W. Va. Code R. § 38-2-25 - Certification of Blasters

25.1. Certification

25.1.a. Requirements for Certification. - In every surface mine and surface area of an underground mine when blasting operations are being conducted, a certified blaster shall be responsible for the storage, handling, transportation, and use of explosives for each and every blast, and for conducting the blasting operations in accordance with the blasting plans approved in a permit issued pursuant to W. Va. Code § 22-3-1 et seq., and the rules promulgated under that article. Each person acting in the capacity of a blaster and responsible for the blasting operation* shall be certified by the Secretary. Each certified blaster shall have proof of certification either on his or her person or on file at the permit area during blasting operations. Certified blasters shall be familiar with the blasting plan and blasting related performance standards for the operation at which they are working. Where more than one certified blaster is working on a blast, the blaster who designed the blast shall supervise the loading operations and sign the blasting log. Nothing in this rule modifies statutory regulatory authority of the state fire marshal and the state fire commission to regulate blasting and explosives.

25.1.b. Qualifications for Certification. - Each applicant for certification shall be a minimum of twenty-one (21) years old, have had at least one (1) year active blasting experience within the past three (3) years, and have demonstrated a working knowledge of and skills in the storage, handling, transportation, and use of explosives, and a knowledge of all state and federal laws pertaining thereto, by successfully taking and passing the examination for certification required by subdivision 25.3.b. of this rule. Applicants who have blasting experience prior to the last three years, with documentation, may be considered by the Secretary on a case-by case basis as qualifying experience for initial certification and re-certification; provided the requirements of 25.6.c. will apply.

25.1.c. Application for Certification. - Prior to taking the examination for certification, a person must submit an application on forms prescribed by the Secretary, along with a fifty dollar ($50.00) application fee, to the Secretary to take the. Upon receipt of an application for examination, the Secretary shall, after determining that the applicant meets the experience requirements of subdivision 25.1.b. of this rule, notify the applicant of the date, time, and location of the scheduled examination.

25.2. Training. - The Secretary will administer a training program to assist applicants for blaster certification or re-certification in acquiring the knowledge and skills required for certification. The training requirements shall include, at a minimum, those subject areas set forth in subparagraphs 25.3.b.1.A through 25.3.b.1.K. of tills rule. The training program will consist of the West Virginia Surface Mine Blasters Self-Study Guide Course and a classroom review of the self-study guide course. Completion of the classroom review part of the training program may not be required for first time applicants. The Secretary may establish a fee for training to cover costs to the Secretary. Applicants for certification, or applicants for re-certification who cannot document the experience requirements specified in subdivision 25.1.b. of this rule, must complete the West Virginia Surface Mine Blasters Self-Study Guide.

25.2.a. Blasters Responsibilities - Prior to certification, all applicants will-be required to attend two (2) hour Blaster's Responsibilities training session addressing certified blasters responsibilities and the disciplinary procedures contained in subsections 25.9. and 25.10. of this rule. This training will be made available immediately prior to scheduled examinations.

25.3. Examination for Certification of Examiner/Inspector and Certified Blaster.

25.3.a. Examinations for Certified Blaster Examiners/Inspectors. All persons employed by the Secretary, whose duties include training, examining, and certification of blasters and/or inspecting blasting operations shall be a certified examiner/inspector. Certification as an examiner/inspector does not constitute surface mine blaster certification; however, a surface mine blaster certification is sufficient for certification as an examiner/inspector. The examination for certified examiner/inspector shall at a minimum, test the applicant's knowledge as required by subdivision 25.3.b. of this rule.

25.3.b. Examination for Certified Blaster. - The examination for certified blaster shall include information presented in the Study Guide for West Virginia Surface Mine Blasters, and shall consist of three parts:

25.3.b.1. A written multiple choice examination covering:

25.3.b.1.A. Types of explosives and their properties, to include selection of appropriate explosive(s);

25.3.b.1.B. Blasting equipment and accessories, to include blasting machines;

25.3.b.1.C. Blast dimensions and calculations, to include geologic and topographic considerations, blast hole design, flyrock control, secondary blasting, and blast plans;

25.3.b.1.D. Delay systems, to include pattern design, field layout, and initiation systems;

25.3.b.1.E. Timing;

25.3.b.1.F. Blast vibration and vibration control, to include airblast, monitoring techniques, and use of preblast surveys;

25.3.b.1.G. Loading and detonating, to include pruning, scheduling, site control, warning signals, and unpredictable hazards;

25.3.b.1.H. Storage and transportation of explosives;

25.3.b.1.I. Recordkeeping and reporting;

25.3.b.1.J. Current state and federal laws, rules and regulations relating to the handling, storage, transportation, and use of explosives; the training and certification of blasting personnel, and blasting signs; and

25.3.b.1.K. Responsibilities of a certified blaster.

25.3.b.2. A simulation examination whereby the applicant must correctly and properly complete a blasting log.

25.3.b.3. Other portions or parts developed to demonstrate an applicant's ability to use explosives products and equipment properly, as deemed appropriate by the Secretary.

25.3.c. A score of 80 percent (80%) for the multiple-choice examination, and satisfactory completion of the blasting log portion, and any other portions that may be included in the examination, which are graded on a pass/fail basis, are required for successful passage of the examination.

25.3.d. Notification of Scores. - The Secretary will notify all persons of their scores within thirty (30) days of completing the examination. A person who fails to achieve a passing score of any of the parts of the examination may apply, after receipt of his or her examination results, to retake the entire examination or any portions that the individual failed to pass. Any person who fails to pass any part of the exam on the second attempt or every other subsequent attempt must certify that he/she has taken or retaken the classroom review training program described in subsection 25.2. of this rule prior to applying for another examination.

25.4. Approval of Certification. - Upon determination that an applicant for certification has satisfactorily passed the examination, the Secretary shall, within thirty (30) days of the examination date, issue a certification card to the applicant.

25.5. Conditions or Practices Prohibiting Certification. - The Secretary shall not issue a blaster certification or re-certification to persons who:

25.5.a. Are currently addicted to alcohol, narcotics or other dangerous drugs;

25.5.b. Have exhibited a pattern of conduct inconsistent with the acceptance of responsibility for blasting operations; or

25.5.c. Are convicted felons.

25.5.d. Have had their blasters certification suspended or revoked in any other state may be required to show cause as to why they should be considered for certification.

25.6. Re-certification Requirements for Certified Blaster.

25.6.a. Refresher Training - All certified blasters must complete a minimum of twelve (12) hours of refresher training during the three (3) year period that each blasters certification is in effect. This refresher training requirement may be satisfied by attendance at various professional and technical seminars and meetings approved by the Secretary, or by attendance at a refresher training session conducted by the Secretary. The Secretary may establish a fee for refresher training to cover costs.-

25.6.b. Re-certification of Blasters. A certified blaster must be re-certified every three (3) years. Each applicant for re-certification must be currently certified and must document that he or she satisfactorily meets the experience requirements of subdivision 25.1.b. of this rule, and has satisfied the refresher training requirement in subdivision 25.6.a. of this rule. The application for re-certification must be submitted on forms prescribed by the Secretary with a thirty-dollar ($30.00) re-application fee.

25.6.c. Re-training. - An applicant for recertification who does not meet the experience requirements of subdivision 25.1.b of this rule must take the training course defined in section 25.2, and pass the examination required in subdivision 25.3.b. of this rule.

25.6.d. Re-examination - Each certified blaster shall be required to successfully complete the examination for certified surface coal mine blasters at least once every sixth year, as required by subdivision 25.3.b of this rule.

25.7. Presentation of Certificate; Transfer; and Delegation of Authority.

25.7.a. Upon request by the Secretary, a certified blaster shall exhibit his or her blaster certification card.

25.7.b. The certified blaster shall take all reasonable care to protect his or her certification card from loss or unauthorized duplication, and shall immediately report any such loss or duplication to the Secretary.

25.7.c. Blaster's certifications may not be transferred or assigned.

25.7.d. Certified blasters shall not delegate their authority or responsibility to any individual who is not a certified blaster. A certified blaster shall not take any instruction or direction on blast design, explosives loading, handling, transportation and detonation from a person not holding a West Virginia blasters certificate, if such instruction or direction may result in an unlawful act, or an improper or unlawful action that may result in unlawful effects of a blast. A person not holding a West Virginia blasters certification who requires a certified blaster to take such action may be prosecuted under W. Va. Code § 22-3-17(c) or (i).

25.8. Violations by a Certified Blaster. - The Secretary may issue written notification, a temporary suspension order, or revoke the certification of a certified blaster who is, based on clear and convincing evidence, in violation of any of the following:

25.8.a. Failure to comply with any order issued by the Secretary;

25.8.b. Illegal use of drugs or narcotics, or any use of alcohol in the workplace;

25.8.c. Violations of Federal or state laws, or regulations governing, the purchase, use, handling, transportation, storage, or detonation of explosives, or the approved blast plan for the permit where the blaster is working;

25.8.d. False swearing in order to obtain a blaster's certification card;

25.8.e. Any illegal or improper action taken by a certified blaster in the use, handling, transportation, or storage of explosives or in designing and executing a blast, which may or has led to injury or death at or near a mine site.

