Operator’s dutiesN.I.

4.—(1) The operator shall—

(a)ensure, so far as is reasonably practicable, that all explosives are stored, transported and used safely and securely;

(b)appoint one or more competent individuals to organise and supervise all work at the quarry involving the use of explosives (“the Explosives Supervisor”);

(c)ensure that at no time is there more than one person acting as the Explosives Supervisor at the quarry; and

(d)keep a copy of the written statement of duties of the person or persons appointed under paragraph (1)(b) for at least twelve months after the date on which the appointment ceased to have effect.

(2) It shall be the duty of the operator to ensure that—

(a)there are suitable and sufficient written rules and procedures for—

(i)shotfiring operations at the quarry;

(ii)appointing shotfirers, trainee shotfirers and storekeepers;

(iii)authorising other persons who will be involved with the storage, transport or use of explosives;

(iv)dealing with misfires; and

(v)ensuring, so far as is reasonably practicable, that such rules and procedures are complied with;

(b)an adequate written specification (whether produced by him or not) is prepared for each shotfiring operation at the quarry to ensure, so far as is reasonably practicable, that when such firing occurs it will not give rise to danger; and

(c)a copy of the specification referred to in sub-paragraph (b) is given to any person upon whom it imposes duties.

(3) The operator shall ensure that operations involving the storage, transport or use of explosives are carried out by—

(a)a duly authorised and competent person; or

(b)a trainee under the close supervision of a duly authorised and competent person.

(4) The operator shall ensure that—

(a)such facilities and equipment as are necessary to enable shotfiring operations to be carried out safely are provided;

(b)any vehicle which is provided for use in relation to shotfiring operations is so marked as to be readily identifiable from a distance;

(c)detonators are stored in separate containers from other explosives; and

(d)explosives are kept at all times either in a locked explosives store or under the constant supervision of a suitable person.

(5) The operator shall ensure, so far as is reasonably practicable, that each shotfiring operation is carried out safely and in accordance with the rules required to be made in pursuance of paragraph (2)(a) and any specification required to be prepared in pursuance of paragraph (2)(b).

Commencement Information

I1Reg. 4 in operation at 1.8.2006, see reg. 1