10 CSR 40-3.160 - Training, Examination and Certification of Blasters
PURPOSE: This rule brings the Land Reclamation Program into line with the Office of Surface Mining Reclamation and Enforcement rule on the same subject.
(1)
Responsibility. The director shall-
(A) Ensure
that persons responsible for the use of explosives in surface mining operations
have attended training courses which satisfy the requirements set forth in
subsection (3)(A) of this rule.
(B)
Govern the training, examination, certification and enforcement of a blaster
certification program for surface coal mining operations.
(2) Definitions and Standards.
(A) Application. The submittal of the
following constitutes application to the blaster certification program:
completed application form, completed verification forms and appropriate fee by
an individual interested in becoming a certified blaster in Missouri. A
satisfactory application allows the applicant to take the required
examination.
(B) Blast. Any
detonator(s), explosive(s), blasting agent(s), or a combination of these, being
initiated simultaneously by a single energy source.
(C) Blaster. A person directly responsible
for the use of explosives in surface coal mining operations who is certified
under this rule.
(D) Certification.
The issuance of a blaster certificate to those persons examined and found to be
competent and possessing the necessary experience to accept the responsibility
for blasting operations in surface coal mining operations. Certification will
be for three (3) years.
(E)
Examination. A test designed to verify the competency of persons seeking to
become certified or recertified. The examination, consisting of, at a minimum,
those topics set forth in subsection (3)(A) of this rule, will be given by the
Land Reclamation Program.
(F)
Experience. Persons seeking to become certified or recertified as blasters in
Missouri must have gained experience either through 1) being directly
responsible for the use of explosives and for the direction of the blasting
crew in surface blasting operations or 2) receiving on-the-job training from
the certified blaster in charge. The experience for both options listed must
include, but not be limited to, the technical aspects listed in subsection
(3)(A) of this rule for a period of twelve (12) months within the last five (5)
years.
(G) Recertification. The
reissuance of a blaster certificate to those persons examined and found to be
competent and possessing the necessary experience to accept the responsibility
for blasting operations in surface coal mining operations. The procedures for
becoming recertified are in accordance with subsection (3)(A) of this rule.
Recertific-ations are good for three (3) years.
(H) Reexamination. Individuals who did not
pass the examination with an eighty percent (80%) score will be allowed to
retake the test. Those individuals will have to pay an additional fee to retake
the test. The examination procedures and topics covered will be the same as
those required for the initial examination process.
(I) Revocation. As determined by the Land
Reclamation Commission, the certified blaster will be relieved of all his/her
rights and privileges granted by the certification for at least the length of
time remaining on his/her certification. This individual will be considered a
new applicant and will have to submit not only the application fee, but also a
reinstatement fee at application time.
(J) Surface Blasting Operations. The on-site
storage, transportation and use of explosives in association with coal
exploration operations, surface mining activities and surface disturbances of
underground mining activities. The term shall be interpreted broadly and shall
encompass activities including, but not limited to, the design of individual
blasts, the implementation of blast designs, the initiation of blasts, the
monitoring of airblast and ground vibration and the use of protective measures
such as access control and warning and all clear signals.
(K) Suspension. As determined by the Land
Reclamation Commission, the certified blaster will be relieved of all his/her
rights and privileges granted by the certification temporarily, as provided for
by the terms of the suspension order. The suspension order may carry with it
requirements for additional training or testing or other appropriate corrective
measures.
(L) Temporary
Certificate. A certificate strictly for those out-of-state blasters who
presently have a valid certificate from a state with an Office of Surface
Mining-approved program. These certificates are good for six (6) months or the
time left on the valid out-of-state certificate, whichever is
greater.
(3) Training.
(A) Persons seeking to become certified or
recertified as blasters in Missouri must successfully complete one (1) formal
training course within the past year prior to certification or recertification.
For certification in Missouri, the course shall be at least two (2) days in
length and provide training and discuss practical applications of all of the
following. For recertification in Missouri, the course shall be at least one
(1) day in length and provide training and discuss practical applications of
least one (1) of the following:
1. Explosives,
including:
A. Selection of the type of
explosive to be used;
B.
Determination of the properties of explosives which will produce desired
results at an acceptable level of risk; and
C. Handling, transportation and
storage;
2. Blast
designs, including:
A. Geologic and
topographic considerations;
B.
