The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006

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The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 MANUFACTURE AND STORAGE OF EXPLOSIVES IN NORTHERN IRELAND THE MANUFACTURE AND STORAGE OF EXPLOSIVES REGULATIONS (NORTHERN IRELAND) 2006 APPROVED CODE OF PRACTICE AND GUIDANCE © Crown copyright 200[ ] First published 200[ ] ISBN [ ] All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without the prior written permission of the copyright owner. Applications for reproduction should be made in writing to: Licensing Division, Her Majesty's Stationery Office, St Clements House, 2-16 Colegate, Norwich NR3 1BQ or by e-mail to [email protected] The Approved Code of Practice and guidance This Code has been approved by the Health and Safety Executive for Northern Ireland (HSENI), with the consent of the Secretary of State. It gives practical advice on how to comply with the law. If you follow the advice you will be doing enough to comply with the law in respect of those specific matters on which the Code gives advice. You may use alternative methods to those set out in the Code in order to comply with the law. However, the Code has special legal status. If you are prosecuted for a breach of health and safety law and it is proved that you did not follow the relevant provisions of the Code, you will need to show that you have complied with the law in some other way or a court will find you at fault. The Regulations and the Approved Code of Practice (ACOP) are accompanied by guidance which does not form part of the ACOP. Following the guidance is not compulsory and you are free to take other action. However, if you do follow the guidance you will normally be doing enough to comply with the law. Health and Safety inspectors seek to secure compliance with the law and may refer to this guidance as illustrating good practice. Acknowledgments This Approved Code of Practice and Guidance is based on the Approved Code of Practice and Guidance Manufacture and storage of explosives approved by the Health and Safety Commission in Great Britain, whose assistance is gratefully acknowledged. HSENI also gratefully acknowledges the help given by the Northern Ireland Office’s Firearms and Explosives Branch. ii CONTENTS Notice of Approval vi Introduction 1 INTRODUCTION TO THE REGULATIONS 4 Regulation 1 Citation and 4 commencement Regulation 2 Interpretation 4 Regulation 3 Application 11 Scope of the Regulations 12 Safety requirements 14 Risk assessment 15 Management arrangements 21 Training and competence 23 Information on safety precautions and actions 25 Workplace rules 25 SAFETY REQUIREMENTS 27 Regulation 4 Fire and explosion 27 measures Part 1: Preventing fires and explosions (regulation 4(1)(a)) 28 Common precautions 29 Electrical, electrostatic and electromagnetic energy 29 Mechanical sparks 37 Heat and temperature 38 Pressure 39 Impact and friction 40 Chemical incompatibility 41 Safe systems of work and working practices 43 Selection of suitable work equipment 47 Part 2: Measures to limit the extent of fire or explosion 50 (regulation 4(1)(b)) Separation of storage and other areas 51 Limiting the quantity of explosives in production area 51 Limiting the number of people in explosives areas 52 Controlled areas 52 Containment and safe release of blast effects 52 Part 3: Protecting people from the effects of fire or explosion 53 (regulation 4(1)(c)) Emergency procedures 53 Fire precautions 54 Fire detection and warning systems 55 Means of escape and evacuation 55 Fire-fighting 58 Protection against explosion 61 iii Part 4: Further guidance for particular activities 65 Storage of explosives 65 Storing Hazard Type 4 pyrotechnic articles 67 Storage of other explosives 77 Storage of ammonium nitrate and ammonium nitrate blasting 79 intermediates etc Mixing of emulsion explosive and ANFO 85 Fusing fireworks 87 Regulation 5 Separation distances 89 Regulation 6 Disposal of explosives and 100 decontamination of explosive-contaminated items Regulation 7 Employment of young 102 persons Regulation 8 Unauthorised access 103 LICENSING AND REGISTRATION REQUIREMENTS 104 Regulation 9 Explosives not to be 110 manufactured without a licence Regulation 10 Explosives not to be stored 112 without a licence or certificate of registration Regulation 11 Grant of licences 116 Regulation 12 Public hearing 121 Regulation 13 Registration in relation to 123 storage Regulation 14 Refusal of licences, 123 registration and draft licences Regulation 15 Variation of licences 124 Regulation 16 Revocation of licences and 126 registration Regulation 17 Further provisions 127 concerning refusals, variations and revocations Regulation 18 Transfer of licences and 128 registration Regulation 19 Fees 128 