New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 39 - Possession, Handling, Storage And Transportation Of Explosives › Section 39.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part (rule) the following terms
					 mean:
(a) Acceptable. Satisfactory to
				  the commissioner as complying with the provisions of this Part
				  (rule).
(b) Approved. In respect to
				  a device or material; in compliance with a subsisting resolution of approval
				  adopted by the board; in respect to action by the board; made the subject of a
				  resolution of approval.
(c)
				  Blaster. A designated person in charge of blasting operations who is at least
				  21 years of age; who has training, knowledge and experience in the
				  transportation, storage, handling, use and destruction of explosives; who is in
				  adequate physical condition to perform the work of blasting; who is not
				  addicted to the use of narcotics, intoxicants or similar types of drugs; and
				  who is able to understand and give written and verbal orders in the English
				  language.
(d) Blasting agent. Any
				  material or mixture consisting of a fuel and an oxidizer intended for blasting,
				  in which none of the ingredients are classified as an explosive, and which,
				  when mixed for use or shipment, cannot be detonated by a number eight test
				  blasting cap while unconfined. A number eight test blasting cap is one
				  containing two grams of a mixture of 80 percent mercury fulminate and 20
				  percent potassium chlorate, or any blasting cap of equivalent
				  strength.
(e) Board. The Board of
				  Standards and Appeals of the State of New York.
(f) Certificate of competence. A document
				  issued to a blaster by the commissioner in accordance with the provisions of
				  this Part (rule).
(g) Commissioner.
				  The Industrial Commissioner of the State of New York.
(h) Department. The Department of Labor of
				  the State of New York.
(i)
				  Designated person. A person selected and directed by an employer or by the
				  employer's authorized agent to perform a specific task or duty.
(j) Detonators. Fuse blasting caps,
				  instantaneous and delay electric blasting caps, detonator cord, nonelectric
				  blasting devices and detonating cord connectors.
(k) Explosives. The term explosives is
				  defined in subdivision 1 of section 451  of the
				  Labor Law, but shall not be deemed to include any of the following:
(1) Matches that will not ignite
				  spontaneously when subjected for eight consecutive hours to a temperature of
				  200 degrees Fahrenheit in a properly conducted laboratory test.
(2) Firecrackers, the explosive content of
				  which does not exceed 12 grains each in weight when packed in strong, tight,
				  sparkproof, wooden barrels or wooden or fibreboard boxes.
(3) Fixed ammunition for small arms, such as
				  is used in pistols, revolvers and rifles, which do not exceed 0.50 inches
				  caliber, in shotguns and similar firearms or in machine guns with nonexplosive
				  bullets, when packed in pasteboard or other similar inside boxes in strong
				  wooden or fibreboard outside boxes or metal containers.
(4) Primers for small arms when packed in
				  cellular inside packages with partitions separating the layers and columns of
				  the primers in strong, tight outside wooden boxes.
(5) Safety fuse, consisting of a core of
				  black powder overspun with yarns, tapes and/or waterproofing compound, and
				  packed in outside fibreboard boxes, wooden boxes, wooden barrels, bales or
				  metal containers.
(6) Any of the
				  above when in their completed form and temporarily loosely stored in vented
				  containers at the place of their manufacture prior to packaging or after
				  removal from their original containers or packages prior to lawful
				  use.