Design of a blast hole, with critical dimensions;
C. Pattern design, field layout and time of
blast holes; and
D. Field
applications;
3. Loading
blast holes, including priming and boostering;
4. Initiation systems and blasting
machines;
5. Blasting vibrations,
airblast and fly-rock, including:
A.
Monitoring techniques; and
B.
Methods to control adverse affects;
6. Secondary blasting applications;
7. Current federal and state rules applicable
to the use of explosives;
8. Blast
records;
9. Schedules;
10. Preblast surveys, including:
A. Availability;
B. Coverage; and
C. Use of preblast surveys in blast
designs;
11. Blast plan
requirements;
12. Certification and
training;
13. Signs, warning
signals and site control; and
14.
Unpredictable hazards, including:
A.
Lightning;
B. Stray
currents;
C. Radio waves;
and
D. Misfires.
(B) Training courses
that are approved or sponsored by the following entities and fulfill those
requirements outlined in paragraph (3)(C)1. of this rule will be deemed
acceptable by the Missouri Land Reclamation Program for the purposes of meeting
the training requirements of this rule:
1.
The Office of Surface Mining of the United States Department of the
Interior;
2. Other states with
Office of Surface Mining-approved blaster certification programs; and
3. The federal Mine Safety and Health
Administration.
(C)
Other training courses will be evaluated by the Missouri Land Reclamation
Commission for acceptability.
1. These
training courses shall be approved based upon their equivalency to the approved
programs listed in subsection (3)(A) in terms of-
A. Course content;
B. Instructor qualifications; and
C. Number of instructional hours.
2. It shall be the responsibility
of the applicant to provide to the Missouri Land Reclamation Program the
material as may be required by the program to conduct the
evaluations.
(D)
Direction and on-the-job training of those persons who are not certified and
who are assigned to a blasting crew or assist in the use of explosives will be
the responsibility of the blaster in charge.
(4) Fees.
(A) The following is a schedule of
nonre-fundable fees, with the exception of subsection (4)(B) of this rule, to
be submitted at the time of initial certification, recertification,
reexamination, replacement, temporary certification or reinstatement:
1. Certification Application/ Issuance Fee
$100;
2. Recertification
Application/ Issuance Fee $100;
3.
Reexamination Fee $ 25;
4.
Certificate Replacement Fee $ 25;
5. Temporary Certificate Fee $ 25;
and
6.
Reinstatement Fee $100.
(B) Time Frames and Administration of Fees.
1. Should the applicant's application be
rejected, seventy-five dollars ($75) of the original fee will be
returned.
2. These fees will be
paid into the Mined Land Reclamation Fund.
3. Fees will be accepted by check, money
order or cashier's check made payable to the State of Missouri and to be
deposited in the Mined Land Reclamation Fund.
(5) Application.
(A) Application Time Frames.
1. Application to the certification program
must be received by the Land Reclamation Program no later than thirty (30) days
before the date of the scheduled examination.
2. Any applicant whose application has not
been received by the due date will be placed on the list for the next scheduled
examination.
(B)
Required Information and Supplemental Forms for Application.
1. Each applicant must fully complete and
submit the following for application to the blaster certification program on
forms provided by the Land Reclamation Program:
A. Application form #1. Completion of this
form consists of the answering of the following:
(I) Name, address, home telephone number,
birth date, age, Social Security number and occupation of applicant;
(II) Name, address, business telephone number
of present or most recent employer;
(III) Type of certification requested by the
application;
(IV) Whether or not
the applicant has completed one (1) formal course within the past twelve (12)
months, as specified in subsection (3)(A) of this rule;
(V) Whether or not the applicant has had
on-the-job training or supervisory experience during the past twelve (12)
months as specified in subsection (2)(F) of this rule;
(VI) Personal information as specified in
subparagraph (5)(C)1.D.; and
(VII)
Signature of and dated by the applicant and verified by a notary
public;
B. Verification
of applicant's training course-form #2. Completion of this form consists of
answering the following:
(I) Name, address,
birth date and Social Security number of the applicant;
(II) Name of employer(s) that provided such
training;
(III) Name and address of
trainer, name, dates, location and type of training course; and
(IV) Statement signed and dated by trainer as
to whether the trainee successfully or unsuccessfully completed training course
and why course was failed;
C. Verification of applicant's experience,
on-the-job training, or both, by the employer(s) that provided the experience-
form #3. Completion of this form consists of answering the following:
(I) Name, address, birth date, Social
Security number and occupation of applicant;
(II) Name and address of employ-er(s) that
provided such experience;
(III)
Type of certification requested by the applicant; and
(IV) Statement signed and dated by employer
that provided the experience as to whether the applicant has actively performed
duties of responsibilities or has had active on-the-job training or job
experience as specified in subsection (2)(F) of this rule for purposes of
certification or recertification; and
D. The appropriate fee(s).
(C) Criteria for
Complete Application.
