:
"4) Decree No. 268 / 2009 Coll., on Technical Requirements for Construction, as amended."
10. in Paragraph 4 (1), the words "Annex 1, which forms part of this Order," shall be replaced by the words "Annex 1, Explosive Storage Order 5";
footnote 5:
"5) Decree No. 99 / 1995 Coll., on the Storage of Explosives, as amended by Decree No. 342 / 2001 Coll., Decree No. 200 / 2006 Coll. and Decree No. 12 / 2017 Coll. '.
11. in Article 5 (1) and (2), including footnote 6:
"(1) The safety distance shall be determined in accordance with Annex 3 to this Order.
(2) When calculating the safety distance, all explosives, with the exception of explosives 1.4S in accordance with Annex A to the Europe Agreement on the International Carriage of Dangerous Goods by Road (ADR) 6, shall be included in the linings. If there are different hazard classes in the explosive object, the safety distances for the highest class and hazard group explosive shall be determined, taking into account the overall lining. If the part of the building is separated from the others in a way that prevents the escalation of the effects due to the initiation of explosives in other parts, partial lining of the part of the building may be used to determine the safety distance; the requirement is deemed to be met if the part of the building is separated from the others in a way that prevents the transfer of explosion and fire. When determining the safety distance between two mutually threatening objects, the safety distance shall be determined for each object separately, the larger of which being decisive. The safety distance shall be calculated from the wall or edge of the threatening space.
6) European Agreement on the International Carriage of Dangerous Goods by Road (ADR), published under No 64 / 1987 Coll. '
12. in Article 5 (4) and (5):
"(4) Where ammunition, ammunition or pyrotechnic articles are also present in the premises within their production, laboratory or delaboration, paragraphs 1 to 3 and Section 4 shall apply mutatis mutandis.
(5) Where a building intended for ammunition, ammunition or pyrotechnic articles is threatened by construction, paragraphs 1 to 3 and Section 4 shall apply mutatis mutandis. ';
13. in the fourth sentence of Paragraph 6 (1), the figure "8" is replaced by "5."
14. in Article 7 (1), the second sentence is replaced by the following: "The requirement under the first sentence shall be deemed to have been fulfilled if construction products of reaction to fire class A1, A2 or B are used and, in the case of wood products, products with treatment ensuring reaction to fire class B, classified in accordance with the legislation governing the technical conditions of fire protection construction 7."
footnote 7:
"7) § 6 of Decree No. 23 / 2008 Coll., on technical conditions for fire protection of buildings. '.
15. In Article 8, the sentence "The packaging of a hand warehouse shall be added to the panelling of the building in which it is set up for the purpose of determining the safety distances, unless the condition laid down in the third sentence of Article 5 (2) is met. 'is added at the end of paragraph 4.
16. in Paragraph 13 (1), the words "and before the dangerous effects of static electricity" shall be deleted and, at the end of paragraph 1, the following sentence shall be added: "Measures shall be taken against the accumulation of electric charges in premises with the risk of explosion or fire of explosives due to static electricity. Only electrical equipment intended for this environment may be used in spaces with a risk of fire or explosive explosion; This requirement shall be deemed to be met if the requirements of the Czech Technical Standard, which lays down the requirements for electrical equipment in spaces with explosive explosion or fire hazards 8, are met. ';
footnote 8:
"8) ČSN 33 2340 Electrical equipment in spaces with explosive explosion or fire risk."
17. in Article 13 (2), the words "Objects in which an interruption of electricity could cause" shall be replaced by the words "Objects in which an interruption of electricity supply could cause danger to persons."
18. Paragraph 14, including the title and footnote 9, reads as follows:
Auxiliary spaces
(1) Only strictly necessary technical and technological equipment related to the production operation can be placed in the building and only strictly necessary premises related to the production operation are established there.
(2) If a sanitary facility is established in the sanitary facility (9), or a space or an operating facility, it must be separated from the rest of the facility in a way limiting the danger of a person in that compartment or shelter; But they do not set themselves up in the midst of a wall. The first sentence shall apply mutatis mutandis to office premises and laboratories; if it is a laboratory intended to handle explosives, its linings shall not exceed the value referred to in Paragraph 18 (1).
9) Paragraph 54 (1) of Decree No. 361 / 2007 Coll. '
19. in Article 15, paragraphs 2 and 3 are deleted;
Paragraph 4 shall become paragraph 2.
20. In Article 16 (2), the words "testing rooms, development centres and shooting range 'are replaced by the words" testing rooms and development centres'.
21. in Paragraph 17, paragraph 1 is deleted;
Paragraphs 2 to 5 shall be renumbered paragraphs 1 to 4.
22. In Paragraph 18, paragraphs 2 to 4 and 8 are deleted.
Paragraphs 5 to 7 shall become paragraphs 2 to 4 and paragraph 9 shall become paragraph 5.
23. in Paragraph 18 (3), the word "normally" shall be inserted after the word "placed."
24th Paragraph 19 (1) reads:
"(1) The tests are for the determination and verification of functional and other explosive properties."
25. In Paragraph 19, the sentence "The camera must also be secured against the entry of unauthorised persons by fencing or other appropriate means' is added at the end of paragraph 3.
26. in Paragraph 19 (4):
"(4) In the event that the tests of explosives in the test room threaten the operator, the service shall be provided with an appropriate hiding place for the service, at a distance avoiding the danger of a person present in it or in a performance preventing the danger of a person present in it. ';
Article 27 (20) shall be deleted, including the title.
28. Part Three, including the title, is deleted.
29. Paragraph 29 (2) is deleted.
Paragraph 3 shall become paragraph 2.
(30) Annex No 1, including the title, shall be deleted.
31. In Annex 2, in respect of the type of production "Manufacture of explosives and sparks', in column C, the sentence" Objects of production and treatment of gaskets and sparks shall consist of a wet process with a moisture content exceeding 10% 'is deleted.
32. In Annex No 2, for the type of production "Black dust production and processing ', in column C, the sentence" Production of a double mixture based on ledec- coal, ledec- sulphur, processing and processing of dry black dust' is deleted.
33. In Annex 2, for the type of production "Manufacture and processing of plastic, semi-plastic and bulk explosives with explosives of groups AII and AIII ', the sentence" Objects for the preparation of inlay of dinitrols (melting, drawing, weighing)' is deleted from column C.
34. In Annex 2, the row for the production of "Manufacture of DAP explosives and emulsion explosives' is deleted.
35. In Annex 2, in the case of the type of production "Production of pyrotechnic compositions of group 1 ', in column D, the sentence" Preparation of oxidisers and metallic powders for pyrotechnic compositions of group 1' is deleted.
36. In Annex 2, in the case of the type of manufacture "Class A explosive ammunition production ', in column B, the phrase" Production and assembly of dust-free filling, assembly of cartridges, assembly of match screws, lighters and detonators. Surface treatment of ammunition (spraying, etc.). The packaging' is deleted and in column C, the words' are added after the text '200 g)'. Production and assembly of a load of free dust, assembly of cartridges, assembly of matchscrews, lighters and detonators. '.
37. In Annex 3 (1), the words "an object at risk and its degree 'are replaced by the words" an establishment at risk and its degree'.
38. In Annex 3 (2), the words "an object at risk, its' are replaced by the words" an establishment at risk '.
39. In Annex 3, paragraph 4, the word "coefficient 'is replaced by the words" coefficients selected'.
40. in Annex 3 (6) (c) and (7) (c), table 1 in row safety zone 2 and table 4 in row safety zone 3, the word "social" is replaced by "sanitary."
41. in Annex 3 (2), (6) (a), (7) (a), Tables 1 and 4 in row safety zone 1, the word "production" shall be deleted.
42. In Annex 3 (3) and the title of Table 2, the word "manufacturing 'is deleted.
43. In Annex 3 (6) (c) and (7) (c), the word "objects" is replaced by the word "buildings."
44. in Annex 3, paragraph 6 (b) and paragraph 7 (b), the words "production object" are replaced by the words "production and storage building."
45. In Annex 3, paragraph 8, the words "and the object at risk 'are replaced by the words" the object and the buildings at risk'.
46. In Annex No 3 (11), the words "or are not fixed 'are deleted.
47. In Annex 3, paragraphs 13 and 14 are deleted.
48. In Annex 3, Tables 1, 2 and 4, the words "Endangered object 'are replaced by the words" Endangered construction' and in Table 1, the words "Degree of damage to an object 'are replaced by the words" Degree of damage to a building'.
49. In Annex 3, Tables 1 and 4, in row safety zone 1, the words "objects of small importance 'are replaced by the words" buildings of small importance'.
50. In Annex 3, Tables 1 and 4, in row safety zone 1, the words "and shooting range 'are deleted.
51. In Annex 3, Table 4, in row safety zone 2, the words "Production buildings' are replaced by the words" Construction buildings for production and storage 'and in row safety zone 3, the word "Objects' is replaced by the word" Construction '.
Transitional provision
When changing the completed object, maintenance work or change in the use of the object, the object must comply with Decree No. 102 / 1994 Coll., as effective after the entry into force of this decree. When a part of an object or maintenance work on a part of an object is changed, the relevant part of the object must be brought into conformity with Decree No. 102 / 1994 Coll., as effective after the entry into force of this decree.
Amendment of the Decree laying down requirements to ensure safety and health at work and safety of operations in the manufacture and processing of explosives and on the competence of workers for this activity
Decree No. 327 / 1992 Coll., laying down requirements to ensure safety and health at work and safety of operations in the manufacture and processing of explosives and on the professional competence of workers for this activity, as amended by Decree No. 340 / 2001 Coll., is amended as follows:
1. In the introductory sentence of the Decree, the words "§ 6 paragraph 6, § 23 paragraph 7, § 33 paragraph 5, § 36 paragraph 6 and in agreement with the Ministry of Industry of the Czech Republic pursuant to § 23 paragraph 7 and § 36 paragraph 7 of the Act of the Czech National Council No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by the Act of the Czech National Council No. 542 / 1991 Coll. 'are replaced by the words" § 22 paragraph 17 and § 36 paragraph 6 of the Act No. 61 / 1988 Coll., on Mining Activities and on State Mining Activities and State Mining Administration, as amended by Act No. 542 / 1991 Coll., Act No. 376 / 2007 Coll., Act No. 206 / 2015 Coll., and Act No. 451 / 2016 Coll. (hereinafter "the Act').
2. Paragraph 1, including the title and footnotes 1 and 16, reads as follows:
Subject matter
(1) The Order provides for:
(a) requirements to ensure safety and health at work and safety of operations in the manufacture, processing, research, development, testing, destruction and disposal of explosives (1) (hereinafter referred to as "explosives operations");
(b) the content of the operational documentation for the activities referred to in (a);
(c) the scope and conditions of teaching and the conditions for obtaining competence to handle explosives in the disposal and destruction of explosives in the manufacture and processing of explosives;
(d) requirements for the qualification and competence of personnel in the manufacture, processing, research, development and testing of explosives; and
(e) the types and content of detection substances in plastic explosives.
(2) This decree does not apply to the destruction of failures at the place of carrying out the shredding work under another legislation16).
1) Paragraph 21 (1) (a) of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended.
16) Decree No. 72 / 1988 Coll., on the use of explosives, as amended. '
3. In Paragraph 2 (3), the words "in which a worker intended for this activity must not leave the workers' shall be replaced by" by an organisation authorised by a worker who must not leave the workers or by any other appropriate means to guarantee a similar level of protection '.