Regulation 20 Death, incapacity or 129 bankruptcy Regulation 21 Register and retention of 130 documents Regulation 22 Defences 131 iv PROHIBITIONS CONCERNING CERTAIN EXPLOSIVES AND MISCELLANEOUS PROVISIONS 132 Regulation 23 Prohibition concerning the 132 manufacture and storage of certain explosives Regulation 24 Prohibition concerning the 133 acquisition and supply of fireworks Regulation 25 Power to grant exemptions 134 Regulation 26 Savings and transitional 135 provisions Regulation 27 Repeals, revocations and 141 amendments Schedule 1 Separation distances 142 Schedule 2 Exceptions 153 Schedule 3 Quantity of Hazard Type 4 156 pyrotechnic articles in sales areas Schedule 4 Fees 157 Schedule 5 Register 159 Schedule 6 Amendments 161 Schedule 7 Repeals and revocations 171 Annex 1 Guidance on determining 177 Hazard Type Annex 2 Separation distances 179 normally referred to by the Secretary of State when those specified in Schedule 1 are not used Annex 3 Guidance on working out 204 whether high- or low- density distances apply Annex 4 Formulae for calculating 205 external separation distances References 206 v Preface This publication contains the text of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006, together with an Approved Code of Practice and supporting guidance. For convenience, the text of the ACOP is set out in bold type and the guidance in normal type. Notice of Approval By virtue of Article 18(1) of the Health and Safety at Work (Northern Ireland) Order 1978 (“the Order”), after consultation in accordance with Article 18(2) of the Order and with the consent, pursuant to Article 18(2) of the Order, of the Secretary of State for Northern Ireland, the Health and Safety Executive for Northern Ireland has on 24th November 2006 approved the Code of Practice entitled “Manufacture and Storage of Explosives in Northern Ireland: the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006”. The Code of Practice is approved for the purposes of providing practical guidance with respect to the requirements of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006. The Code of Practice comes into effect on 1 December 2006. Signed D.J. Breen Deputy Chief Executive of the Health and Safety Executive for Northern Ireland 24th November 2006 vi Introduction What is this publication about? 1. This publication provides guidance on how to comply with the Manufacture and Storage of Explosives Regulations (Northern Ireland) 20061 (MSER(NI)) which cover the manufacture, storage and handling of all explosives, including: (a) blasting explosives; (b) propellants; (c) detonators and detonating cord; (d) fireworks and other pyrotechnic articles; (e) ammunition; and (f) other explosive articles such as air bags and seat belt pre- tensioners. 2. The activities covered by MSER(NI) include the manufacture of explosives and intermediate products for on-site mixing and storage. 3. Also covered are handling operations that are not in themselves considered to be “manufacture”. These include: (a) fusing fireworks; (b) assembling fireworks displays from components; and (c) filling shotgun cartridges and other cartridges for small arms. 4. The Regulations do not cover the use or off-site transport of explosives. Who is this publication for? 5. This publication contains material that is relevant to everyone involved in any of the activities described in paragraphs 1-3. Other legislation 6. There are also other general health and safety regulations which apply to the manufacture, storage and handling of explosives. This document gives additional guidance where there are particular issues which need to be considered, for example selecting work or personal protective equipment. 1 Note on terminology 7. The following terms are used in this document: ‘communication’ - the process of deflagration or detonation progressing to adjacent or nearby explosives; ‘deflagration’ – exothermic chemical decomposition of a material in which the reaction front advances into the unreacted material at less than the speed of sound; ‘detonation’ – a chemical reaction that progresses through an explosive at a rate exceeding the speed of sound in the reaction zone; ‘explosives area’ - any area, which may be outdoors or within a building, where explosives are processed or stored; ‘explosives building’ - any building in which explosives are processed or stored; ‘explosives site’ - the whole area covered by the establishment. This is likely to be the same as the area covered by the explosives licence; ‘Hazard Type’ – defines the nature of the hazard arising from an explosive in manufacture and storage conditions (see paragraph 10 and Annex 1 for detailed guidance); ‘initiation’ – the act of causing an explosive
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