1. The Land Reclamation
Program will review the application fee and the other forms for completeness
and accuracy. The acceptance of the application will be based upon the
following:
A. Age. The applicant must be
twenty-one (21) at the time of certification issuance;
B. Experience. The applicant must have
successfully completed twelve (12) months of active blasting experience or
on-the-job training within the last five (5) years;
C. Training. The applicant must have
successfully completed training as per subsection (3)(A) of this
rule;
D. Personal information.
Complete and accurate information regarding the following:
(I) Whether the applicant has a current
addiction to alcohol, narcotics or dangerous drugs. For the purposes of this
rule, addiction does not include a person who has been treated for drugs and
alcohol addiction and who has been declared free of his/her habitual use by a
reputable drug or alcohol treatment program; and
E. The appropriate fee.
2. The applicant will be notified no later
than seven (7) days before the date of the scheduled examination that the
application has either been rejected or accepted. The notification will include
the reasons for the rejection.
(D) Right to Appeal. If the applicant has had
his/her application rejected, s/he may submit a written appeal within thirty
(30) days of the denial.
(6) Examination.
(A) The competence of persons directly
responsible for the use of explosives in surface coal mining operations shall
be determined through a written examination in the technical aspects of
blasting and state and federal laws governing the storage, use and
transportation of explosives.
(B)
Applicants for blaster certification shall be examined, at a minimum, in the
topics set forth in subsection (3)(A) of this rule.
(C) Time Frames for Examination.
1. Written examinations for blaster
certification shall be administered at least quarterly on dates, times and at
locations determined by the Land Reclamation Program. Emergency testing
situations will be considered on a case-by-case basis.
2. Due dates for the application will be
included in official notices.
3.
The Land Reclamation Program will make available the information specified in
paragraph (6)(C)1. at least sixty (60) days before the date of the
examination.
(D)
Examination Day.
1. The applicant must show
the following, upon entering the testing room, in order to be able to take the
examination:
A. Two (2) forms of
identification. One (1) form of identification must include a recent photograph
of the applicant. The following forms of valid identification will be accepted:
(I) Current driver's license with blaster's
photograph;
(II) Certified birth
certificate or certificate of live birth;
(III) Immigration card;
(IV) Passport;
(V) Court record;
(VI) Social Security card;
(VII) Current Missouri identification card;
and
(VIII) Current credit card;
and
B. Pass card. This
card will be included in the correspondence that the applicant will receive
notification of acceptance to take the test.
(E) Failure to Take Examination. Failure by
the applicant to notify the Land Reclamation Program at least one (1) day in
advance of the test of the applicant's inability to take the examination will
result in the application being rejected and the fees forfeited.
(F) Test Results.
1. Passing the examination.
A. An eighty percent (80%) score on the
examination constitutes a passing grade.
B. Those applicants who receive at least an
eighty percent (80%) grade will be notified of the results within fifteen (15)
working days of the examination date.
2. Failure of the examination.
A. Those applicants who did not receive at
least an eighty percent (80%) grade did not pass the test. These individuals
will be notified of the test results within fifteen (15) working days of the
examination date.
B. Those
applicants who did not pass the test may retake a reexamination at the next
regularly scheduled date on the following two (2) conditions:
(I) The applicant must inform the Land
Reclamation Program in writing of the desire to retake the examination at least
thirty (30) days before the scheduled exam in order for that applicant to be on
the testing list; and
(II) The
applicant must submit the twenty-five dollar ($25) reexamination fee along with
the statement of intent.
3. Review of failed examination.
A. The applicant may request to review the
test at the Land Reclamation Program office during regular business
hours.
B. Under no circumstances
will any applicant or his/her agent be able to record examination questions by
any means during this review.
C.
Applicants will not be allowed to review their tests less than fifteen (15)
days prior to their scheduled reexamination.
