Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)Explosives Regulations, 20024. Licensing of explosives workplaces |
| (1) | Any person who desires to erect or operate a new explosives workplace for the manufacture, testing, use or storage of explosives shall apply for a licence in writing to the chief inspector of occupational health and safety. |
| (2) | The licence of any explosives workplace which is in force at the time of the promulgation of these regulations shall be deemed valid: Provided that the Licensing conditions as contemplated in these regulations shall be complied with within twelve months of promulgation of these regulations. |
| (3) | The chief inspector of occupational health and safety – |
| (a) | may issue a licence subject to compliance with these regulations and after consultation with the relevant employer, self-employed person or user and local government: Provided that such licence shall lapse after twelve months if the erection of the building has not started within that period |
| (b) | may attach any condition to the licence that he or she deems reasonably necessary; |
| (c) | may alter the condition of an existing licence after consultation with the employer, self-employed person, user and employees; |
| (d) | shall not issue a licence where a competent explosives manager has not been appointed in terms of regulation 12(1) or where the prescribed requirements have not been met; |
| (e) | may upon application in writing transfer a licence into the name of another person: Provided that the application shall be made prior to the transfer and the transferee shall appoint a competent explosives manager: and prescribed conditions are no longer being complied with or where no competent explosives manager |
| (f) | may revoke any licence issued in terms of this regulation if the prescribed conditions are no longer being complied with or where no competent explosives manager is appointed. |
| (4) | Any person applying for a magazine or explosives workplace licence shall attach to such application – |
| (a) | Written authorisation from the relevant local government for the proposed new magazine or workplace; |
| (b) | Written approval from the chief inspector of explosives concerning security aspects for the area and buildings of the proposed workplace or magazine |
| (c) | The letter of appointment of the competent explosives manager, including the acceptance of the appointment; |
| (d) | The physical address of the explosives workplace or magazine; |
| (e) | Documentary proof of the explosives manager’s competency; and |
| (f) | A full written report on the risk assessment compiled by an approved inspection authority. |
| (5) | Any person applying for a licence to manufacture, use, test or store explosives in the proposed explosives workplace or magazine shall submit draft schedule licences, certified by the explosives manager, and drawings in duplicate setting forth the following— |
| (a) | An area plan of the proposed site indicating the danger zone; |
| (b) | A site plan, which is drawn to scale, is easily readable and clearly indicates the complete layout of the site and the danger zone; |
| (c) | The safety distances, as contemplated in Annexure I, which are to be maintained between danger buildings, and between danger buildings and other buildings or works used in connection with the explosives workplace |
| (d) | The compatibility of materials to be used in the construction of danger buildings; |
| (e) | Building plans for all danger buildings or works as designed and approved by a professional engineer; |
| (f) | The nature of the process to be used in the workplace and the place at or in which he or she intends to implement each manufacturing process, activity and type of work; |
| (g) | The places at or in which he or she proposes to store, destroy or test – |
| (i) | any ingredient of explosives; |
| (ii) | other articles or substances which are liable to spontaneous ignition; and |
| (iii) | articles which are otherwise dangerous; |
| (h) | The quantity of explosives, or any other partly or wholly mixed ingredients thereof, which he or she intends to use simultaneously in any danger room, danger building or complex; |
| (i) | The maximum number of persons which he or she intends to employ in each danger room, danger building or complex; and |
| (j) | Any additional information that may be required by the chief inspector of occupational health and safety. |
| (6) | Any person who desires to erect or operate a magazine for the storage of explosives shall apply in writing to the chief inspector of occupational health and safety for written approval. |
| (7) | No person shall erect burning grounds within or near a danger area without an appropriate safe separation. |
| (8) | Any person who desires to use explosives in a workplace for any purpose shall apply in writing to the chief inspector of occupational health and safety for written approval. |