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Explosives Act, 1956 (Act No. 26 of 1956)

Explosives Regulations

Chapter 2 : Manufacture of Explosives on Explosives Factories

 

 

2.1 An explosives factory may be established, erected and maintained only in accordance with the provisions of the Act.

 

2.2
2.2.1 Any person who desires to erect or carry on a factory for the manufacture of explosives shall make application, in writing, to the Chief Inspector of Explosives, attaching to such application a draft licence together with diagrams and plans of the proposed factory, drawn to the scales prescribed in this regulation, and the application shall set forth--
a) The situation and extent or area of the land on which it is proposed to erect the factory, together with the area of surrounding land which it is proposed to leave free of buildings;
b) The several distances which it is proposed to maintain between the several danger buildings respectively, and between those danger buildings and other buildings or works used in connection with the factory;
c) the building materials to be used in, and the mode of construction of, all danger buildings and works to be used on or in or in connection with the factory;
d) the nature of the processes of manufacture to be used in the factory, the place at which each process of manufacture and each description of work is intended to be carried on in the factory, and the places on or in which it is proposed to keep in store any ingredients of explosives or other articles which are liable to spontaneous ignition or combustion or which are otherwise dangerous;
e) the quantity of explosives or of any partly or wholly mixed ingredients thereof which it is proposed to use simultaneously in or near any building or machine;
f) the maximum number of persons which it is proposed to employ in each danger building in the factory; and
g) any further particulars which the Chief Inspector of Explosives may require, having regard to any special circumstances arising from the locality or construction of any building or works or to the nature of any process to be carried on therein.
2.2.2 The plans required in terms of regulation 2.2.1 shall be drawn to the following scales:
a) Site plans - one to 1 000;
b) plans for buildings and mounds - one to 50; and
c) plans of machinery - one to 10.

 

2.3 The following table of distances shall form the basis on which applications for permission to establish explosives factories will be considered:

 

Table of Safety Distances

(All distances are in metres)

 

Nett explosives Quantity (kilograms)

To magazines

To and between process buildings

To main offices and workshops

Mounded or unmounded

Mounded

Mounded or unmounded

Mounded

Mounded or unmounded

Category

Category

Category

Category

Category

X

Y

Z or ZZ

X

Y

Z or ZZ

X

Y

Z or ZZ

50

9

9

9

9

10

18

15

23

24

75

9

9

10

9

13

20

17

26

28

100

9

9

11

9

15

22

18

30

32

200

9

9

14

9

18

27

22

37

50

300

9

10

16

9

21

30

25

42

68

400

9

11

18

9

23

33

29

47

82

500

9

13

19

9

25

36

31

50

94

600

9

13

20

9

27

40

32

53

106

700

9

13

21

9

28

44

33

56

117

800

9

14

22

9

29

48

34

58

130

900

9

14

23

9

31

53

35

62

140

1 000

9

14

24

10

32

56

36

63

150

1 200

10

15

25

13

34

63

37

68

170

1 500

11

15

27

16

36

72

38

72

190

2 000

12

17

30

19

40

85

40

80

230

2 500

13

18

32

21

43

96

42

86

260

3 000

14

19

35

22

46

106

43

91

280

5 000

17

21

40

25

54

135

46

108

360

10 000

21

28

50

27

68

175

50

136

470

20 000

25

37

65

27

85

225

55

170

600

40 000

27

50

80

27

110

285

60

220

760

80 000

27

65

100

27

135

360

65

270

950

150 000

27

90

125

27

170

440

70

340

1 180

250 000

27

105

150

27

200

520

70

400

1 400

 

2.4 The terms of the licence issued for an explosives factory shall be duly observed, and the manufacture or keeping, or any process in or work connected with the manufacture or keeping of explosives shall not be carried on except in accordance with those terms.

 

2.5 No part of an explosives factory shall be used for any purpose not authorised by the licence.

 

2.6
2.6.1 The occupier of an explosives factory shall appoint in writing a full-time employee, who shall be responsible for the management and control of the factory, as safety manager in order to assist the occupier in the performance of any duty imposed on him by or under the Act.
2.6.2 The appointment of a safety manager shall not exempt the occupier from any duty referred to in regulation 2.6.1.