4.
Eligibility for explosives
The person carrying out the work of explosives, as well as the person carrying out the tasks of evaluating and preventing risks at the work of explosives, and the person drawing up and authorising the operational documentation referred to in this Order, shall have at least the expertise set out in Article 1 of Annex 1 to this Order. ';
5. Article 4, including the title and footnote 2, reads as follows:
Pyrotechnician
Conditions for obtaining the approval of a pyrotechnician for the treatment of explosives in the disposal and destruction of explosives in the process of the manufacture and processing of explosives, including research, development and experimental production, if, in addition to the age requirement under Section 35 (2) of the Act, the applicant complies with:
(a) is fully competent;
(b) achieve at least basic education;
(c) is impeccable under § 34 (2) of the Act;
(d) he is fit for handling explosives, as evidenced by an appropriate medical opinion; a person suffering from diseases that exclude medical fitness for work in the handling of explosives under the Ordinance on occupational medical services and certain types of assessment care (2) cannot be recognised as unfit;
(e) is competent to work with explosives pursuant to § 3; and
(f) have completed the training in the pyrotechnic course according to the syllabus set out in Annex 1 to this Decree and have successfully passed the test to which the training in the pyrotechnic course is completed to demonstrate the theoretical and practical knowledge necessary for the destruction and disposal of explosives under the test schedule set out in Annex 1 to this Regulation.
2) Decree No. 79 / 2013 Coll., on the implementation of certain provisions of Act No. 373 / 2011 Coll., on specific health services (Decree on occupational medical services and certain types of assessment). '
(6) Sections 5 and 7 shall be deleted, including the headings and footnotes 3 to 5.
7. In Article 6 (2), the words "registration and 'are deleted.
8. Paragraph 8 (1) shall be added at the end of the text in point (c) "if, when dealing with explosives of irregularity and suspected phenomena, the risk of explosion can be considered, it shall not continue to work with explosives and shall leave the vulnerable area '.
9. In Article 9 (3), the words "responsible representative of the organisation 'are replaced by the words" organisation at least once a year'.
(10) In Article 9 (5), the words "for workers working with explosives and changing the type of work of preventive medical examinations under special regulations.7)" shall be replaced by "permanent surveillance."
footnote 7 is deleted.
11. Article 11, including the title and footnotes 8 and 9, shall be deleted.
12. Paragraph 12 (1) is deleted.
Paragraphs 2 to 11 shall be renumbered paragraphs 1 to 10.
13. In the first sentence of Article 12 (1), the words "the use of which may affect the operation of an object 'shall be deleted and at the end of paragraph 1 the sentence" The outer space within 5 m of the outer wall or edge of the object and the inner side of the protective wall shall be permanently removed from the flammable crop and material. Escape routes and emergency exits shall be maintained passable. Transport routes and paths for walking must be maintained in such a way that transport, including the transfer of explosives, along transport routes and walking paths for walking is always safe.'
14. In Paragraph 12, the sentence "In the object, the flammable liquid, gas or other readily flammable material may be used only in the quantities strictly necessary for the operations, in appropriate containers, in a specified place and must be marked in the manner prescribed in the operational documentation. '
15. Paragraph 12 (10) reads:
"(10) For laboratories and testing rooms, paragraphs 2 and 4 shall apply mutatis mutandis, where samples of explosives may be stored permanently, provided that they are regularly processed. ';
16. Paragraph 13 (1) is deleted.
Paragraphs 2 to 11 shall be renumbered paragraphs 1 to 10.
17. in Paragraph 13 (7), the words "mass, heavy or fatal injury" shall be replaced by the words "events subject to reporting obligations under Article 6 (3) (b) of the Act or other legislature17" and the words "since the accident" shall be replaced by the words "from such an event."
