MANUFACTURE AND STORAGE OF EXPLOSIVES Manufacture and Storage of Explosives Regulations 2005 DRAFT APPROVED CODE OF PRACTICE, REGULATIONS AND GUIDANCE CONTENTS PAGE INTRODUCTION 4 PART I INTRODUCTION Regulation 1 Citation and Commencement 6 Regulation 2 Interpretation 6 Regulation 3 Application 13 SAFETY REQUIREMENTS Risk assessment, management, training and 17 information Regulation 4 Fire & Explosion Measures 35 Overview 36 Common precautions 37 Electricity 38 Mechanical spark 47 Heat & temperature 49 Pressure 50 Impact & friction 51 Chemical incompatibility 52 Safe systems of work & working practices 54 Suitable work equipment 60 MEASURES TO LIMIT EXTENT OF FIRE OR EXPLOSION Overview 66 Separation of storage & other areas 66 PROTECTING PEOPLE IN THE EVENT OF FIRE OR EXPLOSION Protection measures 68 Emergency procedures 70 Fire precautions 72 Fire detection & warning systems 73 Means of escape & evacuation 74 Fire fighting 76 Protection against explosion 79 STORAGE OF EXPLOSIVES Overview 84 Storing Hazard Type 4 pyrotechnic articles 86 1 CONTENTS PAGE Regulation 4 Storage of other explosives 100 (cont) STORAGE OF AMMONIUM NITRATE, ANFO & AN 103 EMULSIONS FUSING OF FIREWORKS 112 Regulation 5 Separation distances 114 Conditions for storage of black powder, 121 water based explosives, detonators & detonating cord Regulation 6 Disposal of explosives and decontamination 126 of explosive-contaminated items Regulation 7 Employment of young persons 128 Regulation 8 Unauthorised access 130 LICENSING AND REGISTRATION REQUIREMENTS Overview of explosives licensing system 131 Regulation 9 Explosives not to be manufactured without a 139 licence Regulation 10 Explosives not to be stored without a 141 licence Regulation 11 Registration in relation to storage 142 Regulation 12 Applications for licences and registration 146 Regulation 13 Grant of licences 147 Regulation 14 Local authority assent 149 Regulation 15 Refusals of licences, registration and 154 draft licences Regulation 16 Variation of licences 156 Regulation 17 Revocation of licences and registration 157 Regulation 18 Further provisions concerning refusals etc 159 Regulation 19 Appeals against refusal or revocation of 160 registration Regulation 20 Transfer of licences and registration 160 Regulation 21 Death, bankruptcy or incapacity 161 2 CONTENTS PAGE Regulation 22 Registers and retention of documents 161 Regulation 23 Defences 163 PROHIBITION OF CERTAIN EXPLOSIVES AND MISCELLANEOUS PROVISIONS Regulation 24 Prohibition of certain explosives 164 Regulation 25 Prohibition concerning the acquisition and 165 supply of fireworks Regulation 26 Power to grant exemptions 166 Regulation 27 Savings and transitional provisions 166 Regulation 28 Repeals, revocations and amendments 172 SCHEDULE 1 MEANING OF LICENSING AUTHORITY 174 SCHEDULE 2 SEPARATION DISTANCES 175 SCHEDULE 3 AMMOUNT OF PYROTECHNIC ARTICLES IN SALES 187 AREA SCHEDULE 4 REGISTERS 188 SCHEDULE 5 AMENDMENTS 190 SCHEDULE 6 REPEALS AND REVOCATIONS 209 ANNEX 1 GUIDANCE ON DETERMINING HAZARD TYPE 217 ANNEX 2 GUIDANCE ON DENSITY DISTANCES 220 ANNEX 3 SEPARATION DISTANCES NORMALLY USED BY HSE 231 ANNEX 4 FORMULAE FOR CALCULATING SEPARATION 253 DISTANCES 3 INTRODUCTION What is this publication about? 1. This publication provides guidance on how to comply with the Manufacture and Storage of Explosives Regulations 2004 (MSER) which cover the manufacture, storage and handling of all explosives, including: ;blasting explosives; ;propellants; ;detonators and detonating cord; ;fireworks and other pyrotechnic articles; ;ammunition; ;and other explosive articles such as airbags and seat belt pre-tensioners. 2. The activities covered by MSER 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: ;fusing fireworks; ;assembling fireworks displays from components; ;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 all everyone involved in any of the activities described in paragraphs 1 to 3. Other legislation 6. There are also other general health and safety regulations which apply to the storage, handling and manufacture of explosives. This document gives additional guidance where there are particular issues which need to be considered; for example in selecting work or personal protective equipment. 