REGULATORY COMPLIANCE FOR DRILLERS, BLASTERS AND DISTRIBUTORS HOTSPOTS AND PITFALLS

摘要

Anyone in business today knows how difficult and time consuming it is to keep abreast of new and revised federal regulations. Those in the explosives industry know that such a task can be next to impossible as the regulatory environment faced by those in the hazardous materials community continues to undergo a major overhaul following the events of September 11th, 2001. This paper will attempt to clarify today's regulatory picture by identifying some of the regulatory "hotspots" and "pitfalls" that affect individuals and companies involved in the sale, transportation, distribution and use of explosives. The paper will begin by reviewing the regulatory compliance agencies within the United States including the: Department of Transportation (DOT), Mine Safety and Health Administration (MSHA), Bureau of Alcohol, Tobacco and Firearms (ATF), Occupational Safety and Health Administration (OSHA), Office of Surface Mining (OSM), and the Environmental Protection Agency (EPA), along the specific areas they enforce. Additionally, a detailed emphasis on those regulations which have recently been changed or updated, as well as some recent enforcement actions will be highlighted. Examples of actual incidents resulting in fines and penalties imposed upon transportation, distribution and blasting companies will be discussed. Additionally, we will provide some examples where liability claims defense has either been assisted by or hampered by regulatory compliance or lack there of. Finally, we will present ideas and systems such as a compliance calendar to help avoid regulatory compliance pitfalls, and will provide a listing of resources which may aid in compliance. While space and time will not permit a full examination of every new and/or newly revised regulation affecting the explosives industry, we hope to educate the blasting contractor about those regulatory hotspots mat will have the greatest impact on the way he or she does business in the world today.