NRS618.890. Regulations establishing safety plans and procedures; training and testing program for employees; exception.

      1.  The Division shall adopt regulations establishing standards and procedures for places of employment where explosives are manufactured, or where an explosive is used, processed, handled, moved on-site or stored in relation to its manufacture, including, without limitation, regulations requiring the:

      (a) Establishment and implementation of safety plans and procedures;

      (b) Establishment of safety zones at or around such places of employment;

      (c) Annual certification of such places of employment;

      (d) Annual certification of trainers, production managers, supervisors and other persons designated by an employer to provide an annual training and testing program for employees; and

      (e) Establishment and implementation of programs for the annual training and testing of employees who are engaged in the manufacture of an explosive, or the use, processing, handling, on-site movement or storage of an explosive that is related to its manufacture, that will be conducted by a trainer, production manager, supervisor or any other person certified pursuant to paragraph (d).

      2.  If the standards and procedures adopted pursuant to this section conflict with any ordinances of a local governing body regulating explosives, the more stringent standard applies.

      3.  Except as otherwise provided in subsection 2, compliance with an ordinance of a local governing body regulating explosives does not excuse any person from complying with the standards and procedures adopted by the Division pursuant to this section.

      4.  Each employer engaged in the manufacture of explosives shall provide to each of his or her employees, who in the course of their employment are directly involved in the manufacture of explosives, or the handling of an explosive or any hazardous component thereof, an annual training and testing program that has been approved by the Division in accordance with subsection 1. The annual training must be conducted by a trainer, production manager, supervisor or other person certified by the Division to provide such training. An employer shall not allow an employee to engage in employment that requires the employee to be directly involved in the manufacture of explosives, or the handling of an explosive or any hazardous component thereof, until the employee has completed the applicable training and testing program required pursuant to this subsection. Any violation of this subsection by an employer constitutes a serious violation which is subject to the provisions of NRS 618.645.

      5.  Notwithstanding any provision of this section to the contrary, the provisions of this section do not apply to the mining industry.

      6.  Except as otherwise provided in subsection 7, as used in this section, “explosive” means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses other than electric circuit breakers, detonators and other detonating agents, smokeless powders, other explosive or incendiary devices and any chemical compound, mechanical mixture or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion, or detonation of the compound, mixture or device or any part thereof may cause an explosion.

      7.  For the purposes of this section, an explosive does not include:

      (a) Ammunition for small arms, or any component thereof;

      (b) Black powder commercially manufactured in quantities that do not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers that are intended to be used solely for sporting, recreation or cultural purposes:

             (1) In an antique firearm, as that term is defined in 18 U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or

             (2) In an antique device which is exempted from the definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4), as that section existed on January 1, 1999; or

      (c) Any explosive that is manufactured under the regulation of a military department of the United States, or that is distributed to, or possessed or stored by, the military or naval service or any other agency of the United States, or an arsenal, a navy yard, a depot or any other establishment owned by or operated on behalf of the United States.

      (Added to NRS by 1999, 1853)