Changes enacted to enhance firework safety

Cherie Berry, Commissioner of Labor 1-800-625-2267 ♦ www.nclabor.com HAZARD /ALERT! Occupational Safety and Health Division HOI Mail Service Center, Raleigh, NC 27699-1101 Changes Enacted to Enhance Firework Safety Firework celebrations are enjoyed by millions of people around the world. Fireworks displays have become progressively more complex in an effort to enhance the spectacular nature of the pyrotechnic effects. Display fireworks — also known as commercial fireworks, Class В special fireworks and 1.3G explosives — are pyrotechnic devices intended for use outdoors where the audience is at a distance. It typically takes an entire day to set up a professional fireworks display. The size of these fireworks can range from 2 inches to more than 24 inches in diameter, depending on the effect and distance from the audience. On July 4, 2009, fireworks contained inside a rental truck exploded while the workers prepared for a 40-minute fireworks display at Ocracoke Island on North Carolina's Outer Banks, resulting in the death of four employees and serious bums to a fifth employee. Damaged rental truck sits near Ocracoke Island's South Feny Terminal after a fireworks explosion killed four and injured one on July 4, 2009. The rental truck was serving as a temporary magazine holding about 680 pounds of pyrotechnics (net explosive mass). While inside the bed of the truck, employees were installing electric matches into the fuse ends of aerial shells. About 10 shells were completed at the time of the explosion. The federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is responsible for the regulation of explosives and has jurisdiction over the storage and transportation/security of firewoiks. At the time of the explosion. North Carolina laws did not require operators to be trained or certified when participating in pyrotechnic activity. The N.C. General Assembly enacted the Pyrotechnics Safety Permitting Act after the explosion to improve pyrotechnic safety in North Carolina. This law sets established guidelines for the Office of State Fire Marshal in the N.C. Department of Insurance to regulate testing and training requirements. These requirements can be found at N.C. Gen. Stat. 58-82A, Pyrotechnics Training and Pennitting, and 1 1 NCAC 05D. The Office of State Fire Marshal requires that operators have the permits that it issues. There is a special permit for assistants who perform shows under the direct supervision of an operator. In addition, there is a permit required from the county commissioners as specified in N.C. Gen. Stat. 14-4 13. Pyrotechnic displays are permitted in counties or cities that have passed ordinances allowing such displays. The local governmental authority may issue a pyrotechnic display permit to any applicant who meets requirements. While there are no specific OSH A standards that address pyrotechnic procedures, N.C. General Statute 95-129(1), commonly referred to as the General Duty Clause, may be applied for recognized hazards not covered by a specific standard. The N.C. Department of Labor issued citations to the company involved in the 2009 fatal firewoiks explosion. The formal settlement agreement approved by the N.C. Occupational Safety and Health Review Commission listed seven serious violations — including five General Duty Clause violations — and two non-serious violations. The company paid a total penalty of $42,000. Guidance on proper handling of fireworks is available from the American Pyrotechnics Association’s Display Fireworks Training Program and the National Fire Protection Association’s Code for Fireworks Display (NFPA 1 123). Additional guidance is available on a number of related subjects such as storage, transportation, static electricity and security through additional APA, NFPA, DOT and ATF documents. Safety techniques when setting up a fireworks display • Remove all potential sources of ignition; e.g., lighters, cigarettes, matches, metal clipboards, motors, metal pens and pencils.