OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 1 of 3

COALEX STATE INQUIRY REPORT - 270

December 1993

Rick Chancellor

Land Quality Division

122 W. 25th Street

Cheyenne, Wyoming 82002

TOPIC: DEFINITION OF "A LOADED HOLE"

INQUIRY: Are there any federal decisions defining what constitutes "a loaded or 

charged hole"? Wyoming regulations require loaded holes to be guarded or the area 

sealed. Wyoming does not consider a hole loaded until the initiating device is place in 

the hole along with the ammonium nitrate fuel-oil mixture (ANFU).

SEARCH RESULTS: COALEX and LEXIS were used to research this issue. No 

administrative, state or federal decisions were identified that defined "a loaded or 

charged hole". The retrieved cases that have loaded holes as part of their fact situations 

are insurance company cases alleging negligence for causing injury or liability cases 

alleging faulty products. What is listed below are relevant sections from OSHA, MSHA 

and SMCRA and relevent excerpts from Federal Register preambles to the rules. 

Copies of the materials listed below are attached. 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

29 CFR 1926.905(s) (1992). Loading of explosives or blasting agents.

"No loaded holes shall be left unattended or unprotected."

MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)

30 CFR 56.6313 (1992). Blast site security.

"Areas in which loading is suspended or loaded holes are awaiting firing shall be 

attended, barricaded and posted, or flagged against unauthorized entry."

30 CFR 77.1303(g) (1992). Explosives, handling and use.

"Areas in which charged holes are awaiting firing shall be guarded, or barricaded and 

posted, or flagged against unauthorized entry."
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

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56 FR 2070 (JANUARY 18, 1991). 30 CFR Parts 56 and 57: Safety standards for 

explosives at metal and nonmetal mines. 

Definitions. "Loading: The definition is added to standardize and clarify this important 

aspect of blasting activities. The use of 'charge' as synonymous with 'load' has resulted 

in some confusion within the mining community. MSHA has determined the exclusive 

use of 'load' to be descriptive of the process of placing explosive material in a hole or 

against material to be blasted."

56/57.6313 Blast site security. "This standard addresses hazards present where loading 

is completed and the hole is awaiting firing.... The term 'loaded' is substituted for 

'charged' and the term 'attended' is substituted for 'guarded' for consistency with other 

standards. The existing standard allows alternatives to guarding. The area can be 

barricaded and posted, or flagged against unauthorized entry. Commenters indicated 

that it is appropriate to continue to allow these alternatives to 'attending' the site. MSHA 

agrees with these commenters and has allowed barricading and posting or flagging in 

situations where loading is suspended. The standard thereby allows mine operators 

flexibility in protecting loaded or partially loaded holes which are not ready to be 

initiated."

SMCRA

30 CFR 715.19(v) (Interim program regulations). Use of explosives.

"Areas in which charged holes are awaiting firing shall be guarded, barricaded and 

posted, or flagged against unauthorized entry."

44 FR 14902 (MARCH 13, 1979). Preamble to Section 816.65(e).

"Although several commenters supported the proposed version of this section, other 

comments suggested that either it be deleted, or the wording changed to agree with 

relevant MSHA regulations. Several commenters recommended deletion on the 

grounds that the guarding of charged holes is already covered by MSHA and that an 

additional ruled covering the same item is merely duplicative. MSHA does, in fact, cover 

the protection of charged holes under 30 CFR 77.1303(g).... The Office believes that the 

MSHA rule is adequate, so that the Office's proposed rule is redundant. MSHA's 

regulation will apply to surface coal mining operations throughout the active phase of 

mining. Blasting is not ordinarily conducted at other times in the surface mining of coal, 

and the flagging/guarding of holes is related solely to worker protection, not those 

outside the mine-site."

816.65 was removed March 8, 1983 (48 FR 9788).

48 FR 9788 (MARCH 8, 1983). 816.66 Use of explosives: Blasting signs, warnings, 

and access control. 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 3 of 3

816.66(a)(2): "At all entrances to the permit area from public roads or highways, place 

conspicuous signs which state 'Warning! Explosives in Use,' which clearly list and 

describe the meaning of the audible blast warning and all-clear signals that are in use, 

and which explain the marking of blasting areas and charged holes awaiting firing within 

the permit area."

WY

WY Chap 6 Sec 4(a)(vi) (1989).

"Areas in which charged (loaded) holes are awaiting firing shall be guarded against 

unauthorized entry."

55 FR 23703 (JUNE 12, 1990). West Virginia Permanent Regulatory Program. 

Section 38-3-6: Blasting "Comment: MSHA recommends that, due to inconsistencies in 

interpretations of the term 'charged holes,' West Virginia revise the subsection 6.5(b)(3) 

to require that all boreholes containing explosives be guarded or posted against 

unauthorized entry. 

"Response: Because the Federal regulations at 30 CFR 816.11(a)(2) and 817.66(a)(2) 

also use the term 'charged holes,' the Secretary finds that proposed State rule no less 

effective than its Federal counterparts."

ATTACHMENTS

A. 29 CFR 1926.905(s) (1992). Loading of explosives or blasting agents. 

B. 30 CFR 56.6313 (1992). Blast site security. 

C. 30 CFR 77.1303(g) (1992). Explosives, handling and use. 

D. 56 FR 2070 (JANUARY 18, 1991). 30 CFR Parts 56 and 57: Safety standards for 

explosives at metal and nonmetal mines. 

E. 30 CFR 715.19(v) (Interim program regulations). Use of explosives. 

F. 44 FR 14902 (MARCH 13, 1979). Preamble to Section 816.65(e). 

G. 48 FR 9788 (MARCH 8, 1983). 816.66 Use of explosives: Blasting signs, 

warnings, and access control. 

H. WY Chap 6 Sec 4(a)(vi) (1989). 

I. 55 FR 23703 (JUNE 12, 1990). West Virginia Permanent Regulatory Program. 

Section 38-3-6: Blasting.