 

2.7 The occupier of an explosives factory shall--
a) make a copy of the Act and of the regulations contained in Chapter 2 available for perusal by persons in his employ;
b) take all reasonable steps to ensure that the provisions of the Act and of these regulations are observed by every person in his employ who performs any work in the danger area, as referred to in regulation 2.8.1;
c) in the interest of safety, enforce discipline in the danger area;
d) ensure that work in the danger area is performed under the general supervision of a person who has the knowledge and experience necessary to assess the hazards associated with the performance of such work;
e) cause all employees to be instructed regarding the scope of theft authority;
f) establish, as far as is reasonable, what dangers to the safety of persons may arise from the performance of any work, or the processing, use, handling storing or transport of any article or the use of any machinery in the danger area and, further, what precautionary measures must be taken with respect to such work, article or machinery in order to promote the safety of persons;
g) provide the necessary means in respect of the precautionary measures referred to in paragraph (f);
h) take such steps as may be necessary to remove any danger or potential danger to the safety of persons as far as is practicable;
i) as far as is reasonable, cause every employee to be made fully conversant with the dangers to his safety attached to any work he has to perform, any article he has to process, use, handle, store or transport and any machinery he is required or permitted to use, and also with the precautionary measures which are to be taken and observed with respect to those dangers; and
j) as far as is reasonable, not permit any employee to do any work or to process, use, handle, store or transport any article or to operate any machinery unless the precautionary measures introduced in terms of paragraphs (f) and (h) or any precautionary measures as may be prescribed, are complied with.

 

2.8
2.8.1 In every explosives factory the explosives manufacturing and storage sections and so much of the land surrounding them as may be shown on the official factory site plan shall be fenced in and shall be known as the "danger area" of the factory. Entrance into a danger area shall be made only through a gate stipulated by the safety manager and any person entering shall submit to being searched by a person authorised thereto by the safety manager. A register shall be kept of every person entering or leaving a danger area together with the time he enters and the time he leaves.
2.8.2 In every explosives factory the provisions of the regulations dealing with machinery, made under the Machinery and Occupational Safety Act, 1983 (Act 6 of 1983), shall apply mutatis mutandis. Any reference in the said regulations to a "Chief Inspector" and an "Inspector" shall for the purposes of this regulation be deemed to refer to an inspector as defined in section 1 of the Act.

 

2.9
2.9.1 Every person who is employed in or about a danger area or who enters a danger area for any reason whatsoever shall take all due precautions far the prevention of accidents and shall abstain from any act whatsoever which tends to cause fire or explosion, and is not reasonably necessary for the purpose of the work in the factory.
2.9.2 Every employee shall carry out a lawful order given to him and shall obey the rules and procedures prescribed or introduced by his employer, the safety manager or any other person authorised thereto by the employer or safety manager.
2.9.3 Every employee shall, where a potentially unsafe situation at or near his workplace comes to his attention, immediately report such situation to a supervising official.

 

2.10
2.10.1 Only persons or vehicles authorised thereto by the safety manager shall be permitted to enter any danger area.
2.10.2 No person shall take or attempt to take intoxicating liquor or narcotics into or through any danger area unless he is authorised thereto in writing by the safety manager. No person shall when under the influence of intoxicating liquor or a narcotic enter or be in such danger area. Any person who has entered a danger area or been found there in a state of intoxication shall be arrested immediately by the safety manager or any other person authorised thereto by him and be handed over to the South African Police.
2.10.3 No person shall take, or attempt to take, tobacco, in whatever form, matches, cigarette lighters or any means of producing a naked flame into or through any danger area, or smoke in a danger area, except under such conditions as determined by the occupier.
2.10.4 Every person entering a danger area shall make certain by searching himself that he has about him no articles prohibited in terms of the regulations and the security guard or other person authorised by the safety manager shall also question such person as to such articles.
2.10.5 No food, medicine or drinkable fluids shall be taken into or consumed within a danger area, except in the recognised messrooms or other places designated by the safety manager: Provided that water may be consumed under safe and uncontaminated circumstances.
2.10.6 Any person entering or leaving the danger area through the normal points of entry or exit designated by the safety manager shall ensure that the gatekeeper, security guard or other person authorised by the safety manager has identified him, and any person entering, leaving or found in the danger area shall submit to being searched by the gatekeeper, security guard or other person authorised thereto by the safety manager.
2.10.7 No person may enter or leave a danger area at any point other than the normal points of entry or exit, unless he has obtained special permission therefor from the safety manager or a supervising official appointed by him, and in such case the person shall immediately advise the gatekeeper, security guard or other person authorised thereto by the safety manager, at a designated point of control, of his entry to or exit from the danger area.

 

2.11
2.11.1 Every building in which explosives may, under the terms of the licence, be manufactured or kept, shall be used only for such purposes as are provided for in the licence and for the keeping of approved receptacles, tools or implements necessary for such purpose.
2.11.2 All buildings shall be maintained in good order and the interior of every building in which any manufacturing process is carried on or which may, at any stage of the process of manufacture, contain explosives or any ingredients thereof, either mixed or partially mixed, including the benches, shelves and fittings in such buildings, shall, so far as is reasonably practicable, be kept clean and free of grit.
2.11.3 Buildings used in connection with the manufacture of explosives but in which no material of an explosive nature is made, used or kept, shall not be deemed to be danger buildings and the relative schedules of the licence distinguishing such buildings from danger buildings shall be deemed to be a certificate to this effect.
2.11.4 Every danger building shall be protected against lightning in accordance with the SABS code of practice, unless exempted, in writing, by an inspector, and all danger buildings having metal walls or roofs, including all plants and machines in such buildings, shall be efficiently earthed.
2.11.5 No charcoal, whether ground or otherwise, oiled or oily cotton rags or cotton waste, or any article whatsoever liable to spontaneous ignition shall be taken into any danger building except for the purpose of immediate supply and work, or for immediate use in such building, and upon the cessation of such work or use it shall be removed forthwith.
2.11.6 Before repairs are done to or in any danger building such building shall, so far as is practicable, be cleaned by the removal of all explosives and ingredients thereof, whether mixed or otherwise, and, if necessary, by the thorough washing out of the building or part of the building to or in which repairs are required. After the building has so been cleaned it shall not be deemed to be a danger building for the purpose of the Act and these regulations until explosives or the ingredients thereof are again taken into it.
2.11.7 The official number of the building shall be kept constantly affixed on the outer wall of every building within the danger area and near the main door thereof. Inside every danger building there shall be constantly affixed, in a conspicuous position, where it can be easily read, an extract from the factory licence that refers to the building, which indicates the quantities of explosives or ingredients thereof allowed to be in the building, the operations that may be carried on therein and the number of persons allowed to be in the building. A copy of these regulations and of the instructions relating to the operations in the building approved by the safety manager and issued in terms of regulation 2.11.16 shall be kept readily available inside each danger building. Such regulations, extract from the factory licence and instructions and any other requirements shall be printed or typed in English and Afrikaans.
2.11.8 Any person entering the danger area shall be issued with and shall wear such protective clothing as determined by the safety manager.
2.11.9 Any vehicle or receptacle in which explosives, or the partly mixed ingredients thereof, are conveyed, shall contain only such explosives and ingredients, and shall be closed or otherwise properly covered. The explosives and ingredients shall be conveyed as quickly and carefully as possible and with such precaution and in such manner as will effectively guard against any accidental ignition or explosion.
2.11.10 No person under the age of 18 years shall be employed in or enter any danger building, except in the presence and under the supervision of a person over the age of 21 years.
2.11.11 No person shall be employed in any danger building unless there is a competent, properly trained person, capable of speaking English or Afrikaans fluently, in charge.
2.11.12 Every ingredient that is manufactured into explosives that either by itself possesses explosives properties or which when mixed with any other ingredient or object also present in any danger building is capable of forming an explosive mixture or an explosive compound shall be removed as quickly and carefully as possible from such building as soon as the authorised process connected with those ingredients that is carried on in such building is completed, and all finished explosives shall be removed as quickly and carefully as possible to a factory magazine or dispatched immediately from the factory, and such explosives and ingredients shall be loaded or unloaded as quickly and carefully as possible.
2.11.13 When the presence of foreign matter in the explosives or any ingredient thereof constitutes a danger, all ingredients to be made or mixed into explosives shall, before being so made or mixed, be carefully examined, sifted or otherwise treated for the purpose of removing therefrom or excluding, so far as practicable, all such dangerous foreign matter.
2.11.14 If, in the opinion of the safety manager, or a supervising official appointed by him, the approach or development of a thunderstorm in the vicinity of the factory constitutes a danger, the danger buildings shall be closed and every person engaged in or about them shall be withdrawn.

Where an operation is in progress the stopping of which would constitute a danger, the operation shall be continued, to the point at which it can be suspended with safety and no such operation shall be recommenced while the thunderstorm, in the opinion of the safety manager or a supervising official appointed by him, continues to constitute a danger.

2.11.15 As much of the land around a danger building as may be necessary to minimise the risk of veld fires shall be kept clear of grass and other vegetation.
2.11.16 The safety manager shall approve, in writing, the methods, materials, equipment and tools to be used in each of the manufacturing operations.
2.11.17 Supervising officials shall ensure that all operators under their control are acquainted with these regulations and the applicable operating instructions and any other requirements laid down by the occupier.
2.11.18 Visitors to a danger area who are not acquainted with the routes within the danger area shall be escorted while in the danger area by a guard or other factory official detailed for this purpose.
2.11.19 All employees shall proceed to and from their places of work by the most direct authorised route.
2.11.20 No person may visit or remain at any danger building or any place in a danger area, except in the normal course of his duties.
2.11.21 Every person in a danger area shall at all times behave in an orderly manner.
2.11.22 The speed of any vehicle in a danger area shall not exceed 35 km/h. Vehicles conveying explosives shall at all times have the right of way over all other vehicular traffic. Pedestrians using roads in the danger area shall as far as practicable walk facing the oncoming traffic.
2.11.23 A manually propelled vehicle, whether or not it contains explosives, shall not be moved faster than at a walking pace. A manually propelled vehicle shall not be released until it has first been brought to a stop. Unauthorised interference with the brakes of such vehicles is prohibited. Vehicles containing explosives shall not be left unattended except at designated places.
2.11.24 Only containers specially provided for the conveyance of explosives shall be used for the transporting of explosives and such containers shall at all times be kept clean, free from grit and in a good state of repair.
2.11.25 Explosives or materials contaminated with explosives or containers which house explosives or which are contaminated with explosives shall not be taken into a building which is not licensed to contain explosives.
2.11.26 Containers of explosives shall be handled in the approved manner only.
2.11.27 Movable objects in a danger building or objects contaminated with explosives shall be handled in the approved manner only.
2.11.28 Under no circumstances may explosives be exposed to the direct rays of the sun or direct to rain, and shall be properly covered during transport.
2.11.29 The conditions as laid down in the licence of a danger building shall be observed.
2.11.30 All trainee operators in danger buildings shall wear a red arm band until their training period is completed.
2.11.31 Notwithstanding authorised licence limits, it shall be accepted as a firm practice that whenever the quantity of explosives or the number of operators can be reduced this shall be done.
2.11.32 Every person in a danger area shall perform his work in a careful and regular manner and shall avoid any act involving shock, friction or the slightest risk of fire and explosion. Any operation which appears to require the exertion of unusual force shall be suspended at once and the matter reported to a supervising official. All tools equipment and movable objects shall be handled with the greatest care and shall not be thrown down or allowed to fall.
2.11.33 In the event of any mishap occurring, abnormal conditions being discovered or any unusual occurrence taking place, operations shall be stopped immediately, except where this is not possible owing to the nature of the process, in which case immediate action shall be taken in accordance with the relevant procedures laid down and a report shall be made to a supervising official as soon as possible. No further action shall be taken until instructions have been received, except that in an emergency immediate action shall be taken by the operator on the spot in accordance with prescribed procedures in order to render conditions safe and a report shall be made as soon as possible to a supervising official.
2.11.34 An operator shall report without delay if any plant or equipment under his control requires attention.
2.11.35 All plant and equipment and the environs of danger buildings shall be kept clean. The sweepings and waste from danger buildings shall be dealt with according to prescribed procedures.
2.11.36 The operator in charge of a danger building shall at all times be in a position to exercise control of the operations in the danger building. When operations are terminated the operator in charge shall ensure that the building and equipment are clean. He shall then lock up the building and deposit the keys at the designated place.
2.11.37 All the doors of a danger building shall remain unlocked and unbolted while operations are in progress. Doors shall not be allowed to slam. A clear passage shall be kept to all entrances and exits at all times.
2.11.38 No metal or glass article or anything likely to cause a fire or explosion may be taken into danger buildings by operators, except objects authorised for manufacturing, maintenance or construction purposes.
2.11.39 All reasonable precautions shall be taken to prevent foreign materials such as grit, stones and nails from finding their way into danger buildings or explosives. Should any foreign material be found in explosives or in the ingredients, operations shall be stopped and the matter shall be reported at once to a supervising official.
2.11.40 Only those tools, equipment or movable articles entered on the loose article list authorised by the safety manager that is posted up in a danger building may be used in the danger building while explosives are present, unless otherwise authorised by the safety manager. Such tools, equipment and articles shall not be removed from the building without authority and when not in use they shall be kept in their appointed places in the building. No such articles may be used unless they are in a good state of repair.
2.11.41 All reasonable precautions shall be taken to prevent the spillage of explosives from equipment, handling equipment or containers. The spillage of explosives for which cleaning procedures have been laid down in the special rules for the particular danger building shall be dealt with in the appropriate manner by the operator in charge. Any unusual spillage of explosives for which no cleaning procedures have been laid down in the special rules shall be reported immediately by the operator to the supervising official, who shall then deal with the spillage in the appropriate manner.
2.11.42 Flexible bonding (earthing) straps shall be inspected by the operator in charge of a danger building before operations are allowed to commence.
2.11.43 No danger building may be operated unless the atmospheric temperature and relative humidity inside the building and the temperature of the explosives in the building are within the prescribed limits.
2.11.44 In the event of a dangerous gas escaping or being emitted, all persons shall immediately leave the building and/or evacuate the area and shall inform the supervising official, who shall handle the situation in accordance with prescribed procedures.
2.11.45 Any person who has inhaled, or thinks that he might have inhaled, fumes of oxides of nitrogen or any other poisonous gas shall report the matter to the supervising official without delay and such person shall subject himself to an examination by a medical practitioner and to such treatment as he may prescribe. The supervisor concerned shall ensure that a person who has inhaled or might have inhaled or has been exposed to conditions under which he might have inhaled fumes of oxides of nitrogen or any other poisonous gas is treated as a stretcher case and is examined by a medical practitioner without delay.
2.11.46 No material, plant, equipment, tools, product or explosive may be removed from danger areas unless it is accompanied by a permit issued by a supervising official, authorised by the safety manager. All operators shall search themselves before leaving their building to ensure that explosive material is not inadvertently carried out of the building.
2.11.47 All explosive waste, paper, timber, rags, cotton waste and similar materials, which have been in contact with explosives, shall be disposed of in the authorised manner. At the end of the day the operator in charge shall ensure that all waste and floor sweepings from danger buildings are deposited in the designated place.
2.11.48 All material which is sent to factory workshops outside a danger area for repair shall be accompanied by a permit signed by a person authorised by the safety manager. This permit shall clearly certify that the material has not been in contact with explosives or that it has been decontaminated in the approved manner. The permit shall not be destroyed before the repair has been completed and the material returned to the danger area.
2.11.49 All fire fighting appliances and emergency equipment provided throughout the danger area shall be so placed and kept that they are readily visible and accessible for use when required. Such appliances shall not be used for any purpose other than fire fighting, an emergency, training or testing. Any person who has used a fire fighting appliance or emergency equipment shall report the fact, in writing, to a supervising official.
2.11.50 Whenever a factory closes down for an indefinite period, or permanently, the occupier or safety manager shall give at least three months’ notice of such intention to the Chief Inspector of Explosives and shall render a return of all explosives and ingredients thereof in the factory. Such explosives and ingredients shall be disposed of in a manner to be approved by an inspector.
2.11.51 Except with the permission in writing of an inspector, no explosives shall be kept on the premises of a factory which has closed down.

 

2.12 Explosives, the manufacture of which is not provided for in this Chapter, shall be manufactured only at such place and in such manner as may be prescribed, in writing, by an inspector.

 

2.13 The Chief Inspector of Explosives may, at his discretion, give written exemption from the provisions of this Chapter and may prescribe, in writing, such additional conditions as he may deem necessary.

 

Penalty

 

2.14 Any person who by any act or omission commits a breach of any of the regulations under this chapter, shall be guilty of an offence and liable on conviction to a fine not exceeding six hundred rand (R600) or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.