The Explosives Regulations, 2024, (Explosives Regulations) were published on 23 July 2024 in terms of section 43 of Occupational Health and Safety Act, 1993. The Explosives Regulations replace those published on 17 January 2003. The new regulations introduce several changes aimed at enhancing safety and regulatory compliance in the handling, storage, transport and use of explosives.
Although a detailed assessment and review of the Explosives Regulations is necessary, this note briefly highlights some key considerations (and does not replace the necessary in-depth consideration of the new regulations) by employers who must apply them. Webber Wentzel has prepared a detailed note on the new Explosives Regulations, please contact our occupational health and safety lawyers, or your usual Webber Wentzel contact for this detailed note if it will be of use to you.
1. Updated definitions
1.1 Several definitions within the Explosives Regulations have been added or updated.
- Notably, the definition of "Ammonium Nitrate" has been expanded to include mixtures and solutions meeting specific nitrogen content and water volume requirements.
- "Blasting" is now included in the definitions as the firing of blasting explosives and a "blaster" is defined as a competent person with a valid blasting permit issued by the chief inspector of explosives.
- The definition of "explosive" has been added as a new definition and encompasses substances capable of producing an explosion, pyrotechnic substances, plastic explosives, and certain ammonium nitrate mixtures.
2. Scope of application
2.1 The scope of the regulations applies to all employers, self-employed individuals, or users who operate an explosives workplace for the purposes of manufacturing, testing, storing, or using explosives.
2.2 A new provision in regulation 2(3) and (4) allows the chief inspector of occupational health and safety to grant exemptions from the regulations upon receiving a written request. Such exemptions are subject to conditions determined by the chief inspector of occupational health and safety to ensure the safe handling, storage, and use of explosives.
3. Classification and licensing
3.1 A significant update in the new regulation 3 is the requirement for the chief inspector of occupational health and safety to consult with the chief inspector of explosives before classifying any chemical combination as an explosive or reclassifying an existing explosive.
3.2 Regulation 4 outlines the procedures and requirements for obtaining a licence to establish or operate an explosives workplace including a new period of 30 calendar days within which the chief inspector is required to acknowledge receipt of the application.
3.3 The chief inspector also has the authority to issue, amend, replace, or withdraw guidelines, codes, standards, or best practices, which has already been exercised concerning radio frequency devices. Such guidelines were published simultaneously with the new Explosives Regulations on 23 July 2024.
4. Danger area
4.1 Regulation 6 establishes strict controls on access to and conduct within danger areas in explosives workplaces.
4.2 Specific prohibitions are in place to minimise risks within danger areas, for example, individuals are not allowed to enter through unauthorised points, refuse a search by an authorised gatekeeper if requested, or bring in items like matches, lighters, intoxicants, or other substances that could impair their abilities. An important further qualification has been added stating that an individual is equally prohibited from entering a danger area while under the influence of such substances.
4.3 Restrictions in respect of radio transmitters or cellular telephones have been included. These devices must be used in accordance with any conditions or guidelines issued by the chief inspector of occupational health and safety. Notably, a new guideline regarding radio frequency devices was promulgated simultaneously with these regulations.
4.4 The guidelines on the use of radio frequency (RF) devices within explosives danger areas establish a comprehensive framework for the use of RF Devices in high-risk environments. These guidelines focus on the assessment, risk evaluation, and management of RF devices, particularly for explosives managers, who must conduct rigorous assessments and submit documentation for approval before introducing any RF devices to the workplace. The process includes desktop evaluations, risk assessments, and laboratory testing to determine safe exclusion zones and ensure the integrity of explosives
5. Danger buildings and safeguarding of explosives workplaces
5.1 Regulation 7 imposes requirements regarding the maintenance, safety, and operation of danger buildings in explosives workplaces. Lightning protection is a listed component of the necessary safety considerations in danger buildings under regulations 7 and 8. A new requirement mandates that the explosives manager must now prepare and implement specific procedures to minimise risks during lightning or electrical storms.
5.2 One of the noteworthy changes in regulation 7 relates to door requirements. Previously, all danger buildings were required to have doors that do not slam, while the new Explosives Regulations specify that only doors in danger buildings classified under Schedule II must meet this standard.
