Explosives (Safety Provisions) (Jersey) Regulations 1972: Certificate of Exemption

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A decision made on 9 October 2009 to grant a Certificate of Exemption under the Explosives (Safety Provisions) (Jersey) Regulations 1972

Decision Reference: MD – S – 2009 - 0057
Decision Summary Title :	Application for a certificate of exemption from the Explosives (Safety Provisions) (Jersey) Regulations, 1972		Date of Decision Summary:	8th October 2009
Decision Summary Author:	Colin Myers Director of Health and Safety		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Application for a certificate of exemption from the Explosives (Safety Provisions) (Jersey) Regulations, 1972		Date of Written Report:	8th October 2009
Written Report Author:	Colin Myers Director of Health and Safety		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Application for a certificate of exemption to enable His Excellency the Lieutenant-Governor, Lieutenant General Andrew Ridgway, CB, CBE to fire a blast at Ronez Quarry, St John.
Decision(s): The Minister granted a certificate of exemption in accordance with Regulation 65 of the Explosives (Safety Provisions) (Jersey) Regulations, 1972, to enable His Excellency the Lieutenant-Governor, Lieutenant General Andrew Ridgway, CB, CBE to fire a blast at Ronez Quarry, St John.
Reason(s) for Decision: The Minister is satisfied that the arrangements for firing the blast will not result in a reduction in the safety arrangements for the use of explosives in the quarry.
Resource Implications: There are no implications for the financial or manpower resources of the States.
Action required: Director of Health and Safety is to arrange for Ronez Limited to be advised of the granting of the certificate of exemption.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Explosives (Safety Provisions) (Jersey) Regulations 1972: Certificate of Exemption

Application for a certificate of exemption from the Explosives (Safety Provisions) (Jersey) Regulations, 1972

1. Summary

Ronez Limited has requested permission for a certificate of exemption to be granted from the requirements of the Explosives (Safety Provisions) (Jersey) Regulations, 1972, to enable His Excellency the Lieutenant-Governor, Lieutenant General Andrew Ridgway, CB, CBE, to carry out the firing of a shot at their quarry in St John during the course of his visit on the 16th October 2009.

In view of the circumstances under which the proposed blast is to be carried out, it is recommended that the Minister grant the exemption.

2. Background

It is understood that His Excellency the Lieutenant-Governor, Lieutenant General Andrew Ridgway, CB, CBE is visiting Ronez Ltd. quarry, St John, on the 16th October 2009. Mr Steve Le Louarn, Operations Manager for Ronez Ltd. has advised that His Excellency has expressed an interest in observing the blasting procedure in the quarry, and asked whether he could press the button on the exploder device to initiate a blast, (legally termed as ‘attempting to fire a shot’).

The action of attempting to fire a shot is subject to the requirements of the Explosives (Safety Provisions) (Jersey) Regulations, 1972. The Regulations set out requirements for the safe use of explosives in construction and engineering work, and quarrying operations, with Regulation 21 requiring that only shotfirers who are defined under the Regulations as competent persons, aged over 21, and, in the case of a quarry, appointed by the occupier of the quarry, attempt to fire a shot.

Regulation 65 of the Regulations does permit the Minister for Social Security, by certificate in writing, to grant an exemption from any of the requirements of the Regulations, subject to such conditions as the Minister may decide

His Excellency will be under the close supervision of competent employees of Ronez Ltd., and his role will be limited to pressing a button on the exploder device to initiate the blast.

4. Conclusion and recommendation

In this instance, it is apparent that the firing of a shot by His Excellency the Lieutenant-Governor, whilst under the direct and close supervision of an appointed shotfirer, will not result in a reduction in the arrangements for the safe use of explosives in the quarry.

It is, therefore, recommended that the Minister grant an exemption to Ronez Ltd. from the requirements of Regulation 21 of the Explosives (Safety Provisions) (Jersey) Regulations, 1972, to enable His Excellency to attempt to fire a shot at their quarries in St John, subject to the following conditions:

His Excellency being under the direct supervision of a competent employee of Ronez Ltd.; and

The date and time of the attempt to fire the shot being notified to the Health and Safety Inspectorate.

The Certificate of Exemption is attached to this report.

Colin Myers

Director of Health and Safety

8th October 2009

CERTIFICATE OF EXEMPTION

Health and Safety at Work (Jersey) Law, 1989

Explosives (Safety Provisions) (Jersey) Regulations, 1972

Certificate of Exemption 2009/02

Ronez Limited

In pursuance of the provisions contained in Regulation 65 of the Explosives (Safety Provisions) (Jersey) Regulations, 1972, the Minister for Social Security hereby exempts Ronez Limited from the requirements of Regulation 21 to enable His Excellency the Lieutenant-Governor, Lieutenant General Andrew Ridgway, CB, CBE to attempt to fire a shot at Ronez Limited quarry, St John, subject to the following conditions:

His Excellency the Lieutenant-Governor, Lieutenant General Andrew Ridgway, CB, CBE being under the direct supervision of a competent employee of Ronez Limited; and

The date and time of the attempt to fire the shot being notified to the Health and Safety Inspectorate.

Deputy Ian Gorst

Minister for Social Security

Date: