# Chapter 4: Regulations and Compliance In most countries, blasters-in-charge and their crews are governed by a myriad of rules that define their work behaviors. These "rules" come in the form of laws, regulations, and ordinances that apply to the storage, transportation, handling and use of explosives. Some of these rules have been in place for many years, others are more recent, often developed and promulgated by many different agencies at all government levels. In addition, they are often based on consensus standards developed by a consortium of private industry and government representatives using scientific research and empirical data. One of the duties and challenges confronting every blaster-in-charge is compliance with applicable rules governing blasting. ## Rule Disobedience And Enforcement Obeying blasting rules is compliance. Conversely, disobeying blasting rules is noncompliance. Noncompliance with blasting rules may be either unintentional or intentional. Intentionally disobeying blasting rules is a failure in the commission of the duties of blasters-in-charge, while unintentionally disobeying blasting rules is a failure of omission of their duties. In either case, the blasting rules are still broken. Noncompliance with a single blasting "safety" rule whether intentional or not is a serious matter, as the involved blaster-in-charge and the crew may be subjected to risks and consequences. First, noncompliance could likely result in an unsafe act, putting not only the blaster-in-charge, but also the blasting crew or the public, at harm's way. Second, noncompliance creates an increased exposure to the imposition of citations and penalties. Finally, noncompliance may jeopardize not only the blaster-in-charge's working credentials, but also the employing company's license-to-operate necessary to conduct business. For the most part, blasting safety rules are strongly enforced by bureaucratic agencies of the government that employ or deploy a cadre of field inspectors trained to look for and cite compliance with respect to blasting safety. Many of the inspectors are well-trained in a wide area of labor activities, while a lesser number of them are specifically trained and work exclusively with the blasting inspections. Inspectors may or may not provide advance notice of their worksite visits. In either case, their goals are the same: to ensure that such worksites are safe and in compliance with the blasting rules. The blasting site inspection also involves observations of tasks such as the handling of detonators to make up a primer, processes such as clearing the blast area, review of records, supervision of fire extinguishers, or determinations about the functioning of backup alarms on explosive-laden trucks. Inspectors are normally empowered with the legal authority to effectuate the termination of blasting work practices that they perceive are unsafe and are likely to have the legal authority, like police, to issue citations for blasting safety rule violations. Ultimately the violation citations and citing the blasting safety rule is issued directly to the blaster-in-charge. ## Blasting Safety Rules The objective of safety is the prevention of blasting-related incidents and accidents that may cause harm to people, damage to property, or harm the environment. Most blasting rules are safety rules concerned with activities on the blast site. Compliance with blasting safety rules has an important derivative to keep the workplace free of injuries and fatalities. Complying with blasting safety rules, in and of itself, is not sufficient to ensure a safe workplace. Blasting safety rules imposed by government should always be considered the "minimum level of blasting safety." Such rules are merely the foundation of safe blasting practices, and are not sufficiently inclusive in nature to account for every possible situation, condition or activity. This deficiency is inherent in nearly all government-mandated blasting safety rules/government rules. In order to address the deficiencies in safety inherent in government rules, many companies in the explosives industry voluntarily have undertaken steps to develop, implement and enforce a wide variety of internal safety policies, procedures and practices (company rules). These company rules are not intended to replace, but rather to supplement, government rules. The overall objective of company rules is to ensure a workplace for company employees where all known hazards are assessed and safety measures are undertaken to eliminate, avoid, and mitigate risks. Achieving a safe workplace involves obeying both the government rules and the company rules. The making of company rules is an on-going process that will reduce associated risks of accidents and incidents. Companies are not the only entities reaching high to improve blasting safety beyond the government rules. Many organizations around the world openly share information with their members about the causes of accidents and incidents, and how to prevent them. Chief among those organizations are the International Society of Explosives Engineers (ISEE) and the Institute of Makers of Explosives (IME). Appendix B at the end of this book contains more information about these and other organizations that set standards and best practices for the U.S. explosive