OSHA Instruction STD 3-19.1 October 30, 1978

Jan. 31, 1978

OSHA PROGRAM DIRECTIVE #100-95

TO: REGIONAL ADMINISTRATORS/OSHA

THRU: DONALD E. MACKENZIE Field Coordinator

Subject: 29 CFR 1926.902(d) Proposed Modifications to Explosives and Blasting Agents and Surface Transportation of Explosives

1. Purpose

The purpose of this directive is to provide advisory information and guidance on proposed future changes to 29 CFR 1926.902(d).

2. Documentation Affected

This directive supersedes OSHA Field Information Memorandum #76-23 dated September 30, 1976.

3. Background

Questions have arisen concerning the simultaneous transportation of blasting caps with other explosives as delineated in 29 CFR 1926. 902(d). Conflicts with explosives regulations for other Federal agencies have been noted.

4. Clarification

A proposal to revise 29 CFR 1926.902(d) is being formulated that will permit, under certain conditions, the simultaneous transportation of blasting caps with other explosives on the same vehicle. This is presently permitted by the Department of Transportation in 49 CFR 177.835(g), which outlines the controlled conditions necessary to insure safety. Compliance with 59 CFR 177.835(g) provides protection equal to or greater than that provided by 29 CFR 1926.902(d).

OSHA Instruction STD 3-19.1 October 30, 1978

5. Action

Pending final approval of the proposed changes in the standards, any violation of the requirements of 29 CFR 1926.902(d) which is inconsistent with the Department of Transportation 49 CFR 177.835(g) shall be considered de minimis, provided that the employer is in compliance with 49 CFR 177.835(g).

6. Effective Date

This directive effective immediately and will remain in effect until canceled or superseded by either a later directive or change in the standards.

Richard P. Wilson Deputy Director, Federal Compliance and State Programs

DISTRIBUTION:

A-1 E-1 B-2 HEW-1 C-1 NIOSH Regional Directors-1 D-4&5 NACOSH-1 Training Institute-4

(Originator: OCCS)