Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)

Regulations

Explosives Regulations, 2024

1. Definitions
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In these regulations "the Act" means the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), and any word or expression to which a meaning has been assigned in the Act, has the meaning so assigned and, unless the context otherwise indicates—

 

"ammonium nitrate"

means—

(a) ammonium nitrate as referred to in SANS 10228: The identification and classification of dangerous goods for transport by road and rail modes, and listed as UN number 1942;
(b) uniform mixtures of ammonium nitrate as defined in paragraph (a) with inorganic compatible materials where the total nitrogen content exceeds 28% with not more than 0,2% total combustible substances, including any organic substance calculated as carbon; and
(c) solutions of ammonium nitrate as defined in paragraph (a) containing less than 40% (volume per volume) water.

 

"authorised explosive"

means any article, substance or mixture that has the properties of an explosive and is approved by the Minister of Police and published by notice in the Gazette as an explosive;

 

"blasting"

means the firing of blasting explosives for such purposes as breaking rock or other material, moving material, or other similar activity approved by the chief inspector of explosives, and "blast" has a similar meaning;

 

"blaster"

means a competent person who is in possession of a valid blasting permit issued by the chief inspector of explosives;

 

"burning grounds"

means a fenced-in area with a controlled entrance where explosives may be exposed to a naked flame under safe controlled conditions;

 

"certificated person"

means any person to whom a certificate of competency in explosives has been granted or issued by the South African Qualifications Authority, an accredited service provider or any other organisation approved by the chief inspector of occupational health and safety;

 

"chief inspector of explosives"

means the chief inspector appointed in terms of section 2(1) of the Explosives Act, 1956 (Act No. 26 of 1956); or any other act that can supersede the above act;

 

"class 1.1–1.6"

means classes 1.1–1.6 of explosives as defined in SANS 10228: The identification and classification of dangerous goods for transport by road and rail modes;

 

"class 5.1"

means a class of oxidizing substances as defined in SANS 10228: The identification and classification of dangerous goods for transport by road and rail modes;

 

"competent person"

means a person who –

(a) has in respect of the work or task to be performed the required knowledge, training and experience and, where applicable, qualifications, specific to that work or task: provided that where appropriate qualifications and training are registered in terms of the provisions of the National Qualification Framework Act, 2008 (Act No 67 of 2008), those qualifications and that training must be regarded as the required qualifications and training; and
(b) is familiar with the act and the applicable regulations made under the Act;

 

"complex"

means a group of danger buildings in the same danger area;

 

"danger area"

means an area surrounded by a fence provided with a guarded entrance in which are situated explosives testing, manufacturing and storage buildings, and as much of the land surrounding them as is shown on the official explosives workplace site plan;

 

"danger building or room"

means any licensed building or room used as an explosives workplace or explosives magazine;

 

"danger zone"

means the region inside the area encompassed by the larger safety distance applicable to a danger building in terms of the safety distances stipulated in Annexure 1;

 

"explosive"

means—

(a) a substance, or a mixture of substances, in a solid or liquid state, which is capable of producing an explosion;
(b) a pyrotechnic substance in a solid or liquid state, or a mixture of such substances, designed to produce an effect by heat, light, sound, gas or smoke, or a combination of these, as the result of non-detonative self-sustaining exothermic chemical reactions, including pyrotechnic substances that do not evolve gases;
(c) any article or device containing one or more substances contemplated in paragraph (a);
(d) any plastic explosive;
(e) mixtures of ammonium nitrate, with or without inorganic compatible substances, with unrestricted combustible material and where the total nitrogen content exceeds 15%; or
(f) any other substance or article that the Minister of Police may from time to time by notice in the Gazette declare to be an explosive;

 

"explosives compatibility groups"

means explosives grouped together for their safe storage and transportation as defined in SANS 10228: The identification and classification of dangerous goods for transport by road and rail modes;

 

"explosives magazine"

means any building licensed under these regulations for the storage of explosives;

 

"explosives manager"

means a person appointed in terms of regulation 12(1)(a);

 

"explosives workplace"

means any workplace licensed under these regulations for the manufacture, testing, use and storage of explosives, together with every mound, building and works therein or thereon for whatever purpose used;

 

"explosives workplace licence"

means a licence referred to in regulation 4(2) or issued in terms of regulation 4(3) in respect of an explosives workplace for the manufacture, testing, use and storage of explosives;

 

