S.I. No. 274/1986 - Packing of Explosives For Conveyance (Amendment) Rules, 1986

S.I. No. 274 of 1986.

PACKING OF EXPLOSIVES FOR CONVEYANCE (AMENDMENT) RULES, 1986

I, ALAN M. DUKES, Minister for Justice, in exercise of the powers conferred on me by sections 33 and 40 of the Explosives Act, 1875, as adapted, hereby make the following Rules:—

1. (1) These Rules may be cited as the Packing of Explosives for Conveyance (Amendment) Rules, 1986.

(2) These Rules shall come into operation on the 31st day of July, 1986.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Rules.

3. In these Rules "the Principal Rules" means the Packing of Explosives for Conveyance Rules, 1955 ( S.I. No. 37 of 1955 ).

4. The First Schedule to the Principal Rules is hereby amended by the addition thereto of the following Part II and by the substitution for the imperial measurements and weights set out in the first column to the said Part of the metric measurements and weights set out in the second column to the said Part in each place where they occur in the Rules.

PART II.

TABLE.

5. The Principal Rules are hereby amended by—

( a ) the insertion in Rule 3 after the definition of "inner package" of the following definition—

"outer overall package" means a freight container which complies with the conditions set out in the Second Schedule to these Rules and has been approved of as suitable for the conveyance of explosives by a Government Inspector;"

( b ) the substitution for Rule 4 of the following Rule—

"4. The interior of every outer and inner package shall be clean and free from grit and in the case of a conveyance by road in an outer overall package the interior of the outer overall package shall be clean and free from grit.",

( c ) the substitution for Rule 5 of the following Rule—

"5. Iron or steel shall not be used in the construction of any outer or inner package unless it is so covered as to prevent it from being or becoming exposed and in the case of a conveyance by road, iron or steel shall not be used in the construction of any outer overall package unless it is so covered internally to prevent the iron or steel from being or becoming exposed: provided that this Rule shall not apply to the packing of explosives comprised in Division 1 of Class 6 or in Division 2 of Class 7.",

( d ) the substitution for Rule 6 of the following Rule—

"6. (1) Subject to the provisions of paragraph (2) of this Rule, no outer or inner package shall—

( a ) contain more than one explosive;

( b ) contain any other article or substance except for the purpose of packing in accordance with these Rules.

(2) There may be packed in the same outer package—

( a ) an inner package containing a propellant and an inner package containing a different propellant or gunpowder; or

(b) an inner package containing an explosive comprised in Division 1 of Class 6 and any article or substance which is not of an inflammable or explosive nature or liable to cause fire or explosion.

(3) An outer overall package may contain explosives not exceeding 16 tonnes of Classes 1, 2, 3 and the following explosive of Class 6 Division 2 (instantaneous detonating fuse) and the following explosive of Class 6 Division 1 (safety fuse).",

(e) the substitution for Rule 8 of the following Rule—

"8. (1) Subject to the provisions of paragraph (2) of this Rule, an authorised explosive comprised in the Class and Division, if any, or of the name and description specified in the first column of the Schedule to these Rules shall be packed in accordance with the method specified opposite thereto in the second column of the said schedule, and the amount of such explosive packed in any one outer package and into any one inner package shall not exceed the quantity, if any, specified opposite thereto in the third and fourth columns of the said Schedule respectively.

(2) In addition to the requirements laid down in paragraph (1) of this Rule, where an authorised explosive is to be conveyed by road in accordance with the Conveyance of Explosives (Amendment) Bye-laws, 1986, an outer overall package shall be used for the conveyance where the quantity of explosive exceeds 5 tonnes and an outer overall package may be used for the conveyance where the quantity of explosives is less than 5 tonnes.

(f) by the addition of the following Schedule:

Rule 8

"SECOND SCHEDULE

Conditions under which explosives shall be packed in an outer overall package.

1. The outer overall package shall be totally enclosed and weatherproof having a rigid roof, side walls, end walls, doors and floors.

2. The outer packages packed in the outer overall package shall be dry and be packed in dry conditions.

3. Before each packing of explosives for conveyance under these Rules, an empty outer overall package to be used for such conveyance shall be given a thorough examination by a person authorised in writing by the consignor of the explosives in order to ensure that the outer overall package is—

(a) dry internally,

(b) clean,

(c) suitable for the conveyance of explosives including being free from strucutural defects having regard to the provisions of this Schedule and any instructions issued by a Government Inspector.

4. A record of the examination of the outer overall package before each packing of explosives for conveyance shall be kept by a person authorised in writing by the consignor of the explosives after each conveyance of explosives for a period of at least six months and be made available to a Government Inspector on request.