25.8.f. A pattern of conduct which is not consistent with acceptance of responsibility for blasting operations, i.e., repeated violations of state or Federal laws pertaining to explosives; or

25.8.g. Willful Conduct -The Secretary shall suspend or revoke the certification of a blaster for willful violations of state or Federal laws pertaining to explosive.

25.9. Suspension, Revocation and Penalties.

25.9.a Suspension and Revocation.

25.9.a.1. Suspension. - Upon service of a temporary suspension order, the certified blaster shall be granted a hearing before the Secretary to show cause why his or her certification should not be suspended or revoked.

25.9.a.1.A. The period of suspension will be conditioned on the severity of the violation committed by the certified blaster and, if the violation can be abated, the time period in which the violation is abated. The Secretary may require remedial actions and measures and retraining and re-examination as a condition for reinstatement of certification.

25.9.a.2. Imminent Harm Suspension. - A certified inspector has the authority to issue a temporary suspension order to a certified blaster when an imminent danger to the health or safety of the public exists, or can reasonably be expected to cause significant, imminent environmental harm to land, air or water resource by any condition, practice, or violation of this rule or any permit condition. The temporary suspension order shall take effect immediately.

25.9.a.2.A. The Secretary shall formally investigate the incident(s) and provide written findings to the blaster within fifteen days following the effective date of the temporary suspension.

25.9.a.2.B. Informal Conference Unless waived in writing by the certified blaster, an informal conference shall be held at or near the site relevant to the violation. This informal conference shall be held within twenty-four hours after the temporary suspension order becomes effective. The conference shall be held before the Secretary, who shall evaluate the blasters' performance and upon conclusion of the hearing shall; determine if the temporary suspension of the blaster shall remain in force, withdraw the suspension, or uphold in part.

25.9.a.2.C. Appeal to the Secretary - If a blaster chooses to appeal the results of the informal conference or the written findings of the initial investigation; they may appeal the results within in five days to the Secretary. The appeal shall include written reasons for the appeal. A hearing shall be conducted by the Secretary within ten days of receipt of the appeal.

25.9.a.2.D. Any blaster receiving a temporary suspension may appeal the decision of the Secretary to the Surface Mine Board.

25.9.a.3. Revocation. - If the remedial action required to abate a suspension order, issued by the Secretary to a certified blaster, or any other action required at a hearing on the suspension of a blaster's certification, is not taken within the specified time period for abatement, the Secretary may revoke the blaster's certification and require the blaster to relinquish his or her certification card. Revocation will occur if the certified blaster fails to re-train or fails to take and pass reexamination as a requirement for remedial action.

25.9.a.4. In addition to suspending or revoking the certification of a blaster, failure to comply with the requirements of this subsection may also result in further suspension or revocation of a blasters certification.

25.9.a.5. Any blaster receiving a suspension or revocation may appeal the decision to the Secretary and to the Surface Mine Board.

25.10. Reinstatement - Subject to the discretion of the Secretary, and based on a petition for reinstatement, any person whose blaster certification has been revoked, may, if the Secretary is satisfied that the petitioner will comply with all blasting law and rules, apply to re-take the blasters certification examination, provided the person meets all of the requirements for blasters certification specified by this subsection, and has completed all requirements of the suspension and revocation orders, including the time period of the suspension.

25.11. Civil and Criminal Penalties. - Every certified blaster is subject to the individual civil and criminal penalties provided for in W. Va. Code § 22-3-17.

25.12. Hearings and Appeals. - Any certified blaster who is served a suspension order, revocation order, or civil and criminal sanctions is entitled to the rights of hearings and appeals as provided for in W. Va. Code § 22-3-16 and 17

25.13. Blasting Crew. - Persons who are not certified and who are assigned to a blasting crew, or assist in the use of explosives, shall receive directions and on-the-job training from certified blaster in the technical aspects of blasting operations, including applicable state and federal laws governing the storage, transportation, and proper use of explosives.

25.14. Reciprocity With Other States. - The Secretary may enter into a reciprocal agreement with other states wherein persons holding a valid certification in that state may apply for certification in West Virginia, and upon approval by the Secretary, be certified without undergoing the training or examination requirements set forth in this rule. Reciprocity is a onetime only process. Any blaster who has been issued a certification through reciprocity and fails to meet the recertification requirements will be required to reexamine and may be required to provide refresher training documentation, as per section 25.6.a of this rule.

Notes

W. Va. Code R. § 38-2-25