Environmental and Public Protection Cabinet
Citations issued in blasting accident at Hazard

FRANKFORT, Ky. (Oct. 21, 2005) –  The Division of Explosives and Blasting has issued seven citations to American Blasting Co. for a blasting accident that sent rocks crashing through the roof of a Wal-Mart in Hazard on Oct. 19.

Three people were injured in the accident. Upon arrival at the scene, a construction site near the damaged store, inspectors from the division issued a citation to the company. The citation halted all drilling and blasting pending an initial investigation, submittal of a blasting plan and approval of the plan.

In addition, the blaster on record for American Blasting, Tim Meredith, was issued a citation that suspended his blasting license pending completion of the initial investigation.

The division, an agency of the Office of Mine Safety and Licensing in the Environmental and Public Protection Cabinet, approved a blasting plan late Thursday, allowing drilling and blasting at the site to resume.  Meredith’s suspension was lifted, but he will remain on probation for six months.

After review of the scene and statements from witnesses, the division issued five additional citations for violation of Kentucky blasting law to American Blasting, which is based in LaFollette, Tenn. The maximum fine under Kentucky law is $1,000 per violation.  A list of the violations is as follows:   

Citations Issued to American Blasting re: Roy Campbell Development, Hazard
Incident Occurred Oct. 19, 2005
Citations Issued Oct. 19-20, 2005

• Citation # 3690
  Issue Date: 10/19/2005
  Violation of: 351.315(7) Licensing of blaster. Violator: Timothy R. Meredith, license # 9715.
  (7) The commissioner may suspend any license for due cause, but no license may be revoked until the licensee has been granted adequate opportunity for a hearing conducted in accordance with KRS Chapter 13B.  Fine assessed : 0  (License was suspended pending findings of investigation, Agreed Order signed by Mr. Timothy R. Meredith, license # 9715, releasing him to return to his duties and responsibilities effective October 20, 2005 with 6 months probation) 
• Citation # 3686
  Issue Date: 10/19/2005
  Violation of: 351.330(4) Requirements governing blasting operations. American Blasting Co., Inc.
  (4) Blasting operations without instrumentation will be considered as being within the limits set forth in this subsection if such blasting operations are conducted in accordance with rules and regulations of the department establishing the maximum amount of explosives to be used in a single charge and in a single subcharge within specified distances from any location provided by subsection (1). No more than 40,000 pounds of explosives may be used in any charge except with the approval of the commissioner. Regulations promulgated by the department pursuant to this subsection shall be in such terms that compliance therewith will assure compliance with the provisions of subsection (3). Fine Assessed: $350.00 (Exceeding maximum allowable amount of explosives to be used in a single sub-charge without instrumentation)
  
• Citation # 3689
  Issue Date: 10/19/2005
  Violation of: 351.330(14) Requirements governing blasting operations. American Blasting Co., Inc.
   (14) In blasting operations, flying rocks shall not be allowed to fall greater than one-half (1/2) the distance between the blast and a dwelling house, public building, school, church, commercial or institutional building. Protective material shall be used to insure this limit. Fine Assessed: $1,000.00 (injuries and damage)
  
• Citation # 3685
  Issue Date: 10/19/2005
  Violation of: 351.330 Requirements governing blasting operations. American Blasting Co., Inc.
  (15) When a blast is about to be fired, ample warning shall be given to allow all persons to retreat to a safe place, and care shall be taken to ascertain that all persons are in the clear. Each operator shall follow a definite plan of warning signals that can be clearly seen or heard by anyone in the blasting area. The operator shall inform all employees at the operation as to the established procedure. Fine Assessed: $750.00 (Failure to clear blast area)
  
• Citation # 3688
  Issue Date: 10/19/2005 American Blasting Co., Inc.
  Violation of: 351.360 Records required. A record of each blast shall be kept. All records including seismograph reports shall be retained at least five (5) years and shall be available for inspection by the department and shall contain such data as the commissioner determines. Fine Assessed: $50 (Record was not accurate and did not contain correct information)
  
• Citation # 3684
  Issue Date: 10/19/2005 American Blasting Co., Inc.
  Violation of: 805 KAR 4:125. Firing the blast.
  (7) If necessary for public safety, the department may require the blaster to submit a written plan describing the warning signals, notification procedures, and access control methods to be used on a particular blast site. Fine Assessed: 0 (All blasting and drilling is suspended until a blast plan is submitted and approved)
  
• Citation # 3687
  Issue Date: 10/20/2005 American Blasting Co., Inc.
  Violation of: (8) When blasting is done in congested areas or in proximity to a structure, railway, or highway, or any other installation that may be damaged, the blaster shall take special precautions in the loading, delaying, initiation, and confinement of each blast with mats or other methods so as to control the throw of fragments, and thus prevent bodily injury or death. Fine Assessed: $500.00 (Failure to take special precautions to control fragments from leaving the blast site)