Section 5.7. Restrictions on blasting operations

(a) No person shall detonate explosives in blasting operations unless he has given satisfactory evidence to his employer that he has had practical experience in the handling and use of explosives under conditions existing at the site of the proposed blasting operation, is qualified to perform the duties of blaster at the site, and has a blaster license. A licensed blaster shall be in charge of and responsible for the preparation for, and the firing of, any blast. The blast shall be fired only by the blaster in charge. Where more than one licensed blaster is engaged in the preparation for a blast, the operations management shall designate the blaster in charge. The blaster in charge may authorize a laborer or other person not qualified to perform general blasting operations to load and unload explosives, prepare explosives for use in blasting, transport explosives at or near a job site, charge explosives into drill holes, and set fuses and detonating wires; all such duties shall be performed only under the direct supervision and direction and in the presence of the blaster in charge, who is responsible for the conduct of the persons acting under his direction.

(b) No person is permitted to detonate explosives unless another person is present within calling distance and able to render assistance in the event of accident or injury.

(c) The use of explosives by licensed blasters shall be in accordance with all rules and regulations for the storage, handling and use of explosives, and the manner of transporting dynamite, black powder, fuse, blasting caps, electric blasting caps or detonators, electric squibs, primacord, sensitized ammonium nitrate or any other explosive shall be in accordance with the regulations relating to the marking or placarding of motor vehicles transporting dangerous articles on the public highways of the Department of Transportation of the Commonwealth.

The provisions of this § 5.7 amended January 22, 1969.

Notation

Notes of Decisions

A licensed blaster may be held liable for injuries resulting from a blasting accident, even though the blasting company had an indemnification agreement with a construction company, since the agreement being contrary to public policy which imposes strict liability for damages incurred while performing ultra-hazardous activity. Burgan v. City of Pittsburgh, 542 A.2d 583 (Pa. Cmwlth. 1988); appeal denied 557 A.2d 344 (Pa. 1989).