N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 61-4.3

Current through Register Vol. 46, No. 51, December 18, 2024

Section 61-4.3 - Certification

(a) Classifications of certificates of competence. There shall be six classifications of certificates of competence issued to blasters, as follows:

(1) Class A (above\below ground). The holder of a Class A certificate of competence may act as a blaster-in-charge conducting and taking charge of any blasting operation except for those types of work performed by a Class D, Class E and Class F certificate holder. Individuals wishing to be certified as Class A and Class D or Class E or Class F must apply separately for each certification.

(2) Class B (aboveground). The holder of a Class B certificate of competence may act as a blaster-in-charge conducting and taking charge of any aboveground blasting operation except for those types of work performed by a Class D, Class E and Class F certificate holder. Individuals wishing to be certified as Class B and Class D or Class E or Class F must apply separately for each certification.

(3) Class C (belowground). The holder of a Class C certificate of competence may act as a blaster-in-charge conducting and taking charge of any underground blasting operation except for those types of work performed by a Class D, Class E and Class F certificate holder. Individuals wishing to be certified as Class C and Class D or Class E or Class F must apply separately for each certification.

(4) Class D (demolition). The holder of a Class D certificate of competence is restricted to acting as a blaster-in-charge conducting and taking charge of blasting operations associated with the demolition of buildings or other structures.

(5) Class E (seismic). The holder of a Class E certificate of competence is restricted to acting as a blaster-in-charge conducting and taking charge of blasting operations associated with seismic prospecting.

(6) Class F (special uses). The holder of a Class F certificate of competence is restricted to acting as a blaster-in-charge conducting and taking charge of blasting operations associated with special uses where the total weight of explosive material detonated does not exceed 50 pounds. Special uses include, but are not limited to, boiler cleaning, testing, bonding metals and cable splicing.

(7) Other blasting operations. Blaster certification for any blasting for any purpose not specifically defined in this Subpart shall be requested in writing defining purpose for which the explosives will be used.

(b) Certificate of competence required.

(1) No individual shall act as a blaster unless such individual possesses a current certificate of competence issued by the commissioner and is acting within the scope of the classification for which he or she is certified. Authorized blasting assistants may work as blasters under the supervision of a certified blaster.

(2) No employer, contractor, or agent, including a sponsor or supplier, shall knowingly permit any individual to act as a blaster unless such individual is either a certified blaster working within the scope of the individual's certified classification or an authorized blasting assistant.

(c) Responsibilities of blaster-in-charge. Each blaster-in-charge of a blasting operation shall be responsible for complying with the reporting and recordkeeping requirements and the standards of conduct at sections 61-4.7 and 61-4.8 of this Subpart. Such responsibilities include, but are not limited to, confirming that each blaster on the blasting operation is an authorized blasting assistant.

(d) Responsibilities of certified blasters. Certified blasters who are not designated as the blaster-in-charge are responsible for complying with reporting requirements of section 61-4.7(c) of this Subpart and for ensuring that their own activities, and those of any authorized blasting assistants that they have been assigned by the blaster-in-charge to supervise, comply with the standards of conduct at section 61-4.8 of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 61-4.3