(7) Certification.
(A) Issuance of Certification.
1. The director shall certify, for a period
of three (3) years, those candidates examined and found to be competent and to
have the necessary experience to accept the responsibility for blasting
operations in surface coal mining operations.
2. Certificates will be issued within fifteen
(15) working days after the date of the examination.
(B) Criteria for Certification. The following
is a list of criteria which will be used to determine whether or not a
certificate will be issued at the time of initial certification or for
recertification:
1. Age. The applicant must
have turned twenty-one (21) at the time of certification issuance;
2. Experience. The applicant must have had
twelve (12) months of active blasting experience as specified in subsection
(2)(F) of this rule;
3. Training.
The applicant must have had one (1) formal training course within the past
year. The course must cover at least one (1) of those technical aspects as
specified in subsection (3)(A) of this rule;
4. Personal information. The applicant shall
not-
A. Be currently addicted to alcohol,
narcotics or dangerous drugs; or
B.
Exhibit a pattern of conduct inconsistent with the acceptance of responsibility
for blasting operations; and
5. Pass the examination with at least an
eighty percent (80%) grade.
(C) Certificate Conditions. The following
conditions must be met for a blaster to maintain certification:
1. A blaster shall immediately exhibit
his/her certificate to any authorized representative of the Land Reclamation
Commission or the Office of Surface Mining Reclamation and Enforcement upon
request;
2. Blaster's
certifications shall not be assigned or transferred;
3. Blasters shall not delegate their
responsibility to any individual who is not certified;
4. Blasters shall take every reasonable
precaution to protect their certificates from loss, theft or unauthorized
duplication. Any such occurrence shall be reported immediately to the
director;
5. The blaster must have
the certificate on his/her person at the mine site;
6. The blaster's responsibility is to conduct
blasting and provide on-the-job training to noncertified crew members;
and
7. The blaster must submit a
written notification as soon as practicable to the Land Reclamation Program
when there is a change in his/her name, address, phone number of place of
employment.
(D) Right to
Appeal. If the applicant has had his/her certificate denied, s/he may submit a
written appeal within thirty (30) days of the denial.
(E) Recertification.
1. To maintain certification, blasters are
required to receive additional training that meets the applicable requirements
of subsection (3)(A) of this rule every three (3) years.
2. After completion of the updated training
and prior to the expiration of their current three (3)-year certification
period, blasters must retake and pass the examination required in section (6)
of this rule to keep their certification valid.
3. The Land Reclamation Program will notify
the certified blaster before his/her certification is scheduled to
expire.
4. The certified blaster
will have a ninety (90)-day grace period from the date of expiration of his/her
certificate in which to become recertified without a lapse of
certification.
5. Administration
actions on recertifica-tion applications.
A.
If a blaster's certificate is suspended or revoked, a recertification
applica-tion will be accepted and processed only in accordance with the
regulations and only if the terms and conditions of the suspension or
revocation orders have been met.
B.
If an application for recertification has been submitted, and prior to
recertifica-tion, the certificate is suspended or revoked, the recertification
application will be rendered null and void and returned to the
applicant.
(F) Reciprocity.
1. Any person who holds a valid certificate
of registration as a certified blaster in another state may be granted a
temporary blaster certificate as specified in this rule on the conditions that-
A. The state which issued the certificate has
an office of surface mining approved blaster certification program;
and
B. The blaster presents to the
Land Reclamation Program his/her valid blaster certificate or provide the Land
Reclamation Program with the name of the state where the certificate was issued
and the certification number.
2. The period of the temporary certificate
shall not exceed the balance of the time left on the blaster's original
certificate, or six (6) months, whichever is greater.
3. Prior to the expiration of a temporary
certificate, the blaster must reapply under the requirements for
recertification. Temporarily certified blasters will have a ninety (90)-day
grace period from the date of expiration of his/her certificate in which to
become recertified without a lapse of certification.
(G) Suspension and Revocation.
1. The permittee shall be responsible to take
such steps as are necessary to ensure that blasting operations conducted on a
permit issued to him/her are conducted under the direction of a certified
blaster in accordance with the applicable laws and the regulations of the Land
Reclamation Commission.
2. After a
finding of willful misconduct, and following written notice and opportunity for
a hearing, the commission may suspend or revoke the certification of a blaster
or take other action for any of the following reasons:
A. Noncompliance with any order or notice of
the director or commission;
B.