5.3 In addition, a prohibition on work in confined spaces that previously applied in terms of the Explosives Regulations, 2002 has been lifted provided that such work is done in accordance with regulation 5 of the General Safety Regulations issued in terms of the Occupational Health and Safety Act, which requires that employers ensure confined spaces are safe before entry by testing the air and obtaining certification from a competent person.
6. Design, construction, and manufacture
The assessment of the design, construction, and manufacture of explosives must be conducted solely by approved inspection authorities; foreign inspection authorities are no longer recognised under the new regulations.
7. Importation of explosives
Any person with a permit to import or export explosives in terms of the Explosives Act, 1956 must provide a copy of such a permit to the chief inspector of occupational health and safety within seven days of obtaining it. In this respect, a previous overlap in the application of the Explosives Act and these regulations appears to have been remedied in that a permit need only be obtained in terms of the applicable provisions of the Explosives Act as opposed to the two permits previously contemplated under both the Explosives Act (issued by the chief inspector of explosives) and the Explosives Regulations (issued by the chief inspector of occupational health and safety).
8. Supervision of explosives workplaces
Employers must appoint a competent and certificated individual, with a valid explosives manager's certificate issued by the chief inspector of occupational health and safety. This individual must be employed on a permanent and full-time basis. The responsibilities of an explosives manager have been expanded in greater detail in new regulation 12.
9. Safe handling of explosives
9.1 Regulation 13 outlines measures for the safe handling of explosives, with a focus on maintaining cleanliness and minimising risks throughout the process. Employers, self-employed persons, or users must ensure that explosives and their ingredients are kept free from any foreign materials that could create health or safety hazards.
9.2 Importantly, the new regulations specify that explosives should no longer be exposed to direct sunlight, a change from previous practices where such exposure was allowed for drying purposes.
10. Emergency plan
Regulation 14 addresses the need for the management of emergencies in workplaces where explosives are handled. The regulation now requires that the emergency plan prioritise the immediate evacuation of all persons to areas of safety in the event of emergencies.
11. Incidents
11.1 Regulation 15 introduces new requirements concerning the management of incidents in workplaces where explosives are handled. In addition to the existing legal obligations, employers, self-employed individuals, or users must now take specific actions following any incident involving explosives. Notably, the regulation requires that after an incident, the risk assessment for the specific equipment, process, or area concerned must be revisited.
11.2 Regulation 15 also imposes new conditions in cases where an incident results in the immediate death of a person or had the potential to do so. In such instances, the workplace must not be disturbed or altered without the consent of the chief inspector of occupational health and safety until an inspection has been conducted by an inspector. However, the regulation does allow for exceptions where disturbance or alteration is necessary to prevent further incidents, to remove injured persons, or to safeguard others from danger.
12. National explosives council
12.1 The establishment and powers of the National Explosives Council (Council) is regulated in terms of regulation 17. One of the key changes in this regulation is the requirement that the chairperson of the Council must now be an official from the Department of Employment and Labour (DoEL).
12.2 A new power vested in the chief inspector in terms of the new Explosives Regulations is to dissolve the National Explosives Council on reasonable grounds.
13. Competencies and standards of training
Regulation 19 grants the chief inspector the authority to determine, amend, or withdraw minimum competency requirements for explosives-related activities. These actions are to be taken after consulting with the National Explosives Council.
14. Offences and penalties
14.1 Under the new regulations, any person who contravenes or fails to comply with specified provisions will be guilty of an offence and liable to a fine not exceeding ZAR 8000, imprisonment for up to 12 months, or both. In cases of continuous non-compliance, the regulations now impose an increased daily fine of ZAR 800 for each day the offence continues, or an additional day of imprisonment for each day of non-compliance, with a maximum of 90 days of such imprisonment. The Minister retains the authority to amend these fine amounts by publishing changes in the Gazette.
Annexure I
Annexure I, covering safety distances for explosives, remains referenced in the new Explosives Regulations, however, the annexure itself is not included. It is recommended that the safety distances prescribed in the old regulations should be adhered to until new publications are included in the Explosives Regulations, 2024.
