Decree No. 327 / 1992 Coll.
Order of the Czech Mining Office laying down requirements for the safety and health of work and the safety of operations in the manufacture and processing of explosives and on the professional competence of workers for this activity
Valid
Effective from 30.06.1992
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327
DECLARATION
Czech Mining Office
of 13 April 1992
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
Pursuant to Articles 22 (17) and 36 (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., ("the Act '):
INTRODUCTORY PROVISIONS
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).
Basic concepts
(1) The manufacture of explosives for the purposes of this Decree is understood to mean only a production activity the final product of which is an explosive or explosive article.
(2) The processing of explosives means a manufacturing activity where explosives are used in the manufacture, but the final product is not classified as an explosive or explosive article.
(3) Permanent surveillance shall be continuous monitoring of the work activities of workers and the status of the workplace, by an organisation authorised by the worker who must not leave the workers or by any other appropriate means to guarantee a similar level of protection.
WORKERS, THEIR COMPETITIVENESS AND OBLIGATIONS OF ORGANISATION
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 under this Order shall have competence to at least the extent set out in Article 1 of Annex 1 thereto.
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.
Review of pyrotechnicians
(1) If the pyrotechnician has not performed for more than two years the destruction or disposal of explosives in the process of their manufacture or processing, the pyrotechnician shall be tested from both theoretical and practical knowledge, including the destruction of explosives on the shredder pit, before performing his duties again; in the event of failure to comply with this condition, the worker is not entitled to carry out such work.
(2) The same procedure as for the pyrotechnics test applies for checking.
Workers
(1) Each worker shall:
(a) report any nausea to your superior without delay;
(b) comply precisely with the operational documentation and rules on explosives;
(c) report to the supervisor without delay any defect which could jeopardise the safety of work and operation; If, when working with explosives, irregularities and suspicious phenomena are detected, the risk of explosion must not continue to work with explosives and must leave the vulnerable area.
(2) Workers working with explosives are prohibited
(a) to carry or retain in the workplace substances, articles or tools not prescribed in the operational documentation;
(b) to work on equipment in a state of failure;
(c) repair equipment without appropriate qualification and authorisation.
Obligations of the organisation
(1) The organisation is required to provide evidence to the worker before he or she is assigned to work on explosives with rules on safety and health at work and safety at work and with orders, prohibitions or other instructions for safety of life and health, operating rules, fire regulations, fire alarm, fire evacuation plan, use of appropriate personal protective equipment, operational documentation including hygiene rules for the relevant workplace and other measures aimed at ensuring safety and health at work. 6)
(2) The organisation must inform the worker of the properties of the substances it works with, in particular in terms of their toxicity and the risk of an unwanted explosion or fire, before it is included in the work on explosives.
(3) The organisation shall be required to train and verify regularly the personnel involved in the work of explosives at the time of the organisation's designation, at least once a year.
(4) The organisation shall keep records of the performance of the obligations referred to in paragraphs 1 to 3.
(5) The organisation is required to ensure permanent supervision.
Overtime and task work
(1) In the manufacture and processing of explosives or explosive compounds, overtime is prohibited.
(2) When dealing with explosives, tasking is prohibited.
(3) Working with explosives between 22.30 and 5.00 hours shall be prohibited except for operations the technology of which requires continuous operation even in those hours.
INJURY FOR EXPLOSIVE WORK
Operation of objects and organisation of work
(1) Order and cleanliness shall be maintained in and around all objects intended to work with explosives. Each item must have its designated place and the workplace must be clearly arranged. 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 combustible 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.
(2) Only the production equipment, tools and equipment required for the performance of the work prescribed in the operational documentation may be in the premises. After use, they must be stored in a clean state at the designated location. In an object, flammable liquid, gas or other readily flammable material may be provided 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.
(3) Put off clothing, store food, eat and drink only in reserved places (dressing rooms, dining rooms, offices, etc.).
(4) After the work shift has been completed or production has been interrupted for more than one shift, the premises, production facilities, tools and equipment shall be cleaned and inspected by a designated official who records the result of the inspection in the operational documentation.
(5) After the end of the working week or production cycle, the objects, manufacturing equipment, tools and equipment, as well as the surrounding objects, shall be thoroughly cleaned from the explosive residues, cleaned and inspected by a designated official who records the result of the inspection in the operational documentation.
(6) Explosive waste shall be stored in containers specially designed and clearly marked. Such waste must be registered, regularly disposed of and professionally destroyed.
(7) For waste which may accumulate in sewerage sinks or in places inaccessible to post-work cleaning, the operational documentation shall specify the method of disposal or destruction including the dates and manner of cleaning of such sites.
