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Subpart 39.3

Responsibility to observe rules and regulations.

(a) General. Every person shall comply with all laws, rules and regulations affecting his conduct whenever he is in an area where explosives are possessed, handled, stored, used or transported. No employer who holds a valid license in accordance with the provisions of subdivision 1 of section 458 of the Labor Law shall permit any but designated, competent employees to possess or transport explosives under such license. No employees shall be designated or permitted to use or handle such explosives in blasting operations within the scope of their duties on behalf of the licensed employer unless such work is performed under the supervision of a certified blaster. Such supervision by a blaster shall not be required for any person using a jet tapper, a jet perforator or similar device utilizing not more than three ounces of explosives in manufacturing or drilling operations.

(b) Responsibility of employer. Where explosives are manufactured, stored, transported, handled or used, the employer shall use every precaution to provide for the safety of all persons and it shall be the duty of such employer to carry out the provisions of article 16 of the Labor Law and of this Part (rule) by providing the required safety devices, types of construction, materials, methods and procedures.

(c) Responsibility of employees. Every employee who handles, purchases, owns, possesses, transports or uses explosives shall comply with all pertinent provisions of article 16 of the Labor Law and of this Part (rule) which concern or affect his conduct and shall use all safety devices provided for his use and comply with all required methods and procedures.

Historical Note:    Sec. amds. filed: March 23, 1972; June 22, 1973 eff. Aug. 1, 1973. Substituted new (a).

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