"from magazines"

means from one danger building where explosives are stored to another danger building where explosives are stored;

 

"guarded entrance"

means an entrance through which no person, equipment or material can pass without the approval of the explosives manager or a person authorised by him and the monitoring by a guard or guarding system approved by the explosives manager;

 

"loose article"

means any tool, furniture, cleaning material, handling equipment, stationery or any other item that is not permanently affixed in a danger building where explosives are present;

 

"loose article list"

means a list approved by the explosives manager and posted in a conspicuous position in a building or room specifying the number and types of loose articles allowed and present in that building or room;

 

"magazine license"

means a license referred to in regulation 4(2) or issued in terms of regulation 4(3) in respect of a magazine for the storage of explosives;

 

"manufacture"

means the making or processing of any explosive including the division of any explosive from or into its component parts by any process, and the conversion of an explosive of one kind into an explosive of another kind, including the alteration, fitting for use, testing, on-site manufacture, repair or destruction of any explosive;

 

"mobile workplace"

means any mobile workplace licensed under these regulations for the manufacture, testing, use and storage of explosives;

 

"National Explosives Council"

means the council established under regulation 17;

 

"non-danger building or room"

means any building or room within the danger area that is used in connection with the manufacture, testing or storage of explosives, but in which no explosives are kept, used, tested or manufactured;

 

"non-detonatable explosive"

means an explosive that needs extreme conditions to initiate;

 

"non-explosives worker"

means an employee in an explosives workplace who normally performs his or her duties outside a danger area;

 

"non-sensitised explosive"

means any explosive or substance that needs to be sensitised by the addition of a gassing agent, chemical sensitiser, gas bubbles, organic fuel or micro balloons, or the like, for it to be used as an explosive;

 

"official explosives workplace site plan"

means a plan as contemplated in regulation 4(5)(b);

 

"operating instruction"

means a document approved by the explosives manager setting out in detail the methods, materials, equipment, tools and precautions to be used in a given operation;

 

"permanent and full-time capacity"

means employed by one employer only to work during all normal working hours of that employer;

 

"plant office"

means an office for the exclusive use of personnel for the direct control of the operations in the danger area and so situated that exposure to explosions is minimised;

 

"plant workshop"

means a workshop used exclusively to maintain equipment and buildings in the danger area;

 

"private use"

means the legal use of explosives by individuals for a specific purpose not connected with any other person, trade or business;

 

"process building"

means a danger building where work on explosives takes place;

 

"process magazine"

means a magazine within the safety circle of a process building in which explosives for one day's use are kept;

 

"professional engineer"

means an engineer who has received professional status from the Engineering Council of South Africa;

 

"public building"

means a structure beyond the danger zone to which members of the public have access and in which non-explosives workers are stationed;

 

"schedule licence"

means a licence categorised as—

(a) a schedule I explosives workplace licence, which is a schedule to the explosive workplace licence, in a format acceptable to the chief inspector of occupational health and safety, certified by the explosives manager and approved by the chief inspector of occupational health and safety; in which a description is given of all explosives that may be manufactured, tested, stored or used in a danger area, specifying nominal formulas, with tolerances, components, construction and packaging;
(b) a schedule II explosives workplace licence, which is a schedule to the explosives workplace licence pertaining to each danger building or room in the danger area, in a format acceptable to the chief inspector of occupational health and safety, certified by the explosives manager and approved by the chief inspector of occupational health and safety, specifying the name and number of the building or room, the maximum number of persons and the maximum mass of explosives allowed in the building or room, the operations authorised and which of these operations may be carried out simultaneously; or
(c) a schedule III explosives workplace licence, which is a schedule to the explosives workplace licence for a non-danger building or room in a danger area, in a format acceptable to the chief inspector of occupational health and safety, certified by the explosives manager and approved by the chief inspector of occupational health and safety, specifying the name and number of the building or room, the purpose of the building or room and the number of persons allowed therein;

 

"to magazines"

means from an explosives process building to any danger building where explosives are stored;

 

"to public buildings"

means from a danger building to public buildings as defined in these regulations, and includes main offices, main workshops and dwelling houses other than those defined under to railways, roads, etc.;

 

"to railways, roads, etc."

means from a danger building to railways, roads or open sports grounds, or to dwelling houses under the same ownership as the explosives factory and occupied by the owner or an employee;

 

"unauthorised explosive"

means any substance or mixture that has the properties of an explosive but has not been approved and published as an authorised explosive.