industry. The reader is encouraged to determine specific governmental agencies in their locality that set and enforce blasting safety rules. ## Blasting Rule Interpretation Interpretation of blasting rules can be one of the most complex and sometimes confusing aspects of compliance. First, blasting rules are not necessarily written for the average person to understand. Second, blasting rules are generally not written by blasting experts, but rather, in most cases by lawyers. Third, the language of the blasting rules is often written in a formal, legislative style. It is the interpretation of the blasting rules that determines the scope and extent of compliance. The old saying, "what you don't know, can't hurt you" has no relevance whatsoever when it comes to following blasting rules. Blasters-in-charge must make it not only their duty, but also their priority to become knowledgeable about blasting safety rules in order to achieve compliance. How blasters-in-charge interpret particular blasting rules may differ from how government inspectors may interpret the very same rules. Inspectors who possess little blasting knowledge and experience may in some situations overcorrect in their interpretation of blasting rules. Likewise, blasters-in-charge who have significant blasting knowledge and experience, but who do not fully understand all of the blasting rules, may unintentionally misinterpret them. In the case of the former, blasters-in-charge who receive citations may have a process to contest alleged citations. In the case of the latter, there may likely be clear citations for noncompliance. ## Rule Interpretations And Variances When blasting safety rules are not written clearly, there will inevitably be some degree of misinterpretation. Meetings may be needed to resolve misinterpretations. The government of course is biased to some degree in its interpretations of rules, since it is both rule maker and rule enforcer. Additionally, it is not uncommon to find diverse interpretations from one inspector to another. Formal interpretations are sometimes necessary for better understanding of the rule requirement. If there has never been an interpretation of a particular rule, then the knowledge and experience of government officials interpreting blasting safety rules is crucially important, not only to the person requesting an interpretation, but to the blasting industry at large. Blasters-in-charge must be aware of any interpretations of the blasting safety rules or any other rules to which they are subject. Bureaucratic enforcement agencies recognize that there may be situations that are not clearly covered by the rules, or there are better methods or processes that may have the same or greater levels of safety than those in the current rule. As such, many bureaucratic agencies are receptive to reviewing proposals for variances, and in some cases will approve them. Variances are essentially extensions of the rules into areas not considered when the rules were originally promulgated. As rules become out of touch with actual practices or advancing technology, the need for variances increases. Most regulatory agencies have a petition process to change rules. In this case, the blaster-in-charge or a stakeholder group within the blasting industry may write a proposal for a change. To achieve success the petitioners usually must demonstrate that the old science supporting the old rule has changed with new research. ## Performance And Specification Rules Blasting safety rules in particular may be performance-oriented or specification-oriented. Performance-oriented rules intentionally omit specific details, procedural steps or methodology necessary to achieve a safe result. This type of rule transfers the "how-to" from the government to the blasters-in-charge who must rely on their training, knowledge, skills, and experiences for compliance. In contrast, blasting safety rules may be specification-oriented. These rules intentionally specify methodologies, processes, or the "how-to" to affect safety. These types of rules are prescriptive in nature. Sometimes these rules refer to safety consensus documents or studies and incorporate them into rules by reference. An example of a hypothetical performance-oriented blasting safety rule may state, *"A misfre shall be handled safely."* This hypothetical rule does not specifically state the "how-to" ensure that the task is performed safely. An example of a hypothetical specification-oriented blasting safety rule may state, *"A misfire shall be handled safely by either (1) safely re-firing the misfired hole, or (2) safely washing out the stemming of the misfired hole(s), re-priming it and re-firing,"* or *(3) "drilling, charging and firing one or more holes behind or beside the misfired hole(s)."* The key word introducing the specification is "by" followed by several approved ways to be handle the misfire. ## Rule Legacy Some blasting rules have been on the books too long. Sometimes rule legacy is good and sometimes it is not so good. Many blasting safety rules in particular have their roots in the age when all explosives were dynamites. Rules for storing, handling and using explosives today are based on many rules that have stood the test of time from a safety standpoint. As the explosives industry developed substantially safer explosive compositions, such as emulsions, these standing safety rules, which were based on dynamite products, generally have maintained a high level of safety. Some rule legacies never really die; they just remain on the books and may cause confusion. Consequently, there remains a clutter of antiquated rules that no longer apply to the modern blasting world. Eliminating or replacing these antiquated rules is often difficult, but a necessary part of the development of effective government-mandated blasting safety rules. ## Rules To Work By The contemporary blaster-in-charge is subject to a myriad of blasting safety, security, and environmental rules that must always be obeyed. The duty to comply with these rules is essential. Misunderstanding or failing to comply with any of these rules, expose the blaster-in-charge and the employing company to an allegation of a violation of the rule, and as such could subsequently result in a severe penalty or fine. Avoiding this predicament is imperative. Three things the blaster-in-charge must do in order to comply with blasting safety, security and environmental rules are to dutifully (1) learn the rules that apply to their work, (2) commit to obeying them, and(3) become a member of an association advocating safety and compliance. ### Learn the Rules It is the duty of every blaster-in-charge to learn the rules. Often rules, such as blasting safety rules are learned "on-the-job". Although common, this is not necessarily the best method to learn these rules. A good first step in learning the blasting safety rules is to procure a copy of them. Keep in mind that the rules may not be published in just one place. The rules are often embedded in other rules, such as mining rules. Today, many such rules are available on the Internet, and may be printed out and/or copied in electronic format. A good second step in learning the rules is to realize that they are usually codified or organized in a particular way. Once the codification structures of the rules are understood, it is significantly easier to find rules and learn them. For example, the U.S. Code of Federal Regulations (CFR) is written in "parts, sub-parts, sections, etc. However, finding the actual codification structure in the CFR is not so apparent. For example, the U.S. Federal regulations for explosives storage are found in 27 CFR - Alcohol, Tobacco, and Firearms. Within 27 CFR, there are 2 chapters (I and II). Chapter II has 4 parts. One of the 4 parts, Part 55, is Commerce in Explosives. In Part 555, explosives storage is found in Subpart K. To assist U.S. explosives industry stakeholders and blasters-in-charge in particular, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) publishes what is informally known as the "Orange Book." *See* Figure 4.1. From time to time, the Orange Book is revised and republished by the ATF. Newcomers of materials in the ATF's newsletter website for industry stakeholders and blasters-in-charge who seek access to an electronic versions of the Orange Book, and the ATF interpretations known as "Rules". All U.S. blasters-in-charge should obtain a copy of the Orange Book in either hard copy or electronically as an important reference no matter where they work in mining, construction, or any other explosive industry sector. ![Figure 4.1: U.S. Federal Explosives Law and Regulations (ATF Publication 5400.7)](images/039.png) *Figure 4.1 - U.S. Federal Explosives Law and Regulations (ATF Publication 5400.7).* The third step in learning the rules is to realize that there may be different levels of regulatory compliance. For example, in one particular location there may be different or possibly conflicting sets of federal, state/provincial, and local rules that apply to the same work. Multi-level rules make for compliance. Deciding on which rules to obey is confusing. With multiple levels of rules there may be apparent conflict. If this occurs "the most stringent rule usually prevails and is followed in the established industry practice." When in doubt, consult with all levels of government representatives. Rules affecting blasting also vary within the same government agency charged with enforcing them. For example, in the U.S., the Mine Safety and Health Administration's government rules for explosives on mine sites. MSHA's explosives storage for metal-coal mines differ slightly from the agency's rules for surface coal mines. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) also enforces a set of rules for explosives storage that are not necessarily consistent with MSHA's set of rules for explosives storage. Where the rules for the same workplace are different and overlapping, rules can be confusing and realistically need to be consistently reviewed for consistency wherever they exist. Many industrialized countries have a similar governmental structure to that of the United States, where multiple agencies at the national level enforce laws that are separate and unique from state, provincial, and local rules. Some rules are incorporated by reference. The fourth step in learning the rules is to be aware of the "language of the rules". Rule language will obviously differ from country to country. However, there is some commonality in all rule writing. In learning the rules, make an earnest effort to understand the definition of the main terms. Without an understanding of the main terms found in the rules, an accurate understanding of the rules is difficult. For example, the terms "blast area" or "blast site" favor different meanings that are often confused. Another part of the language of rules is the "rules of construction" as they are necessary to understand the impact of specific connective words like "and" and "or". Remember that "and" is inclusive, where "or" is not inclusive, and normally provides for a list of choices. A hypothetical rule may state *"the blaster-in-charge shall clear the blast area and take shelter before detonating it."* The "and" means both are required. Another hypothetical rule may state, *"The blaster-in-charge shall clear the blast area or designate another competent person to clear the blast area."* The "or" means there is a choice regarding the person who must clear the blast area and that choice is up to the blaster-in-charge. If the blaster-in-charge does not clear the blast area, then the person whom the blaster-in-charge designates to perform this duty needs to have the competency (skill) and experience(s) to perform this duty. Additionally, in the rules of construction, certain imperative or commanding words like "shall" or "must", mean one is required to act on whatever statement follows. "Shall" and "must" leave no room for choice. Sometimes, the words "may" or "should" are found in the rules. "Should" is usually used in the recommending sense; while "may" is usually used in the permissive sense. ### Obey the Rules The duty to commit to obeying blasting rules is the hallmark of blasting professionalism. No blaster-in-charge can claim to be a "professional" unless fully committed to understanding and obeying the rules. This means never compromising the rules for the sake of expediency. Obeying the rules means never succumbing to complacency in the duty to comply. Always obeying the rules creates a culture committed to compliance that leaves behind a legacy for others in the industry. ### Avoid Penalties Failure to comply with the rules can result in penalties ranging from monetary fines to revocation of blasting permits and licenses, increased liability for civil claims, criminal charges, and increased insurance costs. To overcome these challenges, every blaster-in-charge must have a blast plan to address all regulatory issues, actual or potential. The first line of defense is to ensure that the blaster-in-charge is both competent and knowledgeable about safety and compliance issues. Also important is that all necessary blasting activities must be documented and all blasting documentation must be maintained accurately and kept current. ## Professional Involvement Participation in a professional association advocating blasting safety and compliance is mandated by rules of professional ethics and requires a commitment of personal time, but it is time well spent. The ISEE is one such professional association with a current worldwide membership of nearly 5,000 people with many local chapters in the U.S., Canada, and other countries. The ISEE conducts an annual technical conference in the U.S. attended by hundreds of industry professionals, and provides many programs and services to promote best practices in blasting. Find more information on the ISEE website. ## Summary Blasters-in-charge must understand and comply with a multitude of rules that govern safety and compliance. Noncompliance with rules, blasting safety rules in particular, can result in unsafe acts which could put them, and perhaps others, in harm's way. Noncompliance also creates unwanted exposure to citations and subsequent penalties, while jeopardizing their licenses or employer's license-to-operate, and potentially impairing insurance rates or coverage. Although government-mandated blasting rules are the foundation of safe blasting practices, they are not sufficiently inclusive to account for every possible situation, condition or activity. Blasters-in-charge also need to adhere to their company rules and industry group best practices in order to maintain safe and compliant blasting operations. Blasters-in-charge must understand that rules are subject to varying interpretations. Reading the actual rules and understanding how they are applied is key to compliance. Be aware that different inspectors at different level of government may have varying interpretations of rule compliance. Depending on the circumstances under which and locations where blasting operations are conducted, blasters-in-charge face numerous daily challenges just to complete work on schedule, on budget, and to specification. No such work of any kind as blasting must ever be performed, if not performed safely. No such work of any kind can be performed safely, if not performed in compliance with applicable blasting safety rules. Know and understand the safety rules and always commit to obeying them, leaving a legacy for others. ## Additional Resources Coughlin, George J. 1967. *Introduction To Law*. Barnes and Nobel. Feiden, Bruce. 1977. *Introduction To The Legal System*. West Publishing Company, St. Paul, MN. Institute of Makers of Explosives (IME). Safety Library Publications (SLP). International Society of Explosives Engineers (ISEE). *The Journal of Explosives Engineering*.