Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)RegulationsExplosives Regulations, 20244. 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 must apply in writing in a prescribed form for a licence to the chief inspector of occupational health and safety. |
| (2) | The chief inspector of occupational health and safety must acknowledge receipt of any application within 30 calendar days of receipt. |
| (3) | The chief inspector of occupational health and safety may— |
| (a) | 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 will lapse after 12 months if the erection of the building has not started within that period; |
| (b) | attach any condition to the licence that he or she deems reasonably necessary; |
| (c) | alter the condition of an existing licence after consultation with the employer, self-employed person, user and employees; |
| (d) | not issue a licence where an explosives manager has not been appointed in terms of regulation 12(1) or where the prescribed requirements have not been met; |
| (e) | upon application in writing, transfer a licence into the name of another person: provided that the application will be made prior to the transfer and the transferee will have appointed an explosives manager; |
| (f) | revoke any licence issued in terms of this regulation if the prescribed conditions are no longer being complied with or where no explosives manager is appointed; and |
| (g) | issue, amend, replace or withdraw guidelines, codes, standards or best practices on any matter covered in these regulations. |
| (4) | Any person applying for a magazine or explosives workplace licence must attach to such application— |
| (a) | a written authorisation from the relevant local government for the proposed new magazine or workplace; |
| (b) | the 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 certification; 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 must 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 drawn to scale, which 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, that 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 that are liable to spontaneous ignition; and |
| (iii) | articles that are otherwise dangerous; |
| (h) | The quantity of explosives, or any other partly or wholly mixed ingredients thereof, that he or she intends to use simultaneously in any danger room, danger building or complex; |
| (i) | The maximum number of persons that 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; |
| (k) | a full written report on the risk assessment conducted and compiled by an approved inspection authority; |
| (l) | a structural assessment report compiled by a structural engineer. |
| (6) | Any person who desires to erect or operate a magazine for the storage of explosives must apply in writing to the chief inspector of occupational health and safety for written approval. |
| (7) | No person may erect burning grounds within or near a danger area without an appropriate safe distance (refer to table of safety distances annexure1). |
| (8) | Any person who desires to use explosives in a workplace for any purpose must apply in writing to the chief inspector of occupational health and safety for written approval. |