4 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 stored and processed; ‘explosives building’ any building in which explosives are stored or processed; ‘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 – short definition to be added] ‘Initiation’ – the act of causing an explosive material to deflagrate or detonate; ‘ISO container’ – the term ISO container is used to avoid confusion with the general usage of ‘container’ (meaning a receptacle). Unless the context indicates otherwise, this term includes other similar metal storage units; ‘propagation’ – the process of deflagration or detonation progressing through the mass of material in a container or stack; ‘pyrotechnic’ – the term pyrotechnic applies to fireworks plus other items such as flares, smoke signals and flash cartridges. The term ‘firework’ is only used in this document where a requirement applies only to fireworks and not to pyrotechnic articles. ‘reasonably practicable’ – to carry out a duty ‘as far as reasonably practicable’ means that the degree of risk in a particular activity or environment can be balanced against the time, trouble, cost and physical difficulty of taking measures to avoid the risk. If these are so disproportionate to the risk that it would be quite unreasonable for the people concerned to have to incur them to prevent it, they are not obliged to do so. The greater the risk, the more likely it is that it is reasonable to go to very substantial expense, trouble and invention to reduce it. But if the consequences and the extent of a risk were small, insistence on great expense 5 would not be considered reasonable. It is important to remember that the size or financial position of the employer are not taken into account; and ‘storage area’ any area where explosives are stored either on a short or long-term basis. Propagation? Communication? Need to consider whether to have a glossary PART I INTRODUCTION Regulation 1 Citation and commencement 1.—(1) These Regulations may be cited as the Manufacture and Storage of Explosives Regulations 2004 and, except as provided by paragraph (2), shall come into force on . (2) The repeal by these Regulations of sections 40(8) and 103 of the 1875 Act comes into force only with the coming into force of the repeal of section 32 of that Act by the Fireworks Act 2003(a). Regulation 2 Interpretation 2.—(1) In these Regulations — “the 1875 Act” means the Explosives Act 1875(b); “the 1974 Act” means the Health and Safety at Work etc. Act 1974; “ammonium nitrate blasting intermediate” means non-sensitised mixtures of, primarily, ammonium nitrate and other substances which are not themselves explosive, such as oxidisers and fuels, intended to produce a blasting explosive only after further processing prior to use and classified in accordance with the United Nations Recommendations as falling within Class 5.1; “black powder” means an intimate mixture, with or without sulphur, of charcoal or other carbon with potassium nitrate or sodium nitrate, whether the mixture is in meal, granular, compressed or pelletised form, being an explosive substance allocated in accordance with the United Nations Recommendations the U.N. nos. 0027 or 0028; “centre point”, in relation to a store or a building, means the centre point of the store or building determined as far as is reasonably practicable; “Class 1” means Class 1 in respect of explosives or the classification of dangerous goods as set out in the United Nations Recommendations; “desensitised explosive” means — (a) a solid explosive substance which has been wetted with water, alcohol or diluted with one or more other substances; or (a) 2003 c.22. (b) 1875 c.17 (38 & 39 Vict.); relevant amending instruments are S.I.1974/1885 and 1987/52. 6 (b) a liquid explosive substance which has been dissolved or suspended in water or one or more other substances, to form a homogeneous mixture so as to suppress its explosive properties and which, without that treatment, would be classified in accordance with the United Nations Recommendations as falling within Class 1; “disposes”, in relation to explosives and explosive-contaminated items, means destroying the explosives or explosive-contaminated items or otherwise rendering them harmless; “the Executive” means the Health and Safety Executive; “explosive” means — (a) any explosive article or explosive substance which would —