Subchapter A. BLASTING OPERATIONS
GENERAL PROVISIONS Sec.
5.1. Scope.
5.2. Penalty.
5.3. Examining boards and examinations.
5.4. Issuance and status of licenses.
5.5. Renewal of licenses.
5.6. Transferability.
5.7. Restrictions on blasting operations.
5.8. Blaster learners.
Authority The provisions of this Subchapter A issued under act of July 10, 1957 (P. L. 685, No. 362) (73 P. S. § 161), unless otherwise noted.
Source The provisions of this Subchapter A adopted January 19, 1958, amended through July 1, 1968, unless otherwise noted.
GENERAL PROVISIONS
§ 5.1. Scope.
This subchapter sets forth rules to safeguard the public and the lives, limbs and health of workers in blasting operations and places the responsibility of compliance with the rules upon both employer and employe.
§ 5.2. Penalty.
A person who violates this chapter, or the regulations of the Department or who interferes with the Department or its authorized representatives in the enforcement of this subchapter or the regulations shall, upon conviction, be punishable in accordance with section 5 of the act of July 10, 1957 (P. L. 685, No. 362) (73 P. S. § 168).
§ 5.3. Examining boards and examinations.
(a) The Department will appoint examining boards for the purpose of conducting examinations for blaster’s licenses and issuing credentials to eligible persons. There will be established in each district office of the Bureau of Inspection, an examining board consisting of five members, one to represent manufacturers of explosives, one to represent the mining and quarry industries, one to represent highway and heavy construction industries, one to represent insurance underwriters and a representative of the Department who will be chairperson. Three members attending a board meeting will constitute a quorum.
(b) The examining boards shall hold regular meetings quarterly in each district office and shall at that time conduct the examination of applicants for blaster’s licenses. Special meetings for the purpose of conducting examinations may also be held if in the judgment of the chairperson, the number of applicants for examination warrants the action.
(c) The questions comprising examinations will be prepared by the Division of Mines, Quarries Explosives of the Department and will be forwarded to each district office, with acceptable answers, in sealed envelopes, which seals are not to be broken until the start of the examination. A score of 70% or more will establish a successful applicant.
(d) Forms for application will be furnished on request by the Bureau of Inspection, Division of Mines, Quarries and Explosives, Labor and Industry Building, 7th and Forster Streets, Harrisburg, Pennsylvania. Applications shall be mailed to the Chief of the Division at the above address and shall be accompanied by a check or money order in the amount of $10, payable to the Commonwealth.
(e) Each application for a blaster’s license shall be accompanied by a signed statement from the employer of the applicant, or other responsible person, certifying that, in the opinion of that person, the applicant is qualified by experience and is physically and mentally fit to hold a license for general blasting.
(f) Applicants for blaster’s license will be notified as to when and where to appear for examination. Each applicant shall appear personally before the assigned examining board on the date designated and take the examination then given.
(g) Applicants failing to appear for scheduled examinations forfeit the fee paid unless they have submitted either written notice to the Division prior to the examination date or a valid certified medical excuse, also in writing. Final determination of refund of fee or admittance to subsequent examination without a reapplication fee will be at the discretion of the examining board.
(h) Examining boards may issue blaster’s licenses without examination to applicants who have had at least three years experience in the handling and use of explosives prior to the effective date of the act. An applicant for a blaster’s license on the basis of prior experience shall attach to his application an affidavit itemizing the experience, indicating dates and employers.
(i) Applicants will be notified in writing as to whether they have qualified for the license. Applicants failing to qualify in examination may apply for reexamination by submitting a new application accompanied by a fee of $10.
Cross References This section cited in 34 Pa. Code § 5.4 (relating to issuance and status of licenses).
§ 5.4. Issuance and status of licenses.
(a) A blaster license will be issued only to persons 21 years of age and older, upon written application signed by the individual who seeks to be licensed in conformity with § 5.3(e) and (g) (relating to examining boards and examinations).
(b) Applicants will be examined for licensing in six categories based on employment and experience, which include general blasting, trenching and construction, line pole work, mining, quarrying and black powder. Licenses issued will be restricted accordingly.
