Section 880-X-12A-.07 - Required Elements Of Certification (Alabama Administrative Code)

§ 880-X-12A-.07. Required Elements Of Certification

(1) Initial Certification.

(a) Each applicant who has satisfactorily completed an approved training program and has successfully passed the comprehensive written examination prior to January 1, 1982, may be recertified under these regulations provided that the applicant:

1. Has sustained no blasting violations that have not been resolved;

2. Maintained a valid State license; and

3. Actively been engaged in blasting.

(b) Applicants seeking blaster certification after January 1, 1982, shall be required to:

1. Complete a State approved blaster's training program;

2. Pass the comprehensive written examination with a score of 70% or better; and

3. Have one year of creditable blasting experience.

(2) Examination.

(a) Each applicant for blaster's certification shall receive written notification from the State Regulatory Authority within 30 days of examination, as to the applicant's certification status.

(b) Applicants who fail to qualify in the examination after two attempts must reapply for certification by submitting a new application to the State Regulatory Authority.

(3) Reciprocity. The State Regulatory Authority may grant certification to persons holding valid certifications issued by another state, providing the requirements for certification in such state are substantially equivalent to those of Alabama.

(4) Terms and conditions of certification.

(a) Certification shall be for a period of three years.

(b) The certificate shall include the blaster's name, company affiliation, and issue and expiration dates. An identification card will be issued to each certified blaster, which bears name, address, physical data, and recent photograph of blaster. The card remains the property of the State of Alabama.

(c) Each certified blaster shall, upon request, exhibit his blaster's certification to any duly authorized representative of the State Regulatory Authority.

(d) Certification shall not be reassigned or transferred.

(e) Certified Blasters shall take every reasonable precaution to protect their certificates from loss, theft, or unauthorized duplication. Any such occurrence shall be reported immediately to the State Regulatory Authority.

(5) Renewal.

(a) To maintain uninterrupted certification each certified blaster shall apply for recertification no later than 90 days prior to expiration of the term of certification.

(b) To qualify for renewal of certification each certified blaster shall demonstrate employment in the coal mine blasting profession during 12 months of the previous certification period, and one of the following.

1. Provide proof of completion of 12 contact hours of continuing education training courses approved by the ASMC during the 36 month period immediately prior to application for renewal, or;

2. Pass the comprehensive exam with a score of 70% or better within the 12 month period immediately prior to application for renewal.

(6) Approval of continuing education training courses. Continuing education training courses must be approved by the ASMC for credit in meeting the requirements of paragraph (5)(b)1. Courses must be relevant to coal mine blasting and a description of the materials covered, time of instruction, and qualifications of instructors must be provided.

(7) Suspension and Revocation.

(a) The State Regulatory Authority, when practicable, following written notice and opportunity for a hearing, may, and upon a finding of willful misconduct, shall suspend or revoke the certification of a blaster during the term of the certification, or take other necessary action for any of the following reasons:

1. Non-compliance with any order of the State Regulatory Authority.

2. Unlawful use in the work-place of, or current addiction to, alcohol, narcotics, or other dangerous drugs.

3. Violation of any provision of State or Federal explosive laws or regulations.

4. Providing false information or a misrepresentation to obtain certification.

(b) If advanced notice and opportunity for a hearing cannot be provided, an opportunity for a hearing shall be provided as soon as practical following the suspension, revocation, or other adverse action.

(c) Upon notice of a revocation, the blaster shall immediately surrender to the State Regulatory Authority the revoked certificate.

Author: Randall C. Johnson

(May 20, 1982; Amended: Filed: September 21, 1993; effective November 20, 1993.)

Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 75, 80, 90, 91.

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