Current addiction to or unlawful use of alcohol, narcotics or other dangerous
drugs in the work place;
C.
Violation of any provision of the state or federal explosives laws or
regulations including subsection (7)(C); and
D. Providing false information or a
misrepresentation to obtain certification.
3. If the director determines that a
certificate should be revoked or suspended pursuant to paragraph (7)(G)2. of
this rule, s/he shall issue an order to the blaster by certified mail or hand
delivery requiring him/her to show cause why his/her certificate and right to
conduct blasting operations under the regulatory blaster certification program
should not be suspended or revoked.
A. Upon
receipt of the show cause order, the blaster shall have thirty (30) days in
which to request a hearing before the commission to show cause why the
certificate should not be suspended or revoked. If a hearing is requested, it
shall be held within sixty (60) days of the receipt of the request by the
commission.
B. If the permittee
fails to request a hearing within the time allowed, the matters set forth in
the show cause order shall be conclusive and the commission shall declare the
certificate revoked or suspended at the first regularly scheduled commission
meeting following the expiration of the thirty (30)-day period provided to
request a hearing.
C. The blaster
shall be provided with a copy of any inspection report prepared by an
authorized representative of the commission which discusses or notes any aspect
of the blaster's performance or the conduct of blasting operations under
his/her supervision.
4.
The director or an authorized representative of the commission shall
immediately issue a suspension order if s/he determines that any condition or
practice, listed in sub-paragraphs (7)(G)2.A.-D. or any condition outlined in
paragraphs (7)(C)1.-7. imposed upon a certificate issued by the program, or any
violation of the regulatory blaster certification program outlined in this
rule-
A. Creates an imminent danger to the
health or safety of the public; or
B. Is causing or can reasonably be expected
to cause significant, imminent environmental harm to land, air or water
resources.
5. If advance
notice and opportunity for a hearing cannot be provided due to the
circumstances described in paragraph (7)(G)4., an opportunity for a hearing
shall be provided as soon as practical following the suspension and, in any
case, no later than fifteen (15) days after the suspension.
6. If a hearing is held pursuant to paragraph
(7)(G)3. or 5. of this rule, or upon failure of the blaster to request a
hearing as provided for, the commission shall issue written Findings of Fact
and Conclusions of Law and, if appropriate, an order suspending or revoking the
certificate within forty-five (45) days after the hearing.
A. An order of suspension shall include:
(I) The termination date of the suspension;
and
(II) The conditions that must
be complied with prior to termination of suspension.
B. An order of revocation shall include:
(I) The period of time, if any, beyond the
expiration date of the blaster's current certification during which s/he shall
be ineligible to apply for recertification; and
(II) The conditions that must be complied
with prior to the applicant being eligible for recertification.
C. An order of revocation or
suspension may include requirements that the blaster complete additional
training or testing or for other appropriate corrective measures.
7. All notices, suspension or
revocation orders will be served to the blaster promptly after issuance.
Service may be in person, certified mail, return receipt requested.
A. Service by mail will be deemed complete
upon deposit with the United States mail, postage prepaid and addressed to the
address provided by the blaster to the Land Reclamation Program.
B. A copy of the notice or order will be
mailed to the permittee, the primary employer and any other person who employs
that blaster.
8. Upon
issuance of a suspension or revocation order, all rights and privileges granted
by certification are suspended or revoked until the order is vacated or the
certification is restored in accordance with the suspension or revocation
order.
9. The blaster will
surrender his/her certificate when an order is issued by the director or
commission. If the order is hand delivered, the certificate will be immediately
surrendered. Otherwise, the certificate may be sent by certified mail, return
receipt requested or by registered mail.
10. Prior to a hearing, a suspension or
revocation order determined to have been issued in error may be vacated
immediately by the director.
11.
The terms and conditions of each order given by the Land Reclamation Commission
will be commensurate with the following:
A.
Seriousness of the violation;
B.
The blaster's culpability for the violation;
C. The history of the blaster's performance;
and
D. Consideration of whether the
blaster took precautions to ensure compliance with the laws and
regulations.
12. All
hearings conducted under the authority of this section shall be in accor-dance
with the applicable provisions of section 444.875.7, RSMo.
Notes
*Original authority 1979, amended 1983, 1993.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.