(8) Other wastes, waste and materials contaminated with explosives must be stored in containers suitable and clearly labelled for such purpose, and must be regularly removed and destroyed from the containers.
(9) The authorised quantity of explosives shall be indicated at each workplace in a visible place.
(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.
OPERATING DOCUMENTATION AND CORRECTION OF DEVICES FOR EXPLOSIVE WORK
Operational documentation
(1) The operational documentation shall determine the continuity and, where appropriate, the simultaneous nature of the operations, the conditions for the safe performance of the work, the places at risk and the manner in which they are marked, the means and the instrumentation to ensure the safety of the work and the operation, and the measures to ensure the work of the workplace for as long as it is not carried out.
(2) The operational documentation shall comply with the requirements of the regulations for safety of work and operation, with decisions to permit construction or equipment, with the technical conditions of the manufacturer or supplier of the equipment or construction and with the manufacturer's instructions for operating and maintaining the equipment.
(3) For similar activities, type operational documentation adapted to local conditions may be used.
(4) Workers must be familiar with the operational documentation to the extent that they are concerned before work begins.
(5) The organisation shall ensure regular and effective monitoring of compliance with operational documentation and its immediate adaptation under specific conditions.
(6) Without the operational documentation, no explosive operations shall be initiated.
(7) The operational documentation shall be kept at least one year after the completion of the work. If an event has occurred in the course of the work which is subject to reporting obligations under § 6 (3) (b) of the Act or other legislation17), the operational documentation must be kept for at least 5 years from such an event.
(8) The operational documentation shall be stored at a place designated by the organisation, accessible to personnel required to comply with it.
(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 this workplace.
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.
_
Treatment of fire and smoking
(1) In all premises and outdoor premises of an organisation where explosives are or may be prohibited from using open fires, hot objects and smoking, except in the cases referred to in paragraphs 3 and 4. It is also prohibited to bring objects to these places with which a fire can be set or cause an explosion (lighters, matches, etc.).
(2) In the premises and premises referred to in paragraph 1, clear signs or signs of prohibitions and warnings must be placed in suitable and visible places.
(3) Smoking is allowed only in rooms or places designated, clearly marked and reserved by organisations. These rooms and places shall be securely separated from those where there is a risk of explosion or fire and shall be equipped with ashtrays and non-portable lighters.
(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.
(5) The written authorisation referred to in paragraph 4 shall specify the workplace, the location, type and extent of the work, the instruments and equipment to be operated, the duration of their use and the safety measures, in particular the removal of flammable and explosive substances or their protection against ignition or explosion, the readiness of extinguishing agents and the carrying out of checks at work and after the completion of such checks. In addition, the written authorisation shall specify a permanent supervisor, a worker serving the designated equipment and a worker supervising the workplace and its surroundings during work breaks and after work with open fire. Authorisations issued shall be registered.
(6) Before starting work with open fire, the worker designated to carry out permanent supervision shall check compliance with the security measures laid down in the written permit and record the result of the check in the operational documentation.
(7) At the end of the open fire work, the worker performing a permanent inspection of the workplace and its surroundings shall be satisfied that there is no risk of fire or explosion. Inspections of the workplace and its surroundings after the completion of open fire work shall be carried out by the designated worker for 8 hours at intervals specified by the organisation; The results of the inspections shall be recorded in the operational documentation.
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).
PACK, NATIONAL TRANSPORT, DISTORTION AND IMPROVEMENT OF EXPLOSIVES
Packaging and in-house transport
(1) The packaging of the explosive must be such that:
(a) protect the explosive from external effects of the environment;
(b) its contents could not escape;
(c) was inert to the explosive and did not pose a risk of its initiation;
(d) allow the explosive to be removed easily from it; and
(e) no spontaneous opening or damage to the explosive has occurred during the prescribed handling.
(2) The requirements of paragraph 1 are deemed to be fulfilled if the packaging requirements of Annex A to the Europe Agreement on the International Carriage of Dangerous Goods by Road (ADR) and of the directly applicable regulation governing classification, labelling and packaging of substances and mixtures are met. 11
(3) The explosive intended for internal transport shall be clearly marked on its packaging at least by the name of the explosive and the date of manufacture or by any other indication enabling it to be identified. The first sentence shall apply mutatis mutandis to explosive samples.
(4) Intra-corporate transport, including the transfer of explosives, shall be governed by the operational documentation drawn up in accordance with Annex 2 to this Regulation.
Disposal and destruction of explosives
(1) Only pyrotechnicians can destroy defective explosives.
(2) The disposal of explosive residues by chemical means (leaching, decomposition), including the disposal of explosives in waste water, may be carried out only by qualified and authorised personnel according to operational documentation.