5. The surfaces of the side walls, closed end wall and floor of the inside of the outer overall package shall be of wood and shall be—

(a) of such strength, construction, and character that those surfaces will not be broken or accidentally opened, or become defective or insecure whilst being conveyed,

(b) either an integral part of the outer overall package or may be a separate lining of unpainted wood not less than 6 millimetres thick which shall cover all the exposed metal parts of the outer overall container, other than the inside of the roof and non-ferrous side members of the frame of the outer overall package,

(c) spaced away from the inside walls of the outer overall package so as to minimise condensation and the spacing shall not be less than 24 millimetres from a smooth-skinned outer overall package or in the case of an outer overall package with a corrugated skin the depth of the corrugations if not less than 24 millimetres.

6. Where outer packages of explosives containing nitroglycerine are to be conveyed in outer overall packages with outer packages of explosives not containing nitroglycerine the bottom layer of outer packages shall whenever possible be comprised of outer packages of explosives not containing nitroglycerine.

7. Each outer package used for the conveyance of explosives shall—

(a) be manufactured from strong and good quality solid or double-faced corrugated fibreboard of such strength, construction and character so that it will not be broken or accidentally opened or become defective or insecure while being conveyed,

(b) be water resistant,

(c) have proper bending qualities.

(d) be cut, creased without scoring, and slotted so as to permit assembly without cracking, surface breaks or under bending, and

(e) in the case of corrugated fibreboard, the fluting of corrugated fibreboard shall be firmly glued to the facings, and be taped, lapped and glued with a water resistant adhesive or lapped and stitched with metal staples and lapped joints, where used, shall have an adequate overlap, and be so designed and manufactured so as to be secure and sturdy so as to provide a good fit for the contents.

8. The outer packages shall be packed into the outer overall container so that—

(a) the weight of the completed load is distributed evenly over the floor of the container, so far as is reasonably practicable,

(b) the whole floor area of the container is occupied so far as is reasonably practicable,

(c) when packages are of significantly different weight, the packages having the greater weight are placed below those of lesser weight so far as is reasonably practicable provided that when outer packages of explosives containing nitroglycerine are packed with outer packages of explosives not containing nitroglycerine the outer packages of explosives not containing nitroglycerine will form the bottom layer as far as is possible,

(d) the top of the completed stack is level so far as is reasonably practicable,

(e) the packages of explosives shall be stowed in the container in such a manner that when loaded the contents of the container are restrained against movement when subjected to accelerations of—

(f) there is sufficient space between the top layer of outer packages and the inside of the roof of an outer overall package so as to allow a sheet or sheets of rigid non-metallic material to be placed over the top layer of the outer packages and that sheet or those sheets shall be restrained by lashing points so far as it is reasonably practicable, and

(g) in the case of containers which are solely to convey explosives by road between premises each licensed for the keeping of explosives all the provisions of subparagraph (f) of this paragraph and that part of subparagraph (e) of this paragraph which relate to restraints against vertical movement shall not apply.

9. After loading the container with packages, the door end of the stack shall be faced with a sheet of 6 millimetres plywood, or other material having similar properties and strength, the sheet being securely restrained by straps, capable of restraining the overall packages from the accelerations set out in paragraph 8(e) of this Schedule, attached to lashing points secured to the body of the outer overall packages or alternatively the said plywood sheets should be secured to horizontal batons which can be braced against the corner uprights of the container with similar batons of adequate strength and where nails are used they shall be of non-ferrous material and any batons used shall contain no exposed iron or steel.

10. The outer overall package should be fitted with a locking device designed to withstand attack with hand tools.

11. (1) Any person who is employed to pack or to unload explosives to which these Rules apply shall receive adequate instructions from his employer to enable him—

(a) to understand the nature of potential dangers to which any explosives to be packed or unloaded by him may give rise,

(b) to know the steps which may be taken to deal with any foreseeable emergency.

(2) There shall be kept by all manufacturers and users of explosives to which these Rules apply, a record of the training received by each person employed to pack explosives and a copy of such record shall be kept for inspection by a Government Inspector who is hereby authorised to examine any such record at all reasonable times.".

GIVEN under my Official Seal, this 31st day of July, 1986.

ALAN M. DUKES,

Minister of Justice.

EXPLANATORY NOTE.

These Rules will amend the Principal Rules to prescribe in metric units instead of imperial units as heretofore, the maximum measurements and weights of explosives to be packed in any one "outer package" and in any one "inner package", as defined in the Packing of Explosives for Conveyance Rules, 1955 ( S.I. No. 37 of 1955 ). They will also provide for the insertion in the Principal Rules of the definition "outer overall package" to mean a freight container complying with the conditions in the Schedule to the Rules, as amended, and for the packing of explosives in such a container.