Footnote 17 reads:
"(17) Government Regulation No. 201 / 2010 Coll., on the method of recording accidents, reporting and sending an accident record, as amended by Government Regulation No. 170 / 2014 Coll. '
18. in Article 13 (9) and (10):
"(9) The requirements for the content of the operational documentation are set out in Annex 2 to this Decree.
(10) The requirements of paragraphs 1 to 9 shall apply mutatis mutandis to the research and development of explosives and to the manufacture of explosives in laboratories or semi-plants, as well as to the testing of explosives, unless the performance tests of mass-produced explosives are concerned; however, the operational documentation shall include:
(a) designated by the worker responsible for this activity;
(b) general safety guidelines are laid down; and
(c) the maximum permitted quantity of explosives for that establishment. ';
19. Paragraph 14, including the title, reads:
Repair services of machinery and equipment
(1) If the repair is not carried out on a standard basis according to the operational documentation, the repair of the machine and equipment is carried out only on the basis of a written repair order issued by the organisation. The repair command shall be part of the operational documentation and shall contain at least:
(a) the definition of the machine or equipment, including the definition of the workplace where the repair will be carried out;
(b) a description of the repair procedure;
(c) the necessary measures to ensure the safety of work and operation before, during and, where appropriate, after the repair, including the cleaning of explosive residues and the checking of purity;
(d) the identification of the persons responsible for the repair,
(e) the method of checking the implementation of the measures referred to in (c) and the monitoring of the implementation of the correction, including the determination of responsibility for such action; and
(f) the time limit for the validity of the order, the date of its issue and the signature of the issuing person.
(2) The organisation shall record the repair according to the order as part of the operational documentation.
(3) If the repair is to be carried out by a person other than the worker of the organisation, the machine or equipment shall be completely cleaned of the residues of explosives and other dangerous substances and mixtures at the latest before it is handed over to another entity; paragraphs 1 and 2 shall apply mutatis mutandis. ';
20. In Article 15 (3), the words "and non-portable lighters' shall be added at the end of the text.
21. Paragraph 15 (4) reads as follows:
"(4) The use of open fire shall be permitted only in strictly necessary cases, after measures have been taken to exclude the possibility of explosion or fire, provided that the operational documentation allows such action. If the operational documentation does not allow such a procedure, this may also be done on the basis of written approval of the organisation; the written authorisation shall form part of the operational documentation. ';
22. Paragraph 16, including the title and footnote 10, reads as follows:
Electrical equipment and electrostatic energy
Measures shall be taken to prevent the accumulation of electrical charges in areas with a risk of explosion or fire of explosives due to static electricity. Only electrical equipment intended for this environment may be used in areas with fire or explosive hazard. These requirements shall be deemed to be met if the requirements of the Czech Technical Standard are met, which lays down requirements for electrical equipment in spaces with explosion or fire hazards and requirements of the Czech Technical Standard setting out requirements for the exclusion of static electricity hazards (10).
10) ČSN 33 2340 Electrical equipment in spaces with explosive explosion or fire risk. ČSN CLC / TR 60079-32-1 Explosive atmosphere - Part 32-1: Instructions for protection against static electricity effects. '
23. Article 17 shall be deleted, including the title.
24. In Part Six, the words "INDIVIDUAL 'and" EVIDENCE' are inserted after the words "PACKAGE '.
25. Paragraph 18, including the title and footnote 11, reads:
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Regulation Information
| Citation | Decree No. 216 / 2017 Coll., amending Decree No. 102 / 1994 Coll., laying down requirements to ensure safety and health at work and safety of operations in objects intended for the manufacture and processing of explosives, as amended by Decree No. 76 / 1996 Coll., and Decree No. 327 / 1992 Coll., laying down requirements to ensure safety and health at work and safety of operations in the manufacture and processing of explosives and on the professional competence of workers for this activity, as amended by Decree No. 340 / 2001 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.07.2017 |
|---|---|
| Effective from | 01.08.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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