(3) If, when working with explosives, usable metal waste is generated, it can only be passed for further processing after the complete disposal of the explosives. This also applies to the disposal of technological equipment and tools.
(4) The principles for the disposal and destruction of explosives are set out in Annex 3 to this Decree.
SPECIFIC AND NOTIFICATION OBLIGATIONS OF ORGANISATION
Leaving the place in its original state
In order to ensure safety and health at work and safety of operations at work with explosives, nothing shall be changed in the place where a serious accident at work occurred or a serious incident, a dangerous condition or a serious accident (accident) which is subject to reporting obligations under the law until the district mining office has carried out a site examination or determined otherwise. The requirement of the first sentence shall not apply in the case of rescue of the affected, other rescue work or excluding safety of operation. In such cases, the organisation shall, if possible, procure documentation from the site prior to the start of the relevant operations indicating the changes made. Amendments necessary for other serious reasons may be made only with the consent of the Circular Mining Office.
COMMON, TRANSITIONAL AND FINAL PROVISIONS
Common provisions
The detection substance for the purpose of marking plastic explosives is any of the substances listed in Annex 4 to this Decree.
Transitional provisions
(1) Explosives organisations shall examine whether the measures to ensure safety and health at work and safety of operations comply with this Decree and bring them into line with it within six months of its entry into force.
(2) The professional competence of explosives workers obtained under the applicable regulations before the entry into force of this Order shall be deemed to be professional competence under this Order.
Exceptions
The provisions of this Decree may be derogated from if there is a risk of delay in the rescue of people or in the liquidation of a serious accident (accident), provided that the necessary safety measures are implemented.
Efficacy
This decree shall take effect on the day of its publication.
Chairman:
Ing. Bartoš v. r.
Příloha č. 1
Annex No 1
CONDITIONS FOR CONDUCTING COMPETITIVENESS FOR EXPLOSIVE WORK
Conditions for obtaining professional competence under Section 3
1. The condition for obtaining professional competence under Section 3 shall be the completion of a course in accordance with the curriculum referred to in paragraph 2 and the verification of the knowledge necessary for the safe conduct of explosives operations. The method of verifying knowledge shall be determined by the organisation.
2. The time range for teaching referred to in paragraph 1 shall be at least 40 hours in two consecutive weeks. The training shall be governed by the syllabus established by the organisation, taking into account the classification of the worker and the type of work carried out in the organisation, to at least the following extent:
(a) knowledge of explosives and the general characteristics of explosives;
(b) explosives handled by the organisation and the characteristics of such explosives;
(c) technology used by the organisation in the manufacture of explosives;
(d) regulations to ensure the safety and health and safety of operations at work with explosives.
3. The time range of teaching referred to in paragraph 2 may be reduced accordingly, or exceptionally waived if the person:
(a) carry out work on explosives in the framework of the study of an accredited study programme or of an explosives-oriented university;
(b) is a graduate of an accredited study programme or field of explosives university;
(c) carry out work on explosives in an occupational legal relationship with another organisation during the past 10 years for at least 2 years or have been taught in the course referred to in paragraph 1;
(d) has obtained professional qualifications for the use of explosives under another legislation (18), where such qualifications are available; or
(e) holds the approval of a pyrotechnician, a gunslinger or a technical leader, issued by a State Mining Authority.
Scope and conditions of training in the pyrotechnic course
1. The time range of teaching in the pyrotechnic course referred to in § 4 (f) shall be at least 100 hours, divided into four consecutive weeks. Teaching shall be guided by the syllabus to at least the following extent:
(a) safety regulations for the work of explosives and the fundamental rights and obligations of the pyrotechnician;
(b) essential means of shredding and pyrotechnics and their method of use, electrical and non-electrical expansion;
(c) destruction of explosives by burning;
(d) destruction of explosives by explosion;
(e) the disposal of explosives by leaching and by chemical means;
(f) destruction of explosive residues in the production facility;
(g) destruction of non-compliant products, scrap and cream;
(h) the foundations for the construction and destruction of articles containing explosives.
2. The conditions of training in the pyrotechnic course under the law are:
(a) the professional level of curriculum and teaching texts, in particular taking into account legislation and the latest knowledge of science and technology and their approval under the law;
(b) ownership or by contract of the provision of teaching space, in particular for construction or areas intended for the destruction and destruction of explosives in the course of teaching;
(c) provision of teaching by the necessary number of natural persons with professional training, knowledge and competence.
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Regulation Information
| Citation | Decree of the Czech Mining Office 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 competence of workers for this activity |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.1992 |
|---|---|
| Effective from | 30.06.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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