Licensing of Explosives Workplaces

Licensing of Explosives Workplaces

Guidance Notes on the Explosives Regulations
April 2005

Chief Directorate of Occupational Health and Safety

Contents

1. Introduction
2. Approval

3. Appointments

4. Assessments

5. Types of licenses

6. Drawings

7.  Role players

8.  Licensing process

1. Introduction

The Occupational Health and Safety Act (OHS-Act) defines a workplace in section 1(1)(lv) as “any premises or place where a person performs work in the course of his employment.”

The OHS-Act further defines a premise as “ includes any building, vehicle, vessel, train or aircraft.”

Provision is also made in the OHS-Act for the Minister to make regulations on:

·  “in the interest of health and safety of people at work”

·  “or the health and safety …… of people other than people at work against risk to health and safety arising from or connected with the activities of people at work” (section 43 (1) (b).

·  “the conditions under which the manufacture of explosives and the activities incidental thereto may take place” section 43 (1) (b) (xvi)

Section 47 of the OHS-Act binds the State, who should also license its explosives workplaces.

The Explosives Regulations (Expl-Regulations) which were promulgated under the OHS- Act provide more specific for the licensing of explosives workplaces in Expl-Regulation 4 as “Licensing of explosives workplaces.”

Licenses can be obtained for new workplaces or for changes to existing buildings or rooms in the workplace.

2. Approval

The following approval must be obtained as a first step in the licensing process:

·  From the Chief Inspector of Explosives of the South African Police Services (Explosives) for the security approval to have explosives in their possession, the area and buildings. (Regulation 4 (4) (b) )

·  Local government for the proclamation of the area to build the workplace and approval for the keeping of an explosives workplace.

3. Appointments

Secondly a competent and certificated person must be appointed by the Chief Executive Officer of a company as explosives manager (Regulation 12 (1) and 4 (3) ) d) ).

An accredited body approved by the Department of Labour may provided training. Information of these bodies may be obtained from the Department.

4. Assessments

The risk assessment must be carried out on all new explosives installations, workplaces, equipment and processes prior to their erection, modifications or change in procedures.

The employer must consult and inform the health and safety representative or health and safety committee on all risk assessment issues.

Provision is made for the following types of risk assessments:

·  Assessment of installations or workplaces

·  Assessment of equipment

·  Assessment of processes

An Approved Inspection Authority (AIA) must carry out the risk assessment. (Regulation 18 (1) ).

5.  Types Of Licenses

There are four different types of explosives licenses namely:

·  Explosives workplace license

·  Schedule I of the explosives license (two types)

·  Schedule II of the explosives license

·  Schedule III of the explosives license (two formats)

The different licenses are defined in the Expl-Regulations.

6.  Drawings.

There are three types of drawings necessary for the licensing process namely:

(a)  Area drawing indicating the complete danger zone and the neighbors.

(b)  Danger area drawing indicating the placement of the buildings and the safety distances.

(c)  Building drawing including the placement of equipment.

7.  Role Players

The following are the main governmental role players in the licensing process:

·  Department of Labour – The Department has the responsibility for occupational health and safety in the explosive workplace

·  South African Police Service: Explosives (SAPS- Expl) – The SAPS-Expl is responsible for the security of explosives in the explosives workplace

·  South African Police Service: Weapons and Ammunition (SAPS-Ammo) – The SAPS-Ammo is responsible for the security of ammunition in the explosives workplace. They also issue permits for the manufacture of ammunition

·  Local government (LG) – The LG is responsible for the proclamation of property to be used for the explosives workplace, fire fighting and other safety prescriptions and equipment. They are also the body through which the public can work to provide their inputs concerning the explosives workplace.

8. Licensing Process

The licensing process consists of two parts namely:

·  Workplace license part

·  Schedule license part

In the workplace license part, the following steps must be followed:

·  A competent, certificated person must be appointed in writing as an explosives manager and he must accept the appointment in writing.

·  A written approval, from the SAPS-Expl, on the security issues must be obtained

·  A written approval, from local government, on the proclamation issues must be obtained

·  Copies of the approvals, qualification of explosives manager as well as the appointment documentation must be provided with the application for a license to the Department of Labour

·  An explosives workplace license (annexure 1), stating the conditions of the license, will be issued by the Chief Inspector of Occupational Health and Safety

·  In the case of an ammunition workplace a copy of the explosives workplace license must be provided to the SAPS-Ammo group in the application for a manufacturing permit.

In the schedule license part the following steps must be followed:

·  Draw up a concept schedule I license (annexure 2 a and b) for all explosives filled components and explosives that will be manufactured, stored, used or tested in the explosives workplace

·  Draw up a concept schedule II license (annexure 3) in which the information is provided as required in the Regulations

·  Draw up a concept schedule III license (annexure 4) in which the information is provided as required in the Regulations

·  Drawings as described in paragraph 6 of this document must also be provided

·  If the workplace is ammunition one, a copy of the manufacturing permit must be provided.

·  All the documents and drawings in this last phase of the licensing process must be provided in duplicate.

To complete the licensing process, the Department will approve both copies of the documents and drawings and mail one copy back to the applicant.

Annexure 1

EXPLOSIVES WORKPLACE L I C E N C E

In terms of Regulation 4 of the Explosives Regulations of the Occupational Health and Safety Act No. 85 of 1993, a licence is hereby issued to

XXXXXXXX

to carry on a factory for the using of explosives in the Magisterial district of Tshwane subject to the requirements of the OHS-Act and Regulations.

The situation and construction of buildings in the factory shall be in accordance with plans approved by Chief Inspector: Occupational Health and Safety.

The approval of the schedules I, and II of the factory licence states the types of explosives which may be used and the operations which may be carried on in buildings and structures in the factory.

CHIEF INSPECTOR: OCCUPATIONAL HEALTH AND SAFETY

Date: ......

Annexure 2a

Document type:
Explosives Workplace licence
Plofstofwerkspleklisensie / Reference:
Revision:
Title:
Schedule I
Bylae I / Page:
Tegniese inligting van komersiële ontplofbare stowwe wat vervaardig word / Technical information of commercial explosives manufactured
Explosives Manager:
Plofstofbestuurder: / Agreement:
Instemming: / Approved:
Goedgekeur:
Date:
Datum:

Annexure 2b

Document type:
Explosives Workplace licence
Plofstofwerkspleklisensie / Reference:
Revision:
Title:
Schedule I
Bylae I / Page:
Goedgekeurde lys van komersiële ontplofbare stowwe wat vervaardig word / Approved listof commercial explosives manufactured
Explosives Manager:
Plofstofbestuurder: / Agreement:
Instemming: / Approved:
Goedgekeur:
Date:
Datum:

Annexure 3

Document type:
Explosives Workplace licence
Plofstofwerkspleklisensie / Reference:
Revision:
Title:
Schedule II
Bylae II / Page:
Name and No of Building:
Naam en Nr van Gebou: / Maximum in room
Maksimum in lokaal / Maximum in building
Maksimum in gebou
Explosives
Ontplofbare
Stowwe / Category
Kategorie / Persons
Persone / Persons
Persone / Explosives
Ontplofbare
Stowwe
No of Room:
Nr van Lokaal:
Authorised Operations / Gemagtigde werksaamhede
Permitted simultaneous operations:
Werksaamhede tegelyk toegelaat:
Excluding:
Uitsuitend:
Explosives Manager:
Plofstofbestuurder: / Agreement:
Instemming: / Approved:
Goedgekeur:
Date:
Datum:

Annexure 4

Document type:
Explosives Workplace licence
Plofstofwerkspleklisensie / Reference:
Revision:
Title:
Schedule III
Bylae III / Page:
Name and No of Building:
Naam en Nr van Gebou: / Maximum in room
Maksimum in lokaal / Maximum in building
Maksimum in gebou
Explosives
Ontplofbare
Stowwe / Category
Kategorie / Persons
Persone / Persons
Persone / Explosives
Ontplofbare
Stowwe
No of Room:
Nr van Lokaal:
Authorised Operations / Gemagtigde werksaamhede
Permitted simultaneous operations:
Werksaamhede tegelyk toegelaat:
Excluding:
Uitsuitend:
Explosives Manager:
Plofstofbestuurder: / Agreement:
Instemming: / Approved:
Goedgekeur:
Date:
Datum:

10