(c) Licensing for other categories will require reexamination based on the classification requested. Applications for reexamination shall be made in writing, on forms provided by the Division, and shall be accompanied by a fee of $10.
(d) When an applicant passes the examination or qualifies on the basis of past experience, the examining board may issue a license to him upon the payment of an additional fee of $5.00, by check or money order payable to the Commonwealth, which license will be effective until September 1 of the year of issuance.
(e) Any blaster shall, upon request, exhibit his license to any authorized representative of the Department, any police officer acting in the line of duty, or his employer or any authorized representative of his employer.
(f) Any blaster license may be suspended for due cause by the Director of the Bureau of Inspection, upon recommendation of the Chief of the Division of Mines, Quarries and Explosives. Any blaster’s license may be revoked by the Board of the Department after written notice is accorded the licensee, and a hearing is held before the Board.
§ 5.5. Renewal of licenses.
(a) A blaster may apply to renew his license each year by application to the Bureau of Inspection. Such application shall be made on forms supplied by the Bureau, signed by the applicant, and accompanied by check or money order payable to the Commonwealth for the annual renewal fee of $3.50. Renewal forms will be mailed annually by the Bureau to each blaster at the address shown on the original application. An examining board may, in its discretion, refuse to renew any blaster license for due cause after notice to the applicant and a hearing before the Board. Where a renewal of a license is granted, the renewal will be for the period from September 1 through August 31.
(b) Any licensee who fails to renew his license for one year shall apply for reexamination by submitting an application accompanied by a $10 fee and shall, upon being approved by the examining board, pay the $5.00 fee prior to the issuance of the license.
§ 5.6. Transferability.
A blaster license is not transferable. Any attempt to effect a transfer will automatically cancel such license.
§ 5.7. Restrictions on blasting operations.
(a) No person shall detonate explosives in blasting operations unless he has given satisfactory evidence to his employer that he has had practical experience in the handling and use of explosives under conditions existing at the site of the proposed blasting operation, is qualified to perform the duties of blaster at the site, and has a blaster license. A licensed blaster shall be in charge of and responsible for the preparation for, and the firing of, any blast. The blast shall be fired only by the blaster in charge. Where more than one licensed blaster is engaged in the preparation for a blast, the operations management shall designate the blaster in charge. The blaster in charge may authorize a laborer or other person not qualified to perform general blasting operations to load and unload explosives, prepare explosives for use in blasting, transport explosives at or near a job site, charge explosives into drill holes, and set fuses and detonating wires; all such duties shall be performed only under the direct supervision and direction and in the presence of the blaster in charge, who is responsible for the conduct of the persons acting under his direction.
(b) No person is permitted to detonate explosives unless another person is present within calling distance and able to render assistance in the event of accident or injury.
(c) The use of explosives by licensed blasters shall be in accordance with all rules and regulations for the storage, handling and use of explosives, and the manner of transporting dynamite, black powder, fuse, blasting caps, electric blasting caps or detonators, electric squibs, primacord, sensitized ammonium nitrate or any other explosive shall be in accordance with the regulations relating to the marking or placarding of motor vehicles transporting dangerous articles on the public highways of the Department of Transportation of the Commonwealth.
Source The provisions of this § 5.7 amended January 22, 1969.
Notes of Decisions A licensed blaster may be held liable for injuries resulting from a blasting accident, even though the blasting company had an indemnification agreement with a construction company, since the agreement being contrary to public policy which imposes strict liability for damages incurred while performing ultra-hazardous activity. Burgan v. City of Pittsburgh, 542 A.2d 583 (Pa. Cmwlth. 1988); appeal denied 557 A.2d 344 (Pa. 1989).
§ 5.8. Blaster learners.
An employer may designate a reasonable number of employes over 21 years of age as ‘‘blaster learners.’’ No more than six such learners may be assigned to one licensed blaster. Learners shall work under the direct supervision and direction and in the presence of the licensed blaster, who shall be experienced in the use and handling of explosives at the site.
Source The provisions of this § 5.8 